General Conditions

(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 site shop.falorni.it (hereinafter, the “Site”) in compliance with the Italian legislation referred to in Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, “Consumer Code”). The seller of the products and owner of the Site is: Falorni Retail snc with registered office in Piazza G.Matteotti 66, 50022 Greve in Chianti (FI) C.F/ P.I. and registration in the Florence Company Register no. 06609070484, REA: FI - 642026 - Email address: falorniretailsnc@legalmail.it (hereinafter “Falorni Retail”). The consumer who accesses the Site to make purchases (hereinafter “Customer”) is required, before sending the order, to carefully read these General Conditions which have been made available to him on the Site and which will be available to the Customer at any time also through the link contained in the confirmation email of each order to allow him to reproduce and store them.   In the event that the person making purchases on the Site requests the issuance of an invoice and/or is not a “consumer or user” as defined in art. 3, paragraph 1, letter a), of the Consumer Code, the withdrawal provisions set out in art. 7 and 8 of these General Conditions will not apply, nor, more generally, the provisions that pursuant to the same Consumer Code apply only to “consumers”. Contracts concluded with Falorni Retail through the Site are governed by these General Conditions in compliance with Italian law. The language available for concluding the contract is Italian.

 

2. Select and order the Products

The characteristics and price of the various products on 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 send 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 Privacy Policy and confirmed their acceptance, must enter the shipping and any invoicing 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 that he has read all the information provided during the purchase procedure and fully accepts these General Conditions and payment terms transcribed. The contract stipulated between Falorni Retail and the Customer must be considered concluded with the acceptance of the order by Falorni Retail. This acceptance is communicated to the Customer via an order confirmation email containing a reference to these General Conditions, the order number, shipping and billing information, the list of Products ordered with their essential characteristics and the total price, including delivery costs. The Customer will check the confirmation email and if he/she finds any errors in the order, he/she will have 12 hours from receipt of the email to contact Customer Service by email at negozio-greve@falorni.it. After this period, the order will be processed for shipping and no changes will be accepted, without prejudice to the Customer's rights under Article 7 below. Once the order has been received, Falorni Retail will check the availability of stock to process the order. In the event that one or more Products are not available, Falorni Retail Customer Service will promptly send an email to the Customer who, within the following 48 hours, will have the right to respond to confirm the shipment of any additional available Products or cancel it. If there is no response within this period, the order will be cancelled without any charges to the customer. 

3. Product Information

The information and characteristics relating to the Products are available, with the relevant Product codes, on the Site. The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the descriptive sheet. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be perfectly representative of their 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. For some product categories (e.g. cured meats) it is possible that the products may undergo a physiological loss in weight due to curing of no more than 5%.

 

4. Prices and shipping

Product prices include all taxes and duties. All prices are expressed in Euros. Shipping prices are calculated automatically by the system and shown to the customer during the order confirmation procedure.

 

5. Payment methods

The Customer may pay for the price of the Products and the related delivery costs by credit card, PayPal and debit cards.

The order amount will be charged only when the goods are actually shipped. Credit Card The circuits on which it is possible to purchase within the Site are: Visa / Visa Electron Mastercard American Express Diners Club International To ensure maximum security, the Customer will carry out the payment transaction directly on the bank's secure server. The Site does not store the Customer's credit card number, but thanks to the protected communication system of the reference credit institution, from the second purchase, the Customer who wishes - by selecting the appropriate option - will be able to proceed with the purchase without re-entering his data. The reference credit institution uses the SSL protocol to encrypt the data transmitted between its server and the Customer's browser. PayPal Once the order has been confirmed, the Customer will be redirected to the PayPal site where he can make the payment with his account or using a card, even a prepaid one, or in any case according to the methods accepted by PayPal and in compliance with the relevant conditions.

It is not possible to request an invoice. 

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 field "Shipping Data". All purchases will be delivered by express courier (hereinafter, "Courier") from Monday to Friday, excluding holidays and national holidays. Falorni Retail is not responsible for delays that are unforeseeable or not attributable to it. Once the Products have been shipped, the Customer will receive a confirmation email that will include a link to refer to for tracking the shipment. In order to guarantee the quality of the products ordered, Falorni Retail will ship the goods from Monday to Wednesday or Thursday, depending on the season, in order to minimize any stock of goods during the weekends. In any case, except in cases of force majeure or unforeseeable circumstances, the Products ordered will be delivered within 7 (seven) working days starting from the day following the day on which Falorni Retail confirmed the order to the Customer via a specific order confirmation email. Delivery services active in Italy: Bartolini.

 

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 for the cases of exclusion provided for in the following point IV. To exercise this right, the Customer must send Falorni Retail a communication within 14 days from the date of receipt of the Products using the form downloadable here or, if he/she intends to exercise the withdrawal before having received the Products, the withdrawal communication can be sent at any time before their receipt. This communication must be sent by registered letter with return receipt, addressed to: c/o Returns and Refunds Office  Falorni Retail sncpiazza G.Matteotti 66 50022 Greve in Chianti (FI) Once the communication has been received, Falorni Retail Customer Service will open a file to manage the return and communicate to the Customer the instructions on how to return the Products, which will take place via a courier indicated by Falorni Retail itself. The right of withdrawal is governed by the following conditions: I. The right applies to the Product purchased in its entirety; therefore, if the Product is composed of multiple components or parts, it is not possible to exercise the withdrawal on only part of the purchased Product. II. In the event of exercising the right of withdrawal, Falorni Retail will refund the customer the entire amount of the returned goods, including shipping costs where applicable, within 14 days from the date on which the communication of withdrawal was received, without prejudice to Falorni Retail's right to suspend payment of the refund until the goods have actually been received. The refund will be made using the same payment method used by the Customer, unless the latter has expressly requested a different method. In the event of a 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). III. Also in order to guarantee free returns pursuant to the following article 8, the Products must be returned in the same box in which they were received. IV. In addition to the cases indicated in the Introduction (customer who is not a consumer and/or who requests an invoice), the right of withdrawal is excluded in the following cases, pursuant to art. 59 of Legislative Decree 21/2014: a) order of Products packaged to measure or clearly personalized; b) order of Products that risk deteriorating or expiring rapidly; c) order of sealed Products that are not suitable for return for reasons of hygiene or related to health protection or that have been opened after delivery. With reference to the cases of exclusion of the right of withdrawal listed above, the Customer, in particular, is informed and accepts that among the Products that "risk deterioration or expiration rapidly" are included all food Products (including wines, spirits and beverages), as the characteristics and qualities of these types of Products are subject to alteration also as a result of inappropriate storage. Therefore, for reasons of hygiene and protection of Customers, the right of withdrawal is applicable only for Products purchased on the Site that can be returned to Falorni Retail and put back on the market without danger to the health of consumers (such as books, gadgets, kitchen utensils, etc.). In cases of exclusion of the right of withdrawal, Falorni Retail will destroy the perishable products mistakenly returned by the customer in compliance with health and hygiene regulations, as the company cannot guarantee the hygienic/health compliance of the returned products.

 

8. Free Return in case of exercising the right of withdrawal

As a more favorable condition for the Customer, Falorni Retail will fully cover the shipping costs for the return of the Products in case of exercising the right of withdrawal. In order to benefit from this free shipping, the Customer who intends to exercise the right of withdrawal must follow the procedure indicated in the previous article 7 and wait to be contacted by Falorni Retail to arrange the return of the Products to the courier.

 

9. Warranty and Lack of Conformity

In case of lack of conformity of Products sold by Falorni Retail, the Customer must immediately contact Customer Service by sending an email to negozio-greve@falorni.it. 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 provided that the type of Product allows it, to have the conformity of the Product restored, free of charge, by repair or replacement, or to an adequate reduction in price or to the termination of the contract. The Customer loses these rights if he does not report the lack of conformity to Falorni Retail within two months of the date on which he discovered the defect, provided that it is not a Product that by its nature is perishable or subject to expiry in a shorter period, in which case the defect must be reported within this reduced period.

 

10. Errors and limitations of liability

The information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which Falorni Retail cannot therefore be held responsible, except in cases of fraud or gross negligence. Falorni Retail reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update the information at any time without prior notice, without prejudice to the Customer's rights under these General Conditions and the Consumer Code. Except in cases of fraud or gross negligence, any right of the Customer to compensation for damages or 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 failure to accept or process, even partially, an order. Falorni Retail promotes the responsible consumption of alcohol and excludes any liability on its part, except in the case of fraud or gross negligence, in the case of purchases made by minors under 16 years of age. By purchasing any alcoholic product, you declare that you are of age as per art. 7 of Legislative Decree 158/2012. Falorni Retail assumes no liability in the case of purchases made by minors under 18 years of age who have declared that they are of a different age.

 

11. Complaints

Any complaints must be forwarded to Falorni Retail by email to negozio-greve@falorni.it or by registered mail to the following address: c.a. Complaints OfficeFalorni Retail sncpiazza G.Matteotti 66 50022 – Greve in Chianti (FI) Falorni Retail undertakes to respond to all requests received within a maximum of 7 working days.

 

12. Online resolution of consumer disputes (ADR and ODR)

ADRSecond to article 49 paragraph 1 letter V of Legislative Decree 6 September 2005 n. 206 (Consumer Code) the customer can avail of the Joint Conciliation procedure. The Procedure can be started if the consumer, after having submitted a complaint to the company, within 45 days, has not received a response or has received a response that he does not consider satisfactory. The customer who decides to avail of the Joint Conciliation procedure is obliged to send the request to the address: conciliazione@consorzionetcomm.it or to the fax number 02/87181126. For further information, please refer to: http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/La-Conciliazione-Paritetica.kl ODRApursuant to art. 14 of Regulation 524/2013, the user is informed that in the event of a dispute, he/she may submit a complaint via the European Union ODR platform, which can be reached at the following link http://ec.europa.eu/consumers/odr/. The ODR platform is an access point for users who wish to resolve disputes arising from online sales or service contracts out of court.

 

The sales contract between the Customer and Falorni Retail is deemed to be concluded in Italy and governed by Italian law. For the resolution of disputes relating to the interpretation, execution or termination of these General Conditions or individual purchase orders if the Customer is a consumer pursuant to the Consumer Code, the court of his/her municipality of residence or domicile will have exclusive jurisdiction if located in Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Florence, any other competent court excluded. *** Pursuant to Article 1341 of the Civil Code, the Customer declares to have read and specifically accept the following articles of these General Conditions: 2 (Choosing and ordering Products), 3 (Product Information), 6 (Liability for delays in delivery), 7 (Right of withdrawal), 10 (right to correct errors - exclusions of liability).

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