Foreword: General Conditions Efficacy
The present general sales conditions (hereinafter, “General Conditions”, deal with the regulations relative to the products and services distance purchasing which are made available through internet, from the web site www.tartufifriends.it (hereinafter, the Web) within the respect of the Italian regulation in matter of distance contracts (Legislative Decree 70/2003).
The Website is of the Luxury Gourmet S.r.l. property with its headquarters in Via Borgognona, 4/d – 00195 Rome – V.A.T. and Fiscal Code Number 12088731000.
Before sending the order, the Customer is invited to read carefully the General Conditions that have been put at his disposal on the Website in order to consent him to reproduce and memorize them.
The contracts concluded with Luxury Gourmet S.r.l. are ruled by the present General Conditions within the respect of the Italian Regulations. Italian is the language at their disposal to conclude the contract.
The salesperson is Luxury Gourmet S.r.l.
Central Headquarters: Via Borgognona, 4/d – 00195 Rome
To choose and Order the Products
The characteristics and the price of the various Products are mentioned in the page relative to each Product.
Through the order confirmation, which has a value of contractual proposal, the Customer recognizes and declares to have acknowledged all the indications given to him during the purchasing procedure and to accept integrally the present General and Payment Conditions proposed.
The contract stipulated between Luxury Gourmet Srl and the Customer must be intended concluded with the order acceptance from Luxury Gourmet Srl. This acceptance will be communicated to the Customer through an email of confirmation of the order itself.
Whenever the Customer is a consumer (that is a physical person that buys the goods for motives that have nothing to see with is professional activity), once the purchasing procedure is concluded on line, he will provide printing or saving an electronic copy and in any case keep the present sales general conditions, within the respect of what foreseen by the Italian regulations in matter of distance contracts.
Any right of the Customer for a compensation for damages or indemnity is excluded, as well as any contractual or extra contractual responsibility for direct or indirect damages caused to persons and/or things, as a result of the failed acceptance or evasion, even partial, of an order.
INFORMATION ABOUT THE PRODUCTS
The information relative to the Products susceptible of distance selling are available on the Website.
The visual representation of the products on the Website, whenever available, corresponds normally to the photographic image in support to the descriptive card. It is well understood that the image of the products themselves has the sole aim to present them for being sold and cannot perfectly represent them in their characteristics but differ by way of colour and dimensions. In case of difference between the image and the written product card, the description of the product card is always attesting.
The products prices are comprehensive of all taxes and duties. All the prices are expressed in Euro.
DELIVERIES IN ITALY:
All over Italy the expedition is free of charge for orders exceeding 200 Euros.
For orders inferior to € 200 the cost is of € 8,00 including taxes.
All over the world, excepting at the moment for Russia, USA and China.
The prices used are calculated on the basis of the Zone pertaining to the Country and to the total weight of the purchased products.
The Customer will be able to do the payment of the Products price and of the relative delivery expenses through PayPal circuit (credit card or PayPal account), or through a pre paid voucher.
In order to guarantee the maximum security, the Customer will do the payment transaction directly on the secured Bank server.
The Website does not memorize the credit card of the Customer, but, thanks to the secured communication system of the Credit Institute of reference, from the second order, the Customer will be able to proceed with the purchase without inserting again his own data. The Credit Institute of reference, utilizes the SSL Protocol to cryptograph the data transmission between its server and the Customer’s browser.
Once the order is confirmed, the Customer will be again addressed to the PayPal site where he will be able to do the payment with his own current account, or else using a card, even a pre-paid one.
Pre paid Vouchers
The Customer will have to insert the data relative to the prepaid Card after having chosen this payment method in the purchasing procedure,
Order Acknowledge of Receipt
Once the order is done, Luxury Gourmet Srl will verify the availability of the stocks for the order execution. In case in which one product is not available, the Luxury Gourmet Srl Customer Care will immediately inform the Customer. The Customer will be able to decide whether to confirm the delivery or to cancel it.
TRANSPORTATION AND DELIVERY
The Products purchased on the Website will be delivered at the address indicated by the Customer during the purchasing procedure.
Luxury Gourmet Srl will issue an invoice for the goods sent for each order carried out on the Website, and will send it to the Customer in paper or digital format exclusively prior request that must be done by email to the address: email@example.com . The invoice will be issued according the information/data given by the Customer during the purchasing procedure. No amendment will be done to the invoice once it has been issued.
The consequent delivery charges are totally at the Customer’s expenses and are distinctly mentioned during the purchasing procedure.
All the purchases are delivered through express courier (hereinafter named “Courier”, from Monday to Friday, excluding holidays and National Days. Luxury Gourmet Srl is not responsible for non foreseeable delays.
Luxury Gourmet Srl will send to the Customer an email of confirmation once the Products have been sent over, in which a link will be indicated so as to have a traceable point of reference for the expedition.
In any case, except for the cases of force majeure or fortuitous case, the Products once they are ordered, will be delivered, in Italy or Abroad, within a term of 7(seven) working days as from the successive day when the Customer has transmitted the order to the Luxury Gourmet Srl, except for the case in which Luxury Gourmet Srl does not inform – within the same delay – the impossibility to deliver the goods ordered because of a sudden shortage, even temporary, of the Products. In case of such communication, the Customer will have the possibility to choose one or more alternative Products. In case in which the Customer does not decide to choose alternative Products or to cancel the order, Luxury Gourmet Srl will provide to refund the amounts already paid by the Customer within the same delays of time.
DELIVERY SERVICES ACTIVE IN ITALY
Export Box, Poste Italiane-SDA
The service foresees 2 delivery attempts to the address indicated at the moment of the order. After thesecond failed delivery attempt, the parcel will remain in stock for 3 working days with the Courier. During these 3 days, the Customer will have the possibility to contact directly the Courier to agree upon the delivery or to modify the address. From the 4th day and for 7 working days (including Saturday), on the contrary, the parcel will be kept for free in stock in the Postal Office of the Area. The Customer will receive the relative information of the Postal Office where to go for the withdrawal, by means of a written notice left in the postal box and through email.
SERVICES OF DELIVERY ACTIVE ABROAD
The under listed information will enter in force when the deliveries for abroad will be operational:
Export Box, Poste Italiane-SDA
The service foresees 2 delivery attempts to the address indicated at the moment of the order. After the second failed delivery attempt, the parcel will stay in a warehousing for free for 15 days (including Saturdays and Holidays) in the Postal Office of the area. The Customer will receive the relative information of the Postal Office where to go for the withdrawal, by means of a written notice left in the postal box and through email.
Maximum weightof the delivery abroad: 120 Kg
Countries for which the service is active: Austria, Belgium, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Island, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Norway, Holland, Poland, Portugal, Monaco Principauté de Monaco, United Kingdom, Check Republic, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, Hungary.
According to Art.64 and s.s. of the Consumption Code (Legislative Decree 2005/06), the Customer, has the right of cancelling the purchasing contract for any motive, without any need to give explanation and without any penalty.
To exercise this right, the Customer will have to sent to Luxury Gourmet Srl a communication within 10working days from the date of goods receiving.
This communication will have to be sent by fax to the number: +39 06 69380866
Even the communication by fax will have to be sent within the term of 10 working days and be followed by a confirmation through registered letter with acknowledge of receipt to:
Luxury Gourmet Srl – Via Borgognona, 4/d – 00195 – Rome.
The Luxury Gourmet Srl Customer Care will provide, after having received the communication, to inform the Customer about the instructions for the formalities of the goods restitution.
The right of cancellation is subject to the following conditions:
1. The right is being applied to the product bought in its entireness; it is not possible to exercise the withdrawal only on part of the product purchased.
2. According to the Law, the deliveries charges relative to the restitution of the goods are totally to the expenses of the Customer.
3. The delivery, until our storehouse certifies receipt of evidence, is under the full Customer’s responsibility.
4. Luxury Gourmet Srl is not at all responsible for damages or theft/loss of goods returned through non insured deliveries.
5. In case of goods damages during the transport, Luxury Gourmet Srl will inform the Customer of the misdeed (within 5 working days) in order to enable him to make a denunciation towards the courier and obtain a possible refund. In this case, the product will be put at the Customer’s disposal for its restitution contemporaneously cancelling the withdrawal request.
Luxury Gourmet Srl will reimburse the Customer the whole amount already paid, within 30 days from the received goods, through transferring procedure of the amount on Credit Card or through Bank Transfer of Money. The Customer himself will provide supplying the Bank data through which the refund will be done (ABI Code – CAB – Current Account of the invoice Heading)
The right of withdrawal decays totally, in default of the essential condition of the goods integrity (confection and/or relative contents), in those cases in which Luxury Gourmet Srl ascertains the following:
1. the absence of the external confection and/or the wrapping containing the product purchased.
2. the product’s damaging for causes different from its transportation.
In case of right of withdrawal decay, Luxury Gourmet Srl will provide returning to the sender the acquired good, charging to the Customer the expedition expenses.
FREE OF CHARGE RESTITUTION
Luxury Gourmet Srl intention is to supply to the Customers the possibility to substitute the Products purchased on line.
Whenever the Customer is not fully satisfied, he will have to keep all the documentation relative to the delivery and the Product itself in its original confection and contact Luxury Gourmet Srl by sending an email to the Address: firstname.lastname@example.org. The Luxury Gourmet Srl Customer Care Service will agree with the Customer upon the Product’s withdrawal.
FLAWS OF COMPLIANCE
In case of flaw of compliance of the Products sold by Luxury Gourmet Srl, the Customer will have to contact immediately the email address: email@example.com.
The sales Products are ruled with application of the legal guarantees as per Articles 129, 130 and 132 of the Consumption Code. The Customer has the right to restore, without any expense, the compliance of the good through the repairing or substitution, or else to a proper reduction of the price or to the contract resolution. The Customer decays such rights, in case he does not denounce to Luxury Gourmet Srl the compliance flaw within the term of two months from the date he discovered the flaw.
The information relative to the Products supplied through the Website, are constantly updated; it is however impossible to guarantee the complete absence of errors.
Luxury Gourmet Srl is reserving the right to correct such errors, the inaccuracies or the omissions even after an order has been sent, or to modify or update the information at any moment without prior communication.
Any claim will have to be forwarded by sending an email to the address: firstname.lastname@example.org, or through registered post with acknowledge of receipt to the following address:
Luxury Gourmet Srl – Via Borgognona, 4/d 00195 Roma
APPLICABLE LAW AND COMPETENT COURT
The sales contract between the Customer and Luxury Gourmet Srl is intended concluded in Italy and regulated by the Italian Law. For the solution of civil and penal controversies deriving from the conclusion of the present sales distance contract, whenever the Customer is a consumer, the territorial competence is the Court of reference pertaining to its Commune of Residence or domicile if located in the Italian territory; in all the other cases, the territorial competence is exclusively the one of the Court of Rome.