1. Premise
The following General Conditions of Sale govern the offer and sale of products on the website www.tartufilarocca.it (“Site”) between LA ROCCA di Martelli Mariangelo, P.IVA 00957720949 Company Register registration no. IS-204321 of (hereinafter: “La Rocca” or “Company”) – and the final consumer (hereinafter: “Customer”).
2. General Information
As a result of the orders formulated by the Customer and duly received and accepted by the Company with this contract “La Rocca” transfers or undertakes to transfer the ownership of said goods to the Customer and the latter pays or undertakes to pay the price.
The purchase of goods can take place in the following ways:
– website: www.tartufilarocca.it
– email: info@tartufilarocca.it
– telephone order: +39 0865 816 368
– teleshopping.
The products to be purchased are presented on the website, by e-mail, in paper or electronic catalogues, by paper mail, by telephone, by television channel. “La Rocca” serves the final consumer, who receives the products for sale. Persons with a VAT number who intend to have an invoice must request it by indicating all the data at the time of the order.
The e-commerce activity is aimed exclusively at adult end users. Therefore, in order to proceed with the purchase, it is necessary to declare that you are of age.
The products will remain the property of “La Rocca” until the customer has paid the purchase price, any shipping costs and any other additional costs, as indicated in the purchase order and according to the methods to the next point.
3. How to order – sales contract
The order can be placed through the channels indicated in the previous point 2.
In particular, in the case of use of the channel represented by the Website, the customer selects the products or offers which are automatically placed in the shopping cart. To confirm his purchases, the customer accesses the cart session by clicking on the “cart” button and fills in the order form which appears on the screen and whose content (products or errors) can be modified by the customer at any time before completing the order. order. Together with the contents of the cart, the customer will see the relative amount to pay which will be automatically updated if the customer changes the selected products or quantities.
By clicking on the relative button, the customer will continue and fill in the form with the information necessary for billing (if required), payment and delivery.
Before the final confirmation, the cart will be re-proposed with the relative amount to pay.
The sales contract will be considered finalized only when the customer has accepted the sales conditions set forth in the contract by clicking on the “PLACE ORDER” button. If the customer does not confirm acceptance of the sales contract by selecting the “PLACE ORDER” button, the sales contract will not be considered successful. No payment will be due and the customer will not receive the selected products. “La Rocca” will in any case send the customer an email summarizing the order and its status, pursuant to art. 13 of Legislative Decree 70/2003, containing the following information: a summary of the general and particular conditions applicable to the contract, information relating to the essential characteristics of the good or service, detailed indication of the price and means of payment, the detailed indication of the withdrawal, the delivery costs and the taxes applied.
If the product presented on the site is no longer available or on sale after sending the purchase order and the simultaneous payment, “La Rocca” will promptly notify the customer of the unavailability of the product and will contact the customer to agree on an alternative :
1) replacement with another product of equal value,
2) reimbursement of the price paid, which “La Rocca” will provide within 5 (five) days.
It is not possible to replace the purchased product with another one without additional costs.
In the case of promotional offers, the customer can purchase one or more individual offers.
4. Product description, features and prices
The products are presented and described on the site, in specific online offers and in sales emails which may contain specific links.
The prices of the goods presented are expressed in euros and include VAT. The possible duration of promotions and offers is indicated in correspondence with the product or offer to which it refers, as well as the prices applied.
The exclusive offers or “flash sale” of products published on the site or sent via email have a limited duration, always indicated and are valid while stocks last. The expiry date of the offers is indicated on the site and communicated to the customer if registered.
Any ancillary expense, where foreseen, is indicated in correspondence with the product to which it is applied.
The replacement of a sold out item within a promotional offer will be made with an alternative item of the same value; in the event that an entire package or most of the products ordered are out of stock, “La Rocca” will contact the customer.
5. Shipping costs
A shipping fee is required. The amount of the shipping costs is always indicated and visible at the time of the purchase process.
Shipping costs and any other additional costs, inclusive of VAT and expressed in Euros (€), will be expressly and separately indicated in the order form before the User sends it, as well as in the acceptance e-mail. of the order by “La Rocca”. The price of the products published on the Site may be changed without notice, it being understood that the price charged to the User will be the one indicated on the product sheet at the time the User sends the order. For large parcels or for the particular value of the transported goods, payment of a packaging fee may be required, the amount of which varies according to the product to be delivered and, in any case, is clearly indicated in the documentation – paper or electronic – which allows the order.
6. Methods of payment
Are accepted:
• credit card;
• PayPal;
• bank transfer;
It should be noted that “La Rocca” will not impose on the Customers, in relation to the aforementioned payment cards, expenses for the use of the same, or in the cases expressly established and communicated, rates that exceed those incurred by “La Rocca” itself. The institution issuing the payment card re-credits the payments to the Customer in the event of a debit exceeding the agreed price or in the event of fraudulent use of one’s payment card by “La Rocca” or a third party. The institution issuing the payment card has the right to charge “La Rocca” the sums re-credited to the customer.
If for any cause or reason the customer’s payment is refused, “La Rocca” will refuse the customer’s purchase order, notifying the latter by e-mail.
The charge of the amount due, as resulting from the purchase order sent by the customer and accepted by “La Rocca”, is made at the end of the purchase procedure only following the verification of the credit card data used by the customer and the issuance of the debit authorization from the company issuing the credit card used by the customer.
7. Terms of Delivery and Liability
The order fulfillment flow is handled with care and takes time. “La Rocca” undertakes to deliver the goods ordered for deliveries in Italy within 5 (five) working days for orders concluded with electronic payment (credit card).
Delivery is understood to have been made when the ordered goods come into the possession of the customer or the person who has delegated the collection. In the event that these terms cannot be respected (e.g.: products not present in the warehouse), “La Rocca undertakes to notify the customer in the manner that allows for the greatest timeliness to notify him and notify when the goods can be delivered.
8. Goods damaged upon delivery
If damaged, broken or stained parcels are delivered by the courier due to any product leakage, the customer is required to reject the shipment, expressly indicating the relative reason on the courier’s delivery form. “La Rocca” will take care of the return of the shipment via the courier.
In the event that the shipment consists of several packages and not all of them are damaged, the customer has the right to refuse delivery and reject the shipment of the damaged package only, by signing the courier’s delivery form “With Reserve” and indicating the number of damaged packages and returns. “La Rocca” will be responsible for returning the shipment via the courier, at no additional cost to the customer.
The damaged product will be replaced by “La Rocca” at no cost to the customer, within 15 (fifteen) working days of delivery. If the product to be replaced is out of stock, the customer will be promptly contacted by “La Rocca” to agree on the alternative replacement with another product of equal value, after sending the duly signed “replacement confirmation” form, the refund of the price paid, which “La Rocca” will provide within 5 (five) working days.
The shipping costs for returning the damaged package to “La Rocca”, for returning the replacement products to the customer and any costs for the refund of the price are borne by “La Rocca”.
9. Defective products and non-conforming products
In the event that the customer finds a defect in the product or products delivered to him, the customer is required to promptly notify the email address info@tartufilarocca.it, reporting the problem encountered and specifying name and surname, order number, detailed description of the defect found, attaching accompanying photographs, as well as to make the product deemed defective available to “La Rocca”.
“La Rocca” will verify the defects complained of by the customer which, if found, will entitle the replacement of the product or products, upon notification to the customer’s e-mail address.
“La Rocca” replaces the defective product or products at its own expense and bears the costs of the return. In the event that the products initially requested by the customer are out of stock, “La Rocca” will refund the amount paid by the User, as soon as possible and in any case within 3 (three) days of receipt of the authorization communication from “La Rocca ”.
Should the User receive from the courier a package that is damaged or stained by the leakage of product from any damaged bottles, “La Rocca” invites the customer to reject the shipment. In this case, “La Rocca” takes care of returning the shipment. All the costs of returning the damaged package and the subsequent costs for the possible re-sending of the product, in the shortest possible time, are naturally borne by “La Rocca”.
10. Unsolicited supplies
Except for the Customer’s consent, to be expressed before or at the time of conclusion of the contract, “La Rocca” will not carry out any supply other than the one agreed, even if of equivalent or higher value and quality.
If the Customer receives an unsolicited supply, he must notify La Rocca Customer Service, Tel. +39 0865 816 368 so that “La Rocca” can collect the said supply and refund the Customer of any sum already paid.
11. Right of withdrawal
Although the art. 52, d. Legislative Decree 21/2014 allows the Customer to exercise the right of withdrawal (i.e. the right to return the goods, for any reason and without giving justifications and without any charge against him) after n. 14 (fourteen) days from the delivery of the goods, “La Rocca” grants the Customer the broader term of n. 30 (thirty) days from the delivery of the goods. Therefore, the Customer may exercise the right of withdrawal within n. 30 (thirty) days from the entry into possession of the ordered goods, simply by giving notice to “La Rocca”. In accordance with the provisions of article 59, lett. c), d), e) of the Consumer Code, the Consumer Customer cannot exercise the right of withdrawal for: Products made to measure or clearly personalized; Products that are likely to deteriorate or expire rapidly; Sealed products that do not lend themselves to being
returned for hygienic or health protection reasons and have been opened after delivery.
The right of withdrawal can be exercised by submitting any explicit declaration of your decision to withdraw from the contract, via e-mail info@tartufilarocca.it; by ordinary mail to La Rocca di Martelli Mariangelo, with registered office in Roccamandolfi, Via Fontana, 15, 86092 (IS).
12. Exclusion of liability in case of force majeure
Under no circumstances can “La Rocca” be held responsible for the non-fulfilment of any of the obligations deriving from these General Conditions of Sale in the event that the non-fulfillment is caused by unforeseeable circumstances and/or force majeure, including , by way of example only, natural disasters, acts of terrorism, network malfunctions and/or blackouts.
13. Suspension of Service
“La Rocca” reserves the right to temporarily suspend, without any prior communication, the operation of the Site for the time strictly necessary for the necessary and/or appropriate technical interventions to improve the quality of the services offered.
“La Rocca” may, at any time, interrupt access to the service offered on the Site to the User, if there are justified reasons (security or breaches of confidentiality or for improper use of the Site), in which case promptly notifying the User.
14. Legal guarantee
Objects and accessories that may accompany the offers are guaranteed for n. 2 (two) years for any manufacturing or operating defect. Damage due to wear, improper use or incorrect maintenance is excluded from the warranty.
The legal guarantee of conformity protects the Customer in the event of the purchase of defective products, which work poorly or do not respond to the use declared by “La Rocca” or by the manufacturer of the goods or for which the goods are generally intended. The Customer can assert his rights regarding the legal guarantee of conformity by contacting the manufacturer of the goods directly, even if different from “La Rocca”. In the presence of a lack of conformity, the Customer has the right, at his choice, to the repair or replacement of the defective goods, without charge, unless the requested remedy is impossible or excessively expensive compared to the other. If replacement or repair are not possible, the Customer has the right to have the price reduced or to have a sum back, commensurate with the value of the goods, against the return of the defective product to “La Rocca”. The legal guarantee lasts n. 2 (two) years from the delivery of the goods and must be asserted by the Customer within n. 2 (two) months from the discovery of the defect.
15. Jurisdiction
For any civil dispute between “La Rocca” and the Customer depending on the regulatory interpretation and the conditions presented here, the jurisdiction is that of the Court of Isernia.
16. Closing Rules
These General Conditions of Sale are governed by Italian law and in particular by the legislative decree 6 September 2005 n. 206, on the consumer code, with specific reference to the legislation on distance contracts and by the legislative decree 9 April 2003 n. 70 concerning electronic commerce, where applicable.
The General Conditions of Sale may be periodically modified based on market developments, as well as in compliance with any legislative updates and changes. Each update and modification will be regularly published on the Site and “La Rocca” invites the customer to periodically check these updates and modifications.