Terms and conditions of use
Art. 1. Premise
La Bottega del Buongusto di Novelli Manuel - with registered office in Novellara (RE), Via Cristoforo Colombo 113/1, VAT Number 02529890358 - sells food products in accordance with the applicable laws and regulations. Without prejudice to the special conditions offered to the user in accordance with Art. 7 and/or any subsequent regulatory provisions, these General Terms and Conditions - hereinafter referred to as "conditions" - must be understood as prevailing over any other agreement, covenant and/or convention occurred in any capacity between La Bottega del Buongusto di Novelli Manuel and the user, barring, in any case, the express acceptance by La Bottega del Buongusto Novelli Manuel. In the event of any discrepancy between the proposal made by the user and these general conditions, the latter shall prevail.
Art. 2. Terms and definitions
For the purposes of these General Conditions and Addenda, the following definitions shall apply:
- User area: section of the website reserved for users;
- Consumer: an individual who purchases goods for purposes not related to his professional activity, or makes a purchase without indicating a VAT number in the order form submitted to La Bottega del Buongusto di Novelli Manuel.
- Products: any product offered on the website;
- Service: offer and sale of products on the website in accordance with the terms and modes set out in these conditions;
- Website: the website at www.labottegadelbuongusto.com;
- User: the legal person or individual using the service following registration;
- Registration: filling out the form in the "registered" directory (composed of several sections: "personal profile"; "areas of interest"; "Internet purchases") followed by the assignment by La Bottega del Buongusto di Novelli Manuel of a "user code" and "username";
- Proposal: filling out the form "Proposed purchase" containing the information concerning the conditions of sale;
- Distributor: any legal person or individual having the availability of the product or products.
Art. 3. Object of the contract
This Purchase Agreement, hereinafter referred to as "contract", shall be considered completed between the user and La Bottega del Buongusto di Novelli Manuel, hereinafter referred to as "the Parties" or "the Party".
Art. 4. Product availability
La Bottega del Buongusto di Novelli Manuel undertakes to include in the website only products that are actually available and/or indicate the non-availability of a product in the event that it is not immediately available in stock or if the manufacturer is not able to guarantee delivery in the agreed timeframe. The user can purchase only the products currently on the website. In any case, the proposal shall be subject to acceptance by La Bottega del Buongusto di Novelli Manuel as specified in art. 5.
For products not currently available, the user can indicate his interest by e-mail. La Bottega del Buongusto di Novelli Manuel undertakes to provide the information requested within one day of receipt of the request.
Art. 5. Order acceptance/Completion of the contract
The Contract shall be processed in the following stages:
1. If the user sends La Bottega del Buongusto di Novelli Manuel a purchase order for the product or products selected, such acceptance shall constitute legal consent to receive subsequent communications from La Bottega del Buongusto di Novelli Manuel, described below, aimed exclusively at the completion and execution of the contract.
2. La Bottega del Buongusto di Novelli Manuel shall notify the user of the receipt of the order, with the assignment of a "Number" to be used in any further communication with La Bottega del Buongusto di Novelli Manuel.
3. The user shall have 24 hours from the submission of the Proposal to inform La Bottega del Buongusto di Novelli Manuel of any desire to cancel the order. In any case, La Bottega del Buongusto di Novelli Manuel shall check the actual availability of the product or products at the warehouse of the Distributor and/or any change in the price of the product and/or shall evaluate any other information which would lead to a revision of the Proposal. In these cases, La Bottega del Buongusto di Novelli Manuel shall notify the user of the new offer.
4. If the order is accepted by La Bottega del Buongusto di Novelli Manuel, the same shall send an e-mail confirming the completion of the contract. Otherwise, in the case of a new proposal by La Bottega del Buongusto di Novelli Manuel, the contract shall be considered completed when the user communicates its acceptance.
5. At the time of completion of the contract, the user must pay using one of the several methods listed in Art. 8. The amount to be paid includes the price of the products ordered and the possible cost of delivery.
6. At the time of payment, La Bottega del Buongusto di Novelli Manuel shall then deliver the product or products in the manner and at the terms set out in Article. 9, together with the proper documentation for tax purposes. In this regard, please note that in order to obtain an invoice, it is essential to request it specifically in the order and to take care to include the Tax ID code with the order. The invoice shall be issued at the time of shipment of the goods and shall be sent with them.
7. When ordering, please include a telephone number to contact the user, should it be needed.
Art. 6 Prices
The prices of the products listed in the various sections of this website are inclusive of VAT.
The prices specified are subject to change. In any case, the prices applied to every sale shall be those listed on the website at the time of the order.
Art. 7 Sales promotions
La Bottega del Buongusto di Novelli Manuel shall set the terms of each initiative of a promotional nature, by way of example, but not limited to: discounts, reward points, prizes.
Art. 8 Terms of payment
The price of the product or products shall be paid by the user by choosing one of the following options:
1. Credit card. The user may use the service offered to La Bottega del Buongusto di Novelli Manuel by the PayPal Banking Institution: following the instructions on the website, the user shall connect to PayPal's secure website that guarantees the data's confidentiality and the security and efficiency of the transaction. The user shall enter the credit card details directly on the SSL server, created and guaranteed by PayPal and managed directly by the PayPal Banking Institution. The user shall then accept the general terms and conditions set by the PayPal Banking Institution to access the service. The online payment may be made with most major credit cards (Visa, MasterCard, American Express, etc.). or by prepaid or reloadable cards. La Bottega del Buongusto di Novelli Manuel is not responsible for any damages caused to the user through the use of the service offered by the PayPal Banking Institution.
2. Bank transfer. The user must make the transfer using the following bank account details:
HOLDER: La Bottega del Buongusto di Novelli Manuel
Bank: Banca Monte Paschi Di Siena, Novellara branch
The user must indicate on the bank transfer order the number of the purchase order to which it relates. Once the transfer is executed, the user must send La Bottega del Buongusto di Novelli Manuel a copy of the transfer order with the CRO number issued by the Bank. This communication is essential to the delivery by La Bottega del Buongusto di Novelli Manuel of the product or products requested.
3. Cash on delivery. To make the payment with COD (cash only upon receipt of product/s) the user shall have to pay in cash at the time of delivery. We do not accept checks or other forms of payment. The COD mode of payment shall result in an increase in the price of euro 8.00 excluding VAT, due to the cost incurred by La Bottega del Buongusto di Novelli Manuel for a double dispatch (Distributor > La Bottega del Buongusto di Novelli Manuel > user). Payment by COD is authorised by La Bottega del Buongusto di Novelli Manuel exclusively for shipments in Italy and up to a maximum amount of Euro 250. In the case of a greater amount, the user must contact directly La Bottega del Buongusto di Novelli Manuel.
Art. 9 Delivery
8.1. The user must indicate in the Proposal one of the following delivery methods:
1. Collection at the administrative office of La Bottega del Buongusto di Novelli Manuel in Novellara, Via Cristoforo Colombo 113/1. La Bottega del Buongusto di Novelli Manuel shall notify the user of the availability of the product or products at its office, indicating a time and date for the collection.
2. Delivery by courier The goods shall be delivered to the address that the user will indicate in the Proposal. La Bottega del Buongusto di Novelli Manuel shall undertake to send via the courier of his choice the product or products specified by the user in the Proposal anywhere in the national territory. The shipping charges are borne by the user and shall be equal to the amount specified in the Proposal. Delivery times will vary from 24 to 72 hours depending on the destination. In any case, should the goods be perishable, the courier shall notify the user of the time and mode of delivery. Orders shall be shipped to Italy and Europe from Monday to Thursday, to avoid layovers in the courier's warehouse. For the rest of world, orders are dispatched Monday to Wednesday.
8.2. Upon receipt of the goods, the user must check the external appearance of the package. In case of deformations or obvious damage to the package, the user must refuse delivery and immediately notify the refusal to La Bottega del Buongusto di Novelli Manuel, who shall, as soon as possible, replace the product or products.
8.3. The delivery times specified by La Bottega del Buongusto di Novelli Manuel are only indicative, without any commitment or guarantee of their observance by La Bottega del Buongusto di Novelli Manuel.
8.4 Because of restrictions on imports of food and wine applied by some countries, La Bottega del Buongusto di Novelli Manuel does not ship to the USA, Central America, South America, Canada, Mexico and the Caribbean.
Art. 10 Right of withdrawal from the contract in the case where the user is a consumer
9.1. The user-consumer shall be entitled to an unconditional withdrawal from the contract within 10 working days from the date of receipt of the product or products.
9.2. In case of withdrawal, La Bottega del Buongusto di Novelli Manuel shall communicate to the customer as soon as possible the instructions on how to return the goods which must take place within the subsequent 24-72 hours from receipt of the notification.
9.3. The right of withdrawal cannot be exercised for a product that is incomplete and/or not in its original packaging.
9.4. La Bottega del Buongusto di Novelli Manuel shall refund the full amount paid by the user within a maximum period of 15 days from the date of dispatch of the product or products to La Bottega del Buongusto di Novelli Manuel. It shall be the responsibility of the user to promptly provide the bank details on which to obtain the transfer (IBAN code - Current account of the addressee of the invoice).
9.5. For any communication regarding complaints, use the following e-mail address: firstname.lastname@example.org
Art. 11. Warranties
10.1 All products sold by La Bottega del Buongusto di Novelli Manuel are accompanied by the manufacturer's official warranty. To be able to take advantage of it, the user must retain the invoice or delivery note that shall be attached to the product. In any case, La Bottega del Buongusto di Novelli Manuel guarantees that the delivery shall contain goods identical to those listed on the website and that it shall apply all the appropriate measures to preserve the goods until the moment of delivery to the address specified in the order. It is understood that the pictures posted on the website may not reproduce exactly the appearance of the product delivered in the event of a change in the packaging by the manufacturer. It should also be noted that in case the user purchases products with variable weight (eg. Parmigiano Reggiano and cold cuts), there may be a discrepancy between the quantity ordered and that actually delivered, given that the actual weight is determined at the time of preparation of the product and may, therefore, increase or decrease by about 8%.
Art. 12 Waiver
This contract excludes any right of the user to damages or compensation, or any liability included or not in the contract for direct or indirect damages to persons and/or property caused by the product or products object of the contract except as provided in Art. 1229 of the Civil Code.
Art. 13 Force majeure
La Bottega del Buongusto di Novelli Manuel shall be freed from the obligation of fulfilment and execution of this contract due to force majeure, temporary or permanent, such as (by way of example and not exhaustive) strikes, stoppages or accidents, fires and any other cause occurred outside the control of and not attributable to La Bottega del Buongusto di Novelli Manuel, even if pre-existing, which prevents or aggravates the total or partial execution of this contract.
Art. 14 Best efforts
The parties agree to execute this agreement in good faith and to fulfil or ensure the fulfilment in good faith of the obligations set out herein, and to prepare and deliver any document or instrument or to perform any action that is reasonably necessary for the purposes of this Agreement, even if such instruments and such actions do not correspond to specific obligations imposed by the current agreement.
Art. 15 Binding nature
This agreement shall be binding for the parties and their respective legal representatives, successors and possible assignees.
Art. 16 Non-waiver
15.1. The waiving of a right ensuing from this contract may be made only in writing and signed by the party towards whom the waiver shall be effective.
15.2. The failure to exercise, or the waiving, or the partial and isolated exercise of any right arising from this contract shall not be considered in any way as acquiescence nor may it affect in any way the exercise of such right or any other right arising from this contract, or the right to demand the fulfilment of the obligations on the part of the other party, it being understood, unless otherwise provided in this contract, the rights and remedies arising from this contract are cumulative and not exclusive of each other.
Art. 17 Communications
All the necessary communications, authorisations, questions and requests allowed or imposed against a party in compliance with the provisions of this agreement shall be conducted by mail, by registered letter with advice of delivery or by fax or by e-mail, respectively to the addresses and/or numbers specified by the user in the proposal and to La Bottega del Buongusto di Novelli Manuel at the following addresses and numbers: Via Cristoforo Colombo, 113/1; tel +393202840778; e-mail email@example.com; or any other address or number that La Bottega del Buongusto di Novelli Manuel may give to the user.
Art. 18 Privacy
17.1. Pursuant to Legislative Decree 196/2003 stating the provisions for the protection of persons and other entities regarding the processing of personal data, the data provided by the user may be processed, directly or through third parties, as well as to comply with the obligations provided by law, by regulations or by EU legislation and in particular to give full effect to all contractual obligations.
17.2. The processing of the personal data of the user will take place using hardcopy or electronic and/or telematic means also by third parties when knowledge of your personal data is necessary or somehow functional to carrying out the activities of our company; in any case the processing will be carried out in such a way as to ensure the security and confidentiality of your personal data.
17.3. The Holder of the processing of the personal data is La Bottega del Buongusto of Novelli Manuel.
17.4. In regard to the processing of his personal data, the user may exercise the rights provided by law, in particular those enshrined in art. 7 of Legislative Decree 196/2003.
Art. 19. Applicable law
This contract is governed by Italian law and interpreted in accordance with its terms.
Art. 20 Court of jurisdiction
19.1. In the case of a user-Consumer, for any disputes arising from this contract, including those relating to its validity, interpretation, execution and termination, the overriding territorial jurisdiction is of the judge of the place of residence or domicile of the consumer, if located in the territory of State.
19.2. In cases not covered by the preceding paragraph, all disputes arising out of this contract, including those relating to its validity, interpretation, execution and termination, shall be the exclusive competence of the court of Mantua for any possible warranties, damages, or generally relating to payments. The user, with the registration, specifically approves the following clauses: art. 11 Warranties; art. 12 Waiver; art.13 Force majeure, art. 19 Applicable law, art. 20 Court of jurisdiction