Terms of sale
Version 1.1 – 01/03/2016
Purpose of the Contract
These terms and conditions shall apply to online contracts of sale concluded between Erre Italia S.r.l.
Registered office: Via Casalbarbato, 129 - 43012 Fontanellato (Parma) - Italy
Corporate headquarters: Via Emilia, 129 - 43012 Sanguinaro di Fontanellato (Parma) - Italy
Telephone +39 0521 825107 - Fax +39 0521 825386 e-mail: firstname.lastname@example.org
Certified E-mail Address PEC: email@example.com
Tax code, VAT and Registration Number 01885950343
Share capital EUR 62.400,00 - R.E.A. CCIAA PR 185720
Owner of the domain and website “www.culatellomania.it”, hereinafter referred to as SELLER and a customer, hereinafter referred to as BUYER, within a distance selling system organized by Erre Italia S.r.l. and subdue to the provisions contained in Legislative Decree No. 21 of 21/02/14.
Goods that have been selected and ordered by the Buyer among those included in the website are the purpose of the online contract of sale. Goods benefit from the legal warranty of merchantability, as provided for by the current regulations. All prices that are quoted on the website are inclusive of taxes. In addition to English, you can use the Italian language to conclude the contract.
Online buying process
For purchases with payment "credit card" does not use the Microsoft Edge browser (Windows 10) as temporarily not compatible with the system of payment.
The user can browse the online catalogue through a menu organized by product categories. By selecting a category you can see the list of products belonging to that category. By selecting a product you can display a data sheet. From the data sheet you can put a product in your shopping cart, entering the desired quantity and selecting the button "ADD TO CART"
In the dedicated space, at the top right end side of the page, you see the symbol of the shopping cart preceded by a number, which is automatically updated and indicating the amount of products selected.
By clicking on the "Cart" symbol, at the top right end side of the page, you see a page that shows the list of goods included in the cart till then. On this page you can change the amount of pieces ordered for each item. You may delete items or change quantities; the "UPDATE TOTAL" button allows you to recalculate the total amount of the shopping cart.
The "CHECKOUT" button allows you to finalize the order. Before continuing, you need to select the appropriate checkbox to indicate that you accept these Terms of Sale. By pressing the "CHECKOUT" button you see a page that allows the user to enter its billing and shipping data.
You can change the amount of pieces ordered for each item also on this page. You may delete items or change quantities; the "UPDATE TOTAL" button allows you to recalculate the total amount of the shopping cart. The user also has the option to choose the shipping method among those available.
Before proceeding, you need to select the appropriate checkbox to confirm that you have read the conditions and authorized the processing of personal data in accordance with the Legislative Decree no. 196/2003.
By selecting the button "PROCEED", you see a new page that displays the order details and the billing and shipping information included. Based on the amount ordered and on the shipping address, the system adds the shipping costs, which are automatically calculated, to the order total.
At the bottom of the page, you can choose the mode of payment among those listed.
By selecting the "CONFIRM WITH THE OBLIGATION TO PAY" button, the order is forwarded to the Seller and the Buyer is bound to pay the amount ordered, pursuant to art. 51 of Legislative Decree no. 21/2014. Upon receipt of payment, the goods will be shipped to the address and by the means of transportation chosen.
If the Buyer chooses to pay by "Credit Card", he will be transferred to the bank site through (Deutsche Bank) and in the Bank’s protected environment he/she will be able to enter the data of his/her credit card. At the end of the process, if the transaction is successful, you will see a specific screen shot, and a payment confirmation will be communicated to the Seller.
But if the Buyer chooses to pay by "Bank transfer", after confirming the order, he will display a page containing the details required to make the bank transfer.
In the reason for payment it must be clearly indicated the "Order Number", assigned when confirming the order and shown in the answer screen and in the confirmation email, together with the Name and Surname or the Company Name of the Buyer.
Payment must be received within 14 days from the date of confirmation, after that the order will be declared void.
The Buyer undertakes, before sending the order, to read carefully these terms and conditions and to print and store them, as they fulfill the information requirements referred to in the art. 49 of Legislative Decree no. 21/2014.
You can print it pressing a button at the end of the document.
The conclusion of the online purchase process requires the examination and acceptance of the following terms and conditions.
It is forbidden to enter false and/or fantasy data in the registration process required for the execution of this contract. Personal data and e-mail address must correspond exclusively to the one of the Buyer and not to that of a third party.
The Seller will deliver the ordered goods to the courier for shipment within fourteen days after the certified payment has been transmitted by the bank. In any case, the Seller shall fulfill his obligations when the delivery is made within the due date provided for by art. 61 of Legislative Decree no. 21/2014.
If the goods required are temporary unavailable, the Seller will inform the Buyer within thirty days subsequent to the date of conclusion of the contract and will refund any money already paid for the supply. The supplier will fail to fulfill the terms of the contract if he/she makes a supply which is different from the one required, even if the value and quality of goods are equivalent or higher.
Right of withdrawal
The Buyer, in accordance with Article 49 of Legislative Decree no. 21/2014, is entitled to terminate the contract without specifying any reason within 14 days. The withdrawal period expires after 14 days from which the Buyer or a third party, other than the carrier and indicated by him/her, acquire the physical possession of the goods.
In the case of a contract relating to multiple goods included in one order and delivered separately, the period accrue from the day on which the Buyer or a third party, other than the carrier and indicated by the purchaser, acquires the physical possession of the last good.
Pursuant to the article 59 of Legislative Decree no. 21/2014, the Right of Withdrawal is excluded in relation to:
- supply of custom-made or clearly personalized goods;
- supply of goods which are liable to deteriorate or expire rapidly;
- supply of sealed goods which are not suitable for return due to hygiene reasons or health protection and were unsealed after delivery.
In order to exert the right of withdrawal, the Buyer must inform the Seller of his decision to withdraw from the contract by means of an explicit statement, e.g. a letter sent by recorded delivery letter, registered letter, certified letter., telegram, fax, e-mail, certified mail (PEC) to the addresses shown below:
Erre Italia S.r.l.
Via Casalbarbato, 129 - 43012 Fontanellato (Parma) - Italy
Telephone +39 0521 825107 - Fax +39 0521 825386 - e-mail: firstname.lastname@example.org
Certified e-mail PEC: email@example.com
You can use the attached model withdrawal form, but it is not compulsory. In order to comply with the withdrawal period, it is sufficient for the Buyer to send his/her communication concerning his/her exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal
If the Buyer terminates the contract, the Seller will refund all payments made, including the delivery costs without undue delay and in any event not later than 14 days from the day on which he will be informed of the termination. Such refunds will be made using the same payment method used for the initial transaction, unless the Buyer has expressly agreed otherwise. In any case, the Buyer will not incur any costs as a result of such refund.
The Buyer must return the Goods or hand them over to the Seller to the following address
Erre Italia S.r.l. Via Emilia, 129 - 43012 Sanguinaro di Fontanellato (Parma) – Italy
Telephone +39 0521 825107 e-mail: firstname.lastname@example.org
without undue delay and in any event within 14 days from the day on which he/she announced the withdrawal. The deadline is met if the Buyer sends back the goods before the expiry of the period of 14 days. The direct cost of returning the goods will be borne by the Buyer. The price depends on the weight of the goods and is estimated to be equivalent to a maximum of approximately EUR 15.00.
The Buyer is only liable for the diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods (Article 57 of Legislative Decree no. 21/2014).
Limitation of Liability
The Seller does not assume any responsibility for reasons of force majeure such as accidents, explosions, strikes and lockouts, earthquakes, floods and other similar events which could prevent him/her from executing the contract, in whole or in part, within the agreed timelines.
Applicable Law, Jurisdiction and Competent Court
Any dispute relating to the application, implementation and interpretation of this agreement is subject to the Italian law and jurisdiction.
For the resolution of disputes that may arise from the exact implementation of this agreement, it is possible to resort to mediation procedures, pursuant to Legislative Decree no. 28 of 4 March 2010. Without prejudice to the possibility of using the voluntary and equal negotiation procedures referred to in Article 2, paragraph of the same Legislative Decree no. 28 of 4 March 2010.
Pursuant to art. 66-bis of Legislative Decree no. 21/2014, for civil disputes relating to the implementation and execution of this online contract, the binding territorial jurisdiction belongs to the judge of the place of residence or domicile of the Consumer, if located in the territory of the Italian State. If Consumer’s residence or domicile is not located in the territory of the Italian State, the competent Court will be the Parma Tribunal.