Terms and Conditions of Sale
1. GENERAL PROVISIONS
These general conditions of sale according to Legislative Decree 206/2005 (Consumer Code), and in particular to the articles 49 ff. and art. 66-quater of the Civil Code C., govern the relationship between Farage Cioccolato - Farage Cioccolato srls a socio unico, Via Gadames 128 – 20151 Milan (MI) Italy – VAT and Tax Code: 10868710962 REA MI 2563545 fully paid-up share capital – hereinafter referred to as “the Seller” , on the one hand, and any person or company, referred to as "the Customer", on the other, to place an order online on the website https://faragecioccolato.it/ for himself or on behalf of third parties, for professional or private.
The products are described on the website https://faragecioccolato.it in good faith and with the maximum possible precision.
The presentation of the products is not binding on the Seller and does not constitute an offer in the legal sense of the term.
The Customer must select the products he wishes to purchase and specify the quantity and weight (where available).
The products will be automatically added to the Customer's cart.
Before ordering a product available on the site, or at the same time as the payment procedure, the customer must open his own account by clicking on "LOGIN/REGISTER". The Customer must fill in a form to create his own profile. The Customer must also provide his email address and choose a password which will remain personal and confidential and will subsequently be necessary for his identification on the site at any time. The Customer must also fill in all the required fields with their data or those of their company, and the shipping address, if different from personal data, including the VAT number. For customers based in Italy, whether they are individuals or companies, the insertion of the valid tax code or VAT number is required.
At any time, the Customer can obtain a summary of the products he has selected by clicking on the "cart" icon, to view the products currently in the cart and to change their quantity or by eliminating those items he no longer wants or which have been entered by mistake . To purchase, click on "Complete Order".
Therefore, to order the products he has chosen, after clicking on "conclude order", the Customer must identify himself, if he has not already done so, by filling in the required fields or entering his email and password previously chosen in "Register".
The Customer can choose the preferred payment method.
In this way the Customer accepts these "Terms and conditions of sale" and finalizes his order. The order is registered and the sale becomes final.
The confirmation email that the Seller sends to the Customer concludes the contract and implies the unconditional acceptance by the Customer of these terms and conditions. The order details are indicated in the confirmation email.
The order form must be kept in the Seller's electronic register, stored on a reliable and durable medium, considered as proof of the contractual relationship between the parties. It also provides proof of the availability and price of the items.
The Seller is not required to terminate the order until payment of the purchase amount is received. The Seller reserves the right to submit the order to various and further checks, to suspend or refuse, especially if the order is incomplete, if the data provided is incorrect, if the Customer has not paid for previous orders, or for any other reason and title that the Seller may consider.
Orders are not definitive until they have been confirmed by the payment of the price by the Customer.
The prices of all the products available on the website https://faragecioccolato.it/shop are expressed in Euros, including the VAT rates in force in Italy at the time of purchase, net of shipping costs which will be calculated in the final phase of the purchase before sending the order confirmation based on the place of destination entered during the registration phase. The Seller reserves the right to change prices at any time. The products, if available, must in any case be invoiced in Euros at the rates in force when the order was registered. Placing an order implies acceptance of the price indicated for the product chosen.
The total price indicated in the order confirmation is the final price, including all taxes (where applicable).
6. CUSTOMS DUTIES
Any order placed on the site to be shipped outside the EU may be subject to customs duties and taxes when it reaches its destination. Taxes and customs duties relating to the delivery of an item are to be attributed exclusively to the Customer and are his responsibility. The Seller is not required to know and inform the Customer of any customs duties and taxes that may e.g
7. PAYMENT METHODS
The website https://faragecioccolato.it/shop is governed by Italian law and the products offered for sale are shipped from Italy. Invoices are drawn up in Euros.
The Seller accepts the following payment methods:
Payment via PayPal will be made to Brera5.
PayPal allows you to make payments by accessing your account or even by credit card or prepaid card, to all users who do not yet have an account and need to make payments through the service. The payment channels accepted by PayPal are Visa, Visa Electron, Mastercard, Postepay and Aura.
In case of purchase through the PayPal payment method, at the conclusion of the order, the Customer is directed to the PayPal login page. The amount relating to the order is charged to the PayPal account or to the selected credit card. In case of cancellation of the order, both by the Customer and in case of non-acceptance on our part, the amount will be refunded to the Customer's PayPal account or to the selected credit card within the third day following the cancellation of the order .
Any delays in the release of the sums will depend exclusively on the Paypal system. At no time during the purchase procedure will the Seller be able to know the Customer's financial information. Since there is no data transmission, there is no possibility that this data will be intercepted. None of our company's computer archives contains or stores such data. For each transaction made with the PayPal account, the Customer will receive a confirmation email from PayPal.
For more information on legal agreements for PayPal services, please consult the following guide: https://www.paypal.com/it/webapps/mpp/ua/legalhub-full
For more information on Paypal security please consult the following guide:
Whatever the payment method used, the order is not taken into consideration until validation of the same. The Seller will then have to send a confirmation email and the customer's account will be debited.
The Seller guarantees full confidentiality of the banking information which automatically checks the Customer's right to use the credit card and encrypts all transactions to ensure confidentiality.
Payment by credit card will be made to Farace Cioccolato srls.
Credit card transactions are handled by Shopify's servers. The customer's card data is managed solely and exclusively by the Shopify site and servers.
Transactions take place through secure connections: "https" prefix in the address bar and by the padlock symbol in the browser.
Compliance with the security protocols envisaged by the international circuits Verified by Visa and Secure Code Mastercard which guarantee the operator immunity from disavowals for fraud (in the cases envisaged by the CIs).
Acceptance of Visa, Visa Electron, Mastercard, Maestro cards.
When paying by credit card, no surcharge will be charged.
8. PROOF OF THE TRANSACTION
The parties accept electronic evidence as part of their relationship (email, back-up, etc.).
The parties agree that the data recorded by the Seller on the e-commerce platform or paper records are proof of all the Customer's transactions on the site. The data recorded by the payment system is proof of financial transactions.
Order forms and invoices are stored on a reliable, durable medium, collectable as proof of agreement.
9. ORDER PROCESSING
Orders are processed Monday through Friday, excluding holidays. Parcels are shipped from Italy, within a maximum period of 5 working days after receipt of payment for the order.
The Seller cannot be held responsible for any delayed or non-delivery due to fortuitous causes or acts of the third party or an event beyond its control, which may make the execution of the contract impossible or more onerous, in whole or in part, or for the acts of third parties such as the suppliers of the parties to this agreement, subcontractors, agents and representatives, or if the Customer fails to fulfill its commitments.
Timely delivery of products will take place only if the Customer has fulfilled his obligations towards the Seller. The delivery times indicated in the order or the order summary are provided in good faith, as mere ordering terms. Delivery times are not in themselves an essential condition of the contract and the Seller is not required to pay any compensation.
The Seller reserves the right to entrust certain services to third parties, employees or agents working under its responsibility
The purchased products must and will be sent to the shipping address provided by the Customer. The Seller cannot be held responsible for the consequences of any errors made by the Customer when placing the order.
The Seller cannot be held responsible for the non-performance of the contract in the event of force majeure, unrest, or partial or total strikes, in particular, of any means of transport or courier services.
10. TIMES, METHODS AND COSTS OF DELIVERY
The Seller can accept orders for delivery in Italian territory (excluding San Marino and Vatican City) in the EU zone: Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Estonia, Finland, France, Germany, Latvia, Lithuania, Luxembourg, Malta , Netherlands, Poland, Portugal, Czech Republic, Romania, Spain, Sweden, Hungary.
The Seller delivers the products by courier and/or trusted carriers within 2/3 working days from the confirmation of the Customer's order, depending on the availability of the products and the place of destination of the goods. The times for the delivery terms are indicative and are in no way binding for the Seller and in any case will not exceed 30 days from the receipt of the order confirmation e-mail by the customer. No responsibility can be attributed to the seller in the event of a delay in the order or in the delivery of the order.
For the issuance of the invoice or other tax document, the information provided by the Customer at the time of the order is valid. After the invoice or other fiscal document has been issued, it will not be possible to make changes to them.
Shipping costs are charged to the Customer and are clearly explained when placing the order, based on the country of origin of the Customer. Nothing is owed more by the Customer than the total order.
Shipping methods and costs vary according to the country of destination of the goods.
Standard shipping in Italy costs €7.00. The latter is given as a gift by Farage Cioccolato for all orders over €20.00
In Italy the shipment is made with DHL or TNT, from Monday to Thursday from April to September and from Monday to Friday from October to March.
This allows us, except in cases of force majeure or unforeseeable circumstances, to deliver in Italy within a maximum term of 5 (five) working days starting from the day following the day in which Farage Cioccolato confirmed the order to the Customer via a specific email of order confirmation. From April to September we do not ship on Fridays for reasons related to high temperatures which could somehow damage the products in the event of storage. For this reason, orders made available on Friday must be added 1 (one) additional working day for the delivery of the goods.
Shipping costs are as follows:
Delivery in Italian territory, islands included (excluding San Marino and Vatican City)
Up to €20.0 €7.0
Delivery to EU (Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Estonia, Finland, France, Germany, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Czech Republic, Romania, Spain, Sweden, Hungary)
€12 with a minimum order of €30.00
Deliveries by courier are made during working hours, therefore it is preferable to enter an address where someone is always present for collection, otherwise the package will go into storage with a consequent delay in delivery and a possible charge for storage costs.
The delivery of what is ordered is intended at street level. There is no delivery to the floor.
Upon delivery of the products, the Customer must check that the packaging is intact and not altered, even in the closing tapes.
In the event of tampering and/or breakage, the Customer must immediately contest the shipment and/or delivery by placing the wording "subject to control of goods" on the delivery document received from the courier or other operator.
Subsequently, he must report any damage within 2 (two) days of receipt of the products in the manner prescribed by the operator chosen for the shipment and/or delivery and/or by the operator.
In the event that the carrier has been chosen by you outside of those proposed during the purchase phase, the risk of damage and perishing of the Products is already transferred to you at the time of delivery to the carrier, precluding any dispute regarding the characteristics external to what was delivered. In this case, any objection must be raised directly by you against the carrier.
1.1. Without prejudice to the provisions of article 8.7, the Customer has the right to withdraw from the contract within 14 (fourteen) days from the date of delivery of the Products. In the case of a split order, this term starts from the day of delivery of the last Product.
2.2. To exercise the right of withdrawal, the Customer may send a communication by registered mail to the following address Farage Chocolate srls via gadames 128 20151 Milan or to the email firstname.lastname@example.org containing the indication of the order and the Product for the which the Customer intends to exercise the right of withdrawal by specifying the email address and/or telephone number at which he can be contacted by the Client Service.
3.3. If the notice of withdrawal has been exercised in accordance with the provisions of the General Conditions of Sale, Farage Chocolate will inform the Customer that it intends to proceed with the withdrawal of the Products and the relative methods, without this entailing any charge against the Customer.
In the event that the withdrawal exercised by the Customer concerns the Products referred to in Article 7.7 or has not been exercised in a manner compliant with the General Conditions of Sale, Farage Chocolate will send a specific communication to the Customer refusing the withdrawal and will not proceed with the re-credit of the price paid by it.
4.4. In the event that Farage Chocolate intends to collect the Products, the Customer undertakes to return the Products for which he has exercised the right of withdrawal without undue delay and, in any case, within 14 (fourteen) days from the date on which he communicated to Farage Chocolate its decision to withdraw from the contract.
5.5. The Products must be returned in the same state in which they were delivered. The Customer must therefore ensure that the Products are intact and complete, never opened or damaged in any way, and that they are returned in their original packaging.
In consideration of the peculiarity of the Products, Farage Chocolate will check the packaging and the condition of the individual returned Products, constituting the substantial integrity of the same essential requirement for exercising the right of withdrawal.
In the event that the package is damaged, deteriorated or opened, Farage Chocolate will send a specific communication to the Customer and will not proceed with the refund of the price paid by the same.
6.6. The refund of the price of the returned and accepted Products will be made by Farage Chocolate without undue delay and in any case within 14 (fourteen) days from the date on which Farage Chocolate became aware of the exercise of the right of withdrawal by the Customer.
In any case, Farage Chocolate reserves the right to withhold the refund until it has received and checked the Product.
The aforementioned refund will be made by re-crediting the amount paid by the Customer to be carried out with the same payment method used for the purchase, unless the Customer has expressly agreed otherwise and on condition that he does not have to incur any costs as a result of the refund.
Farage Chocolate will confirm the refund of the price to the Customer by e-mail.
7.7. Without prejudice to the provisions of the previous articles, the right of withdrawal cannot be exercised by the Customer with reference to the following Products:
Sealed products, if opened by the Customer;
2. Products which by their nature are subject to perishability and/or alterability of their characteristics and which cannot be returned without compromising their integrity and/or determining a deterioration in quality;
3. Customized and/or made-to-measure products for the Customer.
8.8. The return of the Products pursuant to this article is permitted only in relation to purchases made on the Website.
Limitation of Liability
9.1. Apart from cases of willful misconduct or gross negligence, Farage Chocolate will not be liable in any way towards the Customer for indirect or consequential damages that may derive from the purchase of Products offered for sale on the Website.
9.2. Farage Chocolate declines all responsibility relating to the condition of the Products, as a result of improper and/or poor conservation of the same by the Customer after delivery.
Sales offers are subject to product availability. If a product is unavailable after the order has been validated, the Seller undertakes to inform the Customer as soon as possible, by e-mail or by telephone. The Customer can then request the cancellation of the order. When the refund is in order, the amount must be credited to the Client's credit card account within thirty days of the cancellation.
Farage Cioccolato COUPON is a digital coupon of a predefined value to be used for online purchases only on the website https://faragecioccolato.it. It is awarded on a promotional basis on certain occasions and periods of the year, it has immediate validity with no refund on the remainder.
The use of the coupon takes place by typing in a Discount Coupon code during the purchase phase from the website https://faragecioccolato.it/shop and by applying it via a dedicated button.
14. INTELLECTUAL PROPERTY
All texts, comments, illustrations and images reproduced on our website are covered by copyright. All rights reserved. Any partial or total reproduction without the Seller's consent is prohibited. Ordering does not involve the transfer or grant of intellectual property rights, unless expressly indicated.
The products offered comply with the law. The Seller cannot be held liable if he performed his services in accordance with it.
16. TRANSFER OF OWNERSHIP
Farage Cioccolato srls retains full ownership of the products sold until the total amount due by the Customer has been received. The transfer of ownership of purchased goods does not fall within the scope of this contract. Only customers who originally purchased such goods can claim to adhere to the clauses of these general conditions of sale.
pursuant to article 13 of EU Reg. 2016/679 GDPR
The data controller is Farage chocolate srls
The contact details are as follows:
Telephone: +39 02 97104565
Data Protection Officer
A data protection officer has been appointed.
The contact details are as follows:
Processing of personal data
Pursuant to art. 13 of EU Reg. 2016/679 (GDPR), the writer, as Data Controller, informs you that the personal data acquired will be processed in compliance with the rights of fundamental freedoms, as well as the dignity of the interested party, with particular reference to confidentiality and personal identity and the right to the protection of personal data.
Pursuant to art. 13 of the aforementioned Regulation, therefore, we provide you with the following information:
The computer systems and software procedures used to operate this website acquire, during their normal operation, some personal data whose transmission is implicit in the use of Internet communication protocols.
This is information that is not collected to be associated with identified interested parties, but which by their very nature could, through processing and association with data held by third parties, allow users to be identified.
This category of data includes the IP addresses or domain names of the computers used by users who connect to the site, the addresses in URI (Uniform Resource Identifier) notation of the requested resources, the time of the request, the method used to submit the request to the server, the size of the file obtained in response, the numerical code indicating the status of the response given by the server (successful, error, etc.) and other parameters relating to the operating system and the user's IT environment.
These data are used for the sole purpose of obtaining anonymous statistical information on the use of the site and to check its correct functioning and are canceled immediately after processing. The data could be used to ascertain responsibility in the event of hypothetical computer crimes against the site.
Data provided voluntarily by the user
The optional, explicit and voluntary sending of e-mails to the addresses indicated on this site involves the subsequent acquisition of the sender's address, necessary to respond to requests, as well as any other personal data included in the message.
The specific purposes may be the registration to the site, to the newsletter, the request for a contact by the user, the purchase of a product, etc. etc., in any case the user will be informed of the specific purpose through summary information presented on the pages of the requested service.
Personal data will be processed exclusively for purposes connected and/or instrumental to consulting the site, therefore excluding any different and/or conflicting use with those of the "Data Subject".
The processing of information concerning you will be based on principles of correctness, lawfulness, transparency and protection of confidentiality and will be processed and stored with IT tools and with paper methods for the time strictly necessary to achieve the purposes for which they were collected.
Specific security measures are observed to prevent data loss, illicit or incorrect use and unauthorized access.
Any provision of data is optional, however, the refusal to provide personal data relevant to the purpose of the collection will not make it possible to obtain what has been requested.
The treatments connected to the web services of this site take place at the headquarters of Venchi SPA and are handled by our persons in charge of the treatment and by the duly trained and appointed hosting providers.
The treatments will be carried out within the European Union.
In any case, your personal data will not be disclosed without specific consent.
Rights of the interested party
We also inform you, briefly, that you have the right to request information on your personal data that we are processing, request their rectification, cancellation, oppose the processing, request the limitation of processing and data portability in accordance with the provisions of the articles. from 15 to 22 of EU Reg. 2016/679 GDPR (copy of the text of the articles mentioned can be requested from the addresses indicated above).
You have the right to lodge a complaint with a territorially competent supervisory authority at any time.
If the processing is based in whole or in part on your consent, you have the right to revoke it freely and at any time by contacting the addresses indicated above. The treatments carried out pending the consent given and the related legal effects will in any case remain valid even after the possible revocation of the consent.
For any clarification or communication regarding the processing of your data, do not hesitate to contact us.
Any order by the Customer and all deliveries made by the Seller implies full and unconditional acceptance by the Customer of these general conditions of sale, to the exclusion of any other document, such as the Customer's own terms and general conditions, or any brochure, catalogue, etc., which are provided for information only.
The parties expressly agree that these general conditions apply to their commercial relations, unless otherwise provided in writing. The express waiver of one of the general or particular terms or conditions does not affect the application of the other general or particular clauses.
The cancellation or inapplicability of one of the clauses of the general or particular conditions, has no effect on all the other provisions of the general and particular terms and conditions, which remain valid and applicable.
The fact that the customer has not received these general conditions in his native language does not exempt him from their application.
The ordering of any product offered on the site presupposes the reading and express acceptance of these general conditions, and this acceptance does not require the Customer's handwritten signature.
The validation of the order form by the Seller constitutes an electronic signature, equivalent to a handwritten signature, confirming that the order is complete and that the sums due for the filling of this order are payable.
The Seller reserves the right to modify its general terms and conditions without informing the customer personally and without the Customer being able to claim any type of compensation. It is the Customer's responsibility to periodically check whether any changes have been made. The Customer may copy or print these general conditions of sale, provided they are not altered.
In the event of disputes according to the provisions of art. 14 of EU Regulation 524/2013 and implemented in art. 141 of Legislative Decree 206/2005, please refer to the European dispute resolution platform: https://webgate.ec.europa.eu/odr
20. APPLICABLE LAW
This contract is regulated by the Italian law.