1 – GENERAL INFORMATION
These General Conditions of Sale (hereinafter “General Conditions”) are drawn up in compliance with the legislative provisions of the Civil Code, Legislative Decree no. 70 of 09.04.2003 on information society services and electronic commerce and Legislative Decree no. 206 of 06.09.2005 (so-called Consumer Code), and, in particular, Chapter I of Title III of Part III (Articles 45 to 67) and Community Regulation 1169/2011/EU, and regulate the offer and sale of products through the website. www.caseificiodilascio.com
1.1 The General Conditions apply to and regulate all sales contracts concluded through the Caseificio Di Lascio website, hereinafter identified as “the Seller”;
1.2 The General Conditions may be subject to change at any time; each User, therefore, is required to consult the aforementioned conditions before proceeding with any purchase;
1.3 In any case, the version of the General Conditions in force on the date the purchase order is sent will apply to each sale.
2 – PURCHASES ON THE SITE
2.1 The purchase of Products on the Site is reserved for natural persons acting as consumers and who are over the age of eighteen;
2.2 A consumer is defined as a natural person acting for purposes outside of any commercial, entrepreneurial, craft or professional activity he or she may carry out;
2.3 Purchases made through the Site imply that the User fully understands and accepts, without reservation, the General Conditions.
3 – INFORMATION REQUIRED FOR THE CONCLUSION OF THE CONTRACT
3.1 To purchase online, the User must fill out the appropriate form on the Site;
3.2 The User is prohibited from entering any data that is untrue, in whole or in part; the personal details and email address provided must, therefore, be personal and real, and not those of third parties and/or fictitious;
3.3 By completing the form, the User certifies, under his/her own exclusive responsibility:
the accuracy and truthfulness of the data requested to activate the service;
of having reached the age of eighteen;
to act as a consumer.
3.4 As required by law, before confirming the order, the Seller will make available to the User all the information referred to in art. 49 of the Consumer Code;
3.5 To complete each order, the User is required to confirm the financial transaction for the payment of the Products added to the cart; to this end, at the end of the Product selection process and confirmation of the User’s data, the Site redirects the User to the page dedicated to the financial transaction;
3.6 Orders that do not record the corresponding financial transaction are automatically cancelled;
3.7 Once confirmation of the validity of the payment method indicated in the order and confirmation of the order itself have been received, the Seller will send the User, via email, to the email address provided when completing the form, a written confirmation of the order, as required by art. 51 paragraph 7 of Legislative Decree no. 206/2005;
3.8 The offering of Products through the Site constitutes an offer to the public pursuant to art. 1336 of the Italian Civil Code; completing and correctly submitting an order through the Site therefore implies acceptance of the aforementioned offer. The contract is therefore considered concluded when the Seller receives knowledge of the User’s acceptance, formalized via the order form referred to above;
3.9 The Seller, however, reserves the right not to accept the order in the event of failure to authorise payment by credit card by the relevant manager;
3.10 The User, in any case, is always required to keep the order number communicated to him by the Seller, as this must be indicated in any communication with the Seller;
3.11 The language available for concluding a sales contract through the Site is Italian;
3.12 The User undertakes, once the online purchase procedure has been completed, to ensure the conservation of the General Conditions, which, moreover, he/she will have already viewed and accepted, as an obligatory step in the purchase procedure;
3.13 In the event of non-acceptance of the order, the Seller will promptly notify the User by email.
4 – PRODUCT AVAILABILITY
4.1 The Product catalogue may be periodically updated by the Seller, who, therefore, does not provide any guarantee regarding the permanence of a product among those available online; under no circumstances does the Seller guarantee the availability of all the Products present in the catalogue;
4.2 In the online catalog, each product is accompanied by a descriptive sheet illustrating its main characteristics; however, the images and colors of the Products in the descriptive sheets may not faithfully correspond to the actual colors due to the settings of the computer systems or devices used by the User to view the Site. The published images, therefore, should be considered indicative and are subject to normal usage tolerances;
4.3 If, even if selectable via the order form, the chosen product is not available, the Seller will promptly notify the User by email, providing information regarding the time required for delivery of the ordered product.
5 – PRICES, PURCHASE CONDITIONS AND PAYMENT METHODS
5.1 Sales prices are those published online at the time the order is placed and include VAT, but exclude shipping costs (see Article 7). They do not include any taxes, duties, or other financial and/or fiscal charges applicable in the country of destination of the products, if this is different from Italy, which will be borne exclusively by the customer. Prices are expressed in euros.
5.2 Prices listed in the online catalog are subject to change without notice. It is therefore the User’s responsibility to verify the final price before placing the purchase order;
5.3 The Seller also reserves the right to apply different sales prices depending on the country of delivery of the Products;
5.4 Payment for the Products can only be made through PayPal with any Credit Card (e.g. VISA, MASTERCARD, PAYPAL, AMERICAN EXPRESS, VISA ELECTRON, MAESTRO).
6 – ORDERS
It is possible to purchase from the Caseificio Di Lascio website every day but please note that:
For orders placed by 9:30 a.m. Wednesday, delivery is expected within 24-48 hours. For islands, delivery is expected within 48-72 hours.
Orders placed from Wednesday (after 9:30 am) until Sunday will be processed and delivered starting the following Monday.
Order processing times are provided for information purposes only; they do not constitute a contractual obligation, and may be extended depending on the number of requests.
7 – SHIPMENTS
7.1 Shipments are made throughout Italy;
7.2 To ensure the freshness of the products, shipments will be made from Monday to Wednesday;
7.3 Shipping has a fixed cost of €11;
7.4 For shipments abroad:
We recommend Mondays and Tuesdays. Delivery times of 2-3 days are not guaranteed.
8 – DELIVERY METHODS, COSTS AND OTHER CHARGES
8.1 The Products are delivered, via contracted couriers, directly to the User, at the shipping address specified by the User during the order phase;
8.2 Delivery is expected within 24/48 hours (this applies to all orders placed before 9:30 am on Wednesday);
8.3 Product delivery times vary depending on the destination;
8.4 Delivery of the Products is deemed to be complete when the consumer, or a third party designated by the consumer and other than the carrier, physically takes possession of the goods; from that moment, as required by law, the risk of loss or damage to the Products, for reasons not attributable to the Seller, is transferred to the User.
9 – USER OBLIGATIONS UPON DELIVERY
9.1 The User acknowledges that the collection of the Products represents an obligation deriving from the sales contract concluded with the Seller;
9.2 In the event of non-delivery due to the recipient’s absence during the attempts foreseen by the procedure applied by the courier, the package will remain in storage and it will be the User’s obligation to collect it;
9.3 If the User does not collect the package in storage, the Seller will be released from any liability and the costs of storage and redelivery to the recipient will be charged to the buyer;
9.4 If the User does not collect the package in storage and intends to request delivery of the Products, he/she will necessarily have to proceed with a new order;
9.5 Upon receipt of the Products, the Customer is required to verify their conformity with the order, paying particular attention to:
the number of packages indicated on the carrier’s letter corresponds to the number of packages actually delivered;
the packaging is intact and not damaged or tampered with.
9.6 Any anomalies (such as, for example, tampering, damage to the packaging) must be specifically indicated in writing directly on the courier’s transport document, and the User must refuse delivery;
9.7 The User is therefore invited to sign the transport document only after the checks referred to in art. 9.8;
9.8 If the User does not proceed in accordance with the preceding points, and, therefore, accepts delivery of the Products even in the case of damaged or tampered with packaging, the User will forfeit the legal guarantee of conformity of the Products;
9.9 Once the courier’s document has been signed, the User will not be able to raise any dispute regarding the delivery.
10 – RIGHT OF WITHDRAWAL
Pursuant to art. 62 of Law 27/2012, it is specified that the products on sale on the web portal
www.caseificiodilascio.com falls within the category of “perishable food products.” Therefore, pursuant to Article 59, letters c), d), and e) of the Consumer Code, given the particular nature of the goods offered for sale, the provisions regarding the customer’s right of withdrawal do not apply.
11 – WARRANTY OF CONFORMITY
11.1 All Products sold through the Site enjoy the legal guarantee of conformity established by Articles 128 et seq. of the Consumer Code, applicable, in any case, only to the consumer;
11.2 Pursuant to the law, the Seller is obliged to deliver to the User goods that comply with the sales contract;
11.3 The Seller is liable towards the User for any defects of conformity of the Products existing at the time of delivery of the aforementioned, which must be appropriately reported within the day following delivery to the address ordini@caseificiodilascio.com specifying in the subject of the email “complaints order N°______”;
11.4 Any defects or damage caused by accidental events or by the User’s responsibility or by use of the Products that is not in accordance with their intended use, or by normal wear and tear, are excluded from the lack of conformity and, therefore, from the legal guarantee.