SHIPPING AND RETURNS
These General Sales Conditions govern the rules for the purchase of products and services carried out at a distance and returns available through the Internet on the site www.sanpierdamiani.com belonging to “Latteria sociale cooperativa San Pier Damiani”.
This site is the property of “Latteria sociale cooperativa San Pier Damiani” Sede Legale: via Gazzano 35/A, 43122 Parma C.F. e P.I. 00161210349 PEC: email@example.com
The site has been created for the sale of food and non-food products, in accordance with the Italian law on distance contracts in Legislative Decrees D.Lgs. n. 70/2003 and D.Lgs. 206/2005 and their later modifications and additions (hereafter, “Consumer Code”).
The sale is regulated by these General Conditions. The consumer (hereafter, Customer) who accesses the site to make purchases is therefore invited, before sending an order, to read carefully the General Sales Conditions was identified above and the information contained in them, and to print them on another long-lasting means.
1) The customer may purchase the products, illustrated in the e-commerce area of the site (www.sanpierdamiani.com), as they are described in the related information contained on the site, following the technical access procedures illustrated there. The publication of the packets shown on the site is an invitation to the Customer to formulate a contractual purchase proposal. The order sent by the Customer is a contract proposal and implies the complete understanding and full acceptance of these General Sales Conditions. The available languages are Italian and English.
The successful reception of the Customer’s proposal is confirmed by “Latteria sociale cooperativa San Pier Damiani” through an automatic response sent to the email address communicated by the Customer. This response only confirms the successful receipt of the proposal within the IT systems.
2) The Customer has the option of modifying or cancelling the order only by sending an email to firstname.lastname@example.org giving the reason, no later than 10 hours after the order confirmation.
Acceptance of the General Sales Conditions
3) The contract agreed between “Latteria sociale cooperativa San Pier Damiani” and the Customer must be understood to be concluded with the acceptance, even only partial, of the order by “Latteria sociale cooperativa San Pier Damiani”. This acceptance is considered tacit, unless otherwise communicated by whatever means to the Customer.
4) If the Customer is a consumer (in other words, a physical person who purchases the goods for reasons not confected to their professional activity), once the online purchase procedure is concluded the Customer will arrange to print or save an electronic copy and at any rate store these general sales conditions, in accordance with what is set out in Italian law on distance contracts. If the party that makes the purchase requires the issue of an invoice and/or at any rate is not a “consumer or user” as defined in Article 3, Paragraph 1 Letter a) of the Consumer Code, the right to withdrawal in Articles 7 and 8 of these General Conditions will not apply nor, more generally, will the provisions that under the terms of the same Consumer Code are solely applied to “consumers”.
5) The Customer does not have any right to damages or compensation, as well as any contractual or extra-contractual responsibility for direct or indirect damage to people and/or things, caused by the failed acceptance or processing, even partial, of an order.
Certain products placed on sale are alcoholic drinks. The purchase of alcoholic drinks is restricted to people with an age of 18 years or above. “Latteria sociale cooperativa San Pier Damiani” denies any responsibility in the case of purchases made by people under the age of 18.
6) The order sent by the Customer to “Latteria sociale cooperativa San Pier Damiani” via Internet must be completed in all its parts and must contain the elements necessary to identify the Customer and the packets ordered and the indication of the place of delivery, otherwise it is null and void.
7) By sending the order, in the different ways set out by the instructions on the site, the Customer states that they have seen all the information provided to them during the purchase procedure and that they fully accept the General Conditions of payment described below.
Information about the products – Prices – Shipping costs – Availability of products
8) The information about and characteristics of the products are available on the site. All the prices of the products, in Euros, are clearly indicated on the site and include VAT (“IVA”).
The shipping costs are calculated at the time of the order and are variable based on the number of products, their weight and the delivery address.
9) The prices of the products, as reported on the site, are subject to modification at any time and without prior notice, save that, solely for orders in course of acceptance or as above accepted by “Latteria sociale cooperativa San Pier Damiani”, the sales conditions will be applied in force at the time the order was sent by the Customer, excepting orders not accepted, as in Point 3.
10) The catalogue of products, among others, includes goods of variable weight, for which the purchasing method is the following:
a) the Customer chooses the type of product, the size and the number of pieces;
b) the Customer finishes the order by indicating the payment method, choosing from bank transfer and credit card;
c) “Latteria sociale cooperativa San Pier Damiani” confirms receipt of the order by sending an email to the Customer;
d) once the order has been received, “Latteria sociale cooperativa San Pier Damiani” processes it, checks the real weight of the goods and sends a prompt communication to the Customer indicating the real weight and the price to be paid for it;
e) in case of payment by bank transfer, after receiving the amount to be paid the payment must be made and then communicated. The order will only be processed once the payment has been credited to the bank account of “Latteria sociale cooperativa San Pier Damiani”. If the payment is made by credit card, see the paragraph “Payments by credit card”.
11) Generally, “Latteria sociale cooperativa San Pier Damiani” undertakes to deliver the ordered product to the courier within two/three working days of receiving the payment. The courier’s delivery times are 24/48 hours from receipt of the product, excepting certain particularly out of the way places, weekends and public holidays. The times for picking, preparing and packing are subject to variations based on type, availability, product packaging or time of year (e.g. the pre-Christmas period, Easter, mid-August holidays). In this case “Latteria sociale cooperativa San Pier Damiani” undertakes to communicate the promptly to the Customer to get their approval to carry on with the shipping. In the summer period, in order to guarantee the best possible preservation of the product, the times may undergo variations only with the aim of reducing the days of storage at the courier (e.g. at public holidays, weekends). Reimbursements for products paid for but not shipped, partially or totally, will be made by “Latteria sociale cooperativa San Pier Damiani” in as short a time as possible.
12) Once the order has been received, “Latteria sociale cooperativa San Pier Damiani” checks the availability of the stock for processing it. If one or more products turn out not to be available, “Latteria sociale cooperativa San Pier Damiani” sends a prompt email to the Customer who, within the following 12 hours, has the option to reply either confirming the shipping of any further products available or cancelling it. In case of no reply within that timeframe the order is considered confirmed and the available products are shipped. In the case the entire amount relating to the missing products is refunded, or at any rate, according to the chosen payment method, not debited from the Customer.
13) The visual representation of the packets on the site, where available, normally corresponds to the photo next to the description section. It is understood that the image of the products only has the aim of presenting them for sale and cannot perfectly represent their characteristics, which may differ in colour, size and accessories present in the image. In case of a difference between the image and the written product description, always trust the description in the product section.
Methods of payment
14) Payments being made for purchase contracts agreed via the web site can be made by credit card or bank transfer. At the moment of concluding the purchase contract, having checked the order summary and other aspects, the Customer confirms the operation. At this point, for payments made by credit card, the Customer’s browser is redirected automatically to the web site of the bank that issued the card for the payment with the data summarising the order and the parameters necessary for completing the transaction. The browser connects to the secure page containing a section where the Customer has to fill in the data relating to the card they intend to make the payment.
Payment by credit card
15) In cases of purchasing goods by credit card, at the conclusion of the online transaction, the bank involved authorises charging only the amount related to the purchase made.
16) In case of cancellation of the order, either by the Customer or in the case of its non-acceptance by “Latteria sociale cooperativa San Pier Damiani”, the cancellation of the transaction and the release from the amount to be paid is requested at the same time by “Latteria sociale cooperativa San Pier Damiani”. The times for the release, for certain types of cards, depend entirely on the banking system and may take as long as their natural deadline (typically 24-25 days from the date of authorisation). Once the cancellation of the transaction has been carried out, in no case can “Latteria sociale cooperativa San Pier Damiani” be considered responsible for any damage, direct or indirect, caused by the non-release of the amount by the banking system.
17) For the Customer’s greater assurance and security, at no time during the purchasing procedure is “Latteria sociale cooperativa San Pier Damiani” able to know the information relating to the purchaser’s credit card, which is transmitted directly through a protected connection to the bank web site that manages the transaction (Nexi). No computer or IT systems file belonging to “Latteria sociale cooperativa San Pier Damiani” stores this information. In no case, therefore, can “Latteria sociale cooperativa San Pier Damiani” be held responsible for any fraudulent or illegal use of credit cards by third parties at the act of payment for products purchased on www.sanpierdamiani.com
Delivery and documentation
19) All product shipments are at the risk of “Latteria sociale cooperativa San Pier Damiani”. The risk is transferred to the Customer at the act of delivery of the products to the Customer by the shipping company, the transporter or other agent employed by “Latteria sociale cooperativa San Pier Damiani” for the delivery.
20) Barring explicit information from the Customer, delivery is understood to be on street level.
Right to withdrawal
21) Under the terms of Legislative Decree D.Lgs. 06/09/05 N°206, the customer consumer has the right to withdraw from the purchase contract for any reason whatsoever, without the need to provide explanations and without any penalties, within 14 days of the delivery of the products.
In order to exercise this right, the Customer must send written communication by registered letter with advice of receipt to “Latteria sociale cooperativa San Pier Damiani”, via Gazzano 35/A – 42122 Parma or to the dedicated email address email@example.com indicating the product or products for which they intend to exercise the right of withdrawal, as long as they are still whole.
Once the communication of withdrawal has taken place “Latteria sociale cooperativa San Pier Damiani” will quickly arrange to communicate to the Customer the instructions on the methods for returning the goods.
22) The right to withdrawal is, however, subject to the following conditions:
the right is applied to the purchased product in its entirety; withdrawal cannot be exercised only on part of the purchased product;
the right to withdrawal is excluded in the following cases, under the terms of Article 59 of Legislative Decree d.lgs 21/2014: – order of customised products; – order of products that risk rapidly deteriorating or expiring; – order of sealed products that are not suited to being returned for reasons of hygiene or connected to health protection or that have been opened after delivery.
The purchased good must be whole.
According to the law, the shipping costs relating to the return of the good are at the expense of the Customer.
The shipping, until the proof of receipt by “Latteria sociale cooperativa San Pier Damiani”, is at the complete responsibility of the Customer.
In case of damage to the good during transport, “Latteria sociale cooperativa San Pier Damiani” informs the Customer of what has happened to allow them to make a claim against the courier chosen by them and to get reimbursement of the good’s value (if insured); in this case the product is made available to the Customer for its return, at the same time cancelling the request for withdrawal;
“Latteria sociale cooperativa San Pier Damiani” is not in any way responsible for damage or theft and/or loss of returned goods with uninsured shipping.
23) “Latteria sociale cooperativa San Pier Damiani” arranges to reimburse the Customer with the entire amount already paid, within 30 days of the return of the goods through the procedure of reversing the amount debited on the credit or through bank transfer. In the latter case, it is up to the Customer to promptly provide the bank account details to receive the reimbursement (Account number – Bank sort code – Name of account holder) ABI – CAB – Conto Corrente dell’intestatario del Conto).
24) The right to withdrawal is completely lost, because of the absence of the essential condition of the good’s wholeness (package and/or its contents), in cases where “Latteria sociale cooperativa San Pier Damiani” finds:
– the absence of the outer packaging and/or the original inside wrapping;
– the absence of integral elements of the product;
– damage to the product for other reasons than its transport.
In the case of the loss of the right to withdrawal, “Latteria sociale cooperativa San Pier Damiani” will arrange to return the purchased goods to the sender, debiting them with the shipping costs.
Errors and limitations of responsibility
25) The information relating to the products provided via the web site are constantly updated. However, it is not possible to guarantee the complete absence of errors, for which “Latteria sociale cooperativa San Pier Damiani” cannot therefore be considered responsible, except in case of intent or gross negligence. “Latteria sociale cooperativa San Pier Damiani” reserves the right to correct errors, imprecisions or omissions even after an order has been sent, or to modify or update the information at any time without prior communication, without prejudice to the rights of the Customer under the terms of these General Conditions and the Consumer Code. Apart from intent or gross negligence, every right of the Customer is excluded for damages and award of compensation, as well as any contractual or extra-contractual responsibility for direct or indirect damage to people and/or things, caused by the failed acceptance or processing, even partial, of an order.
26) Any claim must be sent to “Latteria sociale cooperativa San Pier Damiani”, via Gazzano 35/A, 43122, Parma.
The sales contract between the Customer and “Latteria sociale cooperativa San Pier Damiani” is understood to be concluded in Italy and governed by Italian law. For the resolution of civil and criminal disputes resulting from the conclusion of this distance sales contract, if the Customer is a consumer, the place of jurisdiction is that of the court in their place of residence; in all other cases, the place of jurisdiction is exclusively the court of Parma.