General Terms and Conditions of Sale

Pre-contractual information for consumers – art. 49 of Legislative Decree 206/2005. Before concluding the purchase contract, the Buyer views the characteristics of the goods, which are illustrated in the individual product pages when the CUSTOMER makes their choice. Before concluding the purchase contract and before confirming the order “with an obligation to pay”, the Buyer is informed of:

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

At any time, and in any case before the contract is concluded, the CUSTOMER may view the information concerning Paolo Lazzaroni & Figli S.p.a., its geographical address, telephone and fax number and email address, which is also given below: Paolo Lazzaroni & Figli S.p.a. Via Gorizia n. 41 Saronno (VA) VAT no. 01470360122 Telephone +39 0296701021 Fax +390296701022 Email info@chiostrodisaronno.it

1) DEFINITIONS

These general terms and conditions of sale (hereinafter, "General Terms") govern the distance purchase of the products and services made available via the internet by the Site www.chiostrodisaronno.it (hereinafter, the “Site”), in compliance with the Italian legislation set out in Legislative Decree 206/2005 as subsequently amended and supplemented (hereinafter, the “Consumer Code”). "Buyer" means the party making the purchase under this contract. "Supplier" means the party selling the goods covered by this contract. The goods and services covered by these general terms 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, viewed and accepted the general and payment terms set out below. The transmission of the order therefore implies full knowledge of the above Terms and their complete acceptance. After completing the online purchase procedure, the Buyer undertakes to print and keep these general terms and conditions of sale, which they have already viewed and accepted. 

2) SUBJECT 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, with the Buyer accessing the address of this site where, by following the procedures indicated, the Buyer will place the purchase order for the goods offered for sale. To purchase the products, the Buyer must fill in and send the order form, correctly completing the purchase process up to the summary page containing the electronic order number, following the instructions on the Site. The buyer must add the products to the cart and, after viewing the general terms and the Privacy policy, enter the shipping details, select the desired payment method and confirm the order.  

By sending the order from the Site, which constitutes a contractual offer, the Buyer acknowledges and declares that they have viewed all the information provided during the purchase procedure and that they fully accept these General Terms and the payment terms set out. The sales contract is deemed concluded when the Supplier receives confirmation of payment from the customer. Paolo Lazzaroni & Figli S.p.a. will send the Buyer an order confirmation email containing the order number, the shipping and billing details, the list of Products ordered with their essential characteristics and the total price, including any shipping costs. The Customer will check the confirmation email and, should they find any errors in the order, will have 12 hours from receipt of the email to contact Customer Service by email, using the address in the "Contacts" section. After this period, the order will be processed for shipping and no further changes will 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 discrepancies in the 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 card networks accepted on the Site are Visa, Mastercard and American Express. PayPal – Once the order has been confirmed, the Buyer will be redirected to the PayPal website, where payment can be made using their PayPal account, a credit card or any other method accepted by PayPal, in accordance with its terms. Credit card details are handled directly by Gruppo Banca Sella S.p.a.; PayPal details are handled directly by PayPal. The information is encrypted using encryption systems that prevent its use by third parties and is sent directly to the bank. In case of problems, the Supplier reserves the right to ask the card-issuing bank or PayPal to verify that the card genuinely belongs to its holder. Any refund due to the Buyer will be credited by reversing the credit card or PayPal payment, no later than 30 days from the date on which the Supplier became aware of the reason 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 from the day after the contract is concluded, and then hand it over to the courier. If the Supplier is unable to ship within this period, the Buyer will be promptly notified by email, stating when the order will be fulfilled. Delivery times may vary depending on the destination country and on other factors that are not directly under the Supplier's control and not attributable to it. As a guide, and subject to the exceptions above:

• in Italy, delivery takes approximately 3–5 working days.
• outside Italy, delivery takes approximately 5–10 working days.

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

5) SHIPPING AND DELIVERY COSTS

Italy:

• For orders of €49.00 or more, no shipping costs will be charged; these will be borne by the supplier;
• For orders below €49.00, only a flat-rate shipping contribution of €7.20 (VAT included) will be applied.

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

• For orders of €79.00 or more, no shipping costs will be charged; these will be borne by the supplier;
• For orders below €79.00, only a flat-rate shipping contribution of €12.00 (VAT included) will be applied.

Denmark and Lithuania:

• For orders of €79.00 or more, no shipping costs will be charged; these will be borne by the supplier;
• For orders below €79.00, only a flat-rate shipping contribution of €15.00 (VAT included) will be applied.

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

• For orders of €100.00 or more, no shipping costs will be charged; these will be borne by the supplier;
• For orders below €100.00, only a flat-rate shipping contribution of €20.00 (VAT included) will be applied.

*While placing the order, the “cart” section shows the amount reached towards free shipping. From the moment of delivery to the carrier, the Company is no longer liable for loss of or damage to the goods, except in cases of wilful misconduct or gross negligence; likewise, 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 of the site.

6) PRICES

All 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 include VAT and all other taxes. Shipping costs will be indicated and calculated during the purchase procedure before the Buyer pays for the order, and are also shown on the summary web page of the order placed. The prices indicated for each of the goods offered to the public are valid until the order is sent and are shown on the order summary web page. Prices and terms may therefore be changed by the Supplier at any time, and for the Buyer the information shown on the order summary web page shall be binding.  

7) PRODUCT AVAILABILITY

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

 

8) LIMITATION OF LIABILITY

The Supplier accepts no liability for service disruptions due to force majeure and/or for disruptions or malfunctions connected with the use of the internet that are beyond its control or that of its sub-suppliers. The Supplier cannot be held liable to the Buyer, except in cases of wilful misconduct or gross negligence. Furthermore, the Supplier will not be liable for damage, losses and costs incurred by the Buyer as a result of the failure to perform the contract for reasons not attributable to it, the Buyer being entitled only to a full refund of the price paid. The Supplier accepts no liability for any fraudulent or unlawful use of credit cards by third parties when paying for the products purchased, provided it can show that it took all the precautions applicable at the time of the transaction.

 

9) GUARANTEES AND ASSISTANCE

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

10) BUYER'S OBLIGATIONS

The Buyer undertakes to pay the price of the goods purchased within the time and in the manner set out 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 viewed and accepted by the Buyer, who acknowledges this, since the link to this section is always present at the bottom of the page when the order is finalised.

11)  PRODUCT INFORMATION

Information and characteristics of the Products are available on the Site, together with the relevant Product codes. The visual representation of the Products on the Site, where available, normally corresponds to the photograph accompanying the product description. It is understood that the image of the Products is intended solely to present them for sale and may not perfectly represent their characteristics and quality, and may differ in colour and size. In the event of differences between the image and the written product description, the product description shall always prevail.

12) COMMUNICATIONS AND COMPLAINTS

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

13) DISPUTE RESOLUTION AND APPLICABLE LAW

The sales contract between the Customer and Paolo Lazzaroni & Figli S.p.a. is deemed concluded in Italy and governed by Italian Law. For the resolution of disputes concerning the interpretation, performance or termination of these General Terms or of individual purchase orders, where the Customer is a consumer within the meaning of the Consumer Code, the court of the Customer's municipality of residence or domicile shall have exclusive jurisdiction, if located in Italy; in all other cases, the Court of Busto Arsizio shall have exclusive territorial jurisdiction, to the exclusion of any other competent court.  

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

14) DURATION AND VALIDITY OF THE CONTRACTUAL TERMS

Confirmation of the order implies the Buyer's acceptance of these general terms, 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 art. 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 giving reasons and without any penalty, in the manner specified below. The Withdrawal may concern all (Total Withdrawal) or only some (Partial Withdrawal) of the Products purchased by the Consumer. The Withdrawal period expires 14 (fourteen) days after the day on which the Consumer, or a third party other than the Carrier 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 filled in and sent to the seller at assistenza@chiostrodisaronno.it, or draw up and send the Seller another explicit statement of their decision to withdraw from the contract.  After exercising the right of withdrawal, the buyer must return the products to the seller within 14 days from the date on which they informed the seller of their decision to withdraw from the contract. The return of the goods will be arranged by and at the expense of the customer, who will be liable in the event of loss of or damage to the products during transport. In addition to compliance with the time limits and procedures described above, the right of withdrawal is deemed to have been correctly exercised if the following conditions are also met:

• Transmission of the return form or of another explicit statement of the intention to withdraw from the contract within the time limits set out in 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, the Supplier will carry out the necessary checks on the conformity of the returned products and will refund the sums due within 14 days of the date on which the Supplier received the goods back. The Supplier will make the refund using the same means of payment used by the Buyer to purchase the returned products, unless otherwise agreed between the parties.  If the procedures and time limits for exercising the right of withdrawal are not complied with, the Buyer will not be entitled to a refund of the sums already paid to the Supplier. The right applies to the Product purchased in its entirety; therefore, if the Product consists of several components or parts, it is not possible to withdraw from only part of the Product purchased.  In addition to the cases above, the right of withdrawal is excluded in the following cases, pursuant to art. 59 of Legislative Decree 21/2014:

• orders of Products made to measure or clearly personalised;
• orders of Products that are liable to deteriorate or expire rapidly;
• orders of sealed Products that are not suitable for return for reasons of hygiene or health protection, or that have been unsealed after delivery.

With reference to the cases of exclusion listed above, the Customer is in particular informed 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 such Products are subject to alteration, also 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 put back on the market without risk to consumers' health. In cases where the right of withdrawal is excluded, Paolo Lazzaroni & Figli S.p.a. will return the Products purchased to the Customer, charging the Customer the shipping costs.

16) CONTRACT STORAGE

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