Terms & Conditions
(pursuant to Chapter I, Title 3, Part 3 of Legislative Decree 206/2005 as amended and supplemented)
1. Foreword and effectiveness of the General Conditions of Sale
The purpose of these General Terms and Conditions of Sale (hereinafter, the "General Terms and Conditions") is to regulate the distance sale of products and services made available, via the Internet, on the website www.lagrandebottegaitaliana.com (hereinafter, the "Site") and the related payment and delivery, in compliance with the Italian regulations set forth in Legislative Decree 206/2005 and subsequent amendments and supplements (hereinafter, the "Consumer Code").
The owner of the Site is: Soc. Ag: Barbablu SS with registered office in Via Paganina, 5 - 43010 Roccabianca (PR), C.F/ P.I. 02938330343 - PEC address email@example.com (hereinafter "La Grande Bottega Italiana").
The subject who accesses the Site to make purchases (hereinafter "Customer") is obliged, before sending the order, to carefully read these General Terms and Conditions - which constitute a binding agreement - made available to him/her on the Site and which shall be consultable at all times by the Customer also through the link contained in the confirmation email of each order in order to allow him/her to reproduce and memorise them.
In the event that the person making purchases on the Site requests the issuance of an invoice and/or is not a "consumer or user" as defined in Article 3, paragraph 1, letter a) of the Consumer Code, the rules on withdrawal set out in Articles 7 and 8 of these General Terms and Conditions or, more generally, the provisions that under the Consumer Code apply only to "consumers" shall not apply.
Contracts concluded with La Grande Bottega Italiana through the Site are governed by these General Conditions in compliance with Italian law.
The characteristics and price of the various Foodboxes on sale on the Website (hereinafter"Foodboxes") are indicated on the page relating to each Foodbox
The contract stipulated between La Grande Bottega Italiana and the Customer shall be deemed concluded with the acceptance of the order by La Grande Bottega Italiana. Such acceptance shall be communicated to the Customer by means of an email confirming the order itself, containing a reference to these General Conditions, the order number, the shipping and invoicing data, the list of the Foodboxes ordered with their essential characteristics, the total price - including delivery charges - and the method of payment used. The Customer must check the confirmation email and if he/she identifies any errors in the order (billing or shipping address, contact information, or similar) he/she will have a pre-established time limit of 12 hours from receipt of the order confirmation email to contact Customer Service directly from the Site using the appropriate contact form on the site and/or by sending an email to firstname.lastname@example.org and/or through whatsapp at 324.5486250. Under no circumstances will it be possible to accept requests to change the contents of the shopping cart. After this deadline, the order will be put into processing for shipment and no further changes will be accepted, without prejudice to the Customer's rights set out in Article 7 below.
Upon receipt of the order, La Grande Bottega Italiana reserves the right to verify the actual availability of the products making up the Foodboxes ordered. Should one or more products not be available, La Grande Bottega Italiana shall proceed with the replacement of the product with one of similar economic value.
In the case of products of variable weight (meat, vegetables, dairy products, cold cuts, etc.), the measurements and weight indicated on the Website are indicative. La Grande Bottega Italiana does its best not to deviate from the requested weight, however it may happen that there are slight variations, either in excess or in defect.
2. Product Information
The information and characteristics relating to the Foodboxes are available, with the relative codes, on the Site. La Grande Bottega Italiana assumes no responsibility for the information provided on the products inside the Foodboxes by the individual suppliers.
The visual representation of the Foodboxes and the products contained therein on the Website, where available, normally corresponds to the photographic image accompanying the description card. It is understood that the image of the Foodboxes themselves has the sole purpose of presenting them for sale and may not be perfectly representative of their characteristics and quality, but may differ in graphics, colour and dimensions. In the event of a difference between the image and the written card, the description of the Foodbox card shall always prevail.
Foodbox prices include all taxes and duties. All prices are in Euro.
3. Method of delivery
3.1. Delivery in Italy:
Shipment will be made within a maximum of 72h from the order (24h after receipt of payment) except in certain areas of the country, which are difficult to reach by couriers. For Sicily, Sardinia and Calabria, the delivery time is 7 days from the time of dispatch. Each delivery can be tracked and traced by the Customer, through a special "tracking code" that will be provided by email, at the time of shipment.
3.2. Delivery abroad:
A delivery service is available for shipments abroad. The Customer may contact Customer Service directly using the appropriate contact form on the Site and/or by sending an e-mail to email@example.com and/or via whatsapp at 324.5486250 to request a quote for handling the order.
4. Methods of payment and invoicing
4.1. Methods of payment:
The Customer may pay the price of Foodboxes (and the relevant delivery costs in the case of shipment abroad) by credit card, PayPal, bank transfer and cash on delivery.
The circuits on which it is possible to purchase within the Site are:
Visa / Visa Electron
The Credit Institute of reference uses the SSL protocol to encrypt the data transmitted between its server and the Customer's browser. Such data are in no case recorded by the La Grande Bottega Italiana website.
Once the order has been confirmed, the Customer will be redirected to the PayPal website where he/she can make the payment using his/her account, a card (even a prepaid card) or in any event according to the methods accepted by PayPal and in compliance with the relevant conditions.
The Customer shall make the transfer within 3 days from the date of order confirmation. If payment is not made within 3 days, the order shall be cancelled.
Bank transfer details: c/c: Soc. Ag. Barbablu SS
Current account: 039300004611
Bank: BANCO BPM SPA - 00393 - MI - PORTA GENOVA
Reason for payment: the Customer must indicate in the reason for payment the date and the order number, which can be found in the confirmation email (e.g. "Order 01/01/21 n. 100012345").
Cash on delivery
Payment shall be made upon receipt of the Foodboxes and may only be made in cash. For cash-on- delivery shipments, the Customer shall be required to pay an additional shipping fee of €5.
In the event of a refund, this will be made using the same method of payment used by the Customer for the order, unless the Customer has expressly requested a different method. The refund will be made within 10 working days of acceptance by La Grande Bottega Italiana.
In the event of bank transfer or cash on delivery payment, it shall be the Customer's responsibility to provide the bank details on which to obtain the refund (account holder, name and address of the Bank, IBAN). In this case, the reimbursement will be made within 10 working days from receipt of all the information necessary for the payment of the sum.
Re-crediting to the Customer's account will take place within a short time, in accordance with the timeframe provided by the payment method selected or by the bank.
5. Transport and delivery
Foodboxes purchased on the Site are delivered to the address indicated by the Customer during the purchase procedure in the "Shipping data" field.
Delivery is made from Monday to Friday. La Grande Bottega Italiana is not responsible for unforeseeable delays or delays not attributable to it or for any damages, losses, costs, wrong and/or non-delivery of the Foodboxes due to force majeure or fortuitous events (e.g. natural disasters, adverse weather conditions, strikes, accidents, etc.)
6. Free Returns in the Event of Exercising the Right of Withdrawal
In the event of exercising the right of withdrawal, the return shipping costs shall be charged by the Customer. The original packaging must also be returned: otherwise, La Grande Bottega Italiana cannot guarantee a refund. The returned package must obligatorily contain a copy of the Order Confirmation sent to the email address indicated at the time of purchase or of the waybill present on the package at the time of receipt. Under no circumstances will cash-on-delivery or carriage- paid packages be collected.
The right of withdrawal is governed by the following conditions:
I. The right applies to the Product purchased in its entirety; therefore, if the Product is made up of several components or parts, it is not possible to exercise the right of withdrawal only on part of the Product purchased.
II. In the event that the right of withdrawal is exercised, La Grande Bottega Italiana shall refund the customer the full amount of the returned goods, including shipping costs where applicable, within 14 days from the date on which the notice of withdrawal was received, without prejudice to La Grande Bottega Italiana's right to suspend payment of the refund until actual receipt of the goods. The refund will be made in the manner described in section 5.3 of these General Conditions.
III. Also in order to be able to guarantee the free- of -charge nature of the return pursuant to Article 8 below, the Products must be returned in the same box in which they were received.
IV. In addition to the cases indicated in the Introduction (non-consumer customer and/or customer requesting an invoice), the right of withdrawal is excluded in the following cases, pursuant to Article 59 of Legislative Decree 21/2014
- order of Products made to specifications or clearly customised;
- order of Products that are liable to deteriorate or expire rapidly;
- order of sealed Products that are not suitable to be returned for hygienic or health protection reasons or that have been opened after delivery.
With reference to the cases of exclusion of withdrawal listed above, the Customer is informed and accepts that these include all foodstuffs (including wines, spirits and beverages), as the characteristics and qualities of these types of Products are subject to alteration also as a consequence of inappropriate storage. Therefore, for reasons of hygiene and protection of Customers, the right of withdrawal is applicable only to Products purchased on the Site that can be returned to La Grande Bottega Italiana and put back on the market without endangering the health of consumers.
In cases where the right of withdrawal is excluded, La Grande Bottega Italiana shall return the Products purchased and returned by the Customer, charging the cost for the cost of return, or dispose of them where necessary.
7. Order cancellation, postponement or change of shipping address
The Customer may cancel, postpone or request a change of shipping address for the order within a limited time period of 12 hours from the conclusion of the order. After this time, the order will be put into processing and it will no longer be possible to request cancellation or change of shipping address.
The Customer must contact Customer Service directly using the appropriate Contact Form on the Website and/or by sending an email to firstname.lastname@example.org and/or via whatsapp at 324.5486250.
La Grande Bottega Italiana reserves the right to cancel the order in the event of unforeseeable difficulties, informing the Customer by email, or, subject to agreement with the same, change the day and/or time of delivery.
8. Warranty and Conformity Defects
In the event of conformity defects of Foodboxes sold by La Grande Bottega Italiana, the Client must contact Customer Service directly using the appropriate Contact Form present on the Website and/or by sending an email to email@example.com and/or through whatsapp at 324.5486250. The legal guarantees provided by articles 129, 130 and 132 of the Consumer Code apply to the sale of Foodboxes. The Customer has the right, at his or her choice and provided that the type of Product allows it, to the restoration, without charge, of the conformity of the Product by means of repair or replacement, or to an appropriate price reduction, or to the termination of the contract.
The Customer loses these rights if he does not report the conformity defect to La Gande Bottega Italiana within two months from the date on which he discovered the defect, unless the Product is, by its nature, perishable or subject to expiry within a shorter period, in which case the defect must be reported within this reduced period. The legal warranty covers all Products that present a conformity defect existing at the time of delivery and which manifests itself within 24 months from the date of purchase (the purchase receipt shall be valid as proof).
9. Errors and limitations of responsibility
The information on Foodboxes provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which, therefore, La Grande Bottega Italiana cannot be held responsible, except in the case of intentional wrongdoing or gross negligence.
La Grande Bottega Italiana reserves the right to correct errors, inaccuracies or omissions even after an order has been placed, or to amend or update the information at any time without prior notice, without prejudice to the Customer's rights under these General Conditions and the Consumer Code.
Except in the case of fraud or gross negligence, any right of the Customer to compensation for damages or recognition of an indemnity is excluded, as well as any contractual or extra- contractual liability for direct or indirect damages to persons and/or things, caused by the non- acceptance or non-fulfilment, even partial, of an order.
La Grande Bottega Italiana promotes the responsible consumption of alcoholic beverages and excludes any liability on its part, except in cases of willful misconduct or gross negligence, in the case of purchases made by persons under 18 years of age. By purchasing any alcoholic product, you declare that you are of legal age as per art. 7 of DL 158/2012. La Grande Bottega Italiana accepts no liability in the event of a purchase made by minors under the age of 18 who have declared to be of a different age.
Any complaint must be forwarded to La Grande Bottega Italiana using the appropriate Contact Form on the Site and/or by sending an email to firstname.lastname@example.org and/or via whatsapp to the number 324.5486250 active from Monday to Friday, from 9.00 am to 5.00 pm, excluding public holidays, or by registered letter with return receipt and/or PEC to the following address:
c.a. customer service
Soc. Ag. Barbablu SS
Via Paganina, 5
11. Online resolution of consumer disputes (ODR)
Pursuant to Article 14 of Regulation 524/2013 we inform you that in the event of a dispute you may submit a complaint via the ODR platform of the European Union which can be reached here. The ODR platform is an access point for users wishing to resolve disputes arising from online sales or service contracts out of court.
12. Applicable law and place of jurisdiction
The contract of sale between the Customer and La Grande Bottega Italiana is concluded in Italy and governed by Italian law. For the resolution of disputes relating to the interpretation, execution or termination of these General Conditions or individual purchase orders if the Customer is a consumer pursuant to the Consumer Code, the Court of the Customer's municipality of residence or domicile shall have exclusive jurisdiction if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Milan, any other jurisdiction excluded.
Pursuant to Article 1341 of the Italian Civil Code, the Customer declares having read and specifically accepted the following articles of these General Conditions: 6 (liability for delays in delivery), 10 (right to correct errors - exclusions of liability).