Legal guarantee of conformity
To the senses and for the effects of Articles 128 et seq. of the Code of Consumption (D.Lgs. 206/2005) to consumers is reserved legal guarantee of conformity (Statutory Warranty).
Are Covered by the guarantee all products that have a lack of conformity at the time of delivery or that manifests itself within 24 months from the date of purchase.
This defect should be detected within months 2, following the discovery of the defect itself, under penalty of forfeiture of the right to repair or replacement of the goods at the expense of the seller (Art. 130, paragraph 3, and Art. 132, paragraph 1,D.Lgs. 206/2005).
In the absence of evidence to the contrary, it is assumed that any lack of conformity which becomes manifest within six months from the delivery of the goods have existed at that date, unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity.
Where applicable conditions are met governed by Art. 130, paragraph 7 of the said decree, the consumer may alternatively request within 2 months from the discovery of the defect of conformity, an appropriate reduction of the price or have the contract rescinded, taking into account the possibility on the part of the vendor to offer the consumer any remedy available to the senses and for the effects of the Art. 130, paragraph 9, D. Lgs. 206/2005.
In any case, the direct action to assert the defects not intentionally concealed by the seller shall be extinguished within 26 months from the delivery of the goods (Art. 132, paragraph 4, of the Italian Legislative Decree n. 206/2005).
This legislation only applies to individuals subject to the law arranged by the code of consumption, while for purchases made with the invoice and VAT by professionals and businesses, shall be subject to the provisions of the Civil Code, Articles. 1490 et seq., relating to the vices of the Thing sold, for which the legal guarantee of conformity is only valid for 12 months and the discovery of the defect of conformity must be formally detected within 8 days of delivery of the goods.
General conditions of use and sale
The company "The Rustichella Truffles s.r.l.", having its registered office in Rome (RM), Via Salaria n. 290 and administrative headquarters located in Rome (RM), in Via Salaria n. 290, P.IVA 11711371002 is the owner of the web site www.larustichellatruffles.com.
Introduction
These conditions of sale governing the contracts for the purchase of products present on the e- commerce www.larustichellatruffles.com
All contracts for the purchase of products concluded through the site www.larustichellatruffles.com are subject to the discipline in respect of contracts concluded at a distance, Articles. 45 And ss of the D.Lgs. 206/2005.
We invite customers to take a look at the following general conditions of sale, which constitute binding agreement for the use of the site and for the on-line purchase procedure.
The conditions of use and sale governing existing commercial relations between the owners and the author of the Order, whose personal data are indicated in the registration form and in the order form. Any condition formulated by the customer that does not conform to these Terms of Use will be deemed invalid.
These Terms of Use will be able to undergo all the changes made necessary by subsequent provisions of law.
With this agreement, the ownership provides goods and services selected by the customer in the order form, to be considered an integral part of the contract.
The contract for the purchase of goods between the owner of the site and the customer must be construed concluded with the acceptance, even partial, of the order by title. By placing an order in the various modes, the Customer declares to have read and accepted in every part, all the indications provided to him during the purchase procedure, the offer of the specifications of the products, and the present conditions of use in their entirety.
The Customer declares to have not inserted in the order form false data or fancy, and therefore declares that the data inserted correspond to their real personal data. The titularity reserves the right to prosecute in appropriate seats for every violation and abuse.
The obligations assumed by the customer in this article as well as the guarantee of the positive outcome of the payment from these performed, have essential character for the title, which reserves the right, in the event of failure to comply with one of the above obligations, to terminate the contract of law, without prejudice to any right to compensation for damage.
Legislation in force
The sales contract between the customer and the ownership is meant concluded in Italy and governed by Italian Law.
The place of jurisdiction for any dispute criminal and civil law arising from the conclusion of this contract of sale at a distance will be the one where there is the headquarters of the ownership.
Registration to the site
The Site registration is required to place an order. Without being registered you will only be able to consult the catalog products present on the site.
In the step of recording the customer must provide certain personal data, necessary for the management of its online orders, and indicate an address valid e-mail and a password that will allow access to the carriage to make purchases on the Site, with maximum confidentiality.
After the registration, the customer will receive a confirmation e-mail, following which will have access to the carriage of the Site by logging in, by means of the insertion of the email address and password indicated in the registration form.
The registration must be carried out for the first time only, then the customer will have access to your truck using the same login data. Invite, therefore, customers to transcribe the email address and password at the time of registration.
Technical information
The technical information included in the Site, are derived from information provided by the production. The title, therefore, reserves the right to modify and/or adapt the technical and dimensional information of the products listed in the catalog, in reason of any changes relating to the production of the products themselves, even without any prior notice.
Availability of products
The customer can purchase only the products listed in the electronic catalog available on the site at the time of the submission of the order in the amount present in the warehouse.
Product availability may be displayed by entering in the descriptive sheet of the product or from the truck.
If the amount of the ordered product should exceed the one present in the warehouse, an icon will appear, prior to purchasing, which will inform the customer of the absence of product availability for the requested quantities.
Therefore, the client will have the faculty to modify the required amount or to submit the order. In the latter case the customer will be contacted by our staff the Rustichella s.r.l. that communicate the waiting times for the supply of the product. The change of the quantity of the products that are present in the warehouse takes place in real time only at the time of the conclusion of the order, for which it is advisable to always check the actual availability of the product, before the submission of the order. The Rustichella s.r.l., in fact, cannot be held responsible of the waiting times for the supply of the product for quantities in excess of the availability in stock at the time of purchase.
Prices in the catalog
All prices shown on the site are VAT included.
The titularity reserves the right to change prices for products at any time.
The prices that will be inserted in the purchase invoice will be the same as in force at the time of the order. In the event of a divergence between the rate indicated in the invoice and the one in force at the time of the customer order, due to a typing error, edition or calculation on the Site, prevail the tariff in force at the time of purchase.
How to purchase
The customer can purchase only the products listed in the electronic catalog of the site at the time of order submission.
The proposal of purchase is constituted only at the moment of the purchase confirmation from part of the customer.
Once you receive the confirmation of purchase, you will see a page with a summary of the order.
Subsequently, the customer will receive an e- mail by the owner of the site to the email address communicated at the time of registration.
The confirmation message will contain a Customer Order Number to be used in all subsequent communications with the ownership, and reproposing all data entered by the customer who undertakes to verify the correctness and communicate any corrections to the contacts listed in its registration form or on the e-mail itself confirmation.
All orders are subject to acceptance on the part of the holder which reserves to its unquestionable choice, the right to cancel any order in the case in which:
- there are no errors associated with the order of the customer or with the information sent by the customer through the Site;
- the customer does not comply with the General Conditions of Sale listed in this document.
In the case of non-acceptance of the order, the ownership ensures timely communication to the customer through e-mail or by telephone.
If the ordered products should not be available after the confirmation of the order, the ownership will send an e-mail to the customer in order to inform them and propose to amend or cancel the order.
Methods of acceptance and fulfillment of the order
The titularity reserves only accept orders from individuals in possession of Tax Code and/or VAT number (or a given equivalent if not resident in Italy) and who have completed the age of majority.
Moreover, the same reserves the right to reject the order even in the following cases:
1) Consignments at Mailboxes;
2) When it is in possession of demographic data are not real or incorrect;
3) When there is a previous failure to any title against "the Rustichella Truffles s.r.l.; in the case of registration in the list of protests and subjection to insolvency procedures;
4) Unavailability of the goods for any reason in its own warehouses or from suppliers;
5) In every other case of incompatibility with the economic interests and corporate policies of ownership.
The titularity provides, in the face of the verification of payment by the customer, to fulfill orders from monday to friday, from 9 a.m. to 5 p.m.
Mode of payment
The ownership, for deliveries in Italy accept the following forms of payment:
1) Payment with Credit card or prepaid card:
Choosing the mode of payment with Credit Card , by clicking on the "Confirm order" the customer will be addressed on a secure server where they will be able to make the payment in the absence of the risk that third parties are in possession of your personal data. At the end of the operation the customer will be reinderizzato on the site will be communicated the possible conclusion of the purchase procedure with success.
At no time during the purchase process ownership can come to knowledge of the private information relating to the credit card of the purchaser, transmitted via secure connection directly to the site of the bank that manages the transaction. No computer archive will retain these data. In no case shall the Rustichella Truffles s.r.l. can therefore be held responsible for any fraudulent use and undue credit cards from a third party at the time of the payment of the purchased products on www.larustichellatruffles.com
The amount relating to orders shipped will actually be charged to the credit card of the customer only at the time of the delivery material of well ordered.
The titularity reserves the right to ask the customer a copy of an identity document proving the ownership of the paper used. In defect, will have the option not to proceed with the acceptance of the order.
2) Payment with Credit Card - PAYPAL system:
By choosing this method of payment, by clicking on the "Confirm order" you will be directed to the secure server of PayPal, where you will be able to carry out the payment using a credit card or directly to the PayPal account, where they will be able to make the payment in the absence of the risk that third parties are in possession of your personal data. At the end of the operation the customer will be reinderizzato on the site will be communicated the possible conclusion of the purchase procedure with success.
In case of cancellation of the order by the customer, both in the case of non-acceptance of the same by the ownership at the same time as the annulment, the amount relating to the goods canceled will be credited on the Paypal account. The times for charge-back on the instrument of payment chosen inside the Paypal account depend exclusively from PayPal and the banking system concerned.
At no time during the purchase process ownership can come to knowledge of the private information relating to the credit card of the buyer, or to other modes choices inside the wallet of PayPal and transmitted via secure connection directly to the PayPal site that manages the transaction. No computer archive will retain these data. In no case shall the Rustichella Truffles s.r.l. can therefore be held responsible for any fraudulent use and undue credit cards from a third party at the time of the payment of the purchased products on www.larustichellatruffles.com
At the same time as the conclusion of the on-line transaction, PayPal will charge immediately the amount relating to the purchase.
The titularity reserves the right to ask the customer a copy of an identity document proving the ownership of the Paypal used. In defect, will have the option not to proceed with the acceptance of the order.
3) Bank transfer
In case of payment by bank transfer in advance, the goods ordered by the customer will be kept engaged until the receipt of proof of payment should be sent to the e-mail Info@larustichella.com within and not later than 3 working days from the date of acceptance of the order.
The delivery of products purchased will occur only at the time of the actual receipt of the sum to be part of the title that will take place within 7 working days.
Beyond this period, the order will be automatically canceled.
The following are the bank coordinates "The Rustichella Truffles Service s.r.l":
IBAN:
IT87P0569639100000002668X21
The purpose of the bank transfer must indicate:
1) The order number indicated in the e-mail you received at the time of the confirmation of the Order;
2) The date on which the order has been accepted by the system, shown in e-mail sent from ownership;
3) Name and surname of the holder of the Order;
4) The data for the Bank payment there will be indicated in the order confirmation email.
Shipping and delivery of products
The shipping costs are charged to the customer.
During the order procedure online, the software will provide for automatic calculation of the shipping costs based on the total weight of the goods ordered, country and belonging zone, payment method and shipping method chosen.
The customer then has the possibility to know the cost of the shipment at the appropriate time and for the purposes of the order confirmation.
The titularity takes on the burden of carrying out all the operations relating to the delivery, only in 48/ 72 hours subsequent to the payment by the customer.
In moments of high turnout, it may happen that some product goes out and the times of retrieval become higher than expected.
In this case, a member of our staff will contact the customer for troubleshooting.
The products will be delivered by means of DHL Express Courier, BRT , UPS at the address specified by the customer during the recording of the data of the order.
No liability can be attributed to the Ownership in the event of a delay in the execution of the order or in the delivery of the products.
At the time of delivery of the goods by the courier, the customer is obligated to check:
1) That the number of parcels delivered corresponds to what is indicated in the transport document in advance via e-mail;
2) That the pack remains intact, not damaged, do not tampered with, nor wet or otherwise altered, also in sealing materials (tape and clips).
In the absence of written rebuttals on document for the delivery of the goods delivered to the customer by the conveyor, the goods shall be deemed to have been properly delivered, in the absence of external defects of the same.
In the case of disputes proposals for writing affixed on the delivery document, or in the case of refusal of the delivery, is obliged to inform also the ownership by e- mail to: Info@larustichella.com
In the event of repeated inability to proceed to the delivery at the address indicated by the customer when the order, the non-collection of the goods within 5 working days will result in the automatic cancellation of the order itself.
Shipments will be made only after the payment of the full amount requested at the time of the order.
Shipping costs
Orders coming from national territory with higher amount to Euro ____, will not pay shipping.
Shipping costs for orders below will be equal to Euro______, with a supplement equal to Euro____ for the disadvantaged areas and islands.
The fare for consignments ester will vary automatically according to the country of delivery.
Shipping time: 24/48 hours
The freight forwarder is chosen on the basis of the real competence in the area (between Sda, Bartolini, DHL, UPS, TNT) and delivery is estimated at 24 hours. The times for the islands and disadvantaged areas are estimated instead in 48 hours.
In the evening of the sending you will receive an email that will confirm the shipment. Through their own access to the reserved area, it will be possible to understand if you do not arrive the next day, the position.
Release the accompanying invoice
For all orders placed on the site, the ownership issues the transport document of the delivered goods.
In the case in which the customer requires the issuance of the invoice this will be delivered to the customer together with the goods ordered.
In the invoice will be given only the information and data provided by the customer in the registration form.
After the issuance of the invoice will not be possible to affix any type of modification.
Exemption from liability
Ownership is not responsible for any loss or damage, direct or indirect, resulting from the sale of goods and services offered in the catalog published on the site, even for delayed and/or non-delivery of the product, nor for the correspondence of the goods to the specifications published in the site, nor for any other fact not attributable directly to the ownership.
Is excluded any right of the Customer to damages or compensation, and any contractual or non-contractual liability for direct or indirect damages to people and/or things, caused by the non-acceptance, even partial, of an order.
The picture accompanying the description of a product may not be fully representative of its characteristics, but differ in color, size, products accessories shown in the figure. All support information shall be construed as a simple generic material, not related to the real characteristics of a single product. ownership is not liable for typographical errors or changes of the characteristics and prices introduced by producers or damage caused by improper use of products.
Replacement Article for incorrect shipment
The procedure of replacement products for incorrect shipment is operable when was mistakenly shipped a product different from that to which the customer has ordered and therefore not present in his order.
This error must be communicated by the customer within and not later than 8 calendar days from the date of delivery of the goods,
The replacement procedure will be activated by sending an email to the following email address: Info@larustichella.com
Before activating this service the customer must compare the goods delivered with the technical description of the article on the site where it is possible to display an image for each article and its technical characteristics.
Shipping costs in case of replacement of the article during shipping will be charged of ownership.
The article must be returned in the state in which it was delivered, then without signs and writing of any kind on the packaging and without being in any way open or used; using a rigid box and a suitable packaging that protects it from damage during transport.
In defect, the replacement product will be canceled.
The opening of the package will be allowed as indispensable, only in cases in which the packaging does not allow the verification of the ordered product with respect to the delivered.
In the case in which the article present in your purchase invoice is no longer available, you will be contacted by the title that will issue a credit note and, at the same time, will emit a bank transfer on the current account of the customer.
The amount of possible credit note and the bank will be calculated taking into account any discounts and promotions present in the invoice of the purchase.
Article incomplete of some parts or accompanying materials:
This service can be activated within 8 days from receipt of goods; if the same is not complete in all its parts or accessories supplied.
For terms and conditions please refer to the previous paragraph of the General Conditions of use and sale.
Damage to the goods during transport
In the case in which the carrier carries out the delivery to the customer with a package is visibly damaged, it is recommended to get a refund or exchange, to accept the goods by affixing on the transport document the reason "accepted with reserves of control".
Always verify the integrity of the goods at the time of opening of the package.
The Customer must therefore within and not beyond the term of 8 days from the date of delivery, an e- mail to the title of "The Rustichella Truffles s.r1", indicating that the goods were withdrawn with reserve of control and identifying the fault found.
The ownership will open a case of damage to the replacement of the goods.
In the case of reports received over the aforesaid term, the request of damage will not be submitted.
Right of withdrawal
The purchases on the Site are subject to the rules dictated in respect of distance contracts, in cases where the goods are delivered to the address of the customer, since such purchases are perfected outside of business premises of our company (Legislative Decree 185/1999).
The customer has the right to withdraw from the contract, without any increase in costs and without specifying the reason within 14 working days from the delivery of the products, provided that the cancellation is communicated and signed by means of a/R at the following address via Mauritius Iaconelli 6, San cesraeo ( RM ) or by sending a fax to the number 069570115, as established by Article 52 of the D.Lgs. 206/2005.
The shipping of the goods on which the Customer exercises the right of withdrawal shall be borne by the customer.
If the right of withdrawal has been properly exercised by the customer, the ownership will reimburse the sum paid for the purchase of the goods within 30 days from the date on which it became aware of the exercise of the right of withdrawal from part of the customer.
The amount refunded will be considered net of shipping costs.
The customer will be responsible for the decline in the value of the returned goods resulting from a manipulation other than that necessary to determine the nature, characteristics and operation of the product itself.
It should be noted that in the case of operations with award (the cd. promotions), in which the purchase of a good is combined with another good that is sold to a paltry price or even gave the right of withdrawal will be legitimately exercised with the refund of both goods to the purchase, given the constraint of the accessory nature of well in promotion with respect to the first.
The right of withdrawal is not allowed in the case of:
1) Returning Products (packaged and sealed) opened by the customer;
2) Of goods made to measure or custom;
3) Of goods which by their nature cannot be returned or are liable to deteriorate or to expire rapidly.
After you have enabled the practice of withdrawal is necessary to insert the original casing containing the goods in a package suitable, in such a way as to safeguard the original product packaging from any damage, writing or alteration.
Scribble on packages shipped in visible position the number and the year of the order.
Send the goods at his own expense, to the following address: Via M. Iaconelli 6, San Cesareo,(RM)
It is understood that the warehouse of the Rustichella Truffles Service Srl will not accept shipments without the order number on the package that will be returned to the sender at his own expense.
For shipping it is recommended to use a courier or other suitable means to allow the traceability of the consignment.
It is understood that the Rustichella Truffles Srl will not refund of the goods to which the withdrawal if it does not receive the delivery.
The titularity reserves the right not to accept shipments of components or products for which were not carried out detailed rules for the refund specified in this chapter.
Within the meaning of Articles 52 et seq. of the D.Lgs. n. 21/2014, carried out in implementation of Directive 2011/83/EU consumer rights, amending Directives 93/13/EEC and 1999/44/EC and repealing Directives 85/577/EEC and 97/7/EC, it defines the Customer "consumer" is a natural person who concludes a purchase at a distance or away from business premises, for purposes not related to his professional activity or business, or does the purchase order form indicating a reference to VAT, which has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, except as established by the code of consumption to the subsequent Sections 1.4, 1.5 and 1.6.
The right of withdrawal, then, cannot be exercised by legal persons and natural persons acting for purposes related to a commercial activity.
Remain excluded from the right of withdrawal also purchases made by retailers or by parties in whatever way they purchase for resale to third parties.
Information on the processing of personal data pursuant to Legislative Decree No. 196/2003 (privacy):
Privacy Notice
Dear Customer, within the meaning of art. 13 of Legislative Decree No. 196/2003, in reference to the personal data acquired, also verbally, directly or through a third party, we hereby inform you that:
- The data will be treated in relation to the contractual requirements and to the consequent fulfilment of legal and contractual obligations deriving from;
- for the purposes of making more effective management of trade relations, the conferral of personal data is necessary. Therefore, the eventual refusal to supply them or to authorize the subsequent treatment will determine the impossibility of making executive the effects of the contractual relationship;
- The data will be treated in written form and/or on magnetic media or electronically by responsible responsible for orders, marketing or administration;
- regardless of the communications made in execution of obligations of law, the data may be communicated in Italy to our network of agents and to companies or professionals of our trust for accounting activities or administrative assistance for the protection of credit and other rights related to the individual commercial relationship; the updated list of these subjects is available at the headquarters of the ownership of the treatment and will be supplied at the request of the person concerned;
- In relation to the data provided, you can exercise the rights provided for by art. 7 of Legislative Decree 196/2003 (access, updating, rectification, integration, cancellation and opposition to the treatment) within the limits and under the conditions laid down in Articles 8, 9 and 10 of the aforesaid legislative decree;
- the proprietor of personal data is the Rustichella Truffles Service s.r.l., P.IVA 11711371002, in San Cesareo (RM), Via Salaria n. 290.
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