Terms and conditions of sale

Terms of sale
(pursuant to Chapter I, title 3, part 3, of Legislative Decree 206/2005 and subsequent amendments and additions)
1. Introduction and effectiveness of the General Conditions 
These general conditions of sale (hereinafter, "General Conditions") have as their object the regulation of the purchase of products and services, carried out remotely and made available, via the internet, from the website www.scaldaferro.it (hereinafter , the "Site") in compliance with the Italian legislation referred to in Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, the "Consumer Code").
The seller of the products and owner of the Site is: Torronificio Scaldaferro srl, via cà tron 31 30031 Dolo Venice (Italy) VAT number: 04047660271 certified mail: [email protected]
The consumer who accesses the Site to make purchases (hereinafter "Customer") is required, before sending the order, to carefully read these General Conditions that have been made available to him on the Site and which will be available at any time. by the Customer also through the link contained in the confirmation email of each order to allow it to be reproduced and stored.
In the event that the person making purchases on the Site requests an invoice and / or is not a "consumer or user" as defined in art. 3, paragraph 1, lett. a), of the Consumer Code, the withdrawal regulations pursuant to art. 7 and 8 of these General Conditions nor, more generally, the provisions that pursuant to the same Consumer Code apply only to "consumers".
Contracts concluded with Scaldaferro.it through the Site are governed by these General Conditions in compliance with Italian law. The language available to conclude the contract is Italian.

2. Choose and order the Products 
The characteristics and the price of the various products for sale on the Site (hereinafter "Product" or "Products") are shown on the page relating to each Product.
To purchase the Products, the Customer must complete and submit the order form in electronic format, following the instructions contained on the Site. The Customer must add the Product to the "Cart" and, after having read the General Conditions and the of Privacy and confirmed their acceptance, must enter the shipping and billing data, select the desired payment method and confirm the order.
By sending the order from the Site, which has the value of a contractual proposal, the Customer acknowledges and declares to have read all the information provided to him during the purchase procedure and to fully accept these transcribed General and Payment Conditions.
The contract stipulated between Scaldaferro.it and the Customer must be considered concluded with the acceptance of the order by Scaldaferro.it
This acceptance is communicated to the Customer through an order confirmation email containing a reference to these General Conditions, the order number, the shipping and billing data, the list of Products ordered with their essential characteristics and the total price, including delivery costs.
Upon receipt of the order, Scaldaferro.it reserves the right to check the actual availability of the products ordered, if only a few Products are not in stock, Scaldaferro.it will process the order with the Products available upon notification to the customer.
3. Product Information 
The information and characteristics relating to the Products are available, with the relative Product codes, on the Site.
The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description sheet. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be fully representative of its characteristics and quality but may differ in color and size. In the event of a difference between the image and the written product sheet, the description of the product sheet always prevails.

4. Prices and shipping 
Product prices are inclusive of all taxes and duties. All prices are expressed in Euros.
5. Methods of payment and invoicing 
• Payment:
- advance bank transfer to IBAN IT03O0845236180070000066942 Banca Annia in the name of TORRONIFICIO SCALDAFERRO SRL with reason for WEB ORDER N: _______)
- paypal
To ensure maximum security, the Customer will carry out the payment transaction directly on the bank's secure server.
Order billing
If the purchase is made by a professional, it will be possible to request an invoice by selecting the appropriate box during the order procedure and entering the billing information including tax code and / or VAT number. In this case, the invoice will be sent by email to the address indicated. The professional is responsible for the correct insertion of billing data and is expressly informed that, in case of failure to request the invoice during the order, it will not be possible to request it later.

6. Transport and delivery

The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure in the appropriate "Shipping Data" field. All purchases will be delivered by express courier (hereinafter, "Courier") from Monday to Friday, excluding holidays and national holidays. Scaldaferro.it is not responsible for unforeseeable delays or those not attributable to it. Once the Products have been shipped, the Customer will receive a confirmation email which will include a link to refer to for tracking the shipment. In any case, except in cases of force majeure or unforeseeable circumstances, the Products ordered will be delivered within a period of 3 - 5 working days starting from the day following that in which the order was confirmed to the Customer by means of a specific confirmation email. order. The Consumer undertakes to check without delay, and in any case no later than 3 (three) days from receipt of the products, that the delivery is correct and includes all and only the products purchased and to inform the Seller of any defect within this period. of the products received or of their discrepancy with the order placed, according to the procedure referred to in the following art. 8 of this contract. Should the packaging or wrapping of the products ordered by the Consumer reach their destination clearly damaged, the Consumer must refuse delivery by the carrier, indicating in the waybill the non-compliance, under penalty of forfeiture of the right to any refund or compensation or indemnity. After three days from receipt of the goods, the delivered products will be considered definitively accepted by the Consumer.

7. Right of withdrawal
 
The Customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, except in the cases of exclusion provided for later. To exercise this right, the Customer must send Scaldaferro.it a communication within 10 days from the date of receipt of the Products by certified mail to the address: [email protected] or by registered letter with return receipt, addressed to:
torronificio scaldaferro srl - cà tron 31 - 30031 Dolo Venice
Once the communication has been received, the Customer Service will open a file for the management of the return and communicate to the Customer the instructions on how to return the Products, which will be done by courier.
The right of withdrawal is governed by the following conditions:
1. The law applies to the Product purchased in its entirety and still sealed; therefore, if the Product is composed of several components or parts, it is not possible to exercise the withdrawal only on part of the purchased Product or when the package is opened or in the case of a partially consumed product.
2. In case of exercise of the right of withdrawal, Torronificio Scaldaferro will refund the customer the full amount of the returned goods, excluding shipping costs where applicable and any bank charges and commissions incurred, without prejudice to the right to suspend payment of the refund until the actual receipt of the goods. In case of bank transfer or cash on delivery, the Customer will be responsible for providing the bank details on which to obtain the refund (account holder, name and address of the Bank and IBAN).
3. Also in order to guarantee the free return pursuant to article 8 below, the Products must be returned in the same box in which they were received.

In addition to the cases indicated in the Introduction (non-consumer customer and / or requesting an invoice), the right of withdrawal is excluded in the following cases, pursuant to art. 59 of Legislative Decree 21/2014:
- order of products made to measure or clearly personalized;
- order of Products that risk deteriorating or expire rapidly;
- order of sealed Products which cannot be returned for hygienic reasons or which have been opened after delivery.
With reference to the cases of exclusion of the withdrawal listed above, the Customer, in particular, is informed and accepts that the Products that "risk deteriorating or expire rapidly" include all Food Products as the characteristics and qualities of these types of Products they are subject to alteration also as a result of inappropriate storage. Therefore, for reasons of hygiene and customer protection, the right of withdrawal is only applicable for Products purchased on the Site that can be returned and put back on the market without endangering the health of consumers.

8. Warranty and lack of conformity

In case of conformity defects of the Products sold, the Customer must contact immediately and in any case within 10 days. from the discovery of the lack of conformity, Customer Service using the appropriate certified email [email protected] The legal guarantees provided for in articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. The Customer has the right, at his choice and on condition that the type of Product allows it, to restore, without charge, the conformity of the Product by replacement, or to an adequate reduction in the price or to terminate the contract. Any report of a lack of conformity of the product must be submitted together with photographic proof of the defect and proof of the purchase of the product from the Seller or reseller (tax document issued by the Seller or receipt of payment). The Customer loses these rights if he does not report the lack of conformity to Scaldaferro.it within 10 days from the date on which he discovered the defect, provided that it is not a Product which by its nature is perishable or subject to expiry in a shorter term, in which case the defect must be reported within this shortened term. In the event of ascertained non-conformity of the product, the Seller will reimburse the Consumer (within 30 days from the return of the product) the price of the product with the exclusion of shipping costs incurred for the return of the non-conforming product.

9. Errors and Limitations of Liability. Major force
Except for willful misconduct or gross negligence, any right of the Customer to compensation for damages or the recognition of compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and / or things, caused by the non-acceptance or evasion, even partial. , of an order.
The Seller will not be liable in the event of total or partial non-fulfillment of its obligations under this contract if such non-fulfillment is caused by unforeseeable events and / or natural events beyond its reasonable control, including, by way of example but not limited to , natural catastrophic events, acts of terrorism, wars, popular uprisings, power failure, general strike of public and / or private workers, strike and / or restrictions on the viability of couriers and air connections, slight or gross negligence or malice of the courier, pandemics.

10. Applicable law and competent court
The sales contract between the customer and Scaldaferro.it is concluded in Italy and governed by Italian law. For the solution of disputes relating to the interpretation, execution or resolution of these General Conditions or individual purchase orders if the Customer is a consumer pursuant to the Consumer Code, the court of his / her town of residence or of domicile if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Venice, any other competent court excluded.

11. Protection of confidentiality
The Supplier protects the privacy of its customers and guarantees that data processing complies with the provisions of the privacy legislation pursuant to Legislative Decree 30 June 2003, n. 196.
 The personal and fiscal data acquired directly and / or through third parties by Scaldaferro.it, the data controller, are collected and processed in paper, computerized, telematic form, in relation to the processing methods for the purpose of registering the order and activating towards him the procedures for the execution of this contract and the relative necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow effective management of commercial relations to the extent necessary to best perform the requested service (art . 24, paragraph 1, letter b, legislative decree 196/2003). The Supplier undertakes to treat the data and information transmitted by the Purchaser confidentially and not to disclose them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may only be exhibited at the request of the judicial authority or other authorities authorized by law.

The Buyer enjoys the rights set forth in art. 7 of Legislative Decree 196/2003, namely the right to obtain:
1. a) updating, rectification or, when interested, integration of data;
2. b) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including data which need not be kept for the purposes for which the data were collected or subsequently processed;
3. c) certification that the operations referred to in letters a) and b) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case in which fulfillment proves impossible or involves the use of means manifestly disproportionate to the protected right. The interested party also has the right to object, in whole or in part: i) for legitimate reasons, to the processing of personal data concerning him, even if pertinent to the purpose of the collection; ii) to the processing of personal data concerning him for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication.

12. Intellectual Property Rights.
The Consumer declares to be informed that all content on the Site is protected by copyright and other provisions in force on intellectual property: all rights are the exclusive property of Torronificio Scaldaferro srl
The contents of the Site may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of Torronificio Scaldaferro srl

13. Validity of the clauses.
The headings of the clauses used here are to be considered purely indicative and have no effect on the identification of the content and interpretation of this contract.
These conditions do not affect the rights attributed by Italian law to the Consumer acting as a consumer or the rights guaranteed by the mandatory provisions of the legal system to which he is subject.
In the event that a clause or part of a clause of these general conditions should be considered invalid because in contrast or contrary to a law, all the other clauses of this agreement or parts of the same clause will remain fully valid and effective.
 
Pursuant to Article 1341 of the Italian Civil Code the Customer declares to have read and specifically accepted the following articles of these General Conditions: 6 (liability for delays in delivery), 9 (limitations of liability. Force majeure).