A – Introduction
These general sales terms and conditions (for the sake of brevity hereinafter indicated as “sales conditions”) govern the sale of products marketed by Caseificio il Boiardo – Matilde di Canossa s.c.a. (for the sake of brevity hereinafter indicated as “seller”) with the website www.caseificioboiardo.it.
All sale contracts stipulated between the seller and the Customer online at www.caseificioboiardo.it in accordance with the procedures indicated therein will be governed by these sales conditions.
All prices published include VAT.
B – Acceptance of the sales conditions
1. The sales conditions have been prepared in full observance of the fundamental principles set forth by Directive 97/7/EC and Italian Legislative Decree No. 206/05 (articles from 50 to 68) for the protection of the consumer in remote contracts.
These sales conditions take effect from the date of acceptance of the same by the Customer on the website which, for all intents and purposes, is valid as acceptance pursuant to article 1341 of the Italian Civil Code. The seller reserves the right to modify these sales conditions at any time, publishing them on the website. The seller will not be liable by contract or out of contract for direct or indirect damage to persons and/or objects caused by the failure to accept (even partially) an order.
2. Placing an order using the various methods envisaged the Customer declares to have read all the indications provided during the purchase procedure and to have fully accepted the sales and payment conditions indicated below.
3. If the Customer is an end consumer (in other words, a physical person who purchases the goods for purposes other than professional activity), once the online purchase procedure has been completed, the customer will print and/or save an electronic copy and in any case keep this sales conditions in observance of the provisions of articles 50/60 of Italian Legislative Decree 206/2005 on remote sales.
4. The Customer will not have any right to compensation for damages and/or indemnity, nor liability by contract or out of contract for direct and/or indirect damage to persons and/or objects caused by the failure to accept (even partially) an order.
C – Purchase methods
1. The Customer may purchase only the products in the seller’s electronic sales catalogue as described on the relative data sheets.
It is understood that the images with a product descriptive sheet may not be perfectly representative of its characteristics and may differ from the colour, size, products and accessories in the illustration. All of the purchase support information is understood to be simple informative material, not referable to the actual characteristics of each individual product.
2. Correct receipt of the order is confirmed by the seller via an E-mail response sent to the electronic mail address provided by the Customer.
The confirmation message summarises all the information entered by the Customer who undertakes to verify the accuracy and promptly advise of any corrections according to the methods described in this document.
3. In the event of failure to accept the order the seller undertakes to advise the Customer promptly.
4. All the prices on the website are understood to be retail prices and therefore include VAT.
The seller reserves the right to change the prices at any time without any advance notice.
5. At www.caseificioboiardo.it the availability of the product at the time of order is visible. Because the simultaneous access by many users-Customers and the simultaneous possibility of “online” orders change the availability of the product, the seller therefore cannot guarantee the certainty of assigning the ordered goods.
6. On certain products which are in promotion/on sale, the seller reserves the right to accept the orders reducing the quantities following notice and acceptance by the Customer, without which the order will be considered cancelled.
D – Payment methods
1. Bank transfer in advance
In the event of payment via bank transfer in advance, shipment of the ordered goods will take place only after the actual crediting of the funds in the seller’s current account, which must take place within 3 working days from the date the order was accepted, after which the order will be automatically considered cancelled.
The description of the bank transfer in advance must indicate the order identification (order number and date) which is issued in the order confirmation E-mail.
The bank coordinates for wire transfers are:
Caseificio il Boiardo- Matilde di Canossa s.c.a.
Via Delle Scuole 5 – 42019 Scandiano (RE)
IBAN: IT 57 Z 0303266511010000000103
SWIFT (BIC): BACRIT21040
2. Credit card
The credit cards accepted are those supported by the service provided by PayPal.
In the event of a purchase of goods with the credit card payment method, when the online transaction is concluded the relevant Banking Institution will charge the amount relative to the purchase made.
If the order is cancelled, whether by the Customer or in the event of failed acceptance by the seller, the same will request cancellation of the transaction at the same time and return credit of the amount.
The order can be cancelled until preparation of the same begins.
The crediting times, for some types of credit cards, depends exclusively on the banking system. Once cancellation of the transaction has been requested, in no case whatsoever will the seller be held liable for any direct or indirect damages caused by a delay in crediting the amount by the banking system.
The seller reserves the right o request supplementary information from the Customer (such as, for example, a land line telephone number) and/or a copy of documents proving ownership of the credit card used.
If the requested documentation is not provided the seller reserves the right not to accept the order.
At no time during the purchasing procedure is the seller able to be aware of the information relative to the purchaser’s credit card in that said information is entered directly on the PayPal website which manages the transaction (with extremely high security systems). Since no information is transmitted there is no way that this data can be intercepted.
The seller neither has nor keeps this information in any digital archive. Therefore, in no case whatsoever can the seller be held liable for any fraudulent and/or undue use of credit cards by third parties due to the payment for products purchase from the website www.caseificioboiardo.it.
E – Delivery methods
The seller does not ship to Mail Boxes and companies that provide home delivery services.
Only approved express couriers will be used.
For every order placed on www.caseificioboiardo.it the seller issues an invoice/receipt for the material shipped. For invoicing the information provided by the Customer when ordering will be used.
No variation of the invoice will be possible after it has been issued.
The shipping fees will be borne by the Customer and are explicitly indicated when the order is placed. Payment for the goods by the Customer will take place using the method selected when the order is placed.
The goods are shipped with packaging in appropriately closed cardboard boxes.
1. Delivery with express courier
Delivery times for the goods ordered are purely approximate. These times may vary due to force majeure and/or due to traffic and viability conditions in general and/or due to the Authorities. Standard delivery, unless otherwise agreed upon by the parties, will take place during the following times: from 9:00 AM to 1:00 PM and from 2:00 PM to 6:00 PM except on holidays from Monday through Friday. The seller cannot be held liable in the event of delays shipping the order and/or delivering the ordered goods.
The courier makes the first delivery without advance notice. If the Customer is absent the courier leaves a notice and attempts delivery again in the next 24 hours. In the event of another absence another notice is left and the Customer is contacted by the courier for the third attempt. Should this attempt also be unsuccessful the Customer will be contacted by the seller’s Care Team to define the details for delivery.
If the fourth attempt is also unsuccessful, the goods will be returned to the seller and the order will consequently be cancelled with nothing due the Customer.
When the goods are delivered by the courier the Customer is bound to check:
– that the number of parcels being delivered corresponds to the number indicated;
– that the package is whole, undamaged, not wet and/or in any case not altered.
Any damage to the product and/or packaging and/or the lack of correspondence to the indications must be immediately contested with the courier, writing “WITH RESERVE TO CHECK” on the courier’s proof of delivery bill.
Once the courier’s document is signed the Customer will not be able to file any complaint concerning the exterior characteristics of the goods delivered.
The packaging must be kept by the user if he or she desires to exercise the right to withdrawal.
2. Approximate courier delivery times
Approximate delivery times are 24/48 hours in cases of delivery with express courier from the time the shipment is undertaken by the courier (pick up of the shipment from the seller’s logistics centre by the courier).
F – Delivery fee
The indicated costs are understood to be valid for the entire Italian territory.
The shipping cost is calculated automatically based on the weight of the products purchased.
G – Right to withdrawal
The Customer has the right to withdrawal for any reason and without any penalty by a remote purchase contract (with the exception of the indications below).
The right to withdrawal consists in reimbursement of the entire sum paid by the Customer against return of the purchased goods and by law applies to remote purchases made by consumers “for purposes not referable to any professional activity performed”, therefore not including purchases made by resellers and corporate Customers in general.
The right to withdrawal is governed by Italian Legislative Decree No. 206/05 (articles from 50 to 68).
The right to withdrawal is in any case subject to the following conditions:
* it applies to the product purchased in its entirety. The right to withdrawal may not be exercised for only part of the purchased product;
* it does not apply to products once they are opened;
* the purchased goods must be whole and returned in the original packaging, complete in all parts. In order to limit damage to the original packaging we recommend, whenever possible, placing it in a second box.
* in accordance with the Law (article 67), the shipping expenses relative to the return of the goods to the seller shall be borne by the Customer;
* the shipment, until certification of successful receipt in the seller’s warehouse, is under the complete responsibility of the Customer;
* in the event of damage to the goods during transportation the seller will advise the Customer of the occurrence (within 5 working days of receiving the goods in the seller’s warehouse) in order to allow the Customer to promptly file a report with the courier chosen by the same and to obtain reimbursement for the value of the goods (if insured). In this case the product will be made available to the Customer for return, simultaneously cancelling the request for withdrawal;
* the seller will not be liable in any way, shape or form for damage or theft/loss of the goods returned with uninsured shipments;
* upon its arrival at the warehouse the product will be examined to assess any damage and/or tampering not stemming from transportation.
1. Procedure to exercise the right to withdrawal
To exercise this right the Customer must file a request for withdrawal with the seller in which the bank coordinates for any reimbursement of the amounts paid must be indicated. The seller will sent an E-mail to the Customer with a hard copy form which must be printed and sent via registered, return-receipt post within 10 working days from the date the goods were received to:
Caseificio il Boiardo- Matilde di Canossa s.c.a.
Via Delle Scuole 5
42019 Scandiano (RE)
Once the registered letter has been received the seller will send an E-mail to the Customer with the right to withdrawal form that has an authorisation number which must be attached to the outside of the package in which the product will be physically placed. All this must be delivered to the seller within 10 working days of the authorisation.
The seller will reimburse the Customer for the entire amount already paid in as little time as possible and in any case within 30 days of receiving the notice of withdrawal after receiving the goods relevant to the withdrawal via return procedure of the amount charged on the credit card or via bank transfer.
In the latter case it will be the Customer’s responsibility to promptly provide the bank coordinates through which to obtain the reimbursement, complete with the invoiced party’s name and the IBAN and SWIFT codes.
The right to withdrawal is entirely forfeit in the absence of the essential conditions of the goods being whole (packaging and/or its content) in the cases in which the seller also ascertains the following conditions:
* the absence of the original external package and/or internal packaging;
* the absence of integral elements of the product and/or abnormalities with the product itself;
* damage to the produce for reasons other than its transportation;
* a state of uncleanliness of the product which has compromised its integrity;
* opening of the product.
The expenses and risk of transportation for the return are entirely borne by the Customer, who may ship the product solely and exclusively via courier.
The return of products which are not whole and/or which are missing original accessories and/or equipment will not be accepted by the seller and the goods will be returned to the shipper with additional transportation fees and any other accessory expense.
H – Privacy – Personal data protection code as updated and amended
The personal data collected by the seller is handled, on hard copy and/or digital support, for the purpose of meeting the obligations stemming from the contract stipulated with the Customer.
The seller guarantees observance of the regulation on handling personal data for the Customers governed by the Privacy Code pursuant to Italian Legislative Decree No. 196 of 30 June 2003 as updated and amended.
The owner and responsible party for handling data is Caseificio il Boiardo – Matilde di Canossa s.c.a. with registered offices at Via Delle Scuole 5 – 42019 Scandiano (RE), taxpayer’s code / VAT number 00135450351.
The Customer has the right at any time to revoke consent to handle personal data with written notice to be sent to the seller’s registered offices.
The Customer also has the right to update, integrate and rectify the data, if inaccurate or incomplete, as well as the right to request cancellation or blocking thereof if the data is found to be handled in violation of the law.
These rights may be exercised by the Customer directly against the seller, Owner and Responsible Party for data handling, sending any requests to Caseificio il Boiardo – Matilde di Canossa s.c.a. with registered offices at Via Delle Scuole 5 – 42019 Scandiano (RE).
Marketing communications will only be sent against explicit consent from the Customer granted together with the authorisation to handle the data and sending the online registration form.
I – Claims
Any claims must be sent via registered, return-receipt post to Caseificio il Boiardo – Matilde di Canossa s.c.a. with registered offices at Via Delle Scuole 5 – 42019 Scandiano (RE).
L – Jurisdiction and applicable law
The sales contract between the Customer and the seller is understood to be stipulated in Italy and governed by Italian law. For the resolution of civil and/or criminal controversies stemming from the stipulation of this sales contract, the territorial jurisdiction falls entirely to the Reggio nell’Emilia (RE) Court.
M – Terms and conditions
The terms and conditions in this document may be modified by the seller without any advance notice and will be valid from the date of publication on the Internet website www.caseificioboiardo.it.