1. Definitions
2. Terms and Conditions
2.1 These General Terms and Conditions of Sale, together with the specific Conditions provided for the Services described in the previous art. 1. as well as the sales order confirmation, regulate the sale of the Products and Services provided by the company ANTICA OSTERIA DEL MIRASOLE S.A.S. DI CARETTI ANNA E C. through the website “store.osteriadelmirasole.it”, constituting the contractual regulation. No other conditions or terms may be applied. This contract may not be modified except by prior written agreement or by e-mail.
The Customer undertakes to carefully read and print and keep a copy of the General Terms and Conditions of Sale.
The reading and full acceptance of the aforementioned Conditions, without exception, is a condition for the purchase of the Products and Services offered by the Company.
2.2 The Customer of age, by electronically sending the confirmation of his/her purchase order, unconditionally accepts and undertakes to observe the conditions and terms set out below, having previously read and expressly accepted all the conditions.
3. Contract formation and effectiveness
3.1 The Customer and the Company are legally bound by this agreement and expressly waive any dispute regarding the validity and binding nature of this contract stipulated through the use of IT tools, citing as the only reason for dispute the fact that it was stipulated through electronic transmission.
4. Object
4.1 The object of this contract is exclusively the sale of products and services as per art. 1.
5. Order
Purchases may be made exclusively via the Internet and/or e-commerce sites managed by ANTICA OSTERIA DEL MIRASOLE S.A.S. DI CARETTI ANNA E C.. Access to the service is permanent and continuous, except during maintenance periods, during server update operations and/or in the event of any service interruptions on the network.
The Products and Services available are illustrated on the site within the respective sections by product/service category, as described in the relevant information sheets.
In order to make purchases, the Customer must first register on the site, which must be accessed via User ID and password provided by the Company.
The purchase procedure involves viewing the product categories offered, within which the available products and services are displayed, with the related information and price.
Each product chosen will be added to the cart, in whose section all the products and services that you intend to purchase are listed.
Before choosing the payment method, the Customer has the option of specifying the billing address and, if different, the shipping address.
The last phase is that of the order confirmation, in which the Customer must read and accept the Conditions of Sale, otherwise the operation is interrupted.
Finally, an order summary page is displayed, with the indication of the products purchased, the price paid, the chosen payment methods, the billing and shipping address (if different).
The acceptance of the order by the Company is confirmed by sending a confirmation email to the email address provided by the Customer when registering on the Site.
The times for confirming the payment received are not fixed and therefore the sending of the confirmation email may be subject to delays, for which the Company hereby declines any responsibility.
The Company reserves the right, at its sole discretion, not to accept the order.
The Customer undertakes to verify the accuracy of the data in the order confirmation email and to promptly report any errors or omissions to the Company.
The order confirmation email contains the following data:
6. Prices and VAT
6.1 The price of the Products and/or Services will be that indicated in the Order Confirmation.
6.2 Any Product/Service, delivered electronically from an EU member country to a person, also resident in the European Union, will be automatically subject to the VAT of the issuing country, in this case Italy. Non-EU customers will be invoiced excluding VAT.
6.3 In the event that the Customer wishes to receive invoices excluding VAT, in the cases provided for by law, he/she must provide his/her intra-community VAT number.
7. Payment methods for the Products and/or Services
7.1 The Products and/or Services purchased may be paid according to the methods highlighted from time to time in the payments section.
7.2 In any case, only the credit card and bank transfer payment methods are available.
8. Shipping, Delivery and Risk of Products
8.1 All Products will be shipped to the delivery address indicated by the Customer at the time of purchase. The delivery dates indicated in the order, in the order confirmation and in any other communication (both oral and written) or on the website "store.osteriadelmirasole.it", are to be considered merely indicative. The company cannot therefore be held responsible for failure to deliver on a specific date.
8.2 Delivery will take place during working days.
8.3 The company reserves the right, for logistical reasons, to make partial shipments of the Products ordered, which will however be invoiced jointly. Any delay in delivery of any Product will not relieve the Customer from the obligation to accept the subsequent remaining deliveries.
8.4 Unless otherwise agreed in writing, all shipments (meaning the packaging and the Product contained therein) shall be deemed accepted and free from damage unless at the time of delivery the Customer specifies precisely, on the Company's copy of the delivery note, any deficiencies or errors in the delivery or communicates to the Company, in writing, such deficiencies or errors no later than eight (8) days from the date of delivery of the goods shipped.
8.5 Failure to communicate the terms and conditions referred to in the previous art. 8.4 will constitute a waiver of any claim. All communications of claims must include the Order Number / reference to the order confirmation, and the exact description of the differences between the order and the shipments or problems encountered, with reference to the number and type of Products shipped.
8.6 In the event of incomplete shipments, the Company reserves the right to make an additional or replacement shipment of the previous one or, alternatively, to credit the Customer with an amount equal to the price of the undelivered goods, within 30 (thirty) days of receipt of the written communication.
8.7 The risk associated with the loss or damage of the Products will be transferred to the Customer at the time of delivery of the Products to the carrier appointed by the Company. In any case, the Company reserves the right to replace the Product lost or damaged in transit, evaluating each case individually.
9. Password
9.1 The request for Products and/or Services may only take place following acceptance of these Conditions as well as the Conditions of Use of the website “store.osteriadelmirasole.it” and following registration, with the assignment of a password and a UserID to be used to place orders on said website.
9.2 The Customer is responsible for the use and storage of the password. Any order placed using the password, in accordance with the previous art. 5., will be considered as a commitment by the Customer to pay the amount due to the company, on the basis of the aforementioned order placed.
10. Warranty and consumer withdrawal
10.1 All Products are guaranteed against defects of conformity and/or malfunctions for a period of one year from the date of purchase. The duration of the warranty is 24 months for consumers only. It is understood that in relation to perishable products, the guarantee will be effective exclusively until the expiry date indicated on the packaging of the product itself.
10.2 The warranty applies within the terms of the law to the product that presents defects not detectable at the time of purchase, provided that the Product itself has been stored in compliance with the manufacturer's instructions on the packaging and used correctly and with due diligence, i.e. in compliance with its intended purpose and with what is provided for in any technical documentation, with observance of the various operating rules indicated therein.
10.3 The aforementioned warranty will not be applicable in the event of negligence, carelessness in the use and storage of the Product. The warranty is personal and therefore will apply only to the original purchaser, being reserved for direct customers.
10.4 The defect must be reported immediately to the Company by written notification and, in any case, under penalty of forfeiture, no later than 8 days from receipt. The defective Product must be sent to "ANTICA OSTERIA DEL MIRASOLE S.A.S. DI CARETTI ANNA E C." complete with the original packaging, all accessories, the written notification of the defect and the documentation received by the Customer at the time of purchase (copy of the invoice, order number and date).
10.5 The Company reserves the right to verify the actual existence of the defect reported by the Customer and to carry out the replacement only after such check.
10.6 The costs of returning the goods to the Customer remain at his expense.
10.7 The Consumer may withdraw from this contract, without any penalty, within 10 (ten) working days from the day of receipt of the products ordered, for any reason and without having to justify his decision in any way. The Consumer may exercise the right of withdrawal, within the aforementioned term, by sending an explicit declaration of withdrawal via email. The Company may request confirmation of the cancellation in writing. The Consumer loses his right of withdrawal if he begins to use the Products and Services and if he makes the Products unsuitable for sale.
10.8 In order for the right of withdrawal to be validly exercised, if the shipment or delivery of the products ordered has already occurred, the Consumer will be required to return them within the peremptory term of 14 (fourteen) working days from receipt of the products or 14 (fourteen) working days from the transmission of the return request.
10.9 The Products must be returned at the Consumer's risk in perfect condition and in their original intact and unopened packaging, without any signs of wear, abrasion, nicks, scratches, deformation, etc.). Otherwise, the Consumer will not be entitled to a refund of the amount paid. To this end, it is advisable to cover the original packaging of the products with other protective packaging that preserves their integrity and protects them during transport, including from writing or labels. The Company will refund the price within 30 days of receipt of the Product, deducting the return costs; the Company reserves the right to deduct any compensation for damage to the Product as well as reasonable compensation for any damage to or loss of the Products caused by acts or omissions of the Customer. In any case, the Company will retain, and remain the sole responsibility of the Consumer, the shipping costs, packaging and any duties or additional taxes for the re-importation of the product.
11. Obligations of the Company
11.1 These terms and conditions represent the obligations and responsibilities in relation to the supply of the Products and the performance of the Services.
11.2 The Company is not bound by any other warranties, conditions or terms other than those expressly set out in this contract.
11.3 Any warranties, conditions or other terms regarding the Products or Services which may be connected to the contract or contained in it by law, according to usage or otherwise (including, without limitation, any implied condition as to quality, fitness for purpose, reasonable care and skill) are hereby expressly excluded.
11.4 It is the Customer's responsibility to verify that the Product or Service purchased is suitable for its needs and compatible with its systems, exempting the Company from any claim or liability and/or request for compensation or damages.
12. Limitation of liability
12.1 Without prejudice to the provisions of the previous articles, the Customer acknowledges and accepts that the Company may not in any case be held liable - either contractually or extra-contractually - towards the Customer (or third parties) for any type of direct or indirect damage including damages relating to loss of profits, goodwill or loss of data even if the Company has been warned (in writing or verbally) of the possible occurrence of such damages.
12.2 By way of example and not limited to, the Company will not be liable for damages connected to or arising from:
a) the use, misuse or inability to use the Product / Service attributable to the Customer;
b) the cost of replacement Services with respect to the Product / Service purchased;
c) any suspension or interruption of the Service referred to in articles 16., 17. and 20.;
d) from unauthorized access or alteration of transmissions and/or data of the Customer, including among other things any damage, including economic damage, suffered by the user due to loss of profit, use, loss of data or other intangible elements.
12.3 In any case, all explicit or implicit guarantees are expressly excluded to the extent that this does not conflict with the applicable laws and without prejudice to the liability for willful misconduct or gross negligence of the Company.
12.4 The Customer assumes full responsibility for the ownership of the contents, writings, logos and other material necessary for the creation/updating/execution of the Products and Services covered by this contract and ensures that they are in his legitimate availability, are not contrary to mandatory rules and do not violate any copyright, trademark, distinctive sign, patent or other right of third parties deriving from the law, the contract and/or custom.
12.5 It is expressly agreed and accepted by the Customer that the Company cannot in any case be held responsible for omissions or errors that may be contained in the information that at the request of the Customer has been used for the execution or realization of the Service or Product.
12.6 The Customer substantially and procedurally indemnifies the Company, holding it harmless from any loss, damage, liability, cost or expense, including legal fees, arising from any violation of the previous points of this article.
12.7 The Company's liability for any reason arising from this contract or in any case from the provision of the Services or sale of Products, including any action for defects, non-fulfilment or failure of the repair action undertaken, will be limited to willful misconduct or gross negligence only and will not extend to any damages that are an indirect, unforeseeable or in any case anomalous consequence of the defect or non-fulfilment such as, by way of example, loss of earnings, financial charges, costs of stopping the activity, cost of replacement equipment or Services, damages or expenses arising from claims by third parties against the Customer.
12.8 In any case, the Company's liability towards the Customer is determined in the penalty by the amount equal to double the amount due or paid by the Customer for the Service or Product. The Customer agrees to waive any further claim and/or request for compensation for damages.
12.9 The Customer expressly acknowledges that the limitations of liability above have been agreed as essential conditions for the provision of the Services or sale of Products at the costs indicated in this contract and, outside of what is expressly agreed, waives, without reservation, any further or different reasons or remedial actions.
13. Indemnity Clause
13.1 The Company may not be held liable in any way for any damage caused by the Customer and resulting from violations of the provisions of this contract.
13.2 The Customer undertakes to indemnify and hold the Company harmless and fully indemnified, as well as the parties connected to or controlled by it, its representatives, employees or auxiliaries from any civil and criminal liability arising from the illicit, improper or abnormal use of the Products and Services, even if caused by third parties through the Customer's account.
13.3 The Customer undertakes to indemnify and hold the Company harmless and fully indemnified from any and all requests, including compensation for damages, made against the Company itself as a result of the Customer's conduct.
14. Limitation of warranty
14.1 The Customer agrees and accepts that the Company cannot in any way be held responsible for the failure to use the Product or Service or for the failure or malfunction of the material owned by the Customer.
14.2 The Customer acknowledges and expressly accepts that the use of the Product or Service and the dissemination and storage of information obtained or granted through the Product or Service is carried out at his own and exclusive risk and that the Customer himself is the sole and exclusive person responsible for any damage to his computer or for the loss of data resulting from having used the Product or Service.
14.3 The Customer declares to have read the characteristics of the Product or Service chosen or purchased.
14.4 The Customer acknowledges and agrees that the Company does not provide any type of guarantee, express or implied, of merchantability, compatibility or suitability for a particular purpose of the Customer or third parties and, furthermore, does not provide any guarantee regarding the fact that the Service corresponds to the requirements and needs of the Customer himself.
14.5 The Customer acknowledges and agrees that the Company does not provide any guarantee to him/her regarding the results that can be obtained with the use of the Service, regarding any software and hardware errors of the Service or regarding the reliability of any information obtained by the Customer through the Service.
14.6 In particular, the Company does not guarantee the achievement of any result.
14.7 Therefore, the Company cannot be held liable for any direct and/or indirect damage resulting from the use of the Service or from the interruption of the functioning of the Service.
14.8 The Company does not provide any guarantee regarding the quality of the materials, goods or Services sold, purchased or otherwise obtained by the Customer through the Service or following any transactions carried out through the Service itself.
14.9 The provisions of this point remain valid even after the expiry of the contract.
15. Use of Information
15.1 The use of data or information received by the Customer through the Service provided by the Company is at the sole and exclusive risk of the Customer. The Company specifically disclaims any liability for the completeness, accuracy or quality of the information obtained through its Products or Services mentioned herein.
16. Suspension of the Service
16.1 The Company reserves the right to suspend and/or interrupt immediately, without prior notice, the use and/or provision of the Service or to disconnect (temporarily or permanently) the Customer's account and this without recognition of any reimbursement, compensation and/or damages, with subsequent cancellation of the Customer's account, if it becomes aware or determines, at its sole discretion, that the Customer has violated or is violating the provisions of the legislation in force (including Legislative Decree no. 196/2003).
16.2 The Company also reserves the right to immediately suspend, without prior notice, the use and/or provision of the Service if it becomes aware or believes, at its sole discretion, that one of the following circumstances has occurred or is occurring:
a) use of the Service that determines a situation of danger or instability of the server such as to cause damage to the Company;
b) if the public authority or other third parties communicate to the Company, or the Company itself ascertains, an illicit, improper use or use that does not comply with both national and international laws as well as the rules of "netiquette" of the Service by the Customer;
c) if the Company ascertains a use contrary to morality or public order or with the aim of disturbing public or private peace, of causing direct or indirect offence or damage to anyone and of attempting to discover the secrecy of private messages.
16.3 The Company will finally evaluate the material deemed "dubious" at its sole discretion and, after notifying the Customer for clarification, will decide on the suspension of the Service.
16.4 In the event that the payment of the fee does not occur within the indicated deadlines, to be understood as essential terms, the Company may suspend the Service from the third day of delay by the Customer, without any notice.
16.5 The Customer therefore accepts that his non-fulfilment, even partial, or a delay in fulfilling the payment will result in the suspension of the Service with consequent failure to publish the data, information and any other content, and waives, now and then, any request, action or claim against the Company for any damages it may suffer, which will be due solely to the negligence of the Customer himself.
16.6 Where the Company suspends the Service, the Customer must also pay the costs necessary for the suspension and reactivation of the Service, which will be determined by the Company at the time of the delay in fulfilling the obligations by the Customer.
16.7 It is understood that the Customer remains obliged to pay the agreed sums also for the period of suspension of the Service, given that the Company will continue to maintain the Service itself on its servers, even if the Service itself is not made available.
16.8 In any case, the Service will be reactivated only following payment, by the Customer, of the reactivation costs and all the expired fees owed to the Company.
16.9 In the event of violations by the Customer of even just one of the obligations set forth in this article, the Company reserves all recourse and/or compensation actions or any action provided for by law against the Customer and the person responsible for said violations as well as, after 15 days from the discovery of the violation and/or non-payment, the right to terminate the contract pursuant to art. 1456 et seq. of the Civil Code, with all legal consequences.
17. Causes of Force Majeure
17.1 The Customer agrees and accepts that the Company may in no case be held liable towards the same or third parties for the delay or failure to fulfill its obligations due to unforeseeable circumstances or force majeure such as, by way of example and not limited to, cyber attacks on its website or on its own or third-party IT infrastructures used for the provision of the service or sale of the products, necessary maintenance to the site or technological infrastructures, actions of public authorities, floods, fires, thefts, explosions, accidents, strikes and lockouts even if not company-related, acts of war, embargoes, impossibility of transport, suspensions or problems of telecommunications, lightning, failures of systems not attributable to the Company, interruptions or overloads of energy flows, failures or interruptions of telephone and/or IT lines even if not attributable to the activity of the manager (or concessionaire) of the same lines, as well as interruptions or suspensions not attributable or in any case independent of the will of the Company or deriving from third-party suppliers of the Company itself.
18. Privacy
18.1 With regard to the personal data that the Company has obtained from the Customer in relation to this Agreement, the Customer acknowledges having been previously and duly informed by the Company in accordance with Article 13 of Legislative Decree no. 196 of 30 June 2003. In particular, the Customer acknowledges having read and understood the information available on the following website: store.osteriadelmirasole.it/privacy
19. Applicable Law and Jurisdiction
19.1 This Agreement will be governed by Italian law and any dispute arising from or in any way connected to it will be submitted exclusively to the Italian jurisdiction, Court of Bologna.
20. Miscellaneous
20.1 In the event that one or the other party fails to assert any of the rights to which it is entitled under this Agreement, this will not be construed as a waiver of those rights. Such failure to exercise shall not in any way imply a waiver of the right to assert such rights subsequently.
20.2 The invalidity or ineffectiveness of any of the clauses of this Agreement shall in no case affect the validity or ineffectiveness of the other contractual clauses, which shall remain in force and shall be interpreted in such a way as to reflect as closely as possible the will of the parties on the basis of this Agreement.
20.3 The Company reserves the right to immediately terminate this contract, without notice, as well as to suspend the Services or delivery of the Products if (a) the Customer is in bankruptcy or other insolvency proceedings, liquidation, transfer of assets to creditors, or a request is presented or a provision is issued for the cessation of the activity or the cessation of the activity is threatened or any action is taken against the Customer due to debts or events similar or analogous to those described above occur; or (b) the Customer fails to comply with the obligations indicated in art. 16. of this Contract, with the right to request compensation for damages.
20.4 The Customer may not assign this Contract or any Order to third parties without prior written authorization from the Company.
20.5 The Customer acknowledges and takes note that the Company may at any time, without prior notice or communication, modify and update these contractual conditions and terms as well as the price of the Product and/or Service, while it remains the Customer's responsibility to periodically check any changes made, which will be effective from the date of publication of the same on the website "store.osteriadelmirasole.it".
21. Rights of use
21.1 All Products and Services marketed on the ANTICA OSTERIA DEL MIRASOLE S.A.S. DI CARETTI ANNA E C.v website are protected by the legislation and international treaties in force and relating to copyright and the protection of intellectual property. The sale of Products or Services does not imply, in any case, the transfer of rights of reproduction, representation, exploitation and also excludes any intangible right, already recognized or to be recognized to the legitimate owners of such intellectual creation.
22. Company data
22.1 The site “store.osteriadelmirasole.it” and the products and services marketed on it are the property of ANTICA OSTERIA DEL MIRASOLE S.A.S. DI CARETTI ANNA E C., with headquarters in VIA GIACOMO MATTEOTTI, 17/A - 40017 SAN GIOVANNI IN PERSICETO, BOLOGNA (BO) - Italy, VAT 02828801205, with telephone number 051.821273 and email: info[@]osteriadelmirasole.it
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