General terms and condition of use and sale
General terms and condition of use and sale
General terms and condition of use and sale
These general terms and conditions (the “General Terms and Conditions”) regulate the navigation and use of the services offered through the website www.valledelgrano.it (the “Website”), and the online sale of the Products, as defined below, via the same Website, which is the property of EAG s.r.l., an Italian company with registered office in via Vittorio Emanuele III, 109 – 94010 Catenanuova (EN), VAT no. 00632590865 (the “Company”), tel: 0935-950662, e-mail: [email protected].
The Company reserves the right to modify the General Terms and Conditions at any time and any new regulations will be effective from the time when they are published on the Website.
Promotional Voucher: this is the discount voucher that corresponds to a certain percentage discount on the Price of the Products, which will have a value specified from time to time by the Company upon the issuance of the same and its sending to the Customer.
Customer: any user, natural person or company that purchases the Products via the Website.
Consumer Customer: the natural person, of adult age or in any case capable of acting pursuant to the law, who purchases one or more Products by passing an Order through the Website for purposes other than the business, commercial, artisanal or professional activity performed as a consumer (as defined by Italian Legislative Decree no. 206/2005, the so-called “Consumer Code”).
Comments: contributions left by the Users on the Website, which can include written texts and images.
Multi-product Pack: this is a pack containing Products of a size established by Valle del Grano in advance, or based on the Customer’s choice depending on the options offered on the Website (for example, a promotion pack or taste pack).
Contents: the images, recipes and all other kinds of information provided to the Users on the Website of Valle del Grano.
Payment manager: Stripe and Paypal, the portals used by the Website for managing online payments by way of credit card or prepaid card. For more information please stripe.com/it and paypal.com/it.
Valle del Grano: the Valle del Grano brand owned by Consorzio Agrinordest, Consorzio Agrario del Nordest Società Cooperativa, with registered office in Verona, via Francia no. 2, licensed to the Company.
Order or Orders: the orders of Products passed by the Customers using the Website.
Products: this refers, for example, to pasta in the different shapes described in each Product Sheet, as well as the pasta sauces, oils or other products described in the specific sections, and sold by the Company through the website www.valledelgrano.it.
Professional: any Customer, whether a natural person or a company, who purchases the Products through the Website and requests the issuance of an invoice, or who in any case fails to comply with the previous definition of Consumer Customer.
Price: the payment due for each Product indicated in the Website, named in the relative Product Sheet and Order Confirmation, including VAT and shipping fees.
Product Sheet: the section of the Website in which each product is described, together with its ingredients and all other relative information.
Services: the possibility, following the registration on the part of the User, to leave Comments in specific areas of the Website.
Website: this refers to the internet site www.valledelgrano.it.
User: any natural person or company who navigates on the Website and uses or makes use of the Contents and Services offered therein, regardless of whether or not they purchase any Products.
- EFFECTIVENESS OF THE GENERAL TERMS AND CONDITIONS
- The General Terms and Conditions are published on the Website and can be consulted by the User at any time.
- In addition to regulating the navigation of the Website, the General Terms and Conditions also regulate:
- THE SERVICES OFFERED VIA THE WEBSITE;
- THE PURCHASE OF PRODUCTS VIA E-COMMERCE;
- GENERAL PROVISIONS.
- Indeed, the General Terms and Conditions do not regulate the supply of services or the sale of products by parties other than Valle del Grano that may be present on the Website via links, banners or other hyperlinks.
- Users can access – and browse – the Website even without registering and creating their own personal account, and/or placing any Orders. By accessing – and even only browsing – the Website, the User automatically confirms that they have fully read, and are aware of and accept the General Terms and Conditions. Should the User fail to agree fully or partially with the provisions set forth in the General Terms and Conditions, they are requested to refrain from navigating further on the Website.
- The General Terms and Conditions are made available to the users in such a way as to enable them to be memorised (by saving the pdf file) and therefore stored. Valle del Grano recommends that its Users and Customers print a version of the General Terms and Conditions and regularly check the Website to verify the presence of any amendments to the same.
- The processing of the personal data sent via the Website is regulated in line with the Privacy note.
I. SERVICES OFFERED VIA THE WEBSITE
- REGISTRATION ON THE WEBSITE
- To use the Services offered via the Website, the User must register, indicating their first name, surname, email address and choosing the password that will be associated with their account. The User who intends to use the Services offered via the Website must also expressly accept the General Terms and Conditions and authorise the processing of their personal data. The terms and conditions and the privacy note can be accessed via a specific link as indicated in previous articles above.
- Following registration, the User will access the Service through the website “Disqus”. Alternatively, the User can choose an alternative registration procedure, the so-called social login through the Disqus platform, using their Facebook, Twitter or Google+ account. In case of access via social login, before using the Services offered through the Website, the User must read and accept the General Terms and Conditions and the Privacy note. Should the User fail to agree, fully or partially, with the provisions set forth in the General Terms and Conditions in relation to the Services, they are requested to refrain from leaving any Comments and to limit their activity to simply browsing the Website.
- The data provided by the User during the registration process is processed by Valle del Grano in full compliance with the law on privacy (please refer to the privacy note).
- Only Users over the age of 18 years old can register on the Website.
- The data provided by the Users during the registration process must be complete, truthful and promptly updated should they be subject to variation.
- Users who have registered via the Website can, at any time, amend the information present in their profile by visiting the same on the Website. Users who have registered through Disqus – and so using their own social media profiles – can change their data to the extent and in the ways specified by Disqus.
- SUSPENSION OF THE SERVICES
- The Company reserves the right to temporarily suspend or interrupt the provision of the Services, even permanently, at any time and with no need for any prior warning. It is also entitled to remove, also definitively, or modify, any of the Contents or the other information present on the Website, at any time.
- The Company denies all liability with reference to any potential damage caused by the interruption of the Services, which can be attributed to events of force majeure that are impossible to foresee or control, resulting, for example, from black–outs or breakdowns of the Website servers, or the servers of the Company’s third party suppliers.
- The Company reserves the right to suspend and/or interrupt the Services due to the maintenance or updating of its IT systems or those of its third party suppliers, keeping the Users informed accordingly via notices published on the Website or messages sent by email to the registered Users.
- The Company denies all liability for any direct or indirect damage, claims or losses caused to the User due to the failure to function/ defective functioning of the User’s electronic equipment or that of third parties, and any telephone and/or digital connections not managed directly by the same or by its supplier.
- USERS’ COMMENTS
- The User guarantees that the Comments will not violate copyright or any other third party intellectual property rights.
- Any material that may be protected by third party copyright can only be used if the User has acquired the relative rights of use from the copyright owner in advance, and therefore only with the written permission of the bearer of the right and with the duty to mention the source and the fact that permission has been granted. Photographic, audio and/or video material of third parties or that portraying third parties can only be used if and when the User has obtained the permission of the author and the portrayed subject. The User accepts full responsibility for the availability of these rights and permissions, fully exonerating Valle del Grano from all liability.
- The Company denies any liability for any direct or indirect damages, claims or losses caused to the User or to third parties by the transmission, disclosure, exchange or provision of Comments made by Users with the Services. The User therefore undertakes to indemnify and hold the Company harmless from any third party claims and/or demands relative or in any case related to their Comments.
- The User undertakes not to publish, disclose or “post” Comments containing sensitive third party data without the consent of the third parties in question, paedo-pornographic, pornographic, obscene, blasphemous, defamatory, offensive, forms and/or contents and forms and/or contents that are likely to offend public order and decency, promote or induce people to perform illegal activities, or contain viruses or other programs that can damage the functionality of third party IT systems.
- The Company declares that it does not perform any editorial checks on the Comments before their publication.
- The Company, upon receipt of a report from a User to the address [email protected], in any case undertakes to evaluate the compliance of the reported Comments with the criteria of lawfulness, truthfulness, validity, accuracy, transparency and lack of offensiveness, and to remove any Comments that fail to comply with these. In any case, the Company reserves the right, at its sole discretion, to remove any Comments that it may deem unsuitable for publication, transmission, disclosure or provision via the Services.
- The Company, at its sole discretion, holds every right regarding the temporary or permanent publication or removal from the Website of any Comment.
- The User can choose to sign up to the Valle del Grano Newsletter, indicating their email address in the section provided on the Website, subject to them authorising the processing of their personal data (please see the Privacy Note). The User can modify their choice at any time by clicking on the “Unsubscribe” button in the email which contains the newsletter, or by sending an email to the address [email protected].
- DURATION, WITHDRAWAL AND CANCELLATION
- The Services are provided on a permanent basis, without prejudice to the cases of suspension envisaged pursuant to the General Terms and Conditions.
- The Users are informed that, pursuant to Article 59, paragraph 1, letter o) of the Italian Consumer Code, the right to withdrawal is excluded with reference to the supply of digital content, the category which the Services supplied via the Website come under.
- The User is in any case always entitled to request the cancellation of their account and the data provided during registration, by sending an email to the address [email protected], pursuant to the terms of the applicable law in force regarding personal data protection.
- Any Users who may need assistance in relation to the use of the Services can send an email to the address: [email protected].
PURCHASE OF PRODUCTS VIA E-COMMERCE
- INFORMATION REGARDING THE PRODUCTS
- IThe Products are described in each Product Sheet, which contains information regarding the individual Products, their cooking times, nutritional information, list of ingredients and any allergens. This information will also be present, as required by law, on each pack containing the Products, and the Customer can also view it again here, as well as on the relative Product Sheet on the Website, when the ordered Products arrive.
- The Company uses a number of images to describe the Products offered for sale via the Website more effectively. The sole purpose of these images, in tandem with the description contained in each product Sheet, is to help the Customer choose the Products.
- Should, for any unexpected, unforeseeable reason, a Product or Products contained in the Order fail to be available in stock, the Customer will immediately be notified accordingly and, should it prove impossible to proceed with the delivery of the Products, they will be refunded the Price of the Products, if payment has already been made.
- PURCHASE OF THE PRODUCTS AND PAYMENT METHODS
- In order to purchase the Products, Users of the Website must place one minimum order.
- The Products can be purchased by choosing from the various options available on the Website.
- To purchase one or more products on the Website the Customer must add them to the virtual shopping cart and fill in the Order details in digital format, correctly entering their data as required in said Order form and sending them digitally to the Company, following the instructions provided on the website.
- Should the Customer require an invoice to be issued for the Order, they hereby understand that the regulations governing the sale pursuant to the Italian Consumer Code will no longer be applicable and that they will therefore lose their status as Consumer Customer. The Professional must also therefore indicate their tax code and/or VAT number, if applicable, and specify the address to which the invoice must be issued (when this is different from the delivery address).
- The Professional is responsible for entering the invoicing data correctly and is explicitly aware that, should they fail to request the invoice during the ordering procedure, it will not be possible to do so later on.
- In any case, the Customer hereby undertakes responsibility for the truthfulness and accuracy of the personal data entered and issued to the Company when sending the Order. The Parties understand that the Company can in no way be held liable for any damages/delays/problems that may be caused by or attributable to the inaccuracy and/or untruthfulness of the personal data entered during the Ordering phase.
- The Order form, completed by the Customer and viewed immediately before the conclusion of the purchase, contains a summary of the information regarding the Price (including all the applicable taxes or duties) and delivery costs (for the delivery methods, please see point 12 below.)
- At the time of payment, the Customer can enter a code contained in a Promotional Voucher (details in point 11 here below), where this is provided by the Company in the specific sections of the Website, before proceeding to make payment of the Prices of the Products.
- Once the Customer has checked the accuracy of the Order, they can then select a payment method from those offered by the Website, i.e.: credit/debit card authorised for use in making online purchases, PayPal, bank transfer and cash on delivery.
- The Website does not collect the data of the Customer’s credit/debit card as the payment will be managed on the respective platforms by the Payment Manager.
- In case of payments made by credit/debit card or PayPal, the Customer guarantees, under their own responsibility, that they are the bearer of the card or PayPal account used for the payment of the Price or that they have, in any case, been authorised to use the same by the bearer.
- The payments made via the Website are and will remain protected through an advanced system designed to safeguard online data. Payment by credit/debit card must be made on a secure server managed by a specialised third party company, which is duly authorised to perform said service pursuant to the laws in force. The data relative to the credit card are only processed by the Payment Manager. Valle del Grano will therefore have no access to the data regarding the credit cards, but will only manage the Customer’s data.
- No liability can be assigned to the Company for any fraudulent use on the part of third parties of the data relative to the Customer’s credit card: in this event, the Customer must immediately contact the Payment manager and, if necessary, the competent Authorities.
- Payment by bank transfer must be made to the address of the bank coordinates indicated by the Company in the screen that appears when the User is required to make the relative choice within 3 days from the Order date. Otherwise the Order will be automatically cancelled.
- No liability can be assigned to the Company for any fraudulent use on the part of third parties of the data relative to the use of its bank account: in this event, the Customer must immediately contact its bank and, if necessary, the competent Authorities.
- Payment by cash on delivery must be made in line with the instructions to be provided to the User by the Company from time to time via email after they have made the relative choice to proceed in using said payment method.
- The purchasing contract will be considered as having been confirmed at the conclusion of the procedure in with the User sends the Order to the Company.
- Following the conclusion of the payment procedure, the Customer will receive a communication via email confirming that the Order has been accepted and summarising the Price of the selected Products and the delivery times. A copy of the General Terms and Conditions will be attached to the communication.
- PROMOTIONAL VOUCHER
- The Promotional Voucher cannot be purchased and is only offered by the Company during promotional marketing campaigns; it can only be used by the Client to which it is specifically sent and only before the term of validity specified from time to time. Its use can be subject to the expenditure of a minimum amount.
- In order to use the Promotional Voucher, the Price of the Product chosen by the Customer must be equal or superior to the value of the Promotional Voucher. Should the value of the Promotional Voucher fail to be sufficient to cover the Price, the difference can be paid using the standard payment systems available on the Website, as set forth under point 10 above.
- Unless specific arrangements are made by Valle del Grano, the Promotional Voucher cannot be used in tandem with other promotions.
- TRANSPORT AND DELIVERY
- The Products are delivered throughout Italy and Europe by courier.
- Following the procedure set forth in point 10, the Products purchased on the Website will be delivered to the address specified by the User during the purchasing procedure.
- The Products will be delivered to addresses in Italy and abroad within the terms indicated by the Company from time to time depending on the place of shipment of the same in the Order completed by the User.
- CASES OF NON-COMPLIANCE
- If, having received the Products at the indicated address, the Consumer Customer detects the presence of any non-compliances in relation to the Products ordered, they must immediately contact the Customer Service, by sending a communication by registered letter with return receipt of delivery to the address: Pastificio EAG – Via S. Bernardino 2 – 29017 Fiorenzuola D’Arda (PC) or to the e-mail address [email protected].
- In these cases, the situation will be subject to the terms of the Consumer Code and the Customer can choose whether to have the non-compliant Products replaced, to receive an adequate price reduction or, finally, to have the Order cancelled.
- The Customer will lose this entitlement if they fail to notify the Company of the non-compliance within two months from the receipt of the non-compliant Products, or from the time in which the fault came to their knowledge.
- In the case of the Professional, should they identify a non-compliance, the relative provisions of the Italian Civil Code will be applicable (Articles 1453, 1495 and 1497).
- RIGHT TO WITHDRAWAL
- The Customer is entitled to withdraw from the purchasing contract for the Products, even partially in case of orders regarding Products of different shapes, for any reason with no need to provide explanations and without incurring any costs (except the costs of returning the Products to Valle del Grano) provided that they notify their intention to withdraw from the contract within 14 working days from the receipt of the Products by the Customer, by sending a registered letter with return receipt of delivery to:
Pastificio EAG – Via S. Bernardino 2 – 29017 Fiorenzuola D’Arda (PC)
with which the Customer notified their intention to exercise the right to withdrawal, indicating the reference details of the order, which can be found in the confirmation email for the same received following the payment.
- The Customer can also make the above-mentioned communication using the withdrawal form provided on the Website.
- The right to withdrawal applies to the purchased Product as a whole, and therefore, should the Customer intend to exercise the right to withdrawal for several Products purchased in the form of a Taste Pack, it will not be possible to do so for only one or more of the single Products contained therein.
- When the Customer has sent the relative communication, they must return the Product or Products for which they intend to exercise the right to withdrawal, at their own expense, to the address: Pastificio EAG – Via S. Bernardino 2 – 29017 Fiorenzuola D’Arda (PC) within 14 working days from the date on which they communicated their desire to withdraw.
- If and when the right to withdrawal has been exercised correctly, the Company will arrange to refund the Price, using the same payment method as that used by the Customer when purchasing the Product, unless the latter specifies another method by which they wish to obtain the refund.
- The refunded amount will be equal to the Price and the Customer will be liable for the difference in value of the returned goods.
- The Company informs its Customers that the right to withdrawal will not be applicable in this case, in compliance with the terms set forth by Article 59, letters d) and e) of Italian Legislative Decree no. 206/2005, “Consumer Code”, with reference to:
- the supply of sealed products which cannot be returned for reasons due to hygiene or related to the protection of health or which were opened after delivery;
- products that risk rapid deterioration.
- LIABILITY WAIVER
- The Company denies all liability with reference to any direct or indirect damage, claims or losses caused to the Customer by the inappropriate storage of the Products following delivery.
- For each Product, the Company indicates the ingredients used and declares any allergens that may be present in the same. The Company therefore denies all liability with reference to any direct or indirect damage, claims or losses caused to the Customer as the result of allergic reactions or due to other matters regarding the ingredients contained in the Products, as these are duly indicated in the Product Sheets.
- CUSTOMER SUPPORT
- Any Customers who may need assistance in relation to the use, navigation or the Orders passed via the Website can send an email to the address: [email protected].
III. GENERAL PROVISIONS
- CANCELLATION OF PROFILE
- Pursuant to the provisions set forth by the law in force regarding the protection of personal data, the User always has the right to proceed in cancelling their account and the personal data provided during the registration phase, by sending an email to the address [email protected].
- SUSPENSION OF THE SERVICES
- The Company reserves the right to temporarily suspend or interrupt the sale of the Products or even only the provision of the Services at any time and with no advance warning.
- LIABILITY WAIVER
- In any case, the Company will accept no liability for the failure to deliver or delayed delivery of the Order due to circumstances beyond its control, or causes of force majeure, including for example, sabotage, fires, floods, earthquakes, strikes, the faulty functioning of the Website due to the incorrect functioning of the telephone and/or electric wires and of world and/or national networks, such as , for example, breakdowns, overloads, interruptions.
- The Company denies all liability with reference to potential damage caused by the suspension of the sale of the Products and/or the interruption of the Services, which can be attributed to events of force majeure that are impossible to foresee or control, resulting, for example, from black–outs or breakdowns of the Website servers, or the servers of the Company’s third party suppliers.
- The Company reserves the right to suspend and/or interrupt the sale of the Products and the provision of the Services due to maintenance or updating of its IT systems or those of its third party suppliers, keeping the Users informed accordingly via notices published on the Website or messages sent by email to the registered Users.
- The Company denies all liability for any direct or indirect damage, claims or losses caused to the User for the failure to function/ defective functioning of the User’s electronic equipment or that of third parties, and any telephone and/or digital connections.
- The Website can include links to other websites managed by third parties, including adverts and other providers of contents. These websites can collect data and/or request personal information on the part of the User. The Company does not, and is not obliged to, exercise any form of control over, and therefore denies all liability for, any direct or indirect damage, claims or losses of any form caused to the User by the vision, use and/or the functioning of third party websites or services of third parties reached via these links.
- The User is responsible for maintaining the secrecy of the chosen password assigned to them in relation to their account during the registration phase, together with a username. The User undertakes to indemnify and hold the Company harmless from any third party claims and/or demands deriving from the access and navigation of the Website and/or the purchasing of the Products by third parties making inappropriate and unlawful use of the User’s password.
- INTELLECTUAL PROPERTY
- The Company is the licence-holder of the Valle del Grano brand and owner of the Website, and it is the owner of all the information contained therein.
- All the information and contents, including, for example, the images, photos, logos, diagrams and any other material published on the Website by the Company, are protected by copyright.
- It is explicitly forbidden for any reason or purpose, to use, reproduce, distribute, publish, send, amend fully or partially or sell the information, images, photographs, brands and all other materials and elements made available through the Website and which are and remain the property of the Company or of the various third parties who own the same.
- The User is authorised to download or copy the information, images, photographs and in general the material present on the Website for a strictly personal, and not commercial use.
- APPLICABLE LAW AND COMPETENT COURT
- The General Terms and Conditions are regulated by Italian law, except in cases where mandatory consumer laws must unquestionably be applied as the Consumer Customers are citizens or residents of a foreign country, the place in which the Products are purchased.
- In case the User is a Consumer, for any disputes deriving from these General Terms and Conditions, reference will be made to the provisions set forth by Italian Legislative Decree no. 206/2005 and by effect of the same, the court of the place indicated as the User’s residence or address for service will have sole jurisdiction for such matters.
- In case the user cannot be deemed a Consumer, the Court of Enna will have sole jurisdiction.
- For the out-of-court settlement of disputes raised in relation to the contracts with which the Consumer Users regulated by the provisions of Sections I to IV of Chapter I of Title III of Part III of the Italian Consumer Code and inherent to the Terms and Conditions of Sale, the Customer can resort to mediation procedures, as envisaged by Italian Legislative Decree no. 28/2010, or to ADR bodies through the online ODR dispute settlement platform, established and managed by the European Commission and accessible via the following link: http://ec.europa.eu/consumers/odr/. For any further information that may be required regarding the methods of use of the ODR platform, the User can contact the Company at the following email address: [email protected].
- FINAL PROVISIONS
- The General Terms and Conditions have been drafted in Italian (IT). In case of conflict between any of the translated versions of the General Terms and Conditions and the version in the Italian language, the latter will prevail.
- AMENDMENT OF THE GENERAL TERMS AND CONDITIONS
- The Company reserves the right to amend at any time the General terms and Conditions and the terms and characteristics of the sale of the Products, by posting general notices on the Website or by sending emails to the registered Users.
- The amendments made to the General Terms and Conditions published in this way will be immediately effective.
- These General Terms and Conditions came into effect on 26 June 2017. The previous versions of the same can be consulted at the following link: valledelgrano.it/en/condizioni-generali-utilizzo-e-vendita/past/.
- ACCEPTANCE OF THE UNCONSCIONABLE CLAUSES
- Pursuant to Article 1341 of the Italian Civil Code, the Professional (any User who is not a consumer) declares that they have read and that they specifically accept the following articles present in the General Terms and Conditions: 4 (Suspension of the services); 19 (Exclusion from liability); 20 (Links); 21 (Waiver); 22.3 (Competent court).