TERMS AND CONDITIONS OF SALE

1. Item

1.1. These general terms and conditions of sale apply to the contract of sale relating to any purchase of products (hereinafter “Products“) made through the e-commerce website www.isaporidiparma.com (hereinafter the “Site“) by users who qualify as “Consumers” under Article 1.2 below. The Site is owned and operated by Capelli Luca Srl, with registered office in Traversetolo (PR), Via Cesare Sarti, 17, tax code, VAT number and registration number with the Register of Companies of Parma (PR) 02981660349 (hereinafter the “Vendor” or “Capelli Luca Srl“).

1.2. Purchases of Products made through the Site will see as parties the Seller and the person who proceeds to purchase one or more Products for purposes not related to his or her own entrepreneurial, commercial, handicraft or professional activity, as the buyer (hereinafter the “Consumer” and, together with the Seller, hereinafter also collectively referred to as the “Parts“).

1.3. All content on the Site is copyrighted and related copyrights are owned by Capelli Luca Srl. The Site may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, linked and used, particularly for commercial purposes, without the prior written consent of Capelli Luca Srl.

1.4. Any communication from the Consumer connected and/or related to the purchase of the Products – including any reports, complaints, requests concerning the purchase and/or delivery of the Products, the exercise of the right of withdrawal, etc. – must be sent to the Seller at the contact details and in the manner indicated on the Site and at the e-mail address info@isaporidiparma.com.

1.5. Each purchase is governed by the general conditions of sale in the version that will be published on the Site at the time of transmission of the order by the Consumer. The Consumer who accesses the Site to make purchases is required, prior to placing an order, to read carefully these Terms and Conditions which have been made available to him/her on the Site and which will be available for inspection by the Consumer at any time.

If you need anything, you can contact our customer service at 3392411502 or 339 2112786 which is always active.

1.6. The Site is dedicated to retail sales and as such is intended for the exclusive use of Consumers. Persons who are not Consumers are asked not to execute purchase orders. If one or more sales are made to a person who does not qualify as a Consumer, these general terms and conditions of sale shall apply but, notwithstanding the provisions thereof:

1. (a) the purchaser will not be granted the right of withdrawal under Article 8;
2. (b) the purchaser will not be eligible for the warranty on the Products set forth in Article 9;
3. (c) Buyer shall not be accorded any other protections, if any, provided herein in favor of the Consumer that reflect or conform to mandatory statutory provisions;
4. d) the contract of sale concluded between Seller and Buyer shall be governed by Italian law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods – 1980 Vienna Convention.

 

1.7. Concurrently with the transmission of the purchase order, the Consumer agrees that confirmation of the information relating to the order placed and these general conditions of sale will be sent to him by e-mail to the address declared by him during registration on the Site or during the purchase process.

1.8. In order to make purchases through the Site, the Consumer must be of legal age (18 years of age) and have the legal capacity to act, which the Consumer claims to possess.

1.9. Any charges for Internet connection to the Site, including telephone charges, are the sole responsibility of the Consumer, according to the rates charged by the operator selected by the Consumer.

2. Characteristics of Products and their availability in different geographical areas

2.1. The Products are sold with the characteristics described on the Site, in particular in the relevant description sheet, and according to the general conditions of sale published on the Site at the time the order is placed by the Consumer, to the exclusion of any other condition or term.

2.2. The Seller reserves the right to change these terms and conditions at any time, at its own discretion, without the need to provide any notice to users of the Site. Any changes made will be effective as of the date they are posted on the Site and will apply only to sales completed on or after that date.

2.3. Prices, Products for sale on the Site, and/or features of the same, are subject to change without notice. Therefore, before sending the purchase order under Article 4 below, the Consumer is encouraged to check the final sale price.

2.4. The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description sheet. It is understood that the image of the Products themselves is for the sole purpose of presenting them for sale and may not be perfectly representative of its characteristics and quality but may differ in color and size. In case of any difference between the picture and the written product sheet, the product sheet description always prevails.

2.5. The Site can be accessed from all over the world. However, the Products available on the Site can only be purchased by users requesting delivery within the territory of the Republic of Italy, with the inclusion of Sardinia, Sicily and all additional Minor Islands.

 

3. Product Pricing and Shipping

3.1. The minimum order that can be placed on the Site is 1.00 (one/00) euros. Prices for Products on the Site are inclusive of all taxes and fees. All prices are in euros. The price of the Products is as stated on the Site at the same time as the order is placed by the Consumer. Prices include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), while they do not include (i) shipping costs that are calculated prior to the order confirmation transmitted by the Seller to the Consumer and that the Consumer agrees to pay to the Seller in addition to the price indicated on the Site.

3.2. The Consumer shall pay to the Seller the total price as stated on the purchase confirmation page and in the order confirmation emailed by the Seller to the Consumer.

3.3. For orders of Products with a total amount of 125.00 (one hundred and twenty-five/00) euros or more, Seller may perform free standard shipping for Italy , with a total amount of 150.00 (one hundred and fifty/00) euros or more, standard shipping will be free for the islands. Standard shipping charges, amounting to Euro 9.50 (nine/50) for Italy and amounting to Euro 13.00 (twelve/00) for the Islands, are applied only to orders of an amount less than Euro 125.00 (one hundred and twenty-five/00) for Italy and less than Euro 150.00 (one hundred and fifty/00) for the Islands. It is possible to request refrigerated shipping, in the amount of Euro 19.50 (nineteen/50) for Italy and in the amount of Euro 23.00 (twenty-three/00) for the Islands,exceeded the figure for free standard shipping, if you want refrigerated shipping this will cost 10.00 (ten/00) as an additional service. For the shipment of products in the categories Gift Baskets and Gift Wrappings the standard shipping rate is Euro 13.50 (thirteen/50).

3.4. The delivery of the Products purchased on the Site is made to the shipping address indicated by the Consumer in the order form, on days between Tuesday and Wednesday ,Thursday and Friday only at the request of the customer for urgent needs, excluding national holidays (such as, but not limited to, December 25 and 26, January 1 and 2, Easter, Monday in Albis) and the day immediately following the latter. Capelli Luca Srl will not be liablefor any delays in the delivery of the Products that are unforeseeable or not attributable to Capelli Luca Srl itself. Delivery of Products purchased on the Site will take place beginning on the 2nd (second) day following the relevant purchase exclusively for orders completed by midnight of each day. It is expressly understood that if the Consumer has selected Wire Transfer as the method of payment for his order, the delivery period specified above shall run exclusively from the actual collection by the Seller of the amount relating to said purchase order.

4. Method of purchasing the Products – Perfection of each individual purchase contract

4.1. The purchase order transmitted by the Consumer to the Seller through the Site has the value of a contractual proposal and is governed by these general conditions of sale, which form an integral part of the order itself and which the Consumer, by transmitting the purchase order to the Seller, is required to accept in full and without reservation. Before proceeding to the purchase of the Products, by sending the purchase order, the Consumer will be asked to carefully read these general terms and conditions of sale, including the notice on the right of withdrawal referred to in Article 8 below, to print a copy through the print command and to store or reproduce a copy for their own personal use. In addition, the Consumer will be asked to identify and correct any errors in their data entry.

4.2. Orders are subject to the availability of the Products and acceptance by the Seller. The Seller reserves the right, at any time and at its sole discretion, to refuse an order, including, for example:

(i) the Products ordered are no longer available on the Site;

(ii) Seller notices an error on the Site regarding the price and/or description of the Products;

(iii) the order cannot be fulfilled due to an error in the information provided by the Consumer (including, but not limited to, payment, billing or delivery address information);

(iv) Seller has reason to believe that the order was placed by a minor.

The Seller also reserves the right to make partial deliveries and/or to limit the quantity of Products subject to the Consumer’s order to a number of Products reasonably believed to be for household use. In this case, the Consumer will be charged only the price of the delivered Products.

In all cases in which the Seller is not able to fulfill an order, is only partially able to fulfill an order, or intends to limit the quantity of Products ordered, the Seller will contact the Consumer by e-mail or telephone, at the contact details provided at the time of registration on the Site, as soon as possible and in any event within 30 (thirty) days of placing the order on the Site. Any payments already made by the Consumer will be promptly refunded by the Seller, in the same manner used by the Consumer to pay for the Products.

4.3 The Consumer’s purchase order shall be accepted by the Seller with the sending to the Consumer, to the e-mail address declared by the latter to the Seller when registering with the Site or when transmitting the order if the Consumer is not registered with the Site, of an e-mail confirming the order, which shall contain the link to the text of these general conditions of sale, the summary of the order placed, the description of the characteristics of the Product ordered and the expected date of delivery of the Products. The Consumer’s order, the Seller’s order confirmation and the general terms and conditions applicable to the relationship between the Parties will be electronically stored by the Seller in its computer systems and the Consumer may request a copy by sending an e-mail communication to the Seller at info@isaporidiparma.com.

4.4. Each contract for the purchase of the Products shall be deemed concluded when the Consumer receives the order confirmation from the Seller by e-mail.

5. Procedure for selection and purchase of Products

5.1. Products presented on the Site may be purchased by selecting the Products of interest to the Consumer and placing them in the appropriate virtual shopping cart. Once the selection of Products is finished, within the Shopping Cart page, the Consumer will be able to calculate the shipping costs by entering the Province of shipping or his or her own Postal Zip Code. To execute the purchase of the Products placed in the shopping cart, the Consumer will be invited to the Checkout page (i) To register with the Site, providing the requested data, i.e. (ii) To log in, if the Consumer is already registered or (iii) if it is not the Consumer’s intention to register with the Site, to provide their information in order to complete the order and allow the contract to be finalized. The Consumer already registered with the Site, may verify or change their personal information by accessing, after logging in, the “My Account” section, following the instructions therein, or directly to the “Edit Account Information” section.

5.2. The Consumer who has already registered with the Site will, in addition, have the option to place one or more of the Products on the Site on their personal Wish List. The Wish List allows you to save details of the Products you intend to purchase. This feature saves selected Products even if you decide to leave the Site, allowing you to easily move and purchase your favorite Products in the future. The Products will remain on the Wish List – which the Consumer can check at any time by accessing, after login to the Site, to the appropriate “My Wishlist” section – until they are moved to the shopping cart – by clicking on the “Buy” button at each Product or on the “Add All to Cart” button if it is the Consumer’s intention to move all the Products on the Wish List to the shopping cart – or permanently removed by the Consumer. Please note that Products placed on your Wish List are not reserved, and will be available for purchase by other customers until your order for such Products, upon placing them in your shopping cart, has been submitted and confirmed in accordance with these terms of sale.

5.3. For the Consumer already registered to the Site, if the data indicated in the order are different from those provided when registering to the Site, the same Consumer will be asked to confirm their data (by way of example but not limited to: first name, last name, etc.), as well as the address where to deliver the selected Products, the billing address and, optionally, a valid e-mail address and/or a telephone number where they can be contacted for any communications relating to the purchase made.

5.4. If the Consumer decides for the immediate payment mode (simultaneous with the purchase) by PayPal (credit card or Paypal payment), he/she will be required to communicate the relevant data via secure connection. For accounting and administrative needs, the Seller reserves the right to verify the general information given by the Consumer.

5.5. The Consumer will display a summary of the order to be executed, the contents of which he/she may modify: then, the Consumer, after careful reading, must expressly approve these general conditions of sale, through the appropriate check-box on the Site and finally, through the “Proceed to Payment” button, the Consumer will be asked to confirm his/her order, which will thus be definitively sent to the Seller and will produce the effects described in paragraph 4.1 above. Of this contract.

5.6. Seller reserves the right to limit or exclude the use of any coupons and/or vouchers for the purchase of promoted or discounted Products.

6. Delivery of goods and acceptance

6.1. The Site indicates the availability of Products and delivery times of the same on the Shipping page; however, such information is to be considered indicative only and not binding on the Seller. Some Products may not be available for delivery on certain days of the week; therefore, the Consumer is encouraged to check any restrictions on delivery of such Products in the relevant description sheet before proceeding to purchase.

6.2. The Seller agrees to do everything within its power in order to meet the delivery times indicated on the Site and chosen by the Consumer. Therefore, the Seller shall not be liable for any loss or damage suffered by the Consumer due to delays in the delivery of the Products, unless such delay is attributable to the Seller’s willful misconduct or fault. In the event of non-execution of the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller will provide written notice to the Consumer and will refund any sums already paid by the Consumer for the payment of the Product pursuant to Section 6.3 below.

6.3. Shipment of the Products ordered by the Consumer will take place in the manner selected by the Consumer from those available and indicated on the Site at the time the order is placed. The Consumer undertakes to promptly check, and in any case as soon as possible, that the delivery includes all and only the Products purchased and to promptly inform the Seller of any possible defect in the Products received or their discrepancy from the order placed, in accordance with the procedure set forth in Article 9 below of these general conditions of sale; failing which the Products shall be deemed accepted. Should the packaging or wrapping of the Products ordered by the Consumer arrive at the destination obviously damaged, the Consumer shall (i) accept delivery “with reservation” by noting “reservation” on the delivery note or, alternatively, (ii) refuse delivery by the carrier/shipper.

7. Payments

7.1. Payment may be made by credit card via PayPal or wire transfer, subject to the conditions described below, as also specified in the appropriate “Methods of Payment” section on the Site. The Seller may allow additional methods of payment, indicating them in the “Methods of Payment“ section.

7.2 In case of payment through Paypal, the Consumer will be redirected to the appropriate page, where he/she can enter his/her registration data and make the payment. The order placed by the Consumer shall not be processed by the Seller before the Seller has collected the relevant amount.

7.3 In the case of payment by bank transfer, the order placed by the Consumer shall not be processed by the Seller until the Seller has collected the relevant amount.

The Seller will promptly transmit to the Consumer, if required by applicable law, in electronic format via e-mail to the address declared by the same, the tax receipt relating to the purchase made, if the Products purchased are intended to be delivered in the Italian territory, or attached in paper format to the Products purchased, in all other cases.

8. Right of withdrawal and exclusions – Disclosure

8.1. Pursuant to Art. 59 Legislative Decree. n. 206/2005, as amended by Leg. n. 21/2014, the right of withdrawal is excluded in the following cases:

– Ordering custom-made or clearly customized Products;

– order of Products that are likely to deteriorate or expire quickly;

– order of sealed Products that are not suitable for return for hygienic or health protection-related reasons or that have been opened after delivery.

8.2 With reference to the cases of exclusion of withdrawal listed above, the Consumer, in particular, is informed and accepts that among the Products that “are likely to deteriorate or expire rapidly.” include those Products of a food nature whose characteristics and quality are subject to alteration, including as a result of inappropriate storage by the Consumer.

8.3 Without prejudice to the cases set forth in Articles 8.1 and 8.2. above, the Consumer shall have a period of fourteen days to withdraw from the Product purchase agreement without having to provide any reasons and without incurring any costs other than those set forth in paragraphs 8.6, 8.7 and 8.8. below.

8.4. The above withdrawal period of fourteen days runs:

1. (a) in the case of an order for a single Product, 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; or
2. (b) in the case of the purchase of multiple Products ordered by the Consumer through a single order and delivered separately, 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 last Product; or
3. (c) in the case of an order for the delivery of a Product consisting of multiple lots or pieces, 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 last lot or piece.

8.5. In order to exercise the right of withdrawal, the Consumer must inform the Seller, prior to the expiration of the period referred to in Section 8.1. above, of its decision by any express statement. In order to facilitate the timely handling of the Consumer’s request, the Consumer is requested to notify the Seller of his or her decision by (a) filling out the appropriate right of withdrawal form found at this link as well as attached to the terms and conditions of sale that will be made available to the Consumer at the same time as the order confirmation, or (b) by sending to the Seller any other express statement of withdrawal from the contract of sale to the e-mail address info@isaporidiparma.com, stating in each case the order number, the Product(s) for which it intends to exercise the right of withdrawal and its address.

8.6. A Consumer who has exercised his or her right of withdrawal under this Article 8 must arrange to return the purchased Product(s) to Seller, using a carrier of his or her choice and at his or her sole expense, without undue delay and in any event within the period of 14 calendar days from the date on which he or she informed Seller of his or her decision to withdraw. The Product subject to withdrawal, properly protected and packaged, must be sent to the following address: Capelli Luca Srl, Via Cesare Sarti, 17, 43029 Traversetolo (PR). The direct costs of returning the Products subject to withdrawal to the Seller are the sole responsibility of the Consumer.

8.7. If the right of withdrawal is exercised, the Seller shall refund all payments received from the Consumer, including the costs of delivery of the Products, without undue delay and, in any case, no later than 14 days after the exercise of the right of withdrawal. Said refunds will be made using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests a refund on a different means of payment, in which case any additional costs arising from the different means of payment will be borne by the Consumer. The Seller shall be entitled to suspend the refund of the aforementioned amounts until receipt of the Products subject to withdrawal or until the Consumer demonstrates that it has returned the Products, whichever is earlier.

8.8. The Consumer is responsible for the decrease in the value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are damaged (e.g. with signs of wear and tear, abrasion, scratches, deformations, etc.), not complete with all their elements and accessories (including labels and tags unaltered and attached to the product), not accompanied by the attached instructions/notes/manuals, original packaging and packing and the warranty certificate, if any, the Consumer will be liable for the patrimonial decrease in the value of the good, and will be entitled to a refund of the amount equal to the residual value of the Product. To this end, therefore, the Consumer is requested not to handle the goods beyond what is strictly necessary to establish the nature, characteristics and operation of the same and to cover the original wrapping of the Products with other protective packaging that preserves their integrity and protects them during transport also from writing or labels.

9. Seller’s legal warranty of conformity, reporting of conformity defects and warranty work

9.1. The legal guarantees of conformity provided for in Articles 128, 129 and 130 of the Consumer Code apply to the sale of the Products. The Consumer shall have the right, at his or her option and provided that the type of Product permits, to the restoration, without charge, of the conformity of the Product by repair or replacement, or to an appropriate reduction in price or termination of the contract.

9.2 In the event of conformity defects in the Products sold, under penalty of forfeiture of this warranty, the Consumer has the burden of reporting any defects and non-conformities within and no later than 2 (two) months from their discovery – unless the Products are by their nature perishable or subject to expiration in a shorter term, in which case the defect must be reported within such reduced term – by transmitting by e-mail to the address info@isaporidiparma.com, the appropriate form correctly filled out


link


, indicating the defect and/or non-conformity found, as well as the relevant documentation indicated in the return form itself (at least no. 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or the tax receipt).

9.3. Following receipt of the form and related documentation, the Seller will assess the defects and non-conformities reported by the Consumer and decide whether to authorize the return of the Products by providing the Consumer with feedback, containing the “Return Code,” via e-mail to the address provided by the Consumer during the registration process on the Site or when placing the order. Authorization to return Products shall in no way constitute recognition of defects or non-conformities, the existence of which must be ascertained subsequent to return. The Products for which the Seller has authorized the return must be returned by the Consumer, together with a copy of the return authorization notice bearing the “Return Code”, within 14 (fourteen) days from the reporting of the defect or non-conformity, to the following address: Capelli Luca Srl, Via Cesare Sarti, 17, 43029 Traversetolo (PR).

9.4. If the Seller is required to reimburse the Consumer for the price paid and related shipping costs, the reimbursement will be made, where possible, through the same means of payment used by the Consumer when purchasing the Product.

10. Product liability for defective products

10.1. With regard to any damage caused by defects in the Products, the provisions of European Directive 85/374/EEC and Italian Legislative Decree no. 206/2005 (Consumer Code). The Seller, as the distributor of the products through the Site, releases itself from any liability, none excluded and/or excepted, by indicating the name of the relevant manufacturer of the Product.

12. Intellectual Property Rights

12.1. The Consumer declares that he/she is informed that all trademarks, names, as well as any distinctive sign, name, image, photograph, written or graphic text used on the Site or relating to the Products are and remain the exclusive property of Capelli Luca Srl and/or its assignees, without any right deriving to the Consumer from the access to the Site and/or the purchase of the Products.

12.2. The contents of the Site may not be reproduced in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of Capelli Luca Srl.

13. Consumer data and privacy protection

13.1. In order to proceed with the registration, placing of the order and thus the conclusion of the contract of sale of the Products, some personal data are required through the Site from the Consumer. The Consumer acknowledges that the personal data provided will be recorded and used by the Seller, in accordance with and in compliance with the regulations set forth in Italian law D.Lgs. n. 196/2003 as amended and supplemented – Privacy Code, to execute each purchase made through the Site and, subject to its consent, for any further activities as indicated in the appropriate privacy policy provided to the Consumer through the Site at the time of registration.

13.2. The Consumer represents and warrants that the information provided to the Seller during the registration and purchase process is correct and true.

13.3. The Consumer may at any time verify, update, modify, delete his/her personal data provided to the Seller through the appropriate section of the Site “My Account” accessible after authentication and may at any time exercise his/her rights under the Privacy Code by following the directions provided in the privacy documentation on the Site.

13.4. For any further information on how we process the Consumer’s personal data, please access the Privacy Policy section as well as carefully read the General Terms of Use.

 

14. Security

14.1. Although the Seller takes measures to protect personal data against their possible loss, falsification, manipulation and misuse by third parties, due to the characteristics and technical limitations related to the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data displayed by the Consumer on the Site, even after the Consumer has authenticated (logged in), cannot be accessed or viewed by unauthorized third parties.

14.2. The Seller, with regard to data related to credit card payments uses the services of the company Paypal, which adopts technological systems to ensure the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.

15. Force majeure

15.1. The Seller shall not be liable in the event of total or partial non-performance of its obligations under this contract if such non-performance is caused by unforeseeable events and/or natural events beyond its reasonable control, including but not limited to, catastrophic natural events, acts of terrorism, wars, popular uprisings, power failure, general strike of public and/or private workers, strike and/or restrictions on courier and airline routes.

16. Applicable law, conciliation attempt and jurisdiction

16.1. The contract for the purchase and sale of Products through the Site shall be governed by and construed in accordance with the laws of Italy.

16.2. We guarantee as of now our participation in an amicable conciliation attempt that each Consumer will be able to promote by accessing the European Online Dispute Resolution platform (the European ODR Platform) for the resolution of any dispute between Seller and Consumer. The European ODR Platform is developed and managed by the European Commission, in compliance with Directive 2013/11/EU and EU Regulation no. 524/2013, in order to facilitate the independent, impartial, transparent, effective, prompt, and fair out-of-court resolution of disputes concerning contractual obligations arising from online sales or service contracts between a consumer residing in the Union and a trader established in the Union through the intervention of a participating alternative dispute resolution (ADR) entity that can be selected from a list available therein. For more information about the European ODR Platform or to initiate, through it, an alternative dispute resolution procedure related to this contract, access the following link: https://ec.europa.eu/consumers/odr/. The Vendor’s e-mail address to be provided in the European ODR Platform is: info@isaporidiparma.com.

16.3. Should the attempt at conciliation referred to in Section 16.2 above not be adhered to, or should such an attempt be unsuccessful, jurisdiction for the dispute arising out of or relating to this contract shall be: (a) the Court of the place of residence or domicile of the Consumer, if “consumer” under applicable law; (b) exclusively the Court of Parma, Italy, in any other case.

16.4. For everything not expressly provided for herein, the provisions of current Italian law apply and in particular, for consumers, the provisions of Section II, Chapter I, Title III of Italian Legislative Decree no. 206/2005 as amended.

 

Updated and posted on the website on 07/06/2018