General conditions of Sale
PEOPLE BEYOND THE SCREEN
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The site www.ipucci.com is a site owned by Cesare Pucci's farm registered in the business register of Catanzaro, Rea n. CZ192232, VAT number 11942831006, based in via Basilicata snc, 88100 Catanzaro, Italy, PEC:azagrcesarepucci@sicurezzapostale.it (hereinafter the "Seller") The sales platform on the site itself also belongs to the Seller.
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Introduction
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Dear customer, this part of the site lists the conditions governing the sale of food products that you find on this website (the "Products" or the "Products"). We advise you to carefully read the conditions of sale before placing any order provided that, when the customer accesses the online store, he agrees to comply with the terms and conditions indicated below.
The conditions specify in particular the conditions of order, payment, delivery and the management of any refunds of products ordered by the customer and can be consulted at any time on the site, or upon request to the e-mail address: scrivi@ipucci.com; are subject to changes / additions, the version applicable to the purchase made by the customer is the one in force on the date of the order. In this sense, the conditions in force at the time of the order will prevail over any other version of the conditions or other document, unless the parties have agreed specific different conditions in writing.
The validation of an order by the customer implies full acceptance of the specific conditions of the order (products, quantity, price, delivery methods and times, etc.).
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According to Italian law, the conditions of sale vary according to the type of customer (professional buyer, or private consumer) and this is indicated below for each article of these general conditions of sale.
The sale of products to private consumers is made in compliance with the Italian legislation on distance contracts, applying the special legislation referred to in Legislative Decree no. 206 of 2005 (hereinafter the "Consumer Code") and in any case the regulations in force and applicable to electronic commerce.
In any case, it is understood that for the private consumer, customer pursuant to article 1469 bis cc, and article 142 of the Consumer Code, the provisions of the Civil Code on contracts in general will apply with reference to contracts concluded by the private consumer customer, unless derogated from the Consumer Code or other provisions more favorable to the consumer.
ARTICLE 1
applicable to professional clients
Application and acceptance of the general conditions of sale
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These conditions of sale (hereinafter "Conditions of Sale") apply, without limitation or reservation, to all sales made by the Seller to any professional buyer (hereinafter the "Customer") who purchases the products offered for sale by Seller (hereinafter the "Products").
ARTICLE 1
applicable to consumer customers
Application and acceptance of the general conditions of sale
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These conditions of sale (hereinafter "Conditions of Sale") apply, without limitation or reservation, to all sales made by the Seller to any private consumer buyer as long as they are of age (hereinafter the "Customer") who purchases the products offered for sale by the Seller (hereinafter the "Products").
Article 1 (continued)
applicable to professional clients and consumer clients
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The Conditions of Sale specify in particular the conditions of order, payment, delivery and the management of any refunds of products ordered by the Customer. The Conditions of Sale can be consulted at any time on the site, or upon request to the e-mail address scrivi@ipucci.com; are subject to changes / additions, the version applicable to the purchase made by the Customer is the one in force on the date of the order. In this sense, the Conditions of Sale will prevail over any other version of the Conditions of Sale or other document.
The validation of an order by the Customer implies full acceptance of the Conditions of Sale and the specific conditions of the order (products, quantity, price, delivery methods and times, etc.).
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ARTICLE 2
applicable to professional clients and consumer clients
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Products
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Information and product quality
The Seller pays particular attention to the preparation, storage (protected from light and at a controlled temperature) and the quality of the Products offered for sale. All Products are exactly as described in the texts on the website www.ipucci.com. The information of each individual Product contains the essential descriptions of the same.
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Conditions of consumption and conservation
The Seller indicates on the Product label the best term for consumption with the indication "to be consumed preferably within the month xx / year". The photographs of the Products do not constitute contractual documents and are provided for information purposes only.
The Products are stored in optimal conditions and packaged in compliance with strict quality rules.
All products should be kept away from light and stored in a cool place. These conditions must imperatively be respected. The Products and / or the raw materials of the Products are absolutely natural; the product is not subjected to any treatment and normally tends to crystallize (the crystallization of honey is the guarantee of an absolutely natural product, without the addition of preservatives).
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Product Availability
The Seller reserves the right to modify its offer and the range of Products at any time, also in consideration of production conditions, including weather conditions.
The Seller agrees to honor only orders received and accepted through the site www.ipucci.com and / or the exchange of e-mails within the limits of available stocks. Exceptionally, in case of unavailability of the Product, the Seller will inform the Customer via e-mail that his order, even if confirmed by acceptance, is canceled and will refund the Customer the relative amount as soon as possible and in any case within the maximum term of 10 (ten) working days, unless the Customer expressly wishes to refer his order to another Product of the Seller.
ARTICLE 3
applicable to professional clients
Order
All orders must be sent by email to scrivi@ipucci.com indicating the name of the Customer, the complete address of the office, the type of Product, the quantities, the complete details for the delivery and all the details for the billing, the indication of the intra-community VAT number (where applicable) and finally its contact details for every need.
If an error in the contact information provided causes the non-receipt or loss of the Products, the Customer will be required to pay for the lost Products and the Seller will not be required to make any compensation or reimbursement. It is therefore up to the Customer, before validating the order, to verify the accuracy of the information contained in the order and to make the changes.
By validating the order, the Customer declares to have read and accepted the Conditions of Sale and the conditions and terms all provided therein, without any reservation.
The Seller confirms receipt of the order to the Customer by e-mail to the address indicated by the same, summarizing (i) the type of Products ordered and the quantities, (ii) the address, (iii) the date and methods delivery, (iv) billing information, means of payment.
Any order placed by the Customer will be final only from the sending of a confirmation of receipt of the order by the Seller. The sales contract between the Customer and the Seller becomes effective upon confirmation of the order by the Seller.
The Seller reserves the right to cancel or refuse any order received from a Customer with whom there is a dispute over the payment of a previous order or which may present any element of risk.
Any modification of the order by the Customer after the confirmation of his order by the Seller is subject to the prior acceptance of the Seller and must be carried out within a maximum period of 2 (two) days from receipt of the e-mail confirming the order.
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Proof of order
The confirmation of the order by the Seller, as well as any e-mail exchanged between the Seller and the Customer will be considered as proof of the nature, content and date of the transaction in the event of a dispute between the Parties and will be kept by the Seller for the duration required by law.
ARTICLE 3
applicable to consumer customers
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Order
All orders must be placed through the websitewww.ipucci.comwhich implies the simultaneous payment of the Products and shipping with PayPal.
It is possible to purchase Products even without registering on the site, in any case it will be necessary to indicate a telephone number and an email for the order summary.
If the purchase is made without an invoice request, the transaction will be accounted for at the end of the day in the payment register and will be associated, unequivocally, with the order number. In your account (in case of registration on the websitewww.ipucci.com) or in his e-mail the Customer will find the summary of the order made with every detail.
It is however possible to request an invoice during the purchase, by ticking the relevant item in the cart and then opting for PRIVATE or COMPANY, thus entering the required data. The electronic invoice will be sent to you via PEC or in the tax drawer provided at the time of purchase.
ARTICLE 4
applicable to professional clients
Prices and terms of payment
Price
The Products are sold at the prices indicated to the Customer in the order confirmation. The prices are expressed in euros, excluding or including taxes, according to the regime applicable to the Customer (possible registration at VIES for sales made abroad), the VAT rate in force on the day of the order confirmation and, in general, net of shipping costs, except and subject to an explicit derogation arrangement contained in the order.
Prices are subject to review by the Seller at any time and without notice depending on the season, the availability of the Products on the market and the economic conditions.
The Seller will issue an invoice and send it to the Customer.
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Payment
Unless otherwise agreed between the Parties, payment is due by bank transfer (to the bank details indicated in the invoice) within 10 (ten) days from the date of the invoice. In the event of late payment, the amount due will be increased by default interest calculated at the official ECB rate plus 7 percentage points.
In the absence of a bank guarantee by the Customer, or in the event of the bank's refusal, the order will be automatically canceled.
ARTICLE 4
applicable to consumer customers
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Prices and terms of payment
Price
The Products are sold at the prices indicated on the website at the time the order is completed. Prices are expressed in euros, including VAT, excluding transport.
Without prejudice to what is indicated at the time of the Order, the prices are subject to revision by the Seller at any time and without notice depending on the season, the availability of the Products on the market and the economic conditions.
Payment
Payment is due via PayPal upon order confirmation; in the absence of payment, the order will be invalid.
ARTICLE 5
applicable to professional clients and consumer clients
Shipping and delivery
As a rule, the Products are delivered to the Customer through a forwarder and / or a courier. The shipment of the Products will take place only after the confirmation of the order by the Seller. To ensure better - and safer - transport conditions, the Products can be shipped with non-original packaging, but with special packaging that is much safer for remote shipping, including patented and well-known packaging, as well as used and approved by the main international couriers. It is possible to arrange collection by the customer.
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Delivery takes place according to the deadlines indicated (on the website at the time of the order or via e-mail in the case of sales made to professional customers) to the address indicated by the Customer. Except in particular cases or unavailability, the Products ordered are delivered, as far as possible, with a single shipment.
The Seller will do everything possible to deliver the Products ordered by the Customer within the time specified in the order.
If the ordered Products are not delivered within the deadline set in the order confirmation (with a tolerance, respectively, of 5 (five) and 10 (ten) working days depending on whether the shipments are directed to Italy or abroad), and with reference to consumer customers - in compliance with art. 61 of the Consumer Code - in any case no later than 30 (thirty) days from the conclusion of the contract, for any reason other than force majeure or the fact of the Customer, the sale can be terminated at the request of the Customer. The sums paid by the Customer will be returned to the same no later than 10 (ten) working days from the date of communication of the termination of the contract.
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ARTICLE 6
applicable to professional clients and consumer clients
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Receipt of products
The receipt of the Products by the Customer takes place when the Customer (or a person delegated by the same to collect them) enters physical possession of the Products (the "Receipt"). Upon receipt, the Customer must check the condition of the Products, carefully verifying that the packaging of the packages containing the Products is intact, not damaged or altered.
In case of deficiencies, losses or damage, these must be indicated at the Reception, specifying, on the delivery note, the nature and extent of the deficiencies, damage or damage.
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The hills
If at Reception it is found that one or more packages are damaged, the damaged package (s) must not be collected.
It is always necessary to take photos of damaged packages before the transporter leaves. It is necessary to inform the Seller by e-mail of what has occurred at scrivi@ipucci.com attaching a copy of the reservations made on the courier's bill.
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In any case, within a reasonable time not exceeding 72 hours from Receipt, the Customer must inform the Seller of any Product defects in writing (scrivi@ipucci.com); the request must be accompanied by photographs that clearly show the deterioration of the Product. After this deadline, the Seller reserves the right not to accept complaints and the Products delivered can be considered free from any defect.
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If the Customer has complied with the above, the Seller will reimburse the relative cost or replace, at its own expense, the non-compliant or defective Products, immediately or in the next order, based on the agreements that will be made between the Parties in consideration of what happened. .
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Where the collection of the Products is by the Customer (or by his delegate, eg transporter), the same conditions will apply and by Reception we mean the time of collection by the Customer (or his delegate).
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ARTICLE 7
applicable to professional clients and consumer clients
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Transfer of ownership and risks
The transfer of ownership of the Seller's Products to the Customer will take place only upon receipt of full payment of the price and in any case not before delivery.
The transfer of risk will take place, however, on the date of delivery of the Products; starting from that date, the Customer assumes full responsibility for any damage that the Products may suffer or cause to third parties.
In case of transport by the Seller or by a forwarding agent indicated by the Seller, delivery is understood to be that made by the Seller (or his delegate) to the Customer (or his delegate, e.g. forwarder and the Products travel at the Customer's risk.
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ARTICLE 8
applicable to professional clients and consumer clients
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Warranty, disputes and complaints
The Seller warrants that all the Products are originated and manufactured by the Seller. The dates indicated on the label by which it is preferable to consume must be respected by the Customer, provided that the Products are properly stored by the Seller.
In any case, the Customer benefits from the guarantee provided by law for eviction (1483 et seq. Of the Italian Civil Code) and defects in the goods (1490 and subsequent amendments of the Italian Civil Code) within the terms provided therein. Articles. 1494 cc (compensation for damage) and 1495 cc (terms and conditions for action).
For any dispute, complaint or report, the Seller is always available on scrivi@ipucci.com (reply within 48 hours) and available for any comparison and / or clarification every day at the telephone number +39 331 711 1200
It is understood and agreed between the Parties that, in any case,THE SELLER IS NOT LIABLE FOR ANY INDIRECT DAMAGES, HOWEVER CONSEQUENTIAL OR CONNECTED WITH, WITHOUT LIMITATION, TO THE LOSS OF PROFITS, REVENUES OR BENEFITS ARISING FROM ANY BREACH OF THESE Conditions of Sale OR DAMAGES CONSEQUENT TO ANY CLAIM. THIRD PARTY.
ARTICLE 8-bis
applicable to consumer customers
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Withdrawal by the Consumer Customer
The right of withdrawal is reserved for consumer customers who are natural persons - and is therefore not applicable by professional customers, resellers, etc. - for purchases made by them on the sitewww.ipucci.com, which are regulated by the rules on consumer protection in contracts concluded at a distance, by virtue of which the Customer has the right to withdraw from the contract, without any penalty and without specifying the reason.
In particular, pursuant to art. 52 and ss. of the Consumer Code, and without prejudice to the limits on the right to exercise the right of withdrawal pursuant to art. 59 and 47 paragraph 2 of the Consumer Code, the Customer can exercise the right of withdrawal no later than 14 (fourteen) working days from receipt of the Products, under the terms and conditions provided for by Italian law, by registered letter with return receipt indicating the following: order number, invoice or receipt number, the Products subject to withdrawal and the bank details of the current account on which the refund transfer is to be obtained. The Customer can exercise the right of withdrawal, only if the following conditions are respected, inter alia:
- the Products purchased are perfectly intact and unopened and / or damaged;
- the Products are returned in their original packaging;
- the Customer bears the costs of returning the Products and is also responsible for the case of loss or damage to the Products themselves;
- once the Products have arrived at the Seller's headquarters, they will be examined to assess any damage or tampering given that the substantial integrity of the returned Products is an essential condition for exercising the right of withdrawal as per current regulations.
The consumer customer is required to return the goods within 14 (fourteen) days from the date on which he communicated to the Seller his decision to exercise the right of reconsideration.
Once the Products have been received, the Seller informs the Customer whether the withdrawal is compliant or not.
In the event that the terms and methods indicated above have not been respected, the withdrawal cannot be exercised and the Customer will not have the right to reimbursement of the sums already paid. In any case, it will always be possible to request and obtain, at the Customer's expense, the return of the Products for which withdrawal has been denied, in the state in which they were returned. Failure to pay the costs of returning the Products authorizes the Seller to keep the Products, in addition to the sums already paid for their purchase.
If, on the other hand, the right of withdrawal is exercised following the methods and terms indicated above, the Seller will reimburse the sums already collected for the products purchased by the Customer, within a maximum term of 30 (thirty) working days. However, in all cases, this reimbursement does not include shipping costs. Any dispute will be submitted to the Italian jurisdiction.
ARTICLE 9
applicable to professional clients and consumer clients
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Intellectual Property Rights
The domain www.ipucci.com, the Pucci brand and the content of the site www.ipucci.com, of the labels, without limitation, the trademarks, texts, comments, illustrations, photographs and images reproduced are the exclusive property of the Seller and are protected by intellectual property rights. Total or partial reproduction is strictly prohibited, without the prior written authorization of the Seller. Any violation of the aforementioned rights will be protected by the Seller before the competent authorities.
ARTICLE 10
applicable to professional clients and consumer clients
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Applicable law and disputes
These Conditions of Sale are subject to Italian law. In the event of a dispute, before initiating a legal action, the Parties will initiate a preventive attempt to an amicable resolution of the dispute, for the Customer after sending an e-mail to scrivi@ipucci.com, for the Seller at the address indicated in the order.
In the absence of an agreement, after 60 (sixty) days from the date on which the attempt at amicable mediation has been initiated, the Court of Catanzaro will have exclusive jurisdiction.