General Conditions of Sale

General Conditions of Sale

Art. 1 – General provisions

1. The user navigating in this area accesses Cialde di Montecatini Bargilli, accessible through the Url: cialdedimontecatini.com. Browsing and transmitting a purchase order on the site implies acceptance of the Data Protection Conditions and Policies adopted by the site indicated therein.

2. These General Conditions of Sale apply to the sale of products with exclusive reference to purchases made on the site per the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree no. 206/05 modified by Legislative Decree no. 21/14 and Legislative Decree 70/03) by the
Cialde of Montecatini di Bargilli and C. Srl
Headquarters: Via E. Fermi, 5 51010 Massa e Cozzile
VAT number: IT00976640474
Registered in the REA, number PT 108501

3. The user is obliged, before accessing the products supplied by the site, to read these General Conditions of Sale which are generally and unequivocally accepted at the time of purchase.

4. The user is invited to download and print a copy of the purchase form and the General Conditions of Sale, whose terms Cialde di Montecatini Bargilli reserves the right to modify unilaterally and without any prior notice.

5. It is possible to use the site and therefore, access and purchase the supplied products in the following languages:

English

Art. 2 – Object

1. These General Conditions of Sale govern the offer, forwarding and acceptance of purchase orders for Cialde of Montecatini Bargilli products. They do not regulate, however, the supply of services or the sale of products by subjects other than the seller, who are present on the same site through links, banners or other hypertext links.

2. Before submitting orders and purchasing products and services from different subjects, we suggest checking their sale conditions.

Art. 3 – Conclusion of the contract

1. To conclude the purchase contract, it will be necessary to fill in the form in electronic format and send it following the relative instructions.

2. It contains the reference to the General Conditions of Sale, the images of each product and the relative price, the available means of payment, the delivery methods of the purchased products and the related shipping and delivery costs, a conditions for exercising the right of withdrawal reference; methods and times for returning the purchased products.

3. Before concluding the contract, you will be asked to confirm reading the General Conditions of Sale, including the right of withdrawal and processing of personal data information.

4. The contract is concluded when the seller receives the completed form by the user, after a thorough check for data content correctness.
5. The buyer will be obliged to pay the price from the moment the online order submission procedure is completed. It will be done so by clicking on the “Place Order” button at the end of the wizard.

6. Once concluded the contract, the seller takes charge of the order for its fulfilment.

Art. 4 – Registered users

1. Completing the registration procedures, the user undertakes to follow the instructions on the site and to provide his/her personal data correctly and truthfully.

2. Once registered, the user will receive a confirmation e-mail at the provided address. Confirmation must take place within 24 hours at the latest. After this period, in the absence of authorisation, Cialde di Montecatini Bargilli will be freed from any commitment towards the user.

3. The confirmation will, in any case, release Cialde di Montecatini Bargilli from any responsibility for the data provided by the user. The user undertakes to promptly inform Cialde di Montecatini Bargilli of any change in their data at any time communicated.

4. If the user then communicates incorrect or incomplete data or even if there is a dispute by the interested parties about the payments made, Cialde di Montecatini Bargilli will have the right not to activate or to suspend the service until the relative shortcomings.

5. At the first request for a profile activation by the user, Cialde di Montecatini Bargilli will assign the same username and password. The latter acknowledges that these identifiers constitute the validation system of the user’s access to the Services and the only system suitable for identifying the user and the performed acts through this access will be attributed to him and will become mandatory on him.

6. The user undertakes to maintain the confidentiality of his access data and to keep them with due care and diligence and not to transfer them, even temporarily, to third parties.

Art. 5 – Availability of the products

1. The availability of the products refers to the actual availability when the buyer places the order. This availability must, however, be considered purely indicative as, due to the simultaneous presence on the site of multiple users, the products could be sold to other customers before confirming the order.

2. Even after sending the order confirmation e-mail, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically corrected due to the elimination of the unavailable product, and the buyer will be immediately informed by e-mail.

3. If the buyer requests the cancellation of the order, by terminating the contract, Cialde di Montecatini Bargilli will refund the amount paid within 30 days from the moment when Cialde di Montecatini Bargilli became aware of the buyer’s decision to terminate the contract.

Art. 6 – Products offered

1. Cialde di Montecatini Bargilli sells:

Typical food products

2. The offer is described in detail on our website at the link: https://cialdedimontecatini.com/tutti-i-prodotti-bargilli/
Art. 7 – Methods of payment and prices

1. The products price will be the indicated one on the site on a case-by-case basis, except where there will be an obvious error.

2. In case of error, Cialde di Montecatini Bargilli will notify the buyer as soon as possible, allowing confirmation of the order at the correct price or cancellation. In any case, there will be no obligation for Cialde di Montecatini Bargilli to supply what is sold at the lower price erroneously indicated.

3. The site prices are inclusive of VAT and do not include shipping costs. Prices can change at any time. The changes do not affect orders for which order confirmation has already been sent.

4. Once the desired products have been selected, they will be added to the cart. It will be sufficient to follow the purchase instructions, entering or verifying the information requested in each step of the process. The order details can be changed before payment.

5. Payment can be made via:
Paypal, Credit Cards (Visa, Mastercard), Bank Transfer, Cash on Delivery, Stripe

Art. 8 – Delivery

1. Cialde of Montecatini Bargilli ships throughout the Italian territory, excluding Vatican City and the Republic of San Marino.

2. Cialde di Montecatini Bargilli will only deliver to the user’s address, provided at the time of purchase.

3. The delivery is carried out, for the Italian territory, generally within a week, or, if no delivery date is specified, within the deadline estimated at the time of the delivery method selection and, in any case, within the maximum deadline of thirty days from the date of confirmation.

4. As for the European Union countries, deliveries will be made in one week, and in any case, within the maximum term of thirty days.

5. If delivery is not possible, the order will be sent to the warehouse. In such a case, a notice will specify the place where the order is located and how to arrange a new delivery.

6. If you are unable to be present at the place of delivery at the agreed time, we ask you to contact us again to agree on new delivery date.

7. If the delivery cannot take place for reasons not attributable to us after thirty days from the date on which the order is available for delivery, we will assume the intent to terminate the contract.

8. As a result of the termination, the sum will be returned. It includes delivery costs, yet excluding any additional costs for choosing a different delivery method than the ordinary one offered, without undue delay and, in any case, within 30 days from the contract termination date. The transport resulting from the termination of the contract may have additional costs that will be borne by the buyer.

9. Shipping costs are paid by the buyer and are explicitly highlighted at the time when the order is placed.

Art. 9 – Passing of risk
1. The risks relating to the products will be borne by the buyer from the moment of delivery. The ownership of the products is considered acquired as soon as full payment of all amounts due related to them has been received, including shipping costs, or at the time of delivery, should this occur later.

Art. 10 – Warranty and commercial compliance

1. The seller is responsible for any defects of the offered products on the site. It includes the non-conformity of the items, per the Italian law provisions.

2. If the buyer has entered into the contract as a consumer or as any natural person who acts on the site for purposes unrelated to any business or carried out professional activity, this guarantee is valid provided that the defect occurs within 24 months from the products delivery date; that the buyer submits a formal complaint regarding the defects within a maximum of 2 months from the date on which the latter recognised it; that the online return form is completed correctly.

3. In the event of non-compliance, the buyer who has entered into the contract as a consumer will have the right to obtain the restoration of conformity of the products at no cost, by repair or replacement, or to obtain an appropriate price reduction or the termination of the contract relating to the disputed goods and the consequent return of the price.

4. We accept complaints exclusively by e-mail no later than five working days by providing photographic documentation of the product specifying the BATCH and the EXPIRY date

5. The seller will bear all return costs for defective products.

Art. 11 – Withdrawal

1. In accordance with the legal provisions in force, the buyer has the right to withdraw from the purchase without any penalty and without specifying the reason, within the term of 14 days according to art. 57 of Legislative Decree 206/2005 starting from the date of receipt of the products.

2. In the case of multiple purchases made by the buyer with a single order and delivered separately, the 30-day period starts from the date of receipt of the last product.

3. The user who intends to exercise the right of withdrawal must communicate it to Cialde di Montecatini Bargilli through an explicit declaration, which can be sent by registered letter with return receipt to the address:
Cialde di Montecatini di Bargilli and C. Srl
Via E. Fermi , 5
51010 Massa e Cozzile
The user can also indicate the intention to withdraw, indicating the order number and name of the user, to:
amministrazione@bargilli.com

4. The buyer must exercise the right of withdrawal also by sending any declaration explicit containing the decision to withdraw from the contract or transmit the standard withdrawal form, referred to in Annex I, part B, Legislative Decree 21/2014 not mandatory.

5. The goods must be returned to:
Cialde of Montecatini di Bargilli and C. Srl
Via E. Fermi, 5
51010 Massa e Cozzile

6. The goods must be returned intact, in the original packaging, complete in all its parts and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, the site will refund the amount of the products subject to withdrawal within a maximum period of 30 days, including any shipping costs.

7. As required by art. 56 paragraph 3 of Legislative Decree 206/2005, modified by Legislative Decree 21/2014, the site may suspend the refund until receipt of the goods or until the buyer has demonstrated that he has sent the products back.

8. The right of withdrawal will not apply if the services and products of Cialde di Montecatini Bargilli are included in the categories of art. 59 of Legislative Decree 206/2005.

9. The site will perform the refund using the same payment method chosen by the buyer during the purchase. In case of payment made via bank transfer, and if the buyer intends to exercise his right of withdrawal, he will have to provide the bank details: IBAN, SWIFT and BIC necessary to carry out the refund.

Art. 12 – Data processing

1. The purchaser’s data are processed under the provisions of the legislation on the protection of personal data, as specified in the specific section containing the information according to art. 13 EU Regulation 2016/679 (Privacy Policy).

Art. 13 – Safeguard clause

1. In the event that one of the clauses of these General Conditions of Sale is void for any reason, this will in no case compromise the validity and compliance with the other provisions contained in these General Conditions of Sale.

Art. 14 – Contacts

1. Any request for information can be sent by e-mail to the following address info@bargilli.com, by phone at the following telephone number: +39 0572 73449, and by post to the following address:
Cialde of Montecatini di Bargilli and C. Srl
Via E. Fermi, 5
51010 Massa e Cozzile

Art. 15 – Applicable law and jurisdiction

1. These General Conditions of Sale are governed by Italian law and interpreted based on it, without prejudice to any other prevailing mandatory rule of country of habitual residence of the buyer. Consequently, the interpretation, execution and termination of the General Conditions of Sale are subject exclusively to Italian law.

2. Any disputes inherent or consequent to them must be resolved exclusively by the Italian court. In particular, if the buyer holds the status of Consumer, any disputes must be resolved by the city of domicile or residence court according to the applicable law.
These conditions were drawn up on 18/05/2020.

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