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The products that are the subject of these general conditions are offered for sale by Triscele Art Food S.r.l., with registered office in Regione Frati 6, 17031 Albenga (SV), registered with the Chamber of Commerce of Savona under number 214833 of the Company Register; VAT and CF number 01785350099.
1. The term "online sales contract" refers to the sales contract for Triscele Art Food S.r.l. products, concluded between the Seller and the Buyer through a distance selling system using online tools, organised by Triscele Art Food S.r.l.. 2. The term "Buyer" refers to the consumer, natural or commercial person, who makes the purchase. 3. The term "Triscele Art Food S.r.l." refers to the subject indicated in the epigraph or the subject providing information services. 4. The products that are the subject of these general conditions are offered for sale by the company "Triscele Art Food S.r.l." as identified already. 5. The Buyer expressly declares that he/she is making the purchase for purposes other than the commercial or professional activity carried out.
1. With this contract, Triscele Art Food S.r.l. sells and the Buyer buys the products indicated and offered for sale on the website www.trisceleartfood.it. 2. The products mentioned in the previous point are illustrated on the web page: trisceleartfood.it/shop-online. Triscele Art Food S.r.l. undertakes to describe and present the items sold on the site in the best possible way; however, there may be small differences between the products described on the site and the real product (for example, the packaging).
1. The contract between Triscele Art Food S.r.l. and the Buyer is concluded exclusively on the Internet channel, through the Buyer’s access to the address www.trisceleartfood.it, where, following the procedures indicated, the Buyer will formalise the proposal to purchase the products.
1. The sales contract is considered concluded when Triscele Art Food S.r.l. sends the Purchaser an e-mail confirming the order. The e-mail contains the Buyer’s information and the order number, the price of the products purchased, the shipment fees and the delivery address to which the products will be sent. 2. The Buyer undertakes to check the accuracy of the personal information contained in the e-mail and to promptly notify Triscele Art Food S.r.l. of any corrections by sending an e-mail to: trisceleartfood@gmail.com or ordini@trisceleartfood.it. 3. 3. The contract will not be considered final and effective if the information in point 4.1 is not provided.
1. Payment by the Buyer can be made by the following means: credit card, PayPal, bank transfer in advance or cash with collection at the Seller’s premises, mobile payment by SumUp. 2. For purchases paid by the PayPal payment method, at the end of the order, the Buyer will be directed to the PayPal login page. The order amount will be debited from your PayPal account directly upon completion of the payment. If you do not have access to PayPal, you can make the purchase by credit card without having to register with PayPal. At no time during the purchase process is Triscele Art Food S.r.l. in a position to know the details of the Buyer’s PayPal account and the credit card associated with it. For each transaction made with the PayPal service, the Buyer will receive a confirmation e-mail from PayPal. 3. When paying by bank transfer in advance, the purchased products will be shipped after verification of the credit on the account indicated at the end of the order confirmation by Triscele Art Food S.r.l. 4. Any refund to the Customer will be made by one of the means proposed by Triscele Art Food S.r.l. and chosen by the Customer, in due time and, in case of exercise of the right of withdrawal, as governed by clause 13, point 2 and following of this contract, at the latest within 30 days from the date on which Triscele Art Food S.r.l. became aware of the withdrawal. 5. All communications relating to payments take place on a special Triscele Art Food S.r.l. line protected by an encryption system. This encryption system is guaranteed by the persons responsible for the chosen payment method: Paypal, SumUp and Unicredit Bank.
1. Triscele Art Food S.r.l. will deliver the selected and ordered products by express or conventional mail, as confirmed in the e-mail mentioned in point 4.1. 2. Delivery times may vary from the day of the order to a maximum of 10 working days from the confirmation of the order. If Triscele Art Food S.r.l. is not able to deliver within this period, the Buyer will be promptly informed by e-mail. 3. The above-mentioned delivery times are not valid during the temporary interruption of the activity of Triscele Art Food S.r.l. for holidays and summer closure. Triscele Art Food S.r.l. will promptly communicate the periods of closure of online shipments on the page www.trisceleartfood.it. Orders received during the periods when the company is closed will be shipped, respecting the delivery times, from the date indicated when the company reopens.
1. All sales prices of the products displayed and indicated on the website www.trisceleartfood.it are expressed in euro and constitute an offer to the public pursuant to Article 1336 of the Civil Code. 2. The purchase prices referred to in the previous point are inclusive of VAT at 4% and 10% and any other fees. Shipment fees and any additional fees (e.g. customs clearance), although not included in the purchase price, must be indicated and calculated in the purchase procedure before the order is placed by the Purchaser and also contained in the web page summarising the order placed. There is no fee for standard shipment within Italy; it is only possible to request this service against a minimum purchase order cost of 60 euro. Furthermore, there is no shipment fee for an order of at least 150 euro in the following countries: France, Austria, Belgium, Germany, Poland, Holland, Luxembourg, Monaco, Sweden, Spain, Portugal, Greece, Finland, Denmark. Conversely, a shipping fee of 7,99 euro is required for parcels shipped within Italy and from 15 euro onwards within Europe. The minimum fee to be able to complete the purchase on the site is 19 euros. 3. In the event of a computer, manual, technical or any other error that could lead to a substantial change, not foreseen by Triscele Art Food S.r.l., in the sale price, making it exorbitant or clearly derisory, the purchase order will be considered invalid and cancelled and the amount paid by the Buyer will be refunded within 14 days from the day of cancellation.
1. The availability of the products refers to the actual availability at the time the Buyer places the order. This availability must be considered as purely indicative because, due to the simultaneous presence of several users on the site, the products may be sold to other Buyers before the order is confirmed. 2. If an order exceeds the quantity available in the warehouse, Triscele Art Food S.r.l. will inform the Buyer by e-mail if the product is no longer available or how long it will take to obtain the chosen product, asking whether or not the Buyer intends to confirm the order. 3. If the Customer requests the cancellation of the order, Triscele Art Food S.r.l. will refund the amount paid within 14 days from the date of receipt by Triscele Art Food S.r.l. of the request for cancellation of the order.
1. Triscele Art Food S.r.l. does not assume any responsibility for inefficiency due to force majeure, should it not be able to execute the order within the timeframe stipulated in the contract. 2. Triscele Art Food S.r.l. cannot be held responsible to the Buyer, except in the case of fraud or gross negligence, for inefficiencies or malfunctions related to the use of the Internet out of its control. 3. Nor will Triscele Art Food S.r.l. be liable for any damage, loss or costs incurred by the Buyer as a result of the non-performance of the contract for causes not attributable to it, the Buyer being entitled only to a full refund of the price paid and any additional costs incurred. 4. Triscele Art Food S.r.l. does not assume any responsibility for the fraudulent or illegal use of credit cards and other means of payment by third parties when paying for the products purchased, if it can prove that it has taken all possible precautions on the basis of the best science and experience of the time and with ordinary diligence. 5. The Buyer cannot be held responsible for any delays or setbacks in payment if he can prove that he has made the payment within the time limits and in the process indicated by Triscele Art Food S.r.l..
1. Triscele Art Food S.r.l. cannot be held liable for the consequences of a defective product if the defect is due to the conformity of the product, to an imperative legal standard or to a binding measure, or if the state of scientific and technical knowledge, at the time the producer put the product into circulation, did not yet allow the product to be considered defective. 2. No compensation shall be payable if the injured party was aware of the product’s defect and the resulting danger and nevertheless exposed himself to it voluntarily or did not store the purchased product with due care. 3. In any event, the aggrieved party must prove the defect, the damage and the causal link between the defect and the damage.
1. Triscele Art Food S.r.l. is liable for any defects of conformity that appear during the expiry period of the products, unless they have not been kept by the purchaser in the manner provided for. 2. For the purposes of this contract, consumer goods shall be presumed to be in conformity with the contract if, where applicable, the following circumstances coexist (a) they are fit for the purpose for which goods of the same type are normally intended; (b) they conform to the description made by the seller and possess the qualities of the product which the seller has presented to the consumer as a sample or model; (c) they have the quality and performance usual to a product of the same type and which the consumer can reasonably expect, taking into account the nature of the product and, where appropriate, public statements on the specific characteristics of the product made in this respect by the seller, the producer or his agent or representative, in particular in advertising or on labelling. 3. The purchaser loses all rights if he does not notify Triscele Art Food S.r.l. of the lack of conformity within 30 days of delivery of the goods. 4. In the event of a lack of conformity, the Buyer may request, alternatively and free of charge, under the conditions indicated below, the replacement of the products, a reduction in the purchase price or the cancellation of this contract, unless the request is objectively impossible to satisfy or excessively onerous for Triscele Art Food S.r.l. pursuant to art. 130, paragraph 4, of the Consumer Code. 5. The request must be sent in writing, by registered letter with acknowledgement of receipt, to Triscele Art Food S.r.l., which will indicate its willingness to comply with the request or the reasons preventing it from doing so, within seven working days of receiving the request. In the same communication, if Triscele Art Food S.r.l. has accepted the Customer’s request, it will indicate the method of shipment or return of the goods and the deadline for the return or replacement of the defective goods. 6. In the same communication, if Triscele Art Food S.r.l. has accepted the Buyer’s request, it will indicate the proposed price reduction. In this case, it is up to the Customer to indicate how the amounts previously paid to Triscele Art Food S.r.l. will be credited.
1. The Buyer undertakes to pay the price of the goods purchased within the time and in the manner indicated in the Contract. 2. The Buyer undertakes, once the on-line purchase procedure is completed, to print and keep this Contract. 3. The information contained in this Contract has already been consulted and accepted by the Buyer, who acknowledges this, and this step is obligatory before the purchase is confirmed.
1. The purchaser has the right to withdraw from the contract concluded in any case, without penalty and without giving any reason, within 10 (ten) working days from the day of receipt of the purchased goods. 2. If Triscele Art Food S.r.l., as seller, has not complied with its obligations to provide information on the existence, methods and time limits for returning or withdrawing the material, in the event of the exercise of the right of withdrawal referred to in article 52 of the Consumer Code, the period for exercising the right of withdrawal is 90 (ninety) days and begins to run from the day the consumer receives the material. 3. If the buyer decides to exercise the right of withdrawal, he/she must communicate this to the seller by registered letter with acknowledgement of receipt to Triscele Art Food S.r.l., Regione Frati 6, 17031 Albenga (SV) or Pec: trisceleartfoodsrl@legalmail.it provided that such communications are confirmed by registered letter with acknowledgement of receipt to Triscele Art Food S.r.l., Regione Frati 6, 17031 Albenga (SV) within 48 (forty-eight) hours. The stamp of the Post Office on the issued receipt shall be deemed authentic between the parties. For the purposes of exercising the right of withdrawal, the sending of the communication may be validly replaced by the return of the purchased products, provided that this is done under the same conditions. The date of delivery to the post office or carrier shall be decisive between the parties. 4. The product must in any case be returned within 30 (thirty) days from the date of receipt of the product itself. In any case, in order to be entitled to a full refund of the price paid, the product must be returned intact and, in any case, in its normal state. 5. The only costs to be borne by the consumer for exercising the right of withdrawal provided for in this article are the direct costs of returning the products to Triscele Art Food S.r.l.. Triscele Art Food S.r.l. will reimburse the total amount paid by the Customer within 30 (thirty) days of receipt of the notice of withdrawal and receipt of the product. 6. Upon receipt of the communication by which the Buyer communicates the exercise of the right of withdrawal, the parties to this contract are released from their mutual obligations, without prejudice to the provisions of the previous points of this article.
1. The obligations referred to in point 12.1, assumed by the Buyer, as well as the guarantee of payment that the Buyer makes with the means referred to in art. 5.1, as well as the exact performance of the obligations assumed by Triscele Art Food S.r.l. in point 6, are essential, so that, by express agreement, the failure to comply with any one of these obligations, except for unforeseeable circumstances or cases of force majeure, will result in the legal termination of the contract under art. 1456 c.c., without the need for a court decision.
1. Triscele Art Food S.r.l. protects the privacy of its customers and guarantees that the processing of information complies with the provisions of the privacy regulations set out in Legislative Decree no. 1961 of 30 June 2003. 2. The personal and fiscal data acquired directly and/or through third parties by Triscele Art Food S.r.l, responsible for the processing, are collected and processed on paper, computerised or telematic support, depending on the type of processing, for the purpose of registering the order and activating the procedures for the execution of this contract and the related necessary communications, in addition to fulfilling any legal obligations, as well as to allow the efficient management of commercial relations to the extent necessary for the best execution of the service requested (art. 24, paragraph 1, letter b, Legislative Decree no. 196/2003)2. 3. Triscele Art Food S.r.l. undertakes to treat the information and personal data provided by the Buyer with confidentiality and not to reveal them to unauthorised persons, nor to use them for purposes other than those for which they were collected, nor to transmit them to third parties. Such data may only be disclosed at the request of the judicial authorities or other authorities authorised by law. 4. Personal data shall only be communicated, subject to the signing of a data confidentiality agreement, to persons delegated to carry out the activities necessary for the execution of the contract concluded and communicated exclusively for this purpose. 5. The Buyer shall have the rights provided for by article 7 of Legislative Decree 196/03, namely the right to obtain a) the updating, rectification or, if desired, the integration of personal data b) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed c) certification that the operations referred to in letters a) and b) have been notified, including their content, to the subjects to whom the data were communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right to be protected. The data subject shall also have the right to object, in whole or in part (i) on legitimate grounds, to the processing of personal data concerning him or her, even if relevant to the purpose of the collection (ii) to the processing of personal data concerning him/her for the purpose of sending advertising material or direct sales or for carrying out market research or commercial communication. 6. The communication of personal data by the Buyer is a necessary condition for the correct and timely execution of this contract. Otherwise, the Buyer’s request cannot be processed. 7. In any case, the acquired data is kept for a period not exceeding that necessary for the purposes for which it was collected or subsequently processed. Their deletion is in any case carried out in a secure manner. 8. The owner of the collection and processing of personal data is Triscele Art Food S.r.l., to whom the Buyer may address any request at the company’s headquarters.
1. In accordance with art. 12 of Legislative Decree 70/03, Triscele Art Food S.r.l. informs the Buyer that each order sent is stored in digital/paper form at the Triscele Art Food S.r.l. headquarters, in accordance with confidentiality and security criteria.
1. Written communications addressed to Triscele Art Food S.r.l. and any complaints will only be considered valid if sent to the following address: Triscele Art Food S.r.l. Regione Frati 6, 17031 Albenga (SV) or sent by e-mail or Pec to the following address: trisceleartfoodsrl@legalmail.it. In the registration form, the Buyer must indicate his/her residence or domicile, telephone number or e-mail address to which he/she wishes communications from Triscele Art Food S.r.l. to be sent.
1. All disputes arising from this contract will be submitted to the Chamber of Commerce of Savona and resolved in accordance with the conciliation rules adopted by the Chamber. 2. The Court of Savona is exclusively competent to rule on disputes arising from this contract.
1. This contract is governed by Italian law. 2. For all matters not expressly provided for in this contract, the rules of law applicable to the relationships and cases provided for in this contract shall apply, and in particular Article 5 of the Rome Convention of 1980. 3. In accordance with Article 60 of Legislative Decree 206/05, the provisions contained in Part III, Title III, Chapter I of Legislative Decree 206/05 are expressly referred to.
This contract cancels and replaces any previous agreement, arrangement or negotiation, written or oral, between the parties concerning the subject matter of this contract. General provision of the Guarantor for the protection of personal data Simplification of certain obligations in the public and private spheres with regard to processing for administrative and accounting purposes of 19 June 2008, published in the Official Gazette of 1 July 2008, n. 152. General provision of the Data Protection Commissioner "Practical guide to simplification measures for small and medium-sized enterprises" of 24 May 2008, published in the Official Gazette of 21 June 2007, n. 142.
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