General Terms and Conditions of Sale
Company: Antica Osteria del Mirasole s.a.s. di Caretti Anna e C., owner of the website “www.labologneseconbottega.it”and seller/provider of the Products and Services mentioned in this contract and mentioned in the invoice/order confirmation;
Customer: any individual or legal entity that purchases or binds to buy Products and/or Services from the Company, included the Costumers;
Conditions: the general terms and conditions of sale and supply of the Products and Services, included those specific to the single Services;
Order Confirmation: Written acceptance of the Customer’s order by the Company;
Costumer: the individual, who purchase or binds to purchase Products and/or Services from the Company with purposes different from the entrepreneurial or professional activity done;
Price: total compensation that the Customer must payto the Company against the Products and/or Services;
Products: food goods, gadgets and services described in the usual documents published by the Company on paper and/or on the website, or on the Order Confirmation, that the Customer purchases or binds to purchase from the Company;
Services: events and meetings published on the web site www.labologneseconbottega.it.
2. Terms and Conditions
2.1 This General Terms and Conditions of Sale, together with the specific Conditions provided for the Services described under art. 1 as well as in the sale order confirmation, regulate the sale of the Products and of the Services provided by Antica Osteria del Mirasole s.a.s. di Caretti Anna e c. on the website “www.labologneseconbottega.it”, and are the contractual regulation. No other condition or term will have application. The present contract can not be modified without prior written agreement or by email.
The Customer binds to carefully read, print and keep a copy of these General Terms and Conditions of Sale.
Reading and accepting in full these Conditions, with no exception, is an essential condition for the purchase of the Products and Services offered by the Company.
2.2 The Customer of age, with the electronic transmission of the confirmation of his/her order, unconditionally accepts the following conditions and terms and agrees to observe them, after having read and expressly accepted all of them.
3. Contract formation and effectiveness
3.1 The Customer and the Company are bound by this contract and expressly renounce to any claim about the validity and the compulsoriness of this contract concluded through computer communications, mentioning as sole reason of claim the fact that it has been concluded through an electronic transmission.
4.1. The object of this contract is only the sale of food goods and derivatives as reported in art.
The purchases can be done only on the Internet and /or e-commerce sites managed by Antica Osteria del Mirasole s.a.s. di Caretti Anna e c.. The access to the service is permanent and continuous, except during maintenance periods, during server updating operations and/or in case of any service interruption on the network.
The Products and the Services available are shown on the site, within the respective sections by product/service category, as they are described in the respective information files.
To proceed with the purchase, the Customer shall be registered on the site, to which he/her shall log in with the User ID and password provided by the Company.
The purchase procedure provides for the display of the categories of products offered, within which the available products and services are displayed, with the respective information and the prices.
Each chosen product will be added to the cart, where all the products and services that are going to be purchased are listed.
Before choosing the payment method, the Customer may specify the invoice address and, if it is different, the delivery address.
The last step is the order confirmation: the Customer shall read and accept the Conditions of sale, otherwise the operation stops.
Finally, a page with the order summary is displayed, with the list of the products you have purchased, the price paid, the payment method chosen, the invoice and the delivery addresses (if different).
The order acceptance by the Company is confirmed with an email to the email address indicated by the Customer when he/she has registered to the site.
The period of time necessary for payment confirmation is not fixed, therefore the sending of the confirmation email can be delayed. The company denies since now any liability for delays.
The Company reserves the right at its sole judgement, to not accept the order.
The Customer agrees to verify the correctness of the data present in the order confirmation email and to promptly report to the Company any mistakes or omissions.
The order confirmation email contains the following information:
- Order number and date
- Products, Services, quantity, prices
- Payment method chosen
- Delivery costs
- Total order price
6. Prices and VAT
6.1 The price of the Products and/or the Services will be the price reported in the Order Confirmation.
6.2 Any Product/Service, delivered electronically from a EU member state to a subject, who is also resident in the European Union, will be automatically subject to the VAT of the sender country, in this case Italy. Non-EU customers will be invoiced VAT excluded.
6.3 If the Customer wants to receive VAT excluded invoices, in the case contemplated by law, he/she shall provide his/her intra-Community VAT number .
7. Products and/or Services payment methods
7.1 The Products and/or Services purchased can be paid according to the methods reported each time in the payment section.
7.2 However, only payments through credit card and bank transfer are available.
8. Shipping, Delivery and Products Risk
8.1 All the Products will be delivered to the delivery address indicated at the purchasing. The delivery dates reported on the order, the order confirmations and in any other communication (oral or written) or on the web site www.labologneseconbottega.it, are approximate. Therefore, the Company will not be liable for the failure in the delivery on a specific date.
8.2 The delivery will take place on working days.
8.3 The Company reserves the right , for logistic reasons, to make deliveries of the ordered Products by instalments, which however, will be invoiced together. Any delay in the Product delivery will not relieve the Customer from the obligation to accept the following remaining deliveries.
8.4 Unless it is differently decided in writing, all the shipments (that is the packaging and the Product contained) are considered accepted and without damages unless the Customer, when he/she receives the Product, reports with accuracy on the Company copy of the receiving note, any faults or mistakes in the delivery or reports in writing to the Company these faults or mistakes within eight (8) days from the delivery date.
8.5 The failure to communicate according to the terms and conditions reported in the art 8.4 will mean the demission to any claim. All the claims shall include the Order Number/reference to the order confirmation, and the exact description of the differences between the order and the deliveries or the problems found, with reference to the number and kind of products delivered.
8.6 In case of verified incomplete deliveries, the Company reserves the right to make an additional shipment or equivalent to the previous shipment or, as an alternative, refund with the price of the products that have not been delivered to the Customer, within thirty (30) days starting from the receipt of the written communication.
8.7 The risk of loss or damage in each product will pass to the Customer upon delivery of the Products to the courier chosen by the Company. However, the Company has the power to replace the Product lost or damaged in transit, valuating each case.
9.1 The purchase of Products and/or Services may take place only after having accepted these Conditions as well as the Conditions of use of the website “www.labologneseconbottega.it” and after the registration and the assignment of a User ID and a password that shall be used to make an order on this site.
9.2 The Customer is responsible for the use and keeping of the password. Any order made using the password, according to art. 5, will bind the Customer to pay the price due to the Company, in relation to the order made.
10. Warranty and withdrawal right
10.1 All the Products are covered by a warranty against defects or malfunctioning for the period of a year starting from date of purchase. The 24-month-warranty is valid only for customers. Be advised that as to perishable goods (cold cuts, cheeses and all other food products) the warranty will be valid only until the expiry-date reported on the package of the very product.
10.2 This warranty applies to the products that have conformity defects and/or malfunctioning that can not be checked when purchased, provided that the product is kept correctly following the instruction reported on the package and with accuracy, that is with respect to its destination of use and to what is mentioned in the technical documentation, in compliance with the operational norms there mentioned.
10.3 The aforementioned warranty will not be applied in case of negligence, carelessness in using and keeping the Product. The warranty is personal an therefore will be applied only to the original buyer, as it is reserved only to direct customers.
10.4 The defect shall be reported immediately to the Company in writing and, in any case, not later than 8 days from the receipt, or risk forfeiture. The flawed Product shall be sent to “Antica Osteria del Mirasole s.a.s. di Caretti Anna e c.”, with the original package and all the accessories, the written description of the flaw and the documentation received by the Customer when he purchased the product (copy of invoice and order date).
10.5 The Company reserves the right to verify the presence of the defect reported by the Customer and to replace the product only after this verification.
10.6 The return expenses are charged to the Customer.
10.7 The Costumer has the right to rescind the contract, without any sanction, within 10 (ten) working days from the receipt of the ordered products, for any reason and without any obligation to motivate his/her decision. The Costumer can exercise his/her right, within the aforementioned time limit, by sending and explicit written declaration by e-mail. The Company may ask confirmation of the cancellation in writing. The Costumer loses the right of withdrawal if he/she starts to use the Products of the Services and if he/she makes the Products not suitable for the sale.
10.8 In order to exercise the right of withdrawal, if the shipping or the delivery of the ordered products has already been done, the Costumer shall return the products within the final time limit of 10 (ten) working days from the receipt of the products or within 10 (ten) working days from the transmission of the withdrawal request.
10.9 The products must be returned at risk of the Costumer in perfect conditions and in their original package intact and not opened, without any sign of usury, abrasion, scratch, deformation, etc.). Otherwise, the Costumer will not have the right to have back what paid. In that sense, we advise to upholster the original package of the products with other protective packing material that can preserve its integrity and protect it during transport also from writings or labels. The Company will refund the price within 30 days starting from the receipt of the Product, deducting the costs for the return; the Company reserves the right to deduct any indemnity for damages to the Products, as well as a reasonable compensation for any damages to or loss of Products caused by acts or omission of the Customer. In any case, the Company will retain, being at the expense of the Costumer, the shipping expenses, the packages and any taxes to pay to import again the products.
10.10 There is no withdrawal right for food products or for tailor-made and/or personalized products.
11. Company obligations
11.1 This conditions and terms represent the obligations and the responsibilities in relation to the providing of Products and the performance of Services.
11.2 The Company is not required to give other warranties conditions or terms different from those expressly defined in this contract.
11.3 Any warranties, conditions or other terms about the Products or the Services that may be linked to the contract or included in it according to law, custom or other (included, without limitation, any condition implied about the quality, the fitness for purpose, the reasonable carefulness and expertise) are here expressly excluded.
11.4 The Customer is required to verify that the Product or the Service purchased is suitable to his/her needs and compatible with his/her equipments, relieving since now the Company from any claim or responsibility and/or claim for damages or indemnity.
12. Limitation of liability
12.1 Without prejudice to what said under the above-mentioned articles, the Customer shall agree that the Company in no event will be liable – neither as a contractual title nor as an extra contractual title - against the Customer (or third parties) for any direct or indirect damages, included damages for income losses, for goodwill or data loss event if the Company has been advised (in writing or in oral) of the possibility of such damages.
12.2 As a non-definite example, the Company will not be liable for damages related to or deriving from:
a) the use, improper use or the impossibility to use the Product/Service chargeable to the Customer;
b) the cost of substitute Services of the Product/Service purchased;
c) of any interruption or termination of the Service as in the articles 16.,17. and 20.;
d) the unauthorised access of the alteration of transmissions and/or data of the Customer, included any damages, also economical, to the Customer for any failure of income, use, loss of data or other inviolable elements.
In any case, are clearly excluded any express or implied warranties, insofar as they do not infringe the law in force and with the exception of responsibility caused by intentional wrongdoing or gross negligence on part of the Company.
12.4 The Customer is the sole responsible for the ownership of the contents, writings, logos and other material necessary to the realization, updating and performance of the Products and Services that are object of this contract and assures that they are legitimately available to him/her, they are not against imperative rules and do not infringe any copyright, trademark, trade dresses, patent or other right of third parties deriving from the law, the contract and/or the custom.
12.5 The Customer agrees that the Company in no event will be liable for omissions or mistakes that may be contained in the information used for the performance or the realization of the Product or of the Services, requested by the Customer.
12.6 The Customer indemnifies and holds harmless substantially and in trial the Company from any loss, damages, responsibility, cost or expense, included the legal expenses, deriving from any infringement of the prior points in this article.
12.7 The Company liability for any title deriving from this contract of from the performance of the Services or the sale of Products, included any action for faults, non-fulfilment or failure of the mender action, will be limited to the sole wrongful intent or gross negligence and will not extend to any damages that are indirect, unforeseeable or anomalous consequence of the fault or of the non-fulfilment such as, for example, failure in the income, financial burdens, costs for the termination of its activity, costs for equipments and substitute Services, damages or costs deriving from claims of third parties against the Customer.
12.8 In any case the Company’s responsibility against the Customer will be a fine equal to the double of the price due or paid by the Customer for the Service or Products purchased. The Customer agrees to renounce to any other dispute and/or claim for damages.
12.9 The Customer expressly agrees that the limitations of liability above-mentioned are essential conditions for the performance of the Services or the sale of Products at the costs mentioned in this contract and, outside the agreed conditions, renounces, without reserve, to further or different reasons of mender actions.
13. Disclaimer provision
13.1 The Company, in no event will be liable for any damages caused by the Customer and deriving from infringements to these contract.
13.2 The Customer agrees to indemnify and hold harmful the Company as well as the subjects linked to or controller by the Company, its representatives, employees or auxiliaries from any civil or criminal responsibility arising from an unlawful, improper or anomalous use of the products and the Services, even if caused by third parties through the Customer's account.
13.3 The Customer agrees to indemnify and hold harmful the Companies from any claim, even of damages, proposed against the Company as a consequence of the Customer’s behaviour.
14. Limitation of Warranty
14.1 The Customer agrees that the Company in any way will be responsible for the non-use of the Product or Service or of the non or malfunctioning of the material owned by the Customer.
14.2 The Customer expressly agrees that the use of the Product or Service and the diffusion and keeping of the information obtained or given through the Product or the Service is done at his/her sole risk and that the Customer is the sole responsible for any damage to his/her computer or for the loss of data deriving from the use of the Product or Service.
14.3 The Customer declares that he/her has read the characteristics of the Product or Service chosen or purchased.
14.4 The Customer agrees that the Company makes no representation of warranty, express or implied, of merchantability, suitability or fitness for a particular purpose of the Customer or of third person and, furthermore, does not guarantee that the Service provided meets the requirements and need of the Customer.
14.5 The Customer agrees that the Company makes no representation of warranties for the results that may be obtained by using the service, about any software and hardware mistakes of the Service or about the reliability of any information obtained by the Customer through She service
14.6 In particular the Company does not guarantee the achievement of any result.
14.7 Therefore the Company will not be liable for any direct or indirect damage arising from the use of the Service or from the interruption of the Service functioning
14.8 The Company makes no representation of warranties for the quality of materials, goods or Services sold, purchased or obtained by the Customer through the Service or as a consequence of any dealing made through the Service
14.9 The regulations of this point are valid also 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 sole risk of the Customer. The Company denies any responsibility for the completeness, accuracy or quality of the information obtained through the Products or Services here mentioned.
16. Termination of the Service
16.1 The Company reserves the right to limit, suspend or immediately terminate, at any time and without notice, the use and/or the providing of the Service. The Company has the right to disconnect your account (temporarily or definitely) without any refund, compensation or indemnification and therefore to cancel your account, if the Company determines, at its sole judgement, that the Customer has been cause of problems, legal responsibilities or has infringed the norms of the law in force (included the Legislative Decree n. 196/2003 and Reg. EU 679/2016).
16.2 The Company reserves also the right to limit, suspend and/or immediately terminate, at any time and without notice, the use and/or the providing of the Service if the Company determines, at its sole judgement, that one of these circumstances has been occurring:
- an use of the Service that causes a situation of danger or instability of the server which may cause damages to the Company
- if the public authority or third subjects tell to the Company, or the Company itself determines an unlawful, improper use or not in compliance with the national and foreign laws as well as to the “netiquette” rules of the Service by the Customer;
- if the Company determines an use against the moral and public decency or with the purpose to cause harassment to the public or private peace, to cause offense or direct or indirect damage to anyone and to attempt to intercept private messages.
16.3 The Company will also assess the material considered «suspect» at its sole judgement and, after a communication to the Customer for clarifications, will decide about the termination of the Service.
16.4 If the compensation payment is not done by the deadlines indicated, that have to be considered as essential terms, the Company will have the right to terminate the Service starting from the third day of delay by the Customer, without any notice.
16.5 Therefore, the Customer agrees that any non-fulfilment on his/her part will determine the termination of the Service and, as a consequence the non-publication of the data, the information and any other content; the Customer also renounces, since now, to any dispute, action or claim against the Company for any damages, that will be considered as cause only by the Customer's negligence.
16.6 If the Company terminates the Service, the Customer shall pay the necessary expenses for the termination and reactivation of the Service, that will be determined by the Company at the time of the delay in the fulfilment by the Customer.
16.7 It is agreed that the Customer is obliged to the payment of the arranged sum also for the period of termination of the Service, if the Company will keep the Service on its servers, even though the Service will not be available.
16.8 In any case, the Service will be reactivated only after the payment, on part of the Customer, of all the reactivation expenses and of all the compensations expired and due to the Company.
16.9 If the Customer infringes only one of the obligations mentioned by this article, the Company reserves the right to make any action of compensation and/or indemnification or any action provided by the law against the Customer and the person responsible for these infringements, as well as, after 15 days starting from the discover of the infringement and/or the non-payment, the power to rescind the contract in compliance with the art.1456 and the following from the civil code, with all the consequences of law.
17. Force majeure
17.1 The Customer agrees that the Company in no event will be liable against the same or third persons for the delay or the non-fulfilment of its obligations because of a fortuitous case of majeure force such as, as a non-definite example, public authority actions, floods, fires, explosions, accidents, also non-company strikes and lockouts, acts of war, embargo, transport impossibility, suspensions or problems with communications, lightning, breakdown to the equipments not chargeable to the Company, energy flow interruptions or overloads, breakdowns or interruptions in the telephone and computer lines also not chargeable to the activity of the manager (or dealer) of the lines, as well as interruptions or suspensions not chargeable or independent from the will of the Company or from third parties suppliers of the Company itself.
18.1 As for the personal data that the Company has obtained by the Customer in relation to this Contract, the Customer agrees that he/she has been informed properly and in advance by the Company in compliance with art. 13 of the Legislative Decree n. 196 30.06.2003 and Reg. UE 679/2016. In particular, the Customer declares that he/she has read and understood the information available at the following site:
19. Applicable Law
19.1 This Contract will be regulated by the Italian law and any dispute, deriving or linked to it will be subject to the exclusive Italian jurisdiction, tribunal of Bologna.
20.1 If one part or the other will not exercise one of the due rights as provided by this Contract, this will not be a demission of the same. The failure in exercising the rights will not entail the demission to exercise them later.
20.2 If one or more provision of these Contract is considered invalid or unenforceable, the other provisions shall consequently continue to be valid and will be understood as to reflect in the best way the will of the parts based on this contract.
20.3 The Company reserves the power to immediately rescind this contract, without notice, as well as to suspend the Service or the delivery of the Products if (a) the Customer is in state of bankruptcy or part of an insolvency procedure or of a settlement, legal assignation to creditors, or is filed a petition or issued a measure for the cessation of the activity or is threatened the cessation of the activity or is attempted any action because of debts or similar events to those above-mentioned take place; or (b) the Customer becomes in default under the obligations mentioned at the art. 16 of this Contract, reserving the right to claim for damages.
20.4. The Customer will not be able to cede this Contract nor any Order to third parties, without an authorisation in writing by the Company.
20.5 The Customer agrees that the Company has the right, at any time and without notice or communication, to modify and update these contractual conditions and terms as well as the Product and/or Service. It is the Customer's responsibility to periodically verify any modification done, that will be effective starting from the date of publication on the website “www.labologneseconbottega.it”.
21. Rights of use
21.1 All the Products and Services traded on the site of Antica Osteria del Mirasole s.a.s. di Caretti Anna e c. are protected by the international norms and treaties in force and in relation to the copyrights and the protection of intellectual property. The sale of Products or Services does not imply, in any case, the assignment of reproduction, representation, exploitation rights and excludes also any incorporeal rights, already recognised or that has to be recognised to the legitimate owners of this intellectual creation.
22. Company data