Terms and conditions of sale

Pre-contractual information for the consumer - art. 49 of Legislative Decree 206/2005. Before the conclusion of the purchase contract, the Buyer reviews the characteristics of the goods, which are illustrated in the individual product sheets at the time of the CUSTOMER's choice. Before the conclusion of the purchase contract and before validating the order with an “obligation to pay”, the Buyer is informed about:

  • the total price of the goods including taxes, with a breakdown of shipping costs;
  • payment methods;
  • the term within which Paolo Lazzaroni & Figli S.p.a. undertakes to deliver the goods;
  • the conditions, terms and procedures for exercising the right of withdrawal (art. 15 of these conditions) as well as the model withdrawal form set out in the annex;
  • information that the buyer will have to bear the cost of returning the goods in the event of withdrawal;
  • the existence of the legal guarantee of conformity for the goods purchased

The CUSTOMER may at any time, and in any case before the conclusion of the contract, obtain the information relating to Paolo Lazzaroni & Figli S.p.a., the geographical address, telephone and fax number and e-mail address, information which is also set out below: Paolo Lazzaroni & Figli S.p.a. Via Gorizia n. 41 Saronno (VA) VAT no. 01470360122 Telephone +39 0296701021 Fax +390296701022 E-mail info@chiostrodisaronno.it

1) DEFINITIONS

These general terms and conditions of sale (hereinafter, “General Conditions”) govern the purchase of products and services, carried out at a distance and made available, via the internet, by the website www.chiostrodisaronno.it (hereinafter, the “Site”) in compliance with Italian law under Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, the “Consumer Code”). The term “Buyer” means the party who makes the purchase covered by this contract. The term “Supplier” means the party who carries out the sale of the goods covered by this contract. The goods and services covered by these general conditions are offered for sale by Paolo Lazzaroni & Figli S.p.a., with registered office in Saronno, Via Gorizia n. 41, VAT number and registration with the Varese Companies Register no. 184588. By sending their purchase order electronically, the Buyer declares that they have read and accepted the general and payment conditions set out below, and that they have reviewed them. Therefore, transmission of the order implies full knowledge of the aforementioned Conditions and their full acceptance. The Buyer undertakes and is obliged, after completing the online purchase procedure, to print and keep these general terms and conditions of sale, already reviewed and accepted.

2) SUBJECT MATTER AND CONCLUSION OF THE CONTRACT

Under this contract, the Supplier sells and the Buyer purchases at a distance, by electronic means, only the tangible movable goods and services indicated and offered for sale on this site. The contract between the Supplier and the Buyer is concluded exclusively via the internet, through the Buyer's access to the address of this site where, by following the procedures indicated, the Buyer formalises the order to purchase the goods offered for sale. To purchase the products, the Buyer must complete and send the order form and correctly complete the purchase process through to the summary page containing the order number in electronic format, following the instructions given on the Site. The buyer must add the products to the cart and, after having reviewed the general conditions and the Privacy policy, must enter the shipping details, select the desired payment method and confirm the order.

By sending the order from the Site, which constitutes a contractual proposal, the Buyer acknowledges and declares that they have reviewed all the information provided during the purchase procedure and that they fully accept these General and payment Conditions as set out. The sales contract is deemed concluded at the moment the Supplier receives confirmation that payment has been made by the customer. Paolo Lazzaroni & Figli S.p.a. will send the Buyer an order confirmation e-mail containing the order number, the shipping and billing details, the list of the Products ordered with their essential characteristics and the total price, including any shipping costs. The Customer must check the confirmation e-mail and, should they identify errors in the order, will have 12 hours from receipt of that e-mail to contact Customer Service by e-mail at the address given in the “Contacts” section. After that term the order will be processed for shipping and changes will no longer be accepted, without prejudice to the Customer's rights under article 15 below (right of withdrawal). The sales contract and the order summary are drawn up in two versions: Italian and English. In the event of any discrepancy in translation, the Italian version shall prevail.

3) PAYMENT AND REFUND METHODS

The Buyer may pay for the products ordered and the related shipping costs by Credit Card and PayPal. Credit Card - The circuits accepted for purchases on the Site are Visa, Mastercard and American Express. PayPal - Once the order has been confirmed, the Buyer will be redirected to the PayPal site, where payment can be made with their PayPal account or using a credit card, or in any case according to the methods accepted by PayPal and in compliance with its conditions. Credit card data is handled directly by Gruppo Banca Sella S.p.a.; PayPal data is handled directly by PayPal. The information is encrypted through encryption systems that prevent its use by third parties and is sent directly to the bank. The Supplier reserves the right to ask the issuing bank to verify the genuineness of the cardholder's title to the card, or to ask PayPal in the event of problems. Any refund due to the Buyer, where entitled, will be credited by reversing the credit card or PayPal payment, within 30 days at the latest from the date on which the Supplier became aware of the cause giving rise to the right to a refund.

4) DELIVERY TIMES AND METHODS

The Supplier will deliver the products ordered using specialised Couriers. The Supplier will process the order received within 10 days starting from the day after the one on which the contract was concluded, and will then hand it over to the courier. Should the Supplier be unable to ship within that term, the Buyer will be promptly notified by e-mail, indicating the term within which the order will be fulfilled. Delivery times may vary depending on the country of destination and on other factors that are not directly controllable by the Supplier and not attributable to it. As a guideline, and subject to the exceptions above:

  • in Italy delivery is expected within approximately 3-5 working days.
  • in countries outside Italy delivery is expected within approximately 5-10 working days.

For further information on Delivery times and Shipping, please see the “Shipping” section at the foot of the site.

5) SHIPPING AND DELIVERY COSTS

Italy:

  • For orders equal to or above 49.00 euro no shipping costs will be charged; they remain payable by the supplier;
  • For orders below 49.00 euro only a flat contribution of 7.20 euro will be applied (VAT included).

Austria, Belgium, France, Germany, Ireland, Malta, the Netherlands, Portugal, Spain:

  • For orders equal to or above 79.00 euro no shipping costs will be charged; they remain payable by the supplier;
  • For orders below 79.00 euro only a flat contribution of 12.00 euro will be applied (VAT included).

Denmark and Lithuania:

  • For orders equal to or above 79.00 euro no shipping costs will be charged; they remain payable by the supplier;
  • For orders below 79.00 euro only a flat contribution of 15.00 euro will be applied (VAT included).

Finland, Greece, Latvia, Poland, the United Kingdom, Sweden:

  • For orders equal to or above 100.00 euro no shipping costs will be charged; they remain payable by the supplier;
  • For orders below 100.00 euro only a flat contribution of 20.00 euro will be applied (VAT included).

*During the ordering process, in the “cart” section, it will be possible to see the order amount reached in order to have shipping costs waived. From the moment of delivery to the carrier, the Company no longer assumes liability for the loss of or damage to the goods, except in cases of wilful misconduct or gross negligence, just as the Company will not be liable for any loss or damage occurring after delivery to the customer, except in cases of wilful misconduct or gross negligence. For further information please see the “Shipping” section within the site.

6) PRICES

All the sale prices of the products displayed and indicated on this website constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code, and are inclusive of VAT and of every other tax. Shipping costs will be indicated and calculated during the purchase procedure before payment of the order by the Buyer, and are also set out in the web page summarising the order placed. The prices indicated next to each of the goods offered to the public are valid until the moment the order is submitted and are indicated in the order summary web page. Therefore, prices and conditions may be changed by the Supplier at any time, and what appears in the order summary web page is authoritative for the Buyer.

7) PRODUCT AVAILABILITY

Through the electronic system used, the Supplier ensures the processing and fulfilment of orders within the terms set out in the contract, except in cases of force majeure or unforeseeable circumstances. Should the product not be available in stock, Customer Service will promptly notify the Buyer, who will be entitled to confirm the order (possibly with other available products) or request its cancellation.

8) LIMITATIONS OF LIABILITY

The Supplier assumes no liability for disruptions attributable to force majeure, or for disruptions or malfunctions connected with the use of the internet outside its own control or that of its sub-suppliers. The Supplier may not be held liable towards the Buyer, except in cases of wilful misconduct or gross negligence. Nor will the Supplier be liable for damages, losses and costs suffered by the Buyer as a result of non-performance of the contract for reasons not attributable to it, the Buyer being entitled only to full restitution of the price paid. The Supplier assumes no liability for any fraudulent or unlawful use that may be made by third parties of credit cards when paying for the products purchased, where it can demonstrate that it adopted all applicable precautions at the time of the transaction.

9) GUARANTEES AND SUPPORT PROCEDURES

The Supplier is liable for any established fault or defect of the product attributable to it, provided that such fault or defect has been reported by registered letter with return receipt to the address Paolo Lazzaroni & Figli – Via Gorizia 41 - 21047 Saronno - Italy within eight days of delivery, indicating the product batch and the defect found.

10) OBLIGATIONS OF THE BUYER

The Buyer undertakes to pay the price of the goods purchased in the times and ways indicated in the Contract. After completing the online purchase procedure, the Buyer undertakes to print and keep the web page showing the order details. The information contained in this contract has, moreover, already been reviewed and accepted by the Buyer, who acknowledges this, since at the moment the order is finalised the link to this section is always present at the foot of the page.

11) PRODUCT INFORMATION

Information and characteristics relating to the Products are available, together with their Product codes, on the Site. The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the descriptive sheet. It is understood that the image of the Products is intended solely to present them for sale and may not be perfectly representative of their characteristics and qualities, and may differ in colour and size. In the event of a difference between the image and the written product sheet, the description in the product sheet always prevails.

12) COMMUNICATIONS AND COMPLAINTS

Written communications addressed to the Supplier and any complaints will be considered valid only where sent to the address Paolo Lazzaroni & Figli S.p.a., Via Gorizia n. 41, 21047 SARONNO (VA) or sent by e-mail to the address assistenza@chiostrodisaronno.it In the registration form the Buyer indicates their residence and domicile, telephone number and the e-mail address to which they wish the Supplier's communications to be sent.

13) SETTLEMENT OF DISPUTES AND APPLICABLE LAW

The sales contract between the Customer and Paolo Lazzaroni & Figli S.p.a. is deemed to be concluded in Italy and governed by Italian Law. For the settlement of disputes relating to the interpretation, performance or termination of these General Conditions or of individual purchase orders, if the Customer is a consumer within the meaning of the Consumer Code, the court of their municipality of residence or domicile, if located in Italian territory, shall have exclusive jurisdiction; in all other cases, territorial jurisdiction lies exclusively with the Court of Busto Arsizio, any other competent court being excluded.

In addition, since 16 February 2016 the European platform for the online alternative dispute resolution promoted and implemented by the European Commission has been operational. Consumers and traders can access the platform at the address ec.europa.eu/consumers/odr, and can submit a complaint online by following the instructions given on the portal. For each Member State of the Union, ADR bodies have been identified which act as arbitrators between the parties to resolve the problem.

14) DURATION AND EFFECTIVENESS OF THE CONTRACTUAL CONDITIONS

Confirmation of the order implies the Buyer's acceptance of these general conditions, which may be updated or amended directly by publishing the new provision on this site. The amendment or update will be valid and effective for orders that have not yet been processed and for which the web page summarising the order details has not yet been displayed.

15) RIGHT OF WITHDRAWAL

If the Buyer is a “Consumer”, as defined in article 3 of the Consumer Code, they are entitled to the rights set out in articles 52 et seq. of the Consumer Code, as amended by Legislative Decree no. 21 of 21/02/2014, and therefore to the right to withdraw from the Purchase Contract (hereinafter the “Right of Withdrawal”) for any reason, without explanation and without any penalty, in the manner specified below. Withdrawal may cover all (Total Withdrawal) or only part (Partial Withdrawal) of the Products purchased by the Consumer. The Withdrawal period expires after 14 (fourteen) days from the day on which the Consumer, or a third party other than the Carrier and designated by the Consumer, acquires physical possession of the Product(s) (hereinafter the “Withdrawal Period”). To withdraw from the contract the buyer may use the return form (compliant with the model form pursuant to art. 49, paragraph 4 of the Consumer Code), to be completed and sent to the seller at the e-mail address assistenza@chiostrodisaronno.it, or may draft and send the Seller any other explicit statement of their decision to withdraw from the contract. Having exercised the right of withdrawal, the buyer must return the products to the seller within 14 days from the date on which the seller was informed of their decision to withdraw from the contract. The goods are returned at the customer's own care and expense, and the customer is liable in the event of loss of or damage to the products during transport. In addition to compliance with the terms and procedures described above, the right of withdrawal is deemed to have been correctly exercised only if the following conditions are also met:

  • Submission of the return form, or of another explicit statement of the intention to withdraw from the contract, within the terms provided for by these general terms and conditions of sale;
  • The products must be returned in their original packaging, intact and sealed, and must not be damaged;

If the right of withdrawal is exercised in the manner provided for, the Supplier carries out the necessary checks on the conformity of the returned products and refunds the amounts due within 14 days from the date on which the Supplier regained possession of the goods; the Supplier makes the refund using the same means of payment used by the Buyer to purchase the returned products, unless otherwise agreed between the parties. Should the procedures and terms for exercising the right of withdrawal not be complied with, the Buyer will not be entitled to a refund of the amounts already paid to the Supplier. The right applies to the purchased Product in its entirety; therefore, where the Product is made up of several components or parts, it is not possible to exercise withdrawal on only part of the purchased Product. In addition to the cases indicated above, the right of withdrawal is excluded in the following cases, pursuant to art. 59 of Legislative Decree 21/2014:

  • orders for Products made to measure or clearly personalised;
  • orders for Products liable to deteriorate or expire rapidly;
  • orders for sealed Products which are not suitable for return for hygiene reasons or reasons connected with health protection, or which were opened after delivery.

With reference to the cases of exclusion of withdrawal listed above, the Customer is in particular informed of and accepts that the Products “liable to deteriorate or expire rapidly” include all food Products (including wines, spirits and beverages), since the characteristics and qualities of these types of Product are subject to alteration, including as a result of improper storage. Therefore, for reasons of hygiene and customer protection, the right of withdrawal applies only to Products purchased on the Site that can be returned to Paolo Lazzaroni & Figli S.p.a. and placed back on the market without danger to consumers' health. In cases where the right of withdrawal is excluded, Paolo Lazzaroni & Figli S.p.a. will return the purchased Products to the Customer, charging the Customer for the shipping costs.

16) METHOD OF STORING THE CONTRACT

Pursuant to art. 12 of Legislative Decree 70/03, the Supplier informs the Buyer that every order transmitted to Paolo Lazzaroni & Figli S.p.a. is stored in digital form on the server hosting the site, according to criteria of confidentiality and security.