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General Terms

1. Introduction and effectiveness of the General Terms

These General Terms and Conditions of Sale (hereinafter, “General Terms and Conditions”) apply to the sale of products and services through the website www.ilpestodipra.com (hereinafter, the Website) under the Italian legislative decree 206/2005 and subsequent amendments and additions (hereinafter, “Consumer Code”).

The Seller of the products and the owner of the Website is: Pesto di Pra’ of Bruzzone and Ferrari S.r.l. (hereinafter Pesto di Prà), with registered office in Salita R. Ascherio 3A, 16157 Genova Pra’, Italy, VAT number 01379730995, in the person of its pro tempore legal representative Stefano Bruzzone - certified e-mail address ilpestodipra@pec.it.

The Customer who uses this Website to purchase products or services before sending the order shall carefully read these General Terms and Conditions which will be accessible at any time by the same Customer.

The agreement entered into with Pesto di Pra’ through this Website is governed by these General Terms and Conditions in accordance with the Italian law. Italian is the language used to enter into the agreement.
 

If the Customer requires the issuance of an invoice and/or in any case he/she is not a “Consumer or User” as defined by the Consumer Code, the cancellation rights pursuant to Articles 7 and 8 of these General Terms and Conditions shall not apply, as well as the provisions that under the Consumer Code apply only to “Consumers”.

This contract is valid exclusively for purchases and deliveries within the European Union.

2. Definitions

a) General conditions of sale: the general conditions of sale hereinafter;

b) Electronic commerce agreement: this is a contract concerning goods signed by the supplier, in other words the Manager of the e-commerce portal, and the Customer-Consumer, in the framework of a remote sales system organized by the Supplier, who, for said contract, shall only use one or multiple forms of remote communications technology.

c) Seller: il Pesto di Pra’ of Bruzzone and Ferrari S.r.l. the webmaster of the e-commerce website,

aiming to carry out by the Internet the sale of foodstuff belonging to their assortment

d) Website: the website www.ilpestodipra.com through which the service is offered;

e) Product/s: foodstuff sold by Pesto di Pra’ through the website www.ilpestodipra.com.
f) Customer: anyone who buys foodstuff online through the website.

g) Consumer: the Customer who buys foodstuff online through the website for purposes not related to the commercial or professional activity carried out.

h) Service: online sale of foodstuff.

i) Consumer Code: legislative decree 206/2005 and subsequent amendments and additions

3. Subject and conclusion of the contract

These General Conditions of Sale shall apply to the Customers who buy through the website.

The features and the price of the products are available on the website.

The graphic representation of the Products on the Website, if available, normally corresponds to the photographic image shown together with the product description.

For purchasing the Products the Customer shall fill in and send the order form in electronic format, following the instructions on the Website. The Customer shall add the Product to the “Basket” and, after reading the General Terms and Conditions and the Privacy Policy and confirming their acceptance, he/she shall insert the shipping and billing data (if any), select the desired payment method and confirm the order.

By submitting an order from the Website, which has the value of a contractual offer, the Customer acknowledges and declares to have read all the information provided during the purchase procedure and to fully accept these General Terms and Conditions and the applicable terms of payment.

The agreement entered into between the Seller and the Customer shall be considered as concluded once the order has been accepted by the Seller. This acceptance is communicated to the Customer via an order confirmation email containing a reference to these General Terms and Conditions, the shipping and billing data, the list of ordered Products with the total price, including delivery charges.

The Seller reserves the right to cancel an order which are not duly completed or not duly filled in.

At the moment of receiving the order, the Seller reserves the right to check the actual availability of the products ordered, if only few Products are not in stock, the Seller will process the order with the available Products and will inform the Customer about the temporary lack of the product.

4. Payment, prices and billing: 

All prices on the website are expressed in euros (€) and are inclusive taxes.

Shipping is free on orders above 49,00 € within Italy.

Shipping fees have to be added for shipments outside Italy regardless of the amount.
Shipping fees shall be indicated and calculated by Buyer through the purchase procedure prior to submitting the order and can be viewed on the order summary page.

Buyer agrees to pay the price of the purchased good according to the terms and methods under this Contract.

Customer may pay Products and delivery costs by Credit Card or prepaid cards, PayPal, PayPal, bank transfer. Payment methods have to be chosen at the moment of the purchase according to the checkout procedure indicated on the website.

By selecting the proper space on the website, the Customer authorizes the Seller to use the payment methods for which a pre-authorization is requested. If paying via bank transfer, the payment is to be sent to the account indicated during the payment procedure; the shipment will be processed only once the correct amount has been transferred to the Pesto di Pra’ account.

If the purchase is made by a professional, it shall be possible to request the issuance of the invoice by selecting the appropriate box during the ordering procedure and entering the billing information including tax code and/or VAT number. In that case, the invoice shall be sent by email to the indicated address.

The professional is responsible for the proper entry of the billing data and he/she is expressly informed that if no invoice request is carried out during the ordering, it may not be requested at a later stage.

Once the online purchase procedure is completed, Buyer shall print out and store these Terms and conditions.

5. Shipping and Delivery

Products purchased on this Website shall be delivered to the address indicated by the Customer. All purchases shall be delivered by express courier (hereinafter, "Courier") from Monday to Friday, except public holidays and national holidays. Pesto di Pra’ is not responsible for unforeseeable delays or those which are not attributable to it.
Once the Products are shipped the Customer shall receive a confirmation email that includes a link for reference for the tracking of the shipment.

The Seller will not deliver Products to addresses and/or receivers other than those specified at the time of purchase unless otherwise agreed with the Customer and only according to the services offered by the courier responsible for the delivery. Please see the times indicated for delivery (these will vary according to the region).

 If the Customer refuses to accept the Product or if he does not receive said Product for any other reason in compliance with the General Conditions of Sale, all risks of loss of or damage to products will be at the Customer’s own expense. The price paid for the order will not be refunded.  

On the contrary, if non-performance of the contract is due to causes attributable to the Supplier, the Customer is entitled to a full refund, with exclusion of any other entry.

The Purchaser is always responsible for verifying the delivery address indicated. The Company reserves the right to charge the Purchaser for any additional cost incurred in due to changes made to the delivery address which was not promptly communicated.

6. Customer’s obligations upon receiving goods

In case of dents, different number of parcels and/or partial opening of the parcel or of any other clear damage to the delivered product, the Purchaser is advised to accept the goods by writing “I accept the delivered Products under reservation” when signing the transport document and also indicating the discrepancies between the order placed and the actual delivery. In absence of this, the Customer will lose the right to replacement and/or reimbursement and/or contract resolution.

7.  Limits of liability

Pesto di Pra’ shall not be held responsible for unforeseeable delays (for example, courier strikes or similar)  or delays for which is not accountable.

Pesto di Pra’ shall not be held responsible for any disruptions caused by force majeure of any nature or type and, in the event it cannot execute the agreement within the time stipulated due to circumstances which are beyond its control.  

The Seller shall not be held responsible for damages, losses or costs incurred due to the non-performance of the contract for reasons not attributable to him/her.

The Seller shall not be held responsible for any fraudulent and unlawful use that may be made by third parties of credit cards and of other payment methods at the time of the payment of the purchased products as he/she declares from this moment to having taken every possible precaution on the basis of the best knowledge and experience available and on the basis of ordinary diligence.

Without prejudice to cases of willful misconduct or gross negligence, every Customer’s right to compensation for damages or to the recognition of an indemnity is excluded, as well as any contractual or non-contractual liability for direct or consequential damages to persons and/or things, caused by the lack of acceptance or even partial fulfillment of an order.  

8. Right of withdrawal

8.1. Pesto di Pra’ sells both perishable and non-perishable goods.

8.2 Perishable goods are excluded from the right of withdrawal in accordance with art. 52 of the Customer Code. For “perishable goods”, please refer to the classification under art. 62 law 27/2012 and more specifically to paragraph a) packaged agricultural, fishery and food products which have an expiry date or a maximum durability date of sixty days.

8.3 For non-perishable products, the Customer who is classified as a Consumer. in accordance with art. 52 of the Consumer Code, has the right to withdraw from the contract, without providing any justification with the exception of the cases of point 8.

In order to exercise the right of withdrawal, the Customer must send Pesto di Prà a notification within 14 days from the date of receipt of the Products. This notification must be sent using the form downloadable herein [link] through the website or by emailing our certified email account ilpestodipra@pec.it

Upon receipt of the notice Pesto di Prà shall open a file for the management of the returned Products and communicate to the Customer the instructions relevant to the return of the Products. The complete and undamaged condition of the product is an essential term for exercising the right of withdrawal. Products must not be damaged and/or altered.

8.4. The right of withdrawal is subject to the following conditions:

I. The right applies to a Product purchased in its entirety; therefore, if the Product is composed of multiple components or parts the withdrawal may not be exercised only on a part of the purchased Product.

II. In case of exercise of the right of withdrawal, Pesto di Prà shall refund the Customer the full amount of the returned Products, including shipping expenses, if any, within 14 days from the date in which the notice of withdrawal was received, without prejudice to the right of Pesto di Prà to suspend the payment of the reimbursement until the actual receipt of the Products. The reimbursement shall be carried out using the same payment method used by the Customer, unless he/she has specifically requested a different method. For money transfer or cash on delivery payments, Customers are bound to provide the banking information where they want their claim to be reimbursed (accounts holder, Bank name and address and IBAN).

III. The Products shall be returned in the same box in which they were received or in similar packaging which is suitable for shipping via courier.

IV. In the event of withdrawal, Pesto di Pra’ is responsible for the cost of returning the Products

V. The customer must return the products exclusively to this address:

il Pesto of Prà of Bruzzone and Ferrari S.r.l.

Salita Rolando Ascherio 3/a –

1657 – Genova

Upon the Customer’s request, the Customer service will arrange the collection of the goods to be returned by sending the courier to the address indicated by the Customer.

8.5 In addition to the cases indicated in Paragraph 1 above (the Customer Non-Consumer and/or requesting the invoice) and in Paragraph 8.2 (perishable goods), the right of withdrawal is excluded in the following cases according to the Art. 59 of the Customer Code:

a) orders of tailored or clearly personalized Products;

b) orders of sealed Products which are not suitable to be returned for hygienic reasons or connected to the protection of health or that were opened after the delivery.
 

9. Warranty and Lack of Conformity

In case of lack of conformity of the Products sold by Pesto di Pra’ the Customer shall immediately contact the Customer Service using the appropriate contact form accessible on the Website, by emailing shop@ilpestodipra.com or reaching out via whatsapp on +39 3451115608 and preparing the good for the Supplier so the order can be collected.

Upon communication of a non-conformity defect, Pesto di Pra’ reserves the right to carry out all verifications, and if necessary to collect the good at its own expense and offer reimbursement of the cost and of any accessory charges incurred for the purchase of the non-conforming product or offer a voucher of equal value.

The Customer loses these rights if he/she does not report the lack of conformity to Pesto di Pra’ within two months from the date on which he/she discovered the defect, unless the Product by its nature is perishable or subject to expire in a shorter term, in which case the defect shall be reported within that reduced time.

The regulations of the Civil Law apply to Customers who do not qualify as Customers.

10. Claims

Any complaint must be sent to Pesto di Pra’  through the contact form on the website, by calling +39 0106980069 (from Monday to Saturday 8 a.m. – 1 p.m. and 2 p.m - 6 p.m excluding public holidays), by emailing shop@ilpestodipra.com or by getting in contact via whatsapp on +39 3451115608.

11. Collection of personal data

By using the www.ilpestodipra.com website and/or the services offered, or by sending us an email or similar, the Customer communicates with Pesto di Pra’ and allows Pesto di Pra’ to communicate with him/her according to the methods indicated.

Without prejudice to the application of mandatory regulations, the Customer accepts to receive communications from Pesto di Prà for the purposes of this agreement.

Data provided at the moment of purchase and/ or at the moment of the registration and during the service management (name, telephone and e-mail address, address, shipping and billing data, payment data) will be processed by Pesto di Prà of Bruzzone and Ferrari S.r.l. in the person of its  legal representative Stefano Bruzzone with registered office in Salita Rolando Ascherio 3A, 16157 Genova Pra’, Italy, VAT number 01379730995, as Data Controller with the sole purpose of  establishing and managing the contractual relationship (Article. 6, paragraph.1, letter.b GDPR), for compliance with a legal obligation  (Article. 6, paragraph.1, letter c GDPR) for the purposes of the legitimate interests pursued by the Controller (Article. 6, paragraph.1, letter f GDPR).

Communication of personal data is necessary in order to use the website and proceed with the purchase.

The provided data will be known by the Data Controller’s employees/collaborators and by his third parties for the supply of services (for example consultants, shipping companies, paid services), both on paper and computer.

Data will be stored for the purposes for which the personal data is processed; it may be processed further for no longer than 10 years after the conclusion of the processing.

The Customer’s personal data which is acquired by Pesto di Prà of Bruzzone and Ferrari S.r.l.  following website navigation, by using cookies or by filling in forms for data collection will be treated in compliance with current legislation. You can access said information on the pages pertaining to the Privacy Policy [link] and Cookie Policy, where required by applicable law. You will be requested for your explicit consent for special purposes.

The Data Controller is Pesto di Prà of Bruzzone and Ferrari S.r.l. in the person of its legal representative.

You have the right to request access (art. 15 GDPR), correction (art. 16 GDPR) or erasure (art. 17 GDPR) of your personal data, or limitation of the processing (art. 18 GDPR) at any moment and if the legal conditions exist.

You have the right to object to the data processing (art. 21 GDPR) and request data portability (art. 20 GDPR). These rights may be exercised by sending a request to this email address: __________________-

In case of breach, you have the right to lodge a complaint with a supervisory authority (art. 77 GDPR).

12. Online dispute resolution for consumers (ODR)

In accordance with art. 14 regulation 524/2013 we inform the user that in the event of a dispute may file a complaint with the EU platform accessible at the following link http://ec.europa.eu/consumers/odr/.  The ODR platform constitutes an access point for users who want to settle in the framework of court disputes arising from contracts of sale or online services.

13. Applicable law and jurisdiction

The sale agreement between the Customer and Pesto di Pra’ is intendedly made in Italy and is governed by Italian law. For the resolution of disputes concerning the interpretation, execution or termination of these General Terms and Conditions or individual purchase orders if the Customer is a consumer within the meaning of the Consumer Code, the Court of his/her place of residence or domicile shall have exclusive jurisdiction if located within the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Genoa, excluding any other competent court.

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Pursuant to Article 1341 of the Italian Civil Code, Customer confirms to have read, understood and accepted, and expressly accepts, the following Clauses of the Terms and conditions: 3 (Subject and conclusion of the contract); 6 (Customer’s obligations upon receiving the goods); 7 (Limits of liability), 8 (Right of withdrawal); 9 (Warranty and Lack of Conformity); 13 (Applicable law and jurisdiction).