Sale Terms and Conditions
Formaggi d’Italia di Busato Valentina having its registered office in Cremona (Italy), Largo Bocaccino, 32, VAT No./Fiscal Code No. IT01650770199 is the owner of the website http://formaggiditalia.it (hereinafter “Formaggi d’Italia”).
Acceptance of the sale general conditions
1 ) The agreement entered into by Formaggi d’Italia and the user having bought (hereinafter, the “Client”) shall be deemed to be executed with the acceptance, even only partial, of the relevant order by Formaggi d’Italia. By entering an order in the several manners provided, the Client represents to have inspected all the indication provided to the same by this document and/or during the purchase procedure and to wholly accept the following general conditions and the payment conditions.
2 ) This Sale Terms and Conditions are available and printable in every moment through the website https://formaggiditalia.it. They are also integral part of the procedure of order confirmation that can not be completed without their whole acceptation.
3 ) The Client acknowledges and expressly accepts that in order to purchase alcoholic beverages must be at least eighteen years of age. Therefore, the Client, by completing an order that contains alcoholic beverages, expressly declares and guarantees to be an adult. Formaggi d’Italia reserves in any case the right to check and determine the age of the Client in the order processing phase as well as in the delivery phase. In the event of proven lack of such requirement the order processing and/or the delivery of alcoholic beverages shall not occur.
4 ) Any Client’s rights whatsoever, related to a compensation or reimbursement, as well as any contractual or extra-contractual responsibilities for direct or indirect damages to persons and/or things, caused by the missing acceptance of an order, in whole or in part, by Formaggi d’Italia, is hereby excluded.
5) The Client may purchase only the products and the tickets of the events included in the electronic catalogue as of the moment of the order dispatch and displayed online at the address (URL) https://formaggiditalia.it, as described in detail in the relevant informative forms. It is hereby understood that any images accompanying the relevant product describing form could be not perfectly and completely representative of the relevant product's features, but it could differ for colour, dimensions, and ancillary products being included in the image. All the purchase supporting information shall be deemed to be simply a generic informative material, not related to the real features of a single product. The Client may require further information at any time whatsoever using phone, email or website contact module.
6) Formaggi d’Italia hereby reserves the right to insert further information and/or particular conditions in the informative forms of products and events. The Client hereby acknowledges and expressly agrees that in the event of any discrepancies between these sale terms and conditions and the indications (if any) included in the same informative forms, such indications will prevail.
7) The correct receipt of the relevant order is confirmed by Formaggi d’Italia by an e-mail, sent to the electronic mail address communicated by the Client. Such confirmation e-mail will include the order summary, to be used in further communication with Formaggi d’Italia. The message reproduces all the data inserted by the Client, who undertakes to verify the correctness of the same and to promptly communicate amendments (if any), following the procedure described in this document.
8) In the event of no acceptance of the order, Formaggi d’Italia guarantees to promptly communicate such circumstance to the Client.
9) The Client may carry out the payment of the products’ price and of the relevant delivery expenses by means of bank transfer, credit card or other operators such as Satispay or Stripe.
10) Credit card (recognised and approved by Formaggi d’Italia)
In the event that the relevant purchase is carried out with the payment modalities by Credit Card, at the same time of the execution of the online order, the total price will be charged on the Client’s credit card.
10.1) In the event of order’s cancellation caused by the non-acceptance of the same by Formaggi d’Italia, Formaggi d’Italia will at the same time promptly require the cancellation of the transaction and the release of the amount committed. The release timeframe, for specific type of cards, depends exclusively on the banking system and may arrive to their natural maturity (24th day after the authorisation date). Once executed the cancellation of the transaction, the Client agrees and expressly accepts that Formaggi d’Italia could not be deemed responsible for any direct or indirect damages caused by a delay in the lack of release of the committed amount by the banking system.
10.2) Formaggi d’Italia hereby reserves the option to require to the Client integrative information (i.e. a fix telephone No.) or the dispatch of a copy of the documents proofing that the Card used is owned by the same Client. Lacking the required documentation, Formaggi d’Italia hereby reserves the option not to accept the relevant order.
10.3) Formaggi d’Italia Formaggi d’Italia is not able, at any time during the purchase procedure, to know the information related to the purchaser’s credit card, being transmitted through a protected connection directly to the website of the banking institute managing the transaction. No IT archive of Formaggi d’Italia will store such data. Therefore, in no event Formaggi d’Italia may be deemed responsible for any libellous and illicit of credit cards by third parties as of the payment of the goods purchased.
11) Purchase through intermediaries such as Satispay or Stripe
In the event of purchase of goods by Satispay or Stripe, Satispay or Stripe will debt the amount of the purchase carried out immediately, at the same time of the completion of the online transaction.
11.1) In the event of cancellation of the order, both in the event of cancellation by the Client and in the event of non-acceptance by Formaggi d’Italia, the amount related to the cancelled goods will be credited on the Client’s Satispay or Stripe account at the same time of the cancellation. The credit timescale on the payment instrument chosen within the Satispay or Stripe account is dependent from Satispay, Stripe and the banking system only. Once the credit of the relevant amount on the Satispay or Stripe account has been carried out, in no event Formaggi d’Italia could be deemed responsible for damages (if any), whether direct or indirect, caused by delays in the actual credit depending from Satispay, Stripe or the banking system.
11.2) Formaggi d’Italia hereby reserves the right to request additional information (for example, a fix telephone No.) suitable for determining the actual owner of the relevant Satispay or Stripe account. Lacking the requested documentation, Formaggi d’Italia reserves the option not to accept the relevant order.
11.3) Formaggi d’Italia is not able to know the information related to the purchaser’s credit card or other modalities chosen within Satispay or Stripe, in any moment of the purchase procedure. Therefore, in no event Formaggi d’Italia can be deemed responsible of a fraudulent and illicit use of the credit cards by third parties, as of the payment of the purchased products.
Purchase by professionals or firms
12) The Client acknowledges and expressly agrees that Formaggi d’Italia will not accept orders by subject other than natural persons outside the Italian territory.
Delivery methods and expenses
13) Formaggi d’Italia issues a receipt of the dispatched material for each order made online, sending the same to the holder of the order with the purchased goods, pursuant to the applicable provisions in force. Trust will be made on the information provided by the Client as of the order for issuing the relevant receipt. After the issue of the receipt, no amendment could be made to the same.
14) The prices of the products include all the applicable taxes and duties only for EURO Zone. All the prices are expressed in Euro. The payment of the goods by the Client will be made using the methods chosen as of the order. The Client does not due anything other than the order’s total.
15) No responsibility may be charged to Formaggi d’Italia in the event of delays in handling the order or in delivering the ordered goods.
16) As of the delivery of the goods by Formaggi d’Italia, the Client is bound to control that the number and the nature of the products being delivered correspond to what is specified under the waybill; any discrepancies from the order made shall be challenged within 24 hours for fresh products and within 7 days for other products.
17) If it is impossible to deliver the relevant goods to the address specified by the Client as of the order, the ordered goods will be returned to the sale points of Formaggi d’Italia.
18) The expenses will be borne entirely by the Client and will be specified as of the moment of the insertion by the Client of all the requested data, including those relating to the delivery address of the products. Therefore, the Client acknowledges and expressly agrees that the final cost of the dispatch will be highlighted only once the mandatory fields have been filled in. Any costs specified by Formaggi d’Italia in advance shall be deemed indicative and amendable.
19) Formaggi d’Italia guarantees the delivery of fresh goods only in Italy.
20) Formaggi d’Italia provides for two dispatch methods to be chosen by the Client, i.e. the Standard modality and the so-called Express modality. The Express modality shall be expressly requested by the Client by means of an e-mail to Formaggi d’Italia with the additional request of the estimate. Formaggi d’Italia will contact the courier and will provide the requested estimate immediately (the clients service email@example.com shall be contacted).
The below does not apply to foods, in relation to which please refer to the following point 25.
21) If the Client is a Consumer, he has the right to withdrawal from the purchase agreement for any reason whatsoever pursuant to the Consumer Code, without the need to provide explanations and without any penalty, subject to the provisions under the following points 23, 24, 25 and 26.
22) The Client has the right to withdraw from the agreement within 14 days. The period for exercising the withdrawal right will lapse after 14 days from the day on which the Client or a third party, other than the courier and indicated by the Client, acquires physical possession of the goods. In order to exercise the withdrawal right, the Client is bound to inform Formaggi d’Italia of its decision of withdrawing from this agreement by means of an express representation using the contacts form in the website. In order to comply with the withdrawal term, it is sufficient that the Client sends the communication related to the exercise of the withdrawal right before the expire of the withdrawal term.
If the Client withdraws from this agreement, Formaggi d’Italia will refund to the Client all the payments carried out by the same in favour of Formaggi d’Italia, excluded the delivery. Such refunds will be carried out by using the same payment method used by the Client for the initial transaction, subject to the Client having expressly agreed to the contrary. The Client acknowledges and expressly agrees that Formaggi d’Italia will have the option to suspend such refund until the receipt of the goods or until the proof of the dispatch of the goods by the Client.
The Client shall dispatch the goods or deliver the same to Formaggi d’Italia without undue delays and, in any case, within and not later than 14 days from the day on which the same has communicated to Formaggi d’Italia that the Client is willing to withdraw from this agreement.
The goods shall be returned intact, complete of all their parts and with the original package (bags and packages), kept and eventually used applying the normal diligence, without wear and filth signs, in compliance with the conditions specified under points 24, 25 below. The Client will be responsible of the lack of value of the goods arising from a manipulation of the same other than that necessary in order to establish the nature, the features and the functioning of the goods, as provided under Article 57, paragraph 2 of the Consumer Code.
23) The exercise of the withdrawal right is subject to the following conditions:
a) the right applies to the whole product purchased; it is not possible to exercise the withdrawal right in relation to a part of the purchased product (in part);
b) as provided by the law, the delivery expenses related to the restitution of the good shall be borne by the client;
c) the dispatch, until the attestation of receipt in the warehouse of Formaggi d’Italia, is a complete responsibility of the Client;
d) in the event of damages to the good during the transport, Formaggi d’Italia will communicate to the client what happened (within 5 business days from the receipt of the good in its warehouses) in order to allow it to promptly present a complaint against the courier chosen and obtain the refund of the value of the relevant good (if insured); in such event, the product will be available to the client for being returned to the same, at the same time cancelling the withdrawal request;
e) Formaggi d’Italia shall not be liable in any manner whatsoever for damages or theft or loss of goods returned by uninsured dispatches.
24) Subject to what provided under this agreement and in Article 57, paragraph 2, of the Consumer Code, Formaggi d’Italia would refund the client of the whole amount already paid by means of a reversal of the amount debited on the credit card or by banking transfer. In such latter case, the Client shall promptly provide the banking details, including the IBAN code, of the current account on which the same is willing to obtain the refund (current account of the invoice holder).
25) Exceptions to the withdrawal right pursuant to Article 59 of the Consumer Code
The withdrawal right provided under Articles from 52 to 58 of the Consumer Code for the distance agreements and for the agreements negotiated outside commercial premises is excluded in relation to:
- order of tailored or clearly personalised products;
- order of products that risk to deteriorate or to expire quickly;
- order of sealed products that could not be returned for hygiene reasons or reasons connected to the health protection or that has been opened after delivery;
The below applies with reference to the selling of all products and certain products in relation to which the guarantees terms and conditions may vary as a consequence of their deteriorating nature or since they expire in a term quicker than the one provided in general here below.
26) All the products sold by Formaggi d’Italia are covered by the agreed guarantee and by the 24 months guarantee for the lack of conformity, pursuant to the Consumer Code. In order to avail itself of the guarantee, the Client shall keep the invoice or the receipt that the same will receive in PDF electronic format by e-mail.
27) The conventional guarantee of the producer is provided following the modalities detailed in the documentation included in the package of the product. If the lack of conformity will result not to be in the scope of the conventional guarantee of the producer, the transport costs will be debited to the Client.
28) Pursuant to the Consumer Code, the 24 months guarantee applies to a product having a lack of conformity, provided that the product has been duly used, in compliance with its use destination and with the provisions under the technical documentation attached. Such guarantee is reserved to the private Consumer (natural person purchasing the goods for purposes other than its professional activity, or carrying out the purchase without specifying a VAT No.). In the event of lack of conformity, Formaggi d’Italia will reinstate the conformity of the product without expenses for the Client, by repairing/replacing or reduction of the price, to the termination of the agreement. If the lack of conformity will result not to be a lack of conformity pursuant to the Consumer Code, the check and restoration costs (if any), as well as the transport costs (if any), if borne by Formaggi d’Italia, will be debited to the Client.
29) The Client loses such rights if the same does not complain to Formaggi d’Italia the lack of conformity within the term of two months from the date on which the Client discovers the relevant lack, provided that the product is not a product having a deteriorating nature or subject to a faster term, in such a case the lack shall be complained within such reduced term.
30) Replacements of products non-working as of the delivery will be carried out only of expressly provided for by the producer. Replacement depend by the producer’s policies only.
31) In the event that, for any reasons whatsoever, Formaggi d’Italia will not be able to return to its client a product in guarantee (repaired or replaced), Formaggi d’Italia can refund the amount paid, taking into account the product’s use, or replace the relevant product with a product having the same of higher features.
32) Replacement depend by the producer’s policies only and no damages may be claimed to Formaggi d’Italia for delays (if any) in carrying out replacements.
33) In the event that the application of the guarantees provides for the return of the product, the relevant good shall be returned by the Client in the original package, complete in all its parts (including packaging and ancillary documentation and equipment (if any); in order to limit damages to the original package, please insert the same in a second box; in any case labels or scotch tapes shall not be applied directly on the product’s original package. As of the return of the product, an authorising number (ARP) will be provided to the Client. Suh number shall be specified outside the packahe, following the instructions included directly in the relevant authorising e-mail.
Intellectual and industrial property rights
34) Formaggi d’Italia informs that the Website, as well as all the marks and distinctive signs used by Formaggi d’Italia in relation to the sale of the products, is protected by the applicable intellectual and industrial property rights and any kind of reproduction, communication, dissemination, publication, alteration or transformation is forbidden, in any form and for any purpose whatsoever, of the website consents, of the marks and the distinctive signs used by Formaggi d’Italia (such as, including, but not limited to, operas, images, photos, drawings, dialogues, presentations, music, sounds, videos, graphic, colours, functionalities and design of the website).
35) Formaggi d’Italia shall not be liable in relation to marks and other distinctive signs appearing on the products marketed by the same on the Website, in relation to which the Client does not acquire any right whatsoever following the entering into the agreement.
Information and Complains
37) Any complain shall be addressed to Formaggi d’Italia, by registered letter with return receipt or by PEC (Italian ceretified email) e-mail to the address firstname.lastname@example.org.
38) The sale agreement between the Client and Formaggi d’Italia shall be deemed to be entered into in Italy and governed by Italian law. In order to resolve any disputes arising by the execution of this distance sale agreement, if the Client qualifies as a consumer, the territorial competence is of the competent Court of its resident town; in all the other circumstances, the territorial competence is exclusively of the Court of Cremona, with the exclusion of alternative or competition Courts.