Premise

This information is provided for the site “www.fumagallipasticceria.com” owned by Moderno SRL, with headquarters in Piazza Attilio Lomabrdi, 23 - 20833 Giussano (MB) with VAT number and tax code no. 08827090963.

Art. 1. Scope of application

1.1 Any sale on the Site constitutes a distance contract governed by Chapter I, Title III (articles 45 et seq.) of Legislative Decree 6 September 2005, n. 206 (Consumer Code) and by Legislative Decree 9 April 2003, n. 70, containing the rules of electronic commerce.

1.2 The General Conditions of Sale apply to all sales made by the Seller on the Site. The charge of the Total Sum Due will only be made at the time of transmission of the order.

1.3 The General Conditions of Sale may be modified at any time. Any changes and / or new conditions will be effective from the moment of their publication on the Site. You are therefore invited to regularly access the Site and to consult, before making any purchase, the most up-to-date version of the General Conditions of Sale.

1.4 The applicable General Conditions of Sale are those in force on the date the purchase order is sent.

1.5 These General Conditions of Sale do not regulate the sale of products and/or services by parties other than the Seller who may be present on the Site via links, banners or other hypertext connections. Before carrying out commercial transactions with these subjects, it is necessary to check their conditions of sale. The Seller is not responsible for the provision of services and / or for the sale of products by such subjects. On the websites accessible through these links, the Seller does not carry out any checks and / or monitoring. The Seller is therefore not responsible for the contents of these sites or for any errors and / or omissions and / or violations of the law by them.

1.6 You are required to carefully read these General Conditions of Sale as well as all other information that the Seller provides on the Site.

1.7 Sending the purchase order constitutes acceptance of these General Conditions of Sale.

Art. 2. Purchases on the Site

2.1 Purchasing on the Site is permitted both to users who are consumers and to users who are professionals. Pursuant to art. 3, I comma, lett. Once the credit order has been arranged in favour of the said account, the Seller shall not be deemed liable for any delays or omissions in the crediting of the refund to the User. 3, comma I, lett. Any type of refund to be made pursuant to these General Terms and Conditions of Sale will be made to the user's PayPal account.

2.2 In the event of orders, from whomever they may come, which appear to be anomalous in relation to the quantity and/or frequency of purchases, the Seller reserves the right to take all necessary actions to put an end to the irregularities.

2.3 The Seller reserves the right to refuse or cancel orders that come from:

• by a user with whom the Seller has an ongoing legal dispute
• by a user who has previously violated the General Conditions of Sale
• by a user who has been involved in crimes
• by a user who has released false, incomplete or in any case inaccurate identification data or who has not promptly sent to the Seller the documents requested by the same or who has sent invalid documents.

2.4 Before purchasing any Food Product offered for sale on the Site, you are requested to inform the Seller if you suffer from any type of food allergy, intolerance or intolerance. If you do not make this communication, the Seller is in no way responsible for any type of damage that you may suffer from the purchase of Food Products on the Site.

Art. 3. Registration on the Site

3.1 To register on the Site you must fill out the appropriate form, entering the following data:

• email
• password.

3.2 You undertake to inform the Seller immediately if you suspect or become aware of any improper use or disclosure of your access credentials to the Site.

3.3 The user registered on the Site guarantees that the personal information provided by him/her is complete and truthful and undertakes to hold the Seller harmless and indemnified from any damage, compensation obligation and/or sanction deriving from and/or in any way connected to the violation by the user of the rules on registration on the Site or on the conservation of registration credentials and/or from the provision of false, incomplete or otherwise inaccurate personal data, without prejudice to the Seller's right to proceed with the disabling of the user's account.

Art. 4. Information aimed at concluding the contract

4.1 In compliance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, the Seller informs you that:

• to conclude a purchase contract on the Site, you must fill out an order form in electronic format and send it to the Seller, electronically, following the instructions that will appear on the Site from time to time
• the contract is concluded when the order form reaches the Seller's server
• once the order form has been received, the Seller will send you the order confirmation to the e-mail address indicated, containing:
  • information relating to the characteristics of the purchase
  • the indication of the price.

Art. 5. Product Availability

5.1 The Products offered on the Site are in limited numbers. It may therefore happen, also due to the possibility that several users purchase the same Product at the same time, that the ordered Product is no longer available after the transmission of the purchase order.

5.2 The Site contains information regarding the availability of each Product.

5.3 You will be informed in case of unavailability of the ordered Product. a in case of a single Product order, from the day the user or a third party other than the carrier and designated by the user comes into material possession of the Product; 61, IV and V paragraphs, of the Consumer Code.

5.4 Alternatively, you may accept:

• if a restocking is possible, an extension of the delivery terms, offered by the Seller, with indication of the new delivery deadline
• c. in case of an order related to the delivery of a Product of different batches or multiple pieces, from the day when you or a third person, different from the carrier and elected by you, acquires the physical possession of the last batch or the last piece.

5.5 If a refund is requested for the amount paid for the purchase of Products which subsequently prove unavailable, the Seller will make the refund within a maximum of 15 days.

5.6 In the event that you exercise the right of termination pursuant to art. 61, paragraphs IV and V, Consumer Code, the contract is terminated; in the event that the payment of the total amount due, consisting of the price of the Product, shipping costs, if applied, and any other additional costs, as resulting from the order (Total Amount Due) has already occurred, the Seller will refund the Total Amount Due in accordance with the provisions of the article “Payment Methods”.

Art. 6. Information Sheet

6.1 Each product is accompanied by an information page that illustrates its main characteristics (Information Sheet). The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. The colors of the Products, however, may differ from the real ones due to the settings of the computer systems or computers used by you for their display. Furthermore, the images of the Product in the Information Sheet may differ in size or in relation to any accessory products. The Consumer shall obtain lasting means of storage for the communication related to the excercise of the Right of withdrawal, since the burden of proof concerning the exercise of this right before the expiry of the Withdrawal Period falls on the user.

Art. 7. Prices

7.1 All Product prices published on the Site are inclusive of Value Added Tax.

7.2 The Seller reserves the right to change the price of the Products at any time, without notice, it being understood that the price charged to you will be the one indicated on the Site at the time the order is placed and that no account will be taken of any variations (increases or decreases) subsequent to the transmission of the same.

7.3 Shipping costs, if any, are expressly and separately indicated in the order form, before the user proceeds with the transmission of the same.

Art. 8. Purchase orders

8.1 The Seller will ship the Products only after receiving confirmation of payment authorization or crediting of the Total Amount Due. The ownership of the Products will be transferred to you at the time of shipment, to be understood as the moment of delivery of the Product to the carrier. The risk of loss or damage to the Products, for reasons not attributable to the Seller, on the other hand, will be transferred to you when you, or a third party designated by you and other than the carrier, materially comes into possession of the Products.

In any case the Product must be kept, handled and inspected with the normal diligence and returned intact, complete in all his parts, fully functional, must include also all the accessories and the illustrative leaflets, the labels and the seal, if present, attached to the Product and intact and not tampered, and perfectly suitable for the use to which it is intended and free of signs of wear or dirt. The withdrawal is applied to the Product in its entirety.

8.2 The purchase agreement is strictly conditional upon non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will consequently be canceled.

8.3 In order to send a purchase order, it is necessary to read and approve these General Conditions of Sale by selecting the appropriate box on the pages of the purchase procedure. The Company will notify you within 5 days of receipt of the Product of the circumstance and the consequent reduced refund amount.

Art. 9. Payment Methods

9.1 The following payment methods are accepted on the Site:

• Payment cards
• PayPal
• Apple Pay e Google Pay

9.2 The Seller accepts credit cards from the following circuits:

• VISA
• MasterCard (Cirrus Maestro)
• American Express

They are, in any case, indicated in the footer of each page of the Site.

The charge will be made only after (i) the details of your payment card used for payment have been verified and (ii) the company issuing the payment card you used has issued the authorization to charge.

The confidential data of the payment card (card number, holder, expiration date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by the Seller. The Seller therefore never has access to and does not store, even if you choose to store such data on the Site, the details of your payment card used to pay for the Products.

The charge will be made at the time of order transmission.

Art. 10. Delivery of Products

10.1 Deliveries of the purchased Products are made:

in specific countries:

• Italy
• Austria
• Belgium
• France
• Germany
• Ireland
• Luxembourg
• Netherlands
• Spain

The delivery obligation is fulfilled by transferring to you the material availability or in any case the control of the Product.

10.2 Shipping costs are indicated from time to time on the Site and/or in the Product Sheet.

10.3 Starting from the date of sending the order, the Products will be delivered within 30 days and, in any case, within thirty days from the date of conclusion of the contract.

10.4 It is up to you to check the condition of the delivered Product. Without prejudice to the fact that the risk of loss or damage to the Product, for reasons not attributable to the Seller, is transferred when you, or a third party designated by you and other than the carrier, materially comes into possession of the Product, the Seller recommends that you verify the number of Products received and that the packaging is intact, not damaged, nor wet or otherwise altered, even in the closing materials and we invite you, in your interest, to indicate any anomalies on the transport document of the carrier, accepting the package with reserve . In the event that the package shows evident signs of tampering or alteration, it is advisable to promptly notify the Seller. The Seller must be informed of the non-conformity, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.

Art. 11. Right of withdrawal

11.1 In the event of a purchase on the Site, unless otherwise indicated, you do not enjoy the right of withdrawal provided for by art. 52 of the Consumer Code with reference to the Product or Products indicated in this article. In fact, on the Site are: sold goods that risk deteriorating or expiring rapidly, sold sealed goods that are not suitable for return for hygienic reasons or related to health protection.

Art. 12. Legal Guarantee

All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by Articles. 128-135 of the Consumer Code (Legal Guarantee).

Who it applies to

The Legal Guarantee is reserved for consumers. Therefore, it applies only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.

When it applies

The Seller is liable to the consumer for any lack of conformity of the Product which occurs within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.

Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. Starting from the seventh month following the delivery of the Product, it will instead be the responsibility of the consumer to prove that the lack of conformity already existed at the time of delivery of the same.

In order to take advantage of the Legal Guarantee, the consumer must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the consumer, for the purposes of this proof, to keep the purchase invoice or any other document that can certify the date of the purchase (for example the statement of the payment card) and the date delivery.

In case of termination of the contract, the Seller will return the total amount paid to the consumer, consisting of the purchase price of the Product, the shipping costs and any other additional cost. In the event of a price reduction, the Seller will refund the amount of the reduction, previously agreed with the consumer. The amount of the refund or reduction will be credited to the means or payment solution used by the consumer for the purchase.

The Seller is not liable in the event of damage, of any nature whatsoever, deriving from the use of the Product improperly and / or not in accordance with the instructions provided by the manufacturer as well as in the event of damage deriving from unforeseeable circumstances or force majeure.

a) of the Consumer Code that a European platform for online resolution of consumer disputes was established (ODR Platform). The consumer can browse ODR Platform at the following link:[_0127_5_0_] [_0127_5_5_][_0127_5_7_][_0127-3-3_]/[_0127_5_3_]; through ODR Platform the consumer can see the list of ADR Organizations, find the link redirecting to each one website and start an on-line procedure for the solution of the disputes in which he is involved. [_0127_5_1_]14.5[_0127_5_0_] [_0127_5_5_][_0127_5_4_]Whatever it is the outcome of the out-of-court settlement procedure of disputes relating to consumption relationships through recourse to the procedures set out in Part V, Title II-bis of the Consumer Code, in any case the consumer has always the right to bring legal action before the competent Court.

Art. 13. Applicable law and competent court; out-of-court settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution

13.1 Purchase contracts concluded through the Site are governed by Italian law. Customer Care and Complaints

13.2 Please note that in the case of a consumer user, any dispute relating to the application, execution and interpretation of this document shall be subject to the jurisdiction of the court of the place where the user resides or has elected domicile. by email, writing to: forniture@terreostili.it .

13.3 Pursuant to art. 141-sexies, paragraph 3 of the Consumer Code, the Seller informs the user who holds the status of consumer pursuant to art. 3, comma 1, lett. powered by[_0127_5_0_] [_0127_5_5_][_0127_5_9_]legalblink[_0127_5_3_] [_0127_5_1_]14.5[_0127_5_0_] [_0127_5_5_] [_0127_5_4_]In any case, the right of the consumer user to bring the dispute arising from these General Conditions of Sale before the competent ordinary judge, whatever the outcome of the procedure for the out-of-court settlement of disputes relating to consumer relationships by recourse to the procedures set out in Part V, Title II-bis Consumer Code. [_0127_5_1_]14.6[_0127_5_0_] [_0127_5_5_][_0127_5_4_] The user who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, to the European procedure established for small claims, by Council Regulation (EC) No 861/2007, of July 11, 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00.

13.4 The Seller also informs the user that he/she has the qualification of consumer pursuant to art. Customer service and complaints The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform the consumer user will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online dispute resolution procedure in which he is involved.

13.5 In any case, the consumer user's right to bring the dispute arising from these General Conditions of Sale before the competent ordinary court remains intact, regardless of the outcome of the out-of-court settlement procedure for disputes relating to consumer relationships by resorting to the procedures set out in Part V, Title II-bis of the Consumer Code.

13.6 The user who resides in a member state of the European Union other than Italy, may also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for small claims disputes, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the regulation is available on the website www.eur-lex.europa.eu.

Art. 14. Customer service and complaints

It is possible to request information, send communications, request assistance or submit complaints by contacting the Seller in the following ways:

• by filling out and sending the form available in the "Contacts" section
• by phone, at the following number: Specified in "Contacts"

The Seller will respond to complaints submitted within 7 days of receiving them.

Art. 15. Miscellaneous

• 15.1 Delivery costs are free for orders equal to or greater than Euro 99.00 for the following countries: Italy (excluding Calabria, Sardinia, Sicily, Venice and the Minor Islands)
• 15.2 The delivery date of the Product is estimated during the purchase process, the Seller will do everything possible to respect the date estimated by the Site which however remains indicative.
• 15.3 Exclusively for corporate/business orders exceeding 50 units, you can contact the Seller at the email address info@fumagallipasticceria.com. In this case, the Seller reserves the right to accept the purchase order and to agree with the customer the delivery methods of the Product.
• 15.4 You can contact the Seller by telephone at the numbers indicated for each point of sale in the "Contacts" section.