Subject of the contract:
quellidellapizza.com is a website specialising in online B2B sales of high-quality food products. The sale of the products is governed by the following General Conditions of Sale.
Via the internet, Quelli della Pizza (aka the seller) offers for sale – and the customer purchases, on the basis of a B2B distance-selling contract – the products selected and ordered by the customer (aka the purchaser). The procedures relating to Orders, Deliveries, Payment and Privacy described in the various dedicated sections of the site constitute an integral, substantial part of the contract of sale.
The conditions applicable to every single order are those shown on the site at the time when the order is placed. Any new conditions will come into effect as soon as they are published on the site and will apply only to sales completed following their publication.
Customers are invited, prior to submitting their order, to read the conditions of sale carefully and to print them out or save them on durable, accessible media.
The conditions of sale are deemed to have been accepted on placing the order.
Effectiveness of the contract:
The contract is deemed to have come into effect when the seller receives confirmation of the completed payment of the purchase order. This change in status is binding for both parties.
The purchase order sent by the customer must be complete in every part and must contain the elements necessary for the identification of the customer and the ordered products, as well as an indication of the delivery location. Quelli della Pizza will send an e-mail to the customer confirming that the order has been received.
Quelli della Pizza reserves the right not to accept purchase orders that are incomplete and/or not properly compiled.
Obligations on the purchaser:
The purchaser declares that he/she is a natural person or legal entity who/that intends to sell on the aforementioned products and is not the end customer/consumer.
It is absolutely prohibited for the purchaser to enter false details during the registration procedure; the contact details and e-mail addresses provided must exclusively be the actual, accurate details of the person or business in question.
Delivery
The delivery of the products ordered by the customer is made on the basis of the conditions set out in the section of the site named “Delivery”.
Method of payment and invoicing:
The products have to be paid for at the time of placing the order, using one of the following methods: bank transfer, credit/debit card, PayPal or any other method indicated upon placing the order.
The payment amount is composed of the total of the products purchased plus the shipping cost.
At the same time as the order is processed, Quelli della Pizza issues an invoice, including the costs of the products and the shipping costs, for every order placed on the site.
For the issuing of the tax document, the indications provided by the purchaser on placing the order shall be deemed accurate.
The amounts will be shown on the invoice in euros. The purchaser undertakes to check carefully the details entered at the time of placing the order, since these will be used for the bookkeeping entries.
Orders and prices:
Each order is deemed accepted once payment confirmation has been received, without prejudice to the seller’s incontestable right not to accept orders received (in such cases, the seller will issue a credit note cancelling the order or will re-credit any amount already paid).
The prices of the products are shown in euros, they exclude Italian VAT and are subject to variation; as such, those shown at any given time on the site annul and replace any previous prices.
The purchaser is liable for the shipping costs, the amount of which shall be shown in the shopping cart when the order is being placed.
Timescales and methods of delivery:
The seller assumes the responsibility of delivering the ordered products to the purchaser, at the address indicated by the purchaser, either directly or by courier.
Should the seller fail to deliver the products, the purchaser is entitled exclusively to the reimbursement of the full amount paid. To consult the specific methods of shipment and delivery for the products, visit the Delivery section. The information provided there forms an integral and substantial part of these General Conditions of Sale and, as such, the customer should be fully aware of said conditions upon submitting the product order form.
Description and availability of the products:
The products on sale are shown on the Homepage and are grouped into appropriate categories. For each product, a detailed technical data sheet is provided, which contains: the description of the product, the ingredients used, the storage methods, the lifespan, the allergy notes and any other applicable information.
With the order confirmation, the customer explicitly declares that he/she has read carefully all of the aforementioned indications, thereby expressly releasing the seller from any adverse reaction that the customer or any third parties may have to the ingredients contained in the product.
The batch number and the relevant expiry date are marked on the product packaging.
The seller shall in no way be liable for the temporary or permanent unavailability of one or more products. Should the requested products be unavailable, the seller undertakes to inform the customer promptly, proposing an alternative product or reducing the requested order amount to reflect the product unavailability, deferring the charges to a subsequent order.
Liability:
The seller guarantees respect for the cold chain and in general for all of the quality regulations relating to the products, only until such time as the products are delivered to the location stated on the order.
To this end, the date of the delivery stamp or delivery receipt shall be deemed valid.
The seller accepts no liability whatsoever for disruptions due to instances of force majeure of any type and, more generally, in the event that it fails to execute the contract within the agreed timescales.
Examples of force majeure may include (but are not limited to): accidents, explosions, natural disasters, measures implemented by public authorities, strikes by the seller’s own employees or the employees of the couriers that the seller commissions to carry out deliveries, and any other circumstances that are outwith the seller’s control.
The seller is in no way liable for the information, data or inaccuracies (of a technical or other nature) that may appear on the website.
Notwithstanding the content of Article 8 of EU Directive 97/7 and of Article 56 of Italian Legislative Decree 206/2005, the seller accepts no liability for any fraudulent use made by third parties of the credit/debit card details supplied by the purchaser.
Given the fact that the subject of the contract is constituted by food products that may perish rapidly if specific storage methods (cold chain) are not used, in accordance with the Consumer Code issued through Italian Legislative Decree 206/2005 the right to return the products after delivery may not be exercised pursuant to the terms of Article 5, Subsection c, of Italian Legislative Decree 185/99.
Modifications:
The seller reserves the right to modify these General Conditions of Sale at any time, making the updated version available on the website. The new General Conditions of Sale will come into effect from the date of their publication on the quellidellapizza.com site.
Applicable law and dispute resolution:
This contract is governed by Italian law. These General Conditions of Sale refer, for all matters not specifically addressed herein, to the joint provisions of Italian Legislative Decrees 50/92 and 206/05.
Competent court:
Il presente contratto è regolato dalla legge italiana. Le presenti condizioni generali si riportano, per quanto non espressamente ivi previsto, al combinato disposto del D.Lgs. 50/92 e del D.Lgs. 206/05.
Foro competente:
Any dispute that may arise in relation to the application or interpretation of the contract stipulated online through the site is subject to Italian jurisdiction on the basis of the current laws. The competent court is the court of Bergamo, Italy.
Even in the event of the purchaser residing or being domiciled outwith Italy, the competent court remains the court of Bergamo, Italy.
DIAL srl
registered office: Via Scarlatti, 26 – 20124 Milano (MI) – Italy
operational facility: Via Ninola, 8 – 24050 Calcinate (BG) – Italy
VAT Registration No.: IT06691630963
Tel: +39 035 841 533
email: info@quellidellapizza.it