GENERAL ONLINE SALES CONDITIONS
The products under these general sales conditions are sold by the company ROMANI SILVANO SRL, with registered office in PARMA, VIA PARADIGNA 169, as registered in the Companies Register at the Chamber of Commerce of PARMA under no. 158485, VAT no. 01500940349, hereinafter the “Company”.
Article 1: Definitions
✓ General sales conditions means these general sales conditions.
✓ Company means the Seller.
✓ E-commerce/website means the web platform “shop.silvanoromaniparma.it” that is used to provide the service.
✓ Product(s) means food and other products of various brands.
✓ Consumer means any individual intended to be the final user of the product, as defined in Italian Legislative Decree D.Lgs. 206/2005.
✓ Client/Purchaser/You/Your means any person falling outside the “Consumers” category.
✓ Service means the online sale of food products of various brands.
Article 2: General terms
a) The terms and conditions laid down below (“General Sales Conditions”) form an integral part of the contracts stipulated between the Company and the Purchaser for the provision of the product (“Product”).
b) These general sales conditions fully apply to each order and to all sales.
c) The emailing or delivery of a purchase order by the Purchaser to the Company shall imply the Purchaser accepting, in full and without any reservations, the general sales conditions of the Seller, even in cases where the latter has failed to subscribe them. These general conditions are available on the following website: shop.silvanoromaniparma.it.
d) The Company reserves the right to change, supplement or modify the General Sales Conditions and to add such changes to its offers or to any correspondence sent to the Purchaser in writing.
e) The Company makes available to the Purchaser the following customer care email address for information: [email protected]
Article 3: General terms
3.1. These general sales conditions apply to persons defined as “Consumers” in Italian Legislative Decree D.Lgs. 206/2005 who purchase the product through the e-commerce website - shop.silvanoromaniparma.it - and use it for private purposes only, as well as to persons who do not fall under the “Consumers” category.
3.2. By placing the order the purchaser confirms having carefully read and accepting all the general sales conditions specified herein.
Article 4: Subject of contract and service
4.1. The Company uses its website shop.silvanoromaniparma.it for the online sale of food and other primary products of multiple brands.
4.2. The essential features of the products are explained in specific product sheets.
Article 5: Finalisation of the contract
5.1. Orders placed by the purchaser shall be intended as proposals sent to the Company for the purchase of the selected products, based on these general sales conditions. The contract shall be deemed as finalised only after the proposal is accepted by the Company (acceptance) by way of a feedback/acceptance email or whenever the order is fulfilled even in case of failing feedback/acceptance email.
Article 6: Prices and availability
6.1. The price of the products shall be as specified in the relevant product sheets and it shall be paid by the purchaser either in advance or with cash on delivery, according to the payment terms herein.
6.2. Although the Company shall make all efforts to ensure that the products on the website are always available, it cannot guarantee that this will be the case when each individual order is received. Where the product is not available, an email shall be sent to reject the order and any amount paid in advance for the selected and ordered product shall be refunded, in accordance with the provisions of the Applicable Legislation and with the payment terms, by either wire transfer or by crediting the amount on the credit card used for the purchase.
Article 7: Purchase procedure
The purchase procedure to be followed by the purchaser consists in the following steps:
a) add the product to the cart;
b) log in to the website;
c) enter the billing data;
d) enter the shipping data;
e) select the payment method:
- credit card - in this case the purchaser shall specify the details of the credit card from which money shall be taken at the time of order acceptance or order fulfilment;
- wire transfer;
- cash on delivery;
g) finalise the order.
N.B. By accepting the terms and conditions of sale, the buyer requests automatically the issue of the invoice
Article 8: Purchaser’s representations
8.1. The purchaser declares having the age of majority and the capacity required to sign a contract between the Parties having the force of law and s/he represents that the information provided at the time of order placement is up to date, accurate and sufficient for order fulfilment.
8.2 The purchaser declares having the age of majority and the capacity required to buy alcohol and spirits.
Article 9: Prices and payment terms
9.1. The payment shall be effected in advance, as specified below.
- The Company shall debit the final amount on the credit card at the time of order acknowledgement or order fulfilment.
- The Company reserves the right to check that advance payments made by credit card or wire transfer are regular.
- In the event of payments by credit card, the connections to the banking system shall take place in a safe environment and they shall also provide for greater safety than during regular daily use. The system is, in fact, designed so that data pertaining to the credit card holder is given directly to the bank, and not to the online store.
- For greater consumer’s safeguard the Company shall not receive any data relating to the credit card.
Article 10: Payment method
10.1. Credit card - the Company accepts the credit cards below: VISA, MASTERCARD, AMERICAN EXPRESS, etc. or any other prepaid card, including POSTEPAY, as well as prepaid cards belonging to the Visa Electron circuit through the PayPal payment gateway.
Alternatively, the payment may be effected by wire transfer or with cash on delivery (up to 250€ with an extra charge of 5€).
10.2 If the order is cancelled before its acceptance or fulfilment and after the payment has been made, a request shall be filed to cancel the transaction and to write off the paid amount, excluding the bank charges for the transaction. With regard to the above, the Company informs and the purchaser accepts that the release times exclusively depend on the banking system. When the transaction is cancelled, the Company shall in no way be liable for delays and/or damage caused by the banking system.
Article 11: Product delivery and risk of goods loss
11. 1. Unless otherwise agreed, goods shall be supplied ex works (as per valid INCOTERMS). The Company is entitled to carry out partial and/or split deliveries of the goods.
11.2. The delivery terms specified in the Order Acknowledgement are not essential terms, unless otherwise agreed explicitly in writing.
11.3. Force majeure events (i.e. any circumstance outside the seller’s control such as fire, strikes, production system malfunctions and breakdowns, road blocks, delays or defects in sub-suppliers’ deliveries as a result of circumstances referred to this clause) or other extraordinary or unpredictable circumstances suffered by the Company or its suppliers (including, but not limited to, delays in production, product non conformities with the information on the product sheet, as identified following specific analyses performed at accredited laboratories, etc.) shall cause the delivery terms to be suspended, without any liability for the Company.
11.4. Where a delay is experienced in goods delivery for reasons other than force majeure or unpredictable events and such delay exceeds 30 (thirty) days, the Purchaser shall object to such delay against the Company in writing and the Company shall have a term of 30 (thirty) additional days to deliver the goods.
11.5. The purchaser shall not be entitled to any compensation for damages. The provisions above also apply to split deliveries.
11.6. The Company shall not be liable for damage experienced as a result of advanced or delayed delivery, either totally or partially.
11.7. Pursuant to Art. 63, para. 1, of the Consumer Code, the risk in connection with shipping is vested on the seller until the goods are delivered to the customer/consumer. Paragraph 2 of art. 63 points out that the risk of product damage and deterioration is transferred to the customer/consumer upon delivery by the carrier only if (where provided) the customer selected the carrier and the latter is not one of those recommended at the time of goods purchase.
11.8. The transfer of risks shall relieve the Company from any liability relating to goods loss or other damage the goods may suffer.
Article 12: Right of withdrawal
12.1. The right of withdrawal only covers Consumers, i.e. natural persons acting outside their business capacity, as defined in Italian Legislative Decree D.Lgs. 206/2005.
12.2 The right of withdrawal is excluded with reference to the assumptions laid down in Art. 59 of Italian Legislative Decree D.Lgs. 206/2005, in other words in the following cases, which are relevant hereunder:
a) the supply of goods made to the purchaser’s specifications or clearly personalised;
b) the supply of goods which are liable to deteriorate or expire rapidly (goods like those contemplated herein supplied by the Company);
c) the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
d) the supply of goods that, after delivery, according to their nature, are inextricably mixed with other goods;
e) the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after thirty days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the trader.
12.3. Excluding the assumptions above in which the right cannot be exercised, the right of withdrawal shall be exercised no later than 14 (fourteen) days from goods receiving, by registered letter with acknowledgement of receipt or via email.
12.4. The notification of withdrawal shall be deemed to have been sent on the day the registered letter with acknowledgement of receipt or the email are actually mailed.
12.5. Purchasers exercising their right of withdrawal shall be entitled to a refund of the product price, without any penalty, excluding shipping/collection charges which are at their costs.
12.6 All withdrawal notifications shall be signed and addressed to: “Romani Silvano Srl - Attn E-commerce Office” - Via Paradigna n. 169, 43122 Parma (Italy)”.
12.7. It is understood that where the purchaser exercises the right of withdrawal, as explained above, s/he shall return the product undamaged, untouched and in perfect condition and s/he shall take any necessary precautions to preserve the product whilst in his/her possession and to keep it in its original packaging, in addition to sending it back to the seller no later than 14 (fourteen) days after exercising his/her right of withdrawal, making sure that the product is delivered successfully. The purchaser shall pay all shipping costs incurred for goods return.
12.8. Products shall be returned directly to the Company. The price of the product shall be refunded within 14 (fourteen) days from the date in which the goods are received by the Company in undamaged and perfect condition.
Article 13: Product receiving
13.1. The purchaser shall commit to and be responsible for checking the products at the time of their delivery, as well as verifying that the product condition is satisfactory with respect to the features specified in the relevant product sheet, and that the products are complete.
13.2. Without prejudice to the above, the Company shall not be liable and the purchaser shall in no way be entitled to reject the products, unless product defects or flaws (that are not attributable to the purchaser’s behaviour or conduct or to product receiving) are notified in writing after product delivery and a product inspection by the Purchaser, as described and addressed in Art. 12 herein, and in any case, under penalty of forfeiture, no later than 8 (eight) days from defect identification. Product acceptance without reservations by the purchaser shall void any and all liability for potential existing damage or flaws.
13.3 Although the products sold are food products, they are covered by the legal guarantee of conformity, pursuant to art. 128 and others of the Consumer Code, by virtue of which the seller is responsible to the consumer for any lack of conformity existing when the goods are delivered. Where a lack of conformity is identified, the consumer shall be entitled, at his/her discretion and on condition that the type of product allows so, to have the product restored to its original condition, cost-free, by way of repairing or replacing it, to receive a suitable price discount or to terminate the contract.
Article 14: Product illustrations and tolerance
14.1. All product descriptions, illustrations, representations, details, dimensions, performance data and any other information available on the website shall be intended as general illustrations of the products and they shall not form a guarantee or a declaration of product conformity to such illustrations.
14.2 The weights of the products displayed on the website shall have a tolerance of +/- 8% in connection with the possible loss in weight and/or the inability to guarantee a fixed weight by the producer.
Article 15: Notifications
15.1. Any notification or notice in connection with the conditions herein shall be served by registered letter with acknowledgement of receipt to the address(es) specified in item 12.6 herein.
15.2. The last address or contact notified by the purchaser shall be the address to which notifications concerning legal proceedings under the Applicable Legislation shall be served before an address for service is designated.
Article 16: Regulations on privacy and the processing of personal data
16.1. The Purchaser’s personal data shall be processed as set out in the legislation concerning the processing of personal data (Italian Legislative Decree 196/2003, Regulation (EU) 2016/679). The Company hereby informs the Purchaser that the Company is the Data Controller and the Purchaser’s personal data shall be collected and processed exclusively for the purpose of performing this contract.
Article 17: Jurisdiction
17.1. The court of jurisdiction for the “Consumer”, to be intended as the final user, is the local court in the Consumer’s place of residence and the related dispute-resolution bodies, as set out in the Applicable Legislation.
17.2 If the Purchaser does not fall within the “Consumers” category, as defined in and pursuant to Italian Legislative Decree D.Lgs 206/2005, the Court of Parma shall be the exclusive court of jurisdiction.
17.3 Consumers having their place of residence in Europe should be informed that the European Commission has set up an online platform which is intended to provide an alternative tool for the resolution of disputes. European consumers can use this tool for the extra judicial settlement of any dispute arising from sales contracts of goods and services stipulated online and/or resulting therefrom. Based on the above, if you are a Consumer based in Europe, you can use this platform to settle any dispute arising from an online contract you have stipulated on this website. Follow the link to access the European “ODR” platform: https://webgate.ec.europa.eu/odr.
Article 18: Final provisions
18.1. Where an individual provision of these General Sales Conditions becomes invalid, either totally or partially, the remaining provisions shall not necessarily become invalid.
18.2. These General Sales Conditions are drawn up in Italian.
18.3. Reference should be made to the existing legislation for any matter that is not governed by these General Sales Conditions.