Terms and Conditions of Sale - Ristorante e Salumi del Divin Porcello

1 – Premise:

All commercial relations between Divin Porcello di Sartoretti Massimo & C. S.a.s., and the Customers are governed exclusively by the following general conditions of sale, excluding any other agreement, if not agreed in writing, even placing an order online, implies full acceptance of the following conditions.
Any person acting in the name of the Client will represent and undertake towards di Sartoretti Massimo & C. S.a.s., since the client himself is directly responsible for the confidential conservation and use of his data.

2 – Responsibility:

Divin Porcello by Sartoretti Massimo & C. S.a.s. declines all responsibility for damages or losses, direct or indirect, deriving from the goods – both of which it is the manufacturer and of which it is only the distributor – or from the use of the same and from the provision of services – as proposed in the catalog published on our site, also for delayed or non-delivery of the product, nor for the correspondence of the goods to the specifications published on the website. The user acknowledges and agrees that the Service is provided with a maximum of 24 hours of annual downtime above which damages may be recognized for a possible failed transaction if it is proven with probative documents that the downtime that caused the damage was been more than 24 hours.

3 – Technical Information:

The technical information included in the website is obtained from the information published by the manufacturers of the goods included in our catalogue. Divin Porcello by Sartoretti Massimo & C. S.a.s. reserves the right to modify/adapt the technical and dimensional information of the products in the catalogue, based on what will be communicated by the producers, even without any prior notice; except for orders already forwarded and accepted.

4 – Orders:

E-commerce orders can only be submitted via the Internet (online).
At the end of the procedure, the customer who sends the order via the Internet will receive a communication confirming that the order proposal has been entered into our information system. The confirmation of the acceptance of the order or the refusal of the same (for accounting, administrative reasons or for lack of product) arrives at a later time by electronic mail (E-mail).
Upon conclusion of the contract, the order will be archived on our server.
When completing the First Order there are mandatory fields to fill in; upon returning to our Site (as a Registered User) it will be sufficient to enter the UserID and Password to view one’s data and possibly modify them. The responsibility for managing the UserID and Password lies exclusively and strictly with the Customer who undertakes to immediately notify our Company of any unauthorized use as well as any other violation of the security rules of which he becomes aware. In default, the responsibility is always and only of the Customer. Furthermore, the user undertakes at the end of each session to exit his account with the appropriate command entered on our site. Our site is subjected to detailed access control and through the log of the same we will be able to demonstrate any behavioral discrepancies of the Customer and contest them.

5 – Prices:

All the prices entered on the site, in the price list column, are to be understood as the list prices suggested for the end user – VAT included (B2C) while the prices for VAT holders are VAT excluded (B2B). List prices and discounts can be changed at any time, without notice, except for orders that have already been accepted.

6 – Product Availability:

Divin Porcello by Sartoretti Massimo & C. S.a.s. does not guarantee the certainty of assignment of the ordered goods, until the order itself is accepted and the acceptance communicated to the customer.

7 – Shipping and Deliveries:

Shipments, unless otherwise agreed, will be made by carriers defined by Divin Porcello di Sartoretti Massimo & C. S.a.s. In this case, and only when the shipping cost is charged, the goods travel at the risk of Divin Porcello di Sartoretti Massimo & C. S.a.s.. In the event of theft/loss confirmed by the carrier, Divin Porcello di Sartoretti Massimo & C. S.a.s. undertakes to send a new product and, if the same should be unavailable and/or out of stock, will offer a different product, but with equivalent characteristics, with the customer’s right not to accept this new product and request the issuance of a note of credit for the product itself.

List prices do not include transportation, handling or installation costs of the goods.
Assuming that the carrier is appointed, in any capacity by the customer, Divin Porcello di Sartoretti Massimo & C. S.a.s. will not be responsible for the loss and/or damage of the product from the moment of delivery of the goods to the carrier at its warehouses.
Unless otherwise agreed in writing between the parties, delivery to the Customer will take place at street level and during office hours: from 8.30 to 12.30; from 14.00 to 18.00, every day, except holidays, from Monday to Friday. Transport costs will be calculated when completing the order.

Deliveries that make exceptional and ancillary services indispensable (eg deliveries to both upper and lower floors, tail lift for earthing bulky packages, etc.) must be strictly agreed upon when placing the order. Therefore no dispute in this regard will be accepted subsequently.

8 – Risk and Property:

The goods are shipped free port with charge on the invoice.
In the event that the goods are shipped freight collect, following the customer’s indication, the risk is to be considered borne by the customer from the delivery of the goods to the carrier at our warehouses.
Upon receipt of the goods, even in the presence of intact packaging, the customer is required to immediately ascertain the conformity of the goods with respect to the purchase order made. In particular, he must verify the integrity of the goods and the quantitative and qualitative correspondence with what is indicated in the order and in the accompanying document (DDT).
In the event of discrepancies or apparent defects, these must be reported, under penalty of forfeiture, on the same accompanying document and confirmed, within seven days of delivery of the goods, via Pec or (+39 0324 35035) or registered letter with return receipt, to Divin Porcello di Sartoretti Massimo & C. Sas, Masera (VB), f.ne cresta, 11.
Any notification made after this deadline or with different methods will not be taken into consideration.
The customer will be liable for any damage resulting from false reports and declarations.

9 – Payments:

Terms of payment
Credit Card, Advance Bank Transfer
The products ordered by the Customer will be kept busy until receipt of proof of bank transfer, to be sent to Divin Porcello di Sartoretti Massimo & C. S.a.s. (by fax or e-mail) no later than 3 working days from the date of acceptance of the order. The shipment of the order will take place only when the amount due is actually credited to the current account of Divin Porcello di Sartoretti Massimo & C. S.a.s. .which must take place within 7 working days from the date of acceptance of the order. Go beyond these deadlines, the order will be deemed automatically cancelled.
The reason for the bank transfer must include:
– the order reference number;
– name and surname of the order holder.
For each order placed Divin Porcello di Sartoretti Massimo & C. S.a.s. issues an invoice for the shipped material, sending it by e-mail to the order holder or allowing it to be downloaded from the site, pursuant to Article 14 of the Presidential Decree 445/2000 and Legislative Decree 52/2004. For the issuance of the invoice, the information provided by the Customer at the time of the order is valid. No change in the invoice will be possible after it has been issued.
Payments can be made in the forms provided for by the programme. If payments are made by credit card, the transaction will automatically be moved, for security reasons, to the website of the credit institution
The bank details for transfers will be communicated by e-mail and the shipment of the goods will be made only when we are in possession of the payment.

10 – Right of Withdrawal:

The right of withdrawal is regulated in accordance with the law if the customer-consumer (i.e. a natural person who purchases the goods for purposes not related to his professional activity, or does not make the purchase by indicating a VAT number in the order form ) has the right to withdraw from the purchase contract for any reason. To exercise this right, the customer must send Our Company a communication within 10 working days from the date of delivery of the goods. This communication must be sent by registered letter with acknowledgment of receipt addressed to: Divin Porcello di Sartoretti Massimo & C. S.a.s., Masera (VB), f.ne cresta, 11.

Note: Customers who purchase with a VAT number cannot exercise the right of withdrawal.
Method of Withdrawal
The right of withdrawal is in any case subject to the following conditions:
– the right of withdrawal does not apply to audiovisual products or sealed computer software (including computer products attached to hardware material) once opened
– The purchased good must be intact and returned in the original packaging, complete in all its parts
(including packaging and any documentation and accessories); to limit
damage to the original packaging, we recommend, when possible, to place it in a second box, on which to note the label provided by our company; in all cases, the affixing of labels or adhesive tapes directly on the original packaging of the product should be avoided;
– The shipment, until the certificate of receipt in our warehouse, is under the complete responsibility of the customer;
– Our Company is not liable in any way for damage or theft/loss of goods returned by uninsured shipments.
When the right of withdrawal expires
The right of withdrawal is lost entirely, due to lack of the essential condition of integrity of the goods (packaging and/or its contents), in cases where Divin Porcello di Sartoretti Massimo & C. S.a.s.,
make sure:
– Even partial use of the asset and any consumables
– The lack of the external packaging and/or the original internal packaging;
– The absence of integral elements of the product;
– Damage to the product for reasons other than its transport
– In the cases indicated above, Our Company will return the purchased goods to the sender, charging the shipping costs to the sender
– Customers who purchase with a VAT number cannot exercise the right of withdrawal

11 – Returns of Goods

The return of the goods to Divin Porcello di Sartoretti Massimo & C. S.a.s.,
, in the cases foreseen by the art. 9 and 12, must be accompanied by the CLIENT completing a specific request to Divin Porcello di Sartoretti Massimo & C. S.a.s., .
who will inform the customer on the return methods.
Return requests must be received in writing within 7 days of receipt of the goods.
For unavoidable needs of timeliness connected to relations with manufacturers and insurance companies, reports of hidden defects must be received, and not only be sent, to the headquarters of Divin Porcello di Sartoretti Massimo & C. S.a.s., in writing, WITHOUT DELIVERY within 7 days since discovery.
Return method:
– The goods must be returned to Divin Porcello di Sartoretti Massimo & C. S.a.s., in the manner indicated by us within 7 (seven) days to the address of our headquarters.
– The material that will arrive in other offices will be rejected to the sender.
– The products must arrive in the original packaging and in any case must be salable: if this were not the case, we reserve the right to return the material to the customer with a charge for the return shipping costs, suspending the shipment of the replacement or the partial credit and, in any case we will charge the costs incurred by us for the restoration of the material.
– The transport cost will be at our expense. load with our courier in the event that the error is attributable to Divin Porcello di Sartoretti Massimo & C. S.a.s., in all other cases it will be charged to the Customer.
– In the event of a change in the price list, the amount credited will be the better amount for Divin Porcello di Sartoretti Massimo & C. S.a.s.
– Material returned carriage forward will be rejected.

12 – Complaints:

Any shipping errors or material shortages must be reported, in writing, according to the methods and terms indicated in point 11.

13 – Guarantees:

The purchase of material from Divin Porcello di Sartoretti Massimo & C. S.a.s. implies full acceptance of the warranty conditions provided by the manufacturer, which may be independent of the will of Divin Porcello di Sartoretti Massimo & C. S.a.s..
The customer, therefore, is aware that the purchased goods will be guaranteed by the manufacturer and under the conditions provided by the same, and therefore accepts, removing all reservations, all the methods of providing the manufacturer’s guarantee.

14 – Processing of Personal Data:

Pursuant to Law no. 196/03, the customer acknowledges that the “personal data” communicated and/or exchanged, even during the pre-contractual information phase, will be processed pursuant to, for the effects and with the purposes set forth in art. 12, paragraph 1, letters b), c), d) and f) of Law no. 196/03 and subsequent amendments and additions.
Furthermore, it is understood that the customer expressly consents to the transfer of “personal data” pursuant to and by effect of art. 28 paragraph 4 letter a) of Law no. 196/03 and, in any case, to their communication and dissemination pursuant to and by effect of art. 20 paragraph 1 letter a) of the aforementioned law.

15 – Disputes:

For any dispute that may arise, the Court of Verbania will be competent.

16 – Conditions:

The conditions contained in this document may be modified without notice and will be valid from the date of publication on our website, without prejudice to orders already accepted.

N.B. : Specific approval of onerous clauses pursuant to articles 1341 and 1342 of the Civil Code
Orders sent by letter or e-mail must be accompanied by (and those made via the Internet must be contextual to the sending by fax of) the written reproduction of these general conditions of contract, with specific approval and acceptance, by signing, of the clauses contained in the nos. 2, 3, 6, 7, 8, 11, 14, 15 of the same conditions, as per the following text:
explicitly and specifically I approve the onerous clauses contained in the general conditions of the contract above and, exactly, those referred to in the numbers:
2 – Responsibility
3 – Technical information
8 – Risk and Property (obligation to immediately ascertain apparent defects and discrepancies. Reporting conditions and deadline).
9 – Payments. Seller’s faculty of withdrawal
10 – Right of Withdrawal
11 – Return of goods. Term and method of return. Term for reporting hidden defects.
12 – Complaints. Terms and conditions
13 – Manufacturer’s warranty. Seller disclaimer.
14 – Treatment of personal data.
15 – Disputes. Derogation from the territorial jurisdiction of the Judicial Authority.

Consent to continue
By signing the onerous clauses mentioned above for approval on the occasion of the first order following the publication on the Internet of the general conditions of sale above, I intend to approve them – if they remain unchanged – also for subsequent orders, unless otherwise and specifically communicated by me to Divin Porcello di Sartoretti Massimo & C. S.a.s.; from 14.00 to 18.00, every day, except holidays, from Monday to Friday. Transport costs will be calculated when completing the order.