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Conditions of sale of products

Terms and conditions

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The Buyer expressly declares that the purchase is made for purposes unrelated to any commercial or professional activity exercised.

 

Identification of the Supplier

The goods subject to these general conditions are sold by Appetito Luigi, located in Cori, via degli Artigiani, 8, Tax Code and VAT number: 00273300590, REA number: LT – 55592, Tel: (+39) 06 9678965, email address: frantoioappetito@libero.it, hereinafter referred to as the “Supplier”.

Art. 1 Definitions
  1. The term “online sales contract” refers to the sale and purchase agreement related to the Supplier’s tangible movable goods (food), concluded between the Supplier and the Buyer within a distance selling system using telematic tools, organized by the Supplier.
  2. The term “Buyer” refers to the natural person who makes the purchase, as referred to in this contract, for purposes not related to any commercial or professional activity that may be carried out.
  3. The term “Supplier” refers to the entity indicated above, namely the company Appetito Luigi, in the sense of “professional” as per EU and Italian legislation.
Art. 2 Object of the Contract
  1. Under this contract, the Supplier sells and the Buyer purchases at a distance via telematic tools the tangible movable goods indicated and offered for sale on the website https://frantoioappetito.it.
  2. The products mentioned in the previous point are illustrated on the webpage: https://frantoioappetito.it/en/shop
  3. The main characteristics of the goods for sale are illustrated next to each of them on the corresponding reference page.
Art. 3 Methods of Contract Conclusion

The contract between the Supplier and the Buyer is concluded exclusively via the internet through the Buyer’s access to the address https://frantoioappetito.it, where, by following the indicated procedures, the Buyer will formalize the purchase proposal for the goods referred to in point 1 of the previous article.

Art. 4 Conclusion and Effectiveness of the Contract
  1. The purchase contract is concluded through the accurate completion of the request form and the consent to purchase expressed by submitting it online or by filling out the form attached to the online electronic catalog at the address www.frantoioappetito.it/cart/ and subsequently sending the form, always after viewing a summary webpage of the order, which can be printed, containing the details of the purchaser and the order, the price of the purchased goods, shipping costs, and any additional charges, the methods and terms of payment, the address where the goods will be delivered, the delivery times, and the existence of the right of withdrawal.
  2. At the moment the Supplier receives the order from the Buyer, they will send a confirmation email or display a confirmation and summary webpage of the order, which can also be printed, containing the details referred to in the previous point.
  3. The contract is not considered perfected and effective between the parties in the absence of what is indicated in the previous point.
Art. 5 Payment and Refund Methods
  1. Any payment by the Buyer can only be made using one of the methods indicated on the Supplier’s dedicated web page.
  2. Any refund to the Buyer will be credited using the same method employed by the Buyer, unless the Supplier proposes a different method which the Buyer accepts; the refund will be made promptly and, in case of exercising the right of withdrawal, within a maximum of 14 days from the date the Supplier became aware of the withdrawal. The refund may also be issued as a voucher redeemable on the website https://frantoioappetito.it.
  3. The Supplier will not refund any additional costs, such as those related to a delivery method chosen by the Buyer that differs from the standard and more expensive method offered by the Supplier.
  4. The Supplier reserves the right to withhold the refund until the Buyer has returned the goods under the contract or proves that they have been shipped back.
  5. All communications regarding payments are made through a dedicated Supplier line, protected by an encryption system; the Supplier guarantees the storage of this information with an additional level of encryption and in compliance with current data protection regulations, as outlined in the relevant Code (Legislative Decree 196/2003) as well as Regulation (EU) 2016/679 (GDPR).
  6.  
Art. 6 Delivery Times and Methods
  1. The Supplier will deliver the selected and ordered products using the methods chosen by the Buyer or indicated on the website at the time the product is offered, as confirmed in the email referred to in Art. 4, section 2.
  2. Shipping times may vary from the same day of the order to a maximum of 7 working days from the confirmation of the order. If the Supplier is unable to ship within this period but still within the one mentioned in the following section, the Buyer will be promptly notified by email.
  3. In any case, the Supplier commits to delivering the products within 30 days from the conclusion of the contract.
  4. If the Supplier fails to deliver within the maximum term of 30 days, the Buyer may request delivery within an additional period appropriate to the circumstances, provided the Buyer still wishes to receive the product despite the delay. It is understood that if the delivery period is considered essential by the Buyer, meaning that delivery after that period is of no use to the Buyer, they will be entitled to a refund of the amount paid.
  5. The risk of loss or damage to the goods transfers to the Buyer at the time of delivery; however, if the Buyer personally selects a carrier not proposed by the Supplier, the risk transfers to the Buyer at the time of shipment (i.e., when the goods pass into the availability of the chosen carrier).
  6. The shipping methods, times, and costs are clearly indicated and highlighted on the web page: www.frantoioappetito.it/terms-and-conditions.
  7. The Buyer may file a complaint with the Supplier under Art. 17 if they believe the Supplier has failed to meet the obligations stated here.
  8.  
Art. 7 Prices
  1. All sales prices of the products displayed and indicated on the website www.frantoioappetito.it/cart/ are expressed in euros and constitute a public offer pursuant to Art. 1336 of the Civil Code.
  2. Sales prices include VAT and any other applicable taxes. Shipping costs and any additional charges, if applicable, are not included in the purchase price but will be indicated and calculated during the purchase process before the Buyer submits the order and also shown on the order summary web page.
  3. The prices indicated for each of the products offered to the public are valid until the date indicated in the catalog.
  4.  
Art. 8 Product Availability
  1. The Supplier guarantees the processing and fulfillment of orders without delay through the electronic system used. For this purpose, the Supplier provides real-time information in its electronic catalog regarding the availability of products and shipping times.
  2. If an order exceeds the available stock, the Supplier will notify the Buyer by email whether the product can no longer be ordered or the estimated wait time to receive the chosen product, asking if the Buyer wishes to confirm the order.
  3. The Supplier’s system will confirm the order registration as quickly as possible by sending a confirmation to the user by email, as per Art. 4, section 2.
  4.  
Art. 9 Limitations of Liability
  1. The Supplier assumes no responsibility for service disruptions due to force majeure preventing the fulfillment of the order within the times indicated in the contract.
  2. The Supplier cannot be held liable to the Buyer, except in cases of willful misconduct or gross negligence, for service disruptions or malfunctions related to the use of the internet, beyond its control or that of its subcontractors.
  3. The Supplier will not be held responsible for damages, losses, or costs incurred by the Buyer due to the non-performance of the contract for reasons not attributable to the Supplier. The Buyer will only be entitled to a full refund of the price paid and any additional charges incurred.
  4. The Supplier assumes no responsibility for any fraudulent or illegal use of credit cards, checks, or other payment methods by third parties during the purchase of products, provided it can demonstrate that it has taken all possible precautions based on the best knowledge and experience available at the time and according to standard diligence.
  5. The Buyer cannot be held responsible for delays or payment errors if they can prove they have made the payment within the times and methods indicated by the Supplier.
  6.  
Art. 10 Liability for Defects, Proof of Damage, and Compensable Damages: Supplier's Obligations
  1. The Supplier is liable for damage caused by defects in the product sold if it fails to inform the injured party, within three months of the request, of the identity and address of the manufacturer or the person who supplied the product.
  2. The injured party must make this request in writing, specifying the product that caused the damage, the place and date of purchase, and must also offer the product for inspection, if still existing.
  3. Liability is excluded if:
    • The producer did not put the product into circulation;
    • The defect that caused the damage did not exist when the producer placed the product into circulation;
    • The producer did not manufacture the product for sale or any other form of distribution for profit, nor did it manufacture or distribute it as part of its professional activity;
    • The defect is due to compliance with a mandatory legal regulation or binding measure;
    • The state of scientific and technical knowledge at the time the producer put the product into circulation did not allow the product to be considered defective;
    • In the case of a producer or supplier of a component part or raw material, if the defect is entirely due to the design of the product into which the component or raw material was incorporated or to the conformity of this with the instructions given by the producer who used it.
  4. No compensation will be owed if the injured party was aware of the product’s defect and the resulting danger but voluntarily exposed themselves to it.
  5. In any case, the injured party must prove the defect, the damage, and the causal connection between the defect and the damage.
  6. The injured party may claim compensation for damages caused by death or personal injury or the destruction or deterioration of a thing other than the defective product, provided it is typically intended for private use or consumption and is mainly used by the injured party.
  7. Damage to things will only be compensable if it exceeds the sum of €387.00 (three hundred eighty-seven euros).
 
Art. 11 Warranties and Assistance Procedures

  1. The Supplier is liable for any lack of conformity that becomes apparent within two years from the delivery of the goods.

  2. For the purposes of this contract, it is presumed that consumer goods comply with the contract if, where relevant, the following conditions are met: a) They are suitable for the usual purpose of goods of the same type; b) They conform to the description provided by the seller and possess the qualities of the goods that the seller presented to the consumer as a sample or model; c) They have the quality and performance that is customary for goods of the same type, which the consumer can reasonably expect, considering the nature of the goods and, where applicable, public statements on the specific characteristics of the goods made by the seller, producer, or its agent, particularly in advertising or labeling; d) They are suitable for any specific use intended by the consumer that was made known to the seller at the time of the contract, and which the seller accepted, even implicitly.

  3. There is no lack of conformity if, at the time of the contract, the consumer was aware of the defect, or could not have been unaware of it with ordinary diligence, or if the defect results from instructions or materials provided by the consumer.

  4. The Buyer loses all rights if they do not report the lack of conformity to the seller within two months from the date the defect was discovered. Reporting is not necessary if the seller has acknowledged the defect or concealed it.

  5. In any case, unless proven otherwise, defects of conformity that become apparent within six months of delivery are presumed to have existed at the time of delivery, unless such presumption is incompatible with the nature of the goods or the nature of the lack of conformity.

  6. In case of lack of conformity, the Buyer may request, at no cost, under the following conditions, the repair or replacement of the purchased goods, a reduction in the purchase price, or the termination of this contract, unless the request is objectively impossible to fulfill or is excessively burdensome for the Supplier under Article 130, paragraph 4, of the Consumer Code.

  7. The request must be made in writing, by registered mail with return receipt, fax, certified email (PEC), or email with proof of receipt to the Supplier, who will indicate their availability to proceed with the request, or the reasons preventing them from doing so, within seven working days of receipt. In the same communication, where the Supplier has accepted the Buyer’s request, they must indicate the shipping or return procedures for the defective goods and the deadline for the return or replacement.

  8. If repair or replacement is impossible or excessively burdensome, or if the Supplier has not provided the repair or replacement, or if the previous replacement or repair has caused significant inconvenience to the Buyer, they may request, at their discretion, an appropriate reduction in the price or the termination of the contract. In such cases, the Buyer must submit their request to the Supplier, who will indicate their availability to fulfill it, or the reasons preventing them from doing so, within seven working days of receipt.

  9. In the same communication, where the Supplier has accepted the Buyer’s request, they must indicate the proposed price reduction or the procedures for the return of the defective goods. In such cases, it is the Buyer’s responsibility to indicate the methods for the refund of the amounts previously paid to the Supplier.

  10. A minor lack of conformity for which it has not been possible or is excessively burdensome to seek remedies such as repair or replacement does not entitle the Buyer to terminate the contract.

  11.  
Art. 12 Obligations of the Buyer

  1. The Buyer declares they are of legal age and have the necessary legal capacity to enter into a binding contract between the parties, and that the information provided at the time of the order is accurate and sufficient for the Supplier to process it.

  2. The Buyer undertakes to pay the price of the purchased goods within the time and in the manner indicated in these terms of sale as well as in the summary pages of the completed order.

  3. The Buyer is aware that the Supplier, at the end of the online purchase process, allows the Buyer to save the page where the order details are listed, as well as print it, and thus keep it on a durable medium.

  4. In the event of exercising the right of withdrawal, the Buyer must return or deliver the goods to the Supplier or to a third party authorized by the Supplier within 14 days of the withdrawal; the deadline is respected even if the Buyer returns the goods to the Supplier within this time frame.

  5. The direct cost of returning the goods is the responsibility of the Buyer.

  6. The information contained in these terms has already been reviewed and accepted by the Buyer, as this step is made mandatory before confirming the purchase.

  7.  
Art. 13 Right of Withdrawal

    1. The Buyer has the right to withdraw from the contract without penalty and without specifying any reason within 14 (fourteen) working days from the day of receipt of the purchased goods.

    2. If the Supplier has not fulfilled the obligations to inform the Buyer about the existence, procedures, and timeframes for the return or retrieval of the goods in case of exercising the right of withdrawal, the withdrawal period is extended to 12 (twelve) months from the day of receipt of the goods.

    3. The Buyer who decides to exercise the right of withdrawal must notify the Supplier via registered mail with return receipt sent to Via degli Artigiani, 8 – 04010, Cori (LT), certified email to appetitoluigi@pec.it, or by email to frantoioappetito@libero.it. The notification can also be replaced by the return of the purchased goods, provided it is done within the same timeframe. In such cases, the date of delivery to the post office or courier shall be the valid reference date between the parties.

    4. The Buyer may also use the “Standard Withdrawal Form” found at the end of this document.

    5. The return of the goods must take place at the latest within 14 (fourteen) days from the date of receipt of the goods. In any case, to be entitled to a refund of the price paid, the goods must be returned intact and in a normal state of preservation. If the consumer has handled the goods beyond “normal” use, they must reimburse the value, in whole or in part, depending on the type of goods and the appreciable impact on the Supplier of receiving them back not in perfect condition.

    6. The Buyer’s right of withdrawal is excluded in the following cases: – The supply of goods made to measure or clearly personalized; – The supply of goods likely to deteriorate or expire rapidly; – The supply of sealed goods that are not suitable for return for reasons of hygiene or health protection and that have been unsealed after delivery; – The supply of goods which, after delivery, are inseparably mixed with other goods by their nature; – The supply of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days, and the actual value of which depends on market fluctuations that cannot be controlled by the Supplier.

    7. The only expenses borne by the Buyer for exercising the right of withdrawal under this article are the direct costs of returning the goods to the Supplier, unless the Supplier has agreed to bear them.

    8. The Supplier will refund the full amount paid by the Buyer for the previous purchase of the goods free of charge within 14 days of receiving the withdrawal notice (excluding the shipping costs mentioned above).

    9. However, the Supplier reserves the right not to issue a refund until they have received the goods from the Buyer or until the Buyer provides proof of having returned the goods.

    10. Upon receipt of the communication by which the Buyer exercises the right of withdrawal, the parties are released from their mutual obligations, subject to the provisions of the preceding points in this article.

     
Art. 14 Grounds for Termination

The obligations under Article 12, assumed by the Buyer, as well as the guarantee of successful payment made by the Buyer through the means referred to in Article 5, and also the exact fulfillment of the obligations undertaken by the Supplier under Article 6, are essential. Therefore, by express agreement, the non-fulfillment of even one of these obligations, unless caused by force majeure or unforeseeable circumstances, will result in the automatic termination of the contract pursuant to Article 1456 of the Italian Civil Code, without the need for a judicial declaration.

Art. 15 Privacy Protection and Buyer’s Data Processing
  1. The Supplier protects the privacy of its customers and guarantees that data processing complies with the privacy regulations set forth in Legislative Decree 30 June 2003, n. 196, as well as EU Regulation 2016/679.
  2. Personal and tax data acquired directly and/or through third parties by the Supplier, the data controller, are collected and processed in paper, digital, or telematic form, in relation to the processing methods, for the purpose of registering the order and initiating the procedures for executing this contract and the necessary related communications, as well as fulfilling any legal obligations, and to facilitate effective management of commercial relations to provide the best service possible.
  3. The Supplier agrees to treat the data and information provided by the Buyer confidentially and not to disclose it to unauthorized persons or use it for purposes other than those for which it was collected or transmit it to third parties. Such data may only be disclosed upon request by the judicial authorities or other authorities legally authorized to do so.
  4. The personal data will be communicated, following the signing of a confidentiality agreement, only to individuals delegated to carry out the activities necessary for executing the contract and communicated exclusively for that purpose.
  5. The Buyer has the following rights:
    a) Updating, correction, or, when interested, integration of the data;
    b) Deletion, anonymization, or blocking of data processed unlawfully, including data that does not need to be stored for the purposes for which it was collected or subsequently processed;
    c) Certification that the operations referred to in a) and b) have been made known, including their content, to those to whom the data has been communicated or disseminated, except in cases where such fulfillment is impossible or would require the use of disproportionate means to the protected right.
  6. The Buyer also has the right to oppose, in whole or in part:
    i) For legitimate reasons, the processing of personal data concerning them, even if pertinent to the purpose of the collection;
    ii) The processing of personal data concerning them for the purpose of sending advertising materials or direct selling or for carrying out market research or commercial communication.
  7. The communication of personal data by the Buyer is necessary for the proper and timely execution of the purchase contract. Failing this, the Buyer’s request cannot be processed.
    In any case, the acquired data will be stored for a period of time not exceeding what is necessary for the purposes for which it was collected or subsequently processed. The removal of the data will, in any case, be done securely.
  8. The legal representative of Appetito Luigi, in their capacity as the data controller, is responsible for collecting and processing personal data on behalf of the
  9. Supplier, to whom the Buyer may direct any requests at the company’s headquarters.
    Any communication sent to the Supplier’s address (including electronic mail) (requests, suggestions, ideas, information, materials, etc.) will not be considered confidential information or data, must not infringe the rights of others, and must contain valid, non-infringing, and truthful information. In any case, no responsibility can be attributed to the
  10. Supplier regarding the content of the messages themselves.
Art. 16 Contract Archiving Methods

The Supplier informs and guarantees the Buyer that every order submitted is stored in digital/paper form on the Supplier’s server or at the Supplier’s headquarters according to confidentiality and security criteria.

Art. 17 Communications and Complaints

  1. Written communications to the Supplier and any complaints will only be considered valid if sent to the following address by registered mail with acknowledgment of receipt: Via degli Artigiani, 8 – 04010, Cori (LT), or by certified email to appetitoluigi@pec.it, or by regular email to frantoioappetito@libero.it. The Buyer must specify in the registration form their residence or domicile, telephone number, or email address where they wish to receive the Supplier’s communications.

  2. The Supplier agrees to handle received complaints with the utmost seriousness and promptness and to provide a quick response to them.

     

Art. 18 Dispute Resolution

  1. Any disputes arising between the Supplier and the Buyer may be referred to authorized mediation bodies to allow for out-of-court dispute resolution.
    Pursuant to Article 14 of EU Regulation 524/2013, the Buyer may submit a complaint through the European Union’s ODR platform (link: http://ec.europa.eu/consumers/odr/). The Buyer retains the right to refer to another mediation body.
    Should the Parties choose to go to ordinary judicial authorities, the competent court is that of the Buyer’s residence or elective domicile if located within Italian territory. Otherwise, the competent court is that of Latina.
    In the case of a Buyer who is not considered a consumer, the Parties agree to elect the court of Latina as the exclusive jurisdiction.

Art. 19 Applicable Law and Referral

  1. This contract is governed by Italian law, as well as by European Union law, and in particular, respectively, by Legislative Decree 206/2005 (“Consumer Code”) and Directive 2011/83/EU (On Consumer Rights), as well as Legislative Decree 70/2003, issued in implementation of Directive 2001/31/EC on electronic commerce.

  2. For anything not expressly provided for here, the applicable legal provisions governing the relationships and situations provided for in this contract, and particularly Article 5 of the Rome Convention of 1980, shall apply.

  3. Pursuant to Article 60 of Legislative Decree 206/05, the provisions contained in Part III, Title III, Chapter I of Legislative Decree 206/05 are expressly referred to herein.

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Pursuant to Article 1341 of the Italian Civil Code, the Buyer declares they have read and accepted the following articles of these general conditions: Art. 5, Art. 6, Art. 9, Art. 12, Art. 13, and Art. 19.

A – I DO NOT ACCEPT THE ABOVE CONDITIONS
B – I ACCEPT THE ABOVE CONDITIONS

STANDARD WITHDRAWAL FORM

To the attention of the company_________________, located in Italy, at_________________, with VAT and tax code____________________________, tel.: +39____________, fax: +39_______________, certified email________________, email address_____________;
I, the undersigned___________________, residing in________, city_________, at___________, hereby notify the withdrawal from the contract of sale of the following goods:_____________________________________________________________________________________________.
These goods were ordered on and received on.

Date_______________________

Signature_________________________