Terms and Conditions of Sale
To complete the General Conditions (“General Conditions”) of our Website (www.gavassetoeroncadella.it), we hereby provide the conditions (“Conditions of Sale”) that regulate your purchases of products on the Website and your relationship with us at Caseificio di Gavasseto e Roncadella Soc. Coop. Agr. (VAT No. and Tax ID 00134470350), with Registered Office in Via Muti 2, 42122 – Gavasseto (RE) (“Us” or “Gavasseto e Roncadella Dairy”).
- To place an order (“Order”), select the products you want to buy. You can do so by either:
– using the “Add to cart” button that you see below each item on the “Products” page of the Website;
– using the “Add to cart” button on the description page of each product.
To proceed with your Order, the items in your Cart must be worth minimum €50 (fifty euros). If you do not reach the minimum amount, the system will not allow you to place your Order.
- Once you have made your selection, go to your Cart: we will start by asking you to provide the delivery address and any promotional code you may have in order to calculate the total amount in the Cart (including delivery fees, if relevant, and detracting any applicable discounts). If you are happy to proceed, use the “Proceed with your Order” button.
- You may place your Order as a Registered Customer (logging into your account) or as a Guest User (in which case you will have to enter the delivery details). In any case, to place your Order we ask you to:
- Enter or amend your billing details and any additional instructions for the delivery;
- If you require an invoice for your Order, “tick the relevant box [“Do you need an invoice? (optional)”] in the form and fill in the relevant fields (providing your Tax ID and VAT No., the unique code for electronic billing and your PEC, i.e. certified email address);
- choose a method of payment;
- tick the box to confirm that you accept the Conditions of Sale;
- press the “Send Order” button.
Please always double check your data and your order. Remember that:
- we will contact you using the details and addresses you provided. If the data you provided is incorrect, we will not be responsible for you not receiving our communications or your delivery;
- once you have placed your Order, without prejudice to the right of withdrawal in article 8 herein, you will not be able to amend it or cancel it; however, we reserve the right to assess requests for amendments and/or cancellations on a case-by-case basis.
- If the payment is successful:
- you will see the message “Order Saved”;
- we will send you a confirmation email – at the address you provided in your order – with a summary of your order (products, prices, total price and payment method, “Order Confirmation”).
A copy of your Order and of the Order Confirmation will be stored in our electronic database. A paper copy of the receipt or the invoice will be delivered together with your Order.
- CONTRACT FINALIZATION
- The sale contract (“Contract”) will be finalized only once the entire Order procedure is completed correctly – with no errors reported by Us– and you receive confirmation – at the email address you provided – that your Order is being dispatched (“Dispatch Confirmation”).
- PRODUCT AVAILABILITY
- At the time of the Order and until you receive a Dispatch Confirmation, the products on the Website may become temporarily or indefinitely unavailable through no fault of our own.
- We strive to process all Orders for which we have sent an Order Confirmation, but we cannot guarantee and decline responsibility for the delivery of Orders pertaining to Contracts that were not finalized (for which no Dispatch Confirmation was sent).
- If the products you selected become unavailable, even temporarily, we will inform you of the possibility to replace them with products of the same or of greater quality and value. Should you not be interested in ordering any substitutive products, we will refund any amount you already paid.
- In this context, we reserve the right to remove at any time the products shown on the Website and to remove or modify any of the materials or contents on the Website.
- PRODUCT REPRESENTATION AND DESCRIPTION
- As products are made artisanally, the images published on the Website, despite being accurate, are merely representative of the products; therefore, elements of the products delivered may differ (e.g. dimensions, colour, cut) from those shown on the Website.
- To verify the correspondence between the products ordered and the products received, we ask you to refer not to the images on the product information page, but to the description in the contract documents (the Dispatch Confirmation in particular).
- Please note that the weight of the products received may differ slightly from the weight selected.
- The prices applicable to the products are those published on the Website and are shown in euros (€) and include VAT (“Prices”).
- Products on the Website may be shown at the wrong Prices. In the rare eventuality this should happen, we will contact you before sending you the Dispatch Confirmation to inform you of the error and make sure you still wish to proceed with your purchase. Should you not wish to proceed, we will cancel the Order and refund any amounts already paid.
- Product Prices do not include delivery fees, as provided in article 8 ‑ Deliveries herein. Delivery fees will be added, as applicable, to the Order and in every document issued thereafter.
- The Prices shown on the Website are subject to variations; however, changes will not affect Orders for which a Dispatch Confirmation has already been sent.
- For purchases on the Website we accept the following methods of payment:
- credit and debit cards (Visa, Mastercard, American Express);
- bank transfers using the bank details shown in the Order form;
- promotional codes issued by us, which must be entered in the appropriate field during the Order process. Please note that promotional codes offer a discount on the total Price of the products (delivery fees excluded). Discounts may be fixed or a percentage of the amount spent, as explained at the time the promotional code was issued. The validity of promotional codes is limited to the promotion period. In particular, the codes published on the Website – on significant anniversaries or special occasions – can be used by midnight on the day they are published. Each promotional code can be used for one purchase only.
- By selecting “Make Payment” during the Order process, you confirm that you are the card holder or the account holder of the payment method chosen.
- Regardless of the payment method chosen, Prices (and delivery fees) will be debited at the end of the Order process.
- RIGHT TO CANCEL
- If you have purchased the products on the Website as a Consumer – a natural persons acting for purposes which are primarily outside their trade, business, craft or profession – you have the right to cancel your Order without the need to provide a reason and at no cost (except the cost of returning the product).
- To this end:
- within fourteen (14) days from receiving the last product included in your Order, you must notify your intention to exercise your right of withdrawal and cancel the Order by contacting Us at the following addresses (“Cancellation Notice”):
- via regular mail at your expense:
Caseificio di Gavasseto e Roncadella Soc. Coop. Agr.
Via Carlo Forlanini 2,
42122 – Roncadella – Reggio Emilia;
- via email: firstname.lastname@example.org.
- as soon as possible, and in any case within fourteen (14) days from sending the Cancellation Notice, send back – at your own expense – the products part of the cancelled Order, in their original packing and with all the documents originally included, to:
Caseificio di Gavasseto e Roncadella Soc. Coop. Agr.
Via Carlo Forlanini 2
42122 – Roncadella – Reggio Emilia.
We would appreciate if, once you have sent the returned goods, you could provide proof of dispatch by sending an email at the above-mentioned addresses.
- Please note that when returning goods, you will be responsible for:
- the content of the package with the returned goods. If you return products that do not match those in the cancelled order, we will have to charge you for the cost of sending any products wrongly returned back to you;
- the reduction in value of the returned goods caused by handling the products, except if required to establish their nature, characteristics, and function;
- damage or alteration of the returned goods.
- The following products cannot be returned:
- personalized items;
- sealed goods that for hygienic reasons cannot be returned and have been opened after the delivery (including food).
- We will refund the value of the Order (including the delivery fees shown in the Dispatch Confirmation) only if you have met the conditions in the provisions above.
- On the Website you can submit Orders to be delivered in Italy only.
- Delivery fees vary depending on the destination and the type of delivery requested, as shown in the table below:
|Italy, Calabria and Islands excluded||€6 for orders up to €139,99 Free delivery for orders worth €140 or more|
|Calabria and Islands||€7 for orders up to €139,99 Free delivery for orders worth €140 or more|
- We reserve the right to apply a discount on the delivery fees for Orders whose total cost (to which a discount has already been applied) is above a certain limit. Therefore, please look out for promotional banners on the Website and check the summary of your order in your Cart.
- For deliveries outside Italy, please send an email to email@example.com for a free quote.
- Delivery times vary between 24-48 hours and 5 working days, depending on the country of destination.
- PASSING OF OWNERSHIP AND RISK
- You acquire ownership of the products described in the Dispatch Confirmation the moment they are sent, i.e. as soon as they are handed over to the carrier.
- However, the risk of the products being damaged or lost passes to you when you receive the products – including if you delegate a third party to collect the products from the carrier on your behalf.
- STATUTORY GUARANTEE
- The products sold on the Website are protected by mandatory statutory guarantee, which covers any nonconformity existing at the time the product is delivered.
- The statutory guarantee covers nonconformity detected within two (2) years from the delivery, as long as the nonconformity is reported within two (2) months from the day it was detected.
- A purchased product is non-conformant if:
- it does not conform to the description provided and lacks the qualities shown on this Website.
- it is not fit for the use for which it is intended;
- it does not have the qualities and characteristics which products of the same type can reasonably be expected to have, considering its nature and, if applicable, its specific characteristics.
- If any of the conditions in the above provision apply, you have the right to either obtain a replacement free of charge, or a reduction of the price, or cancel the Order. You may cancel your Order only if:
- the product cannot be replaced or a replacement would be too expensive;
- we have not replaced the product within a reasonable amount of time;
- the replacement caused you considerable inconvenience.
- If you detect a nonconformity, please:
- send immediately an email to firstname.lastname@example.org, quoting all the details of the product you purchased (Order date and number, your delivery details) and describing the nonconformity;
- return the product – so we can verify the nonconformity – to:
Caseificio di Gavasseto e Roncadella Soc. Coop. Agr.
Via Carlo Forlanini 2
42122 – Roncadella – Reggio Emilia
- We will examine the returned product carefully and let you know our conclusions within a reasonable amount of time.
- If we verify the defect and nonconformity of the product, we will send you an email. During the following fourteen (14) days we will make available the remedies mentioned above free of charge – doing our best to meet, if objectively possible and not too onerous, any requests you may have – and we will refund the delivery fees you paid to return the product. In any case, the product (the replacement product or the product returned by you to be examined) will be sent to the address you provided in the Order. You may change the delivery address, subject to article 8 – Deliveries herein; in this case we reserve the right to charge you the relevant delivery fees.
If we verify the defect and nonconformity of the product, and if you have requested a refund, we will refund the amount using the same method of payment you used to place the Order.
- It is worth reminding that a slight defect for which it is not possible or excessively onerous to replace the product (for example non-substantial differences between the products purchased and their images and descriptions) is not sufficient for a nonconformity claim; therefore, does not justify cancelling an order.
- Within the limits set by the law, we exclude any other additional and non-mandatory warranty.
- Except in the case of intentional or grossly negligent acts, we are not liable for any losses, lost earnings or damages that were not immediately and directly caused by our proven failure to comply with the obligations or were unforeseeable at the time the contract was finalized.
- Your feedback – as long as constructive – is important to us, because it helps Us improve and make our services more efficient and in line with the needs of our customers. To this end, we encourage you to send your feedback via email to: email@example.com.
- FORCE MAJEURE
- We shall not be liable for delays or failing to meet the obligations set in these Conditions and in any related Contracts due to force majeure (“Force Majeure”).
Force Majeure refers to any acts, events, omissions, or circumstances beyond our control, including but not limited to:
- strikes, lock-outs, industrial action;
- riots, rebellions, invasions, terror attacks, declared and undeclared wars, or the threat thereof;
- fires, explosions, floods, earthquakes, landslides, epidemics, pandemics or other natural disasters;
- unavailability of railway, maritime, air, or land transportation or any other means of public or private transport;
- unavailability of public or private telecommunication networks;
- provisions, decrees, laws, regulations, or restrictions from the national legislator or the Government;
- any strike, disaster, or accident at sea, involving postal or other relevant type of transportation.
- It is understood that the execution of the obligations resulting from these Conditions and any related Contracts will be suspended for the duration of the Force Majeure; therefore, the execution will be postponed for the same period of time.
- Without prejudice to the disposition above, during Force Majeure, we will strive to meet our contractual obligations.
- PERSONAL DATA
- INTELLECTUAL PROPERTY
- The brand “Gavasseto e Roncadella Caseificio dal 1923”, the company name “Caseificio di Gavasseto e Roncadella”, the domain name “www.gavassetoeroncadella.it” (and any other URL that allows Users to access the domain), the Website, as well as the graphics and copy are owned by, or licensed to, Caseificio di Gavasseto e Roncadella and are protected by national and international intellectual and industrial property rights (“Intellectual Property”).
- Publishing, distributing, visualizing, amending, creating derivative work by manipulating the Content or Intellectual Property in any way or form is strictly forbidden, unless authorized by Us or by a third-party rights-holder.
- Given all of the above, strictly for personal and non-commercial purposes, you may view the Website – using a PC, tablet, or smartphone – and save it in electronic format on a disk (but not on servers or storage devices connected to a network) and print a copy. In this case, make sure you indicate or specify who owns the intellectual and industrial property rights.
- Whether registered or not, the names, brands, and distinguishing marks of third-party products and goods that appear on the Website are exclusive property of their owners; therefore, if you intend to use such marks, we invite you to contact the relevant third parties directly.
- VIOLATION OF THE CONDITIONS OF SALE
- Any nonconforming behaviour, abuse, or violation of the general or specific provisions and rules of these Conditions of Sale will entitle Us to take judicial or extra judicial action aimed at promptly eliminating any abuse or violations deemed unlawful.
- For example, at our sole discretion, we may interrupt all relations with the perpetrator; limit, suspend, or interrupt the services; block access to the Website, delay access or remove the content saved and take technical and legal action to prevent future access to the Website.
- By accepting these Conditions of Sale, you agree to hold Caseificio di Gavasseto e Roncadella, its employees, management, and any other company of the group, including their employees and collaborators, harmless against any third-party demand or compensation claim for damage that may result from the violation of any of the provisions of these Conditions of Sale, legal obligations or third-party rights.
- In any case, we reserve the right to report any unlawful behaviour to the Authorities and claim compensation for any damage suffered, whether financial or otherwise.
- FINAL DISPOSITIONS
- These Conditions of Sale and any related Contracts constitute the entire agreement between Us and users with reference to the purchase of the products sold on the Website, and no other document can derogate, integrate, and modify the general and specific rules of use of the services.
- Any exception to these Conditions of Sale and the related Contracts must be formalized in writing and signed by you and us.
- Should any of the provisions be deemed invalid or unenforceable, the remaining provisions shall remain valid and enforceable.
- We reserve the right, at our sole discretion, to transfer the rights derived by the application of the Conditions of Sale herein, subject to providing notice thereof.
- The failure to enforce any provision shall not be construed as a waiver of any such provision.
- For any matters not expressly governed by these Conditions of Sale, please refer to the General Conditions.
- APPLICABLE LAWS AND JURISDICTION
- Italian Laws govern these Conditions of Sale and all juridical relationships with you in connection with the sale of the products on the Website, with the explicit exclusion of the private international rules on conflict of laws.
- If you act as a consumer, in accordance with Legislative Decree No. 206, of 6 September 2005 (“Consumer Code”) and subsequent integrations and amendments, any dispute involving the application, execution, or interpretation of these Conditions of Sale will be competence of the courts of your place of residence or domicile, if located in Italy. Please be reminded that you also have the option of settling disputes extra judicially using the Online Dispute Resolution service offered by the European Union http://ec.europa.eu/odr.
- In all other cases, disputes will be competence of the Courts of Reggio Emilia.