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Terms of sale

Index

Premise

  1. Definitions

  2. Object

  3. Conclusion of the Sale and Purchase Agreements

  4. Information and availability of products

  5. Price and ancillary costs

  6. How to purchase

  7. Methods of payment

  8. Shipping and insurance times and costs

  9. Right of withdrawal

10. Product Warranty

11. Product liability

12. Limitation of Liability

13. Privacy and Cookie Policy

14. Intellectual Property

15. Applicable law and dispute resolution for Consumer Customers

16. Applicable law and dispute resolution for Professional Operators

17. Tolerance

18. Contacts

 

Premise

These "General Conditions of Online Sale" are applicable to web transactions managed through the website "www.tecnolatte.it" (hereinafter also the "Site") and govern the sale of products promoted online by Tecnolatte S.r.L. with registered office in Lodi, Viale Italia, 59, registered in the Register of Companies of Lodi, tax code, VAT no. and n. registration number 01977170156, registered with the REA of Lodi under no. 0885599, fully paid-up share capital € 90,000.00, p.e.c. [email protected] (hereinafter also “Tecnolatte”).

Tecnolatte recommends Site users to carefully read these General Conditions (as defined in Article 1 below) before making a purchase order and to keep them, after printing, or to save them on a suitable durable medium.

Definitions

The terms and phrases listed below have the meaning indicated below, it being understood that the terms defined in the singular are also understood to be defined in the plural and vice versa.

Customer: means any person (natural or legal person) who purchases one or more Products (as indicated below) through the Site, accepting the General Conditions.

 

Customer Consumer: means a natural person who does not act as a professional operator, but to satisfy needs of a personal nature. Must be at least 18 years old and have the legal capacity to contract.

Consumer Code: means the reference legislation for consumer protection, provided for by Legislative Decree 6 September 2005 n. 206, as last amended (hereinafter also the "Consumer Code").

General Conditions: means these general conditions of sale and any future new versions that may be published on the Site.

Sale and Purchase Agreement: means the purchase and sale agreement for the concluded Products, pursuant to art. 3, between Tecnolatte and the Customer through the Site.

Professional Operator: means a natural or legal person who acts in the exercise of his / her business, commercial, craft or professional activity or an intermediary;

Order: means the purchase order for the Products sent by the Customer, in accordance with the General Conditions and following the procedure set out in art. 6.

Price: means the sale price of the Products as indicated on the Site corresponding to the Products themselves.

Product: means the product published on the Site for the purpose of its sale.

Producer: is the manufacturer of the Product or one of its components, as well as the producer of the raw material.

Parties: jointly means Tecnolatte S.r.l. and customers.

Site: means the website "www.tecnolatte.it", owned by Tecnolatte S.r.l., through which it is possible to purchase the Products ".

Tecnolatte: means the company under Italian law Tecnolatte S.r.l. with registered office in Lodi, Viale Italia, 59, registered in the Register of Companies of Lodi, tax code, VAT no. and n. registration number 01977170156, registered with the REA of Lodi under no. 0885599, fully paid-up share capital € 90,000.00, p.e.c .: [email protected].

2. Object

2.1 The General Conditions govern all the Sale and Purchase Agreements and form an integral part of them. They represent the conditions and methods with which Tecnolatte sells and delivers the Products through the Site, with the exclusion of any other contractual document.

Before the conclusion of the Product purchase procedure, the Customer must read the General Conditions. By selecting the appropriate box, the Customer acknowledges having consulted and expressly accepted the Conditions of Sale, without having to sign other documents.

2.2 Tecnolatte. reserves the right to modify the General Conditions at any time and without notice, it being understood that those published on the Site at the time the Orders are placed by the Customers will be considered applicable to the Sale and Purchase Agreements.

2.3 In the event of a conflict between the General Conditions and any other terms and conditions relating to the Sale and Purchase Agreements published on the Site, the terms and conditions most favorable to the Customers will be applied.

3. Conclusion of the Sale and Purchase Agreements

3.1 The Purchase and Sale contract between Tecnolatte and the Customer will be concluded exclusively online. The methods of purchasing the Products are governed by the following art. 6. Once the procedure described in art. 6, Tecnolatte will send the Order Confirmation to the Customer within 2 (two) working days from receipt of the Orders from the Customers.

3.2 The Sale and Purchase Agreements are concluded between the Parties when the Customers receive the Order Confirmation. If the Customers do not receive the Order Confirmation within the term indicated in art. 3.1, the relative Order must be considered rejected by Tecnolatte S.r.l. and, therefore, devoid of effects.

3.3 By sending the Orders, the Customers declare that they have read all the instructions relating to the method of purchasing the Products referred to in art. 6 and to have fully accepted the General Conditions, as well as having read all the additional information contained on the Site, also recalled via links.

3.4 Orders will be filed in the Tecnolatte database, in accordance with the procedures and in compliance with the provisions in force on "Privacy", including the EU Reg. 2016/679 of 27 April 2016 and will be accessible by contacting Tecnolatte at the references referred to in 'art. 18.

3.5 The Customer is responsible for the correctness of the data entered in his personal data and by Tecnolatte used for the issuance of the fiscal document (Invoice)

4. Information and availability of the Products

4.1 The Customer can view on the Site the main features and the price of the individual Products you wish to order.

The items offered for sale are generally in stock. In case of exhaustion of single products, these are temporarily excluded from the Site. However, if individual Products are not available for any reason, even if present on the Site, Tecnolatte reserves the right to verify the stock restoration times and, if necessary over 10 (ten) days, will ask the Customer, via e-mail, for his preference between receiving the Order without the temporarily missing items or waiting for the stock to be restored to receive the products with a single shipment.

5. Price and ancillary charges

5.1 The Customer undertakes to pay the requested price for the Products purchased on the Site. The Price is expressed in € (Euro). The applicable Price is the one published on the Site at the time the Orders are placed by the Customers.

5.2 The Price is inclusive of VAT applicable pursuant to the law for all taxable persons in the Italian territory and of any other tax and is subject to change during the year, it being understood that the Products ordered will be invoiced at the Price in force at the time of order registration. The VAT rate applicable will be the one in force on the day of the order and any changes to the VAT rate applicable will be automatically applied to the Price of the Products sold starting from the day of its entry into force.

5.3 The Price is intended with collection at the Tecnolatte Srl warehouse.In case of shipment of the Products, the shipping costs are charged to the Customer and will be calculated in addition to the Price of the Products purchased on the basis of the type of delivery, the quantity of Products to be delivered, their volume, their weight and their destination. The shipping costs will be indicated before the Order is sent by the Customer. Any bank charges applied for payment and any additional accessory charges, such as, for example, customs clearance, will be charged to the Customer, will be calculated, where it is possible to quantify them in advance, in addition to the Price and will be indicated, whenever possible, their anticipated quantification, before sending the Order by the Customer. In the event that some ancillary costs cannot be quantified in advance, they will in any case remain the responsibility of the Customer and, if they are charged to Tecnolatte, as, for example, in the event that Tecnolatte incurs additional costs due to payments made by the Customer outside the European Union, these costs will be charged back to the Customer, after sending the documentation certifying the payment. The Customer undertakes to reimburse the aforementioned costs to Tecnolatte within 14 (fourteen) days from the date of receipt of the refund request received by Tecnolatte.

5.4 If the Customer is a Professional Operator, he / she must add his VAT number, PEC or SDI code to his account on Tecnolatte where he can receive the tax documents for purchases made on www.Tecnolatte.it

5.5. Tecnolatte reserves full ownership of the Products sold until full payment of their Price, including taxes and shipping costs, has been made

6. How to purchase

6.1 Ordering is very simple!

Navigate within the site

Insert the products of interest into the virtual cart by clicking on the "Add to cart" button

- Once you have finished choosing the items, press the button at the top right called "Go to the Cashier"

- Log in with your details or register your account if you are a new customer

- On www.tecnolatte.it it is essential to be registered in order to order. Registration is simple, fast and secure. By registering you will be able to know the news and access special offers. You will also be able to manage your account and shipping addresses, view your orders easily. You can change your data at any time

- Enter the shipping and payment information to complete the Purchase

- You will receive an order confirmation by email.

6.2 Minimum purchase amount

You can buy as many items as you want, as long as you reach a minimum purchase amount of € 25.00 (Euro twenty-five / 00) VAT. Included

6.3 Each order sent to Tecnolatte S.r.l. it is equivalent to a contractual proposal of the Customer therefore it is binding for Tecnolatte S.r.l. only if:

• It is complete in all its parts;

• It is confirmed and accepted by Tecnolatte S.r.l. pursuant to the previous art. 3;

 

Tecnolatte, at its discretion, reserves the right not to accept orders that are incomplete or lack the data necessary for their fulfillment.

 

6.4 Issuance of fiscal document

The tax documentation required by law will be issued by Tecnolatte at the time of shipment to the Customer of the ordered products as specified below:

- Issue of tax receipt: for all Consumer Customers registered as private operators ("Consumer Customer")

- Invoice issue: for all "non-consumer" customers registered as professional operators ("Professional Operator")

If you are a Consumer Customer and need to receive an invoice, this circumstance must be specified before the order is shipped.

After sending an order by issuing a tax receipt, it will no longer be possible to issue an invoice. The amount will in fact be fiscally registered in the considerations register.

A regular accompanying receipt is always issued which Tecnolatte sends together with the goods.

7. Terms of payment

7.1 Credit Card

The circuits accepted to make the Payment are: VISA, V-PAY, VISA ELECTRON, VISA-POSTEPAY, MASTERCARD, MAESTRO.

The amount due will be debited within 15 (fifteen) days from the date of the order.

By communicating the data relating to their credit card, the Customer expressly authorizes Tecnolatte to charge the amount due on the aforementioned credit card. Communications relating to payments take place in a protected environment and are managed by specialized acquirers

Tecnolatte informs the Customer that, in the context of the fight against internet fraud, it will be required to transmit information on the order placed by the Customer, in the event of a request by the competent authorities.

7.2 Bank transfer

The order will be sent only after the verification of the crediting of the amount due to our current account. To speed up the order sending procedures, please send the copy of the bank transfer accountant via e mail to [email protected] in advance, on which the identification number of the bank transaction must be reported. To speed up shipping, please indicate your order number and your surname in the subject of the e-mail.

The transfer must be made to the following current account:

TECNOLATTE S.R.L.
BANCA POPOLARE DI SONDRIO
IBAN: IT 69 B 05696 20300 000002597X43
BIC/SWIFT: POSOIT2107M

7.3 Collect on delivery

It is limited to € 500.00 (five hundred euros / 00) and is only accepted for shipments on Italian territory

Payment will be made upon receipt of the goods and must be made in cash (CHECKS ARE NOT ACCEPTED). We recommend that you prepare the exact amount indicated as the courier cannot give change.

7.4 Scalapay: Service available only for consumer customers and for total order amounts from 150 euros to 600 euros.
If you buy with ScalaPay, you receive your order immediately and pay in 3 monthly charges. You acknowledge that the credit will be transferred to “Incremento S.P.V. srl”, to related parties and their assignees, and who authorizes this transfer.

7.5  The information received by Tecnolatte pursuant to this art. 7 will be used exclusively to complete the procedures relating to the sale of the Products and for the reimbursement procedures in case of exercising the right of withdrawal pursuant to art. 9 by Customers. Tecnolatte S.r.l. reserves the right to cancel any order that has not been paid within 15 (fifteen) days from the date of receipt of the same.

8. Shipping and insurance times and costs

8.1 Availability of goods and shipping

Italia

The purchased goods are made available for collection at the Tecnolatte warehouse, however if the buyer requests it, Tecnolatte can arrange the shipment.

The Site is able to estimate the cost of shipping based on the weight / volume of the order as well as its destination. All orders for which payment confirmation has been received, including shipping, are entrusted to the courier. Orders received on Saturday and Sunday will be processed by Tuesday. Shipments and deliveries will be managed throughout the national territory, including the towns of Livigno and Campione d'Italia, through the GLS express courier within an indicative timeframe of two to four working days. More details on the times estimated by GLS are available at the following link: https://www.gls-italy.com/it/spedire-con-gls/tempi-di-consegna inserting "L3 Cremona" as the departure site

For particularly large orders or particular destinations, Tecnolatte S.r.l reserves the right to entrust the shipment to another courier who delivers throughout the country in two / four working days.

The storage costs, which arise when the order is not delivered, will be charged to the Customer, in cases where the personal data are incorrect, ambiguous, missing fundamental parts that prevent normal delivery or due to unavailability of the recipient.

It is emphasized that the delivery times indicated by the couriers must be considered indicative, because they do not consider any delays attributable to customs, seasonal peaks or caused by force majeure, for which Tecnolatte cannot be held responsible in any way.

Abroad

The purchased goods are made available for collection at the Tecnolatte warehouse, however if the buyer requests it, Tecnolatte can arrange the shipment.

For shipments to foreign countries, the site is able to estimate the cost of shipping with the EMS service (Poste circuit) during the purchase, calculating it based on the weight / volume and destination of the order. In the event that the Customer wishes to use another courier (UPS, DHL, FedEX, Cargo Service, etc.), it is necessary to specify it before shipping. A quote for an ad hoc service will be provided and subjected to customer acceptance, alternatively to the standard EMS service.

The storage costs, which arise when the order is not delivered, will be charged to the Customer, in cases where the personal data are incorrect, ambiguous, missing fundamental parts that prevent normal delivery or in the event of unavailability of the recipient.

It is emphasized that the delivery times indicated by the couriers must be considered indicative, because they do not consider any delays attributable to customs, seasonal peaks or caused by force majeure, for which Tecnolatte cannot be held responsible in any way.

8.2 Damaged shipping

The customer is required to check the condition of the package at the time of collection. In the event of tampering or visible damage, it is essential to accept the delivery "with reserve", having the courier register a reserve with specific motivation (by way of example: wet neck, crushed neck, torn neck, etc.).

Even in the case of optional activation of the shipping insurance service, it is necessary to report any tampering / damage to the package by placing a reserve with specific motivation to the courier (by way of example only: wet neck, crushed neck, torn neck, etc.).

In all cases of absence of the reserve with specific reasons, the courier will not accept any complaint, let alone requests for compensation or refunds for damaged goods and not reported at the time of delivery.

The Customer must check the correspondence of the delivered products with those ordered and immediately inform Tecnolatte, at the references referred to in Article 18 in the event that any non-conformities or anomalies are found.

8.3 Perishable goods shipping

For purchases of rapidly perishable goods, Tecnolatte offers the optional refrigerated shipping service consisting of EPS boxes and slow-release (reusable) refrigerant packs, capable of maintaining the temperature suitable for the correct conservation of products up to 5 (five ) days.

8.4 Insurance

Professional Operators have the possibility to insure their shipment * against loss and damage at a cost of € 4.87 including VAT.

* Exclusions: glass, perishable goods cannot be insured*Esclusioni: vetro, merci deperibili non possono essere assicurate

9. Right of withdrawal

9.1 Only if the Customers are Consumer Customers, they have the right, pursuant to and for the purposes of art. 52 of the Consumer Code, to withdraw, even without reason, from the Sale and Purchase Agreements within 14 (fourteen) calendar days from the date of receipt of the Products covered by the Sale and Purchase Agreement,

The right of withdrawal must be exercised by the Customers by sending Tecnolatte S.r.l. a written communication, by e-mail to the address indicated in art. 18, containing:

·         The manifestation of the will to make use of the right of withdrawal;

·         The identification of the Order that gave rise to the Sale and Purchase Agreement from which they intend to withdraw.

9.2 In case of exercise by the Customers of the right of withdrawal referred to in this art. 9:

·         Customers undertake to return the Products within 14 (fourteen) days from the date of sending the notice of withdrawal pursuant to art. 9.1

·         • All costs related to the return of the Products are entirely borne by the Customers. Tecnolatte will not accept packages sent on delivery.

·         • Tecnolatte S.r.l. undertakes to reimburse the Price paid and the standard shipping costs as quickly as possible, and in any case within 14 (fourteen) days from the date of receipt of the Products referred to in art. 9.2 provided that:

- the Products have been returned and are intact

- the original packaging / packaging of the Products is also returned and the same is intact

- the Products have not been used.

 

The Products not accepted will be returned to the Customer with costs at his expense.

9.3 Pursuant to Article 59 of the Consumer Code, the right of withdrawal is excluded for products:

(a) Made to order or clearly personalized.

(b) Which are likely to deteriorate or expire rapidly.

(c) Sealed, which do not lend themselves to being returned for hygienic reasons or related to health protection.

(d) They were opened after delivery.

In particular, for the products for sale on this Site and belonging to the categories:
1- Coagulants and Additives
2- Coagulants and rennet "Ditta Rappelli from 1919"
3- "Hobby Cheese"
having the characteristics expressed in letters b) and c) listed above, the right of withdrawal is excluded.

 

9.4 If Consumer Customers exercise the right of withdrawal in a manner that does not comply with the methods and terms set out in this art. 9, Customers will not be entitled to a refund of the Price.

9.5 Tecnolatte S.r.l. in case of purchase by credit card, the amount paid will be refunded on the card account; for other payment methods, it will communicate to the Customers the methods of reimbursement of the Price and may, for this purpose, ask the Customers for their bank details (IBAN and account holder).

10. Product Warranty

10.1 The warranty regime on the Products differs according to whether the Customer is a Consumer Customer or a Professional Operator.

Tecnolatte guarantees its "Consumer" Customers the protection provided by law for defects in the Products and non-compliance with what is indicated on the Site, in accordance with the provisions of art. 128 and following of the Consumer Code. Pursuant to this guarantee, Tecnolatte is responsible, pursuant to Article 130 of the Consumer Code, when the lack of conformity of the Product occurs within 2 (two) years of delivery of the goods, but.

the Consumer Customer loses the rights provided for in Article 130, paragraph 2 of the Consumer Code, if he does not report the lack of conformity to the seller within two months from the date on which he discovered the defect.

 In the presence of a lack of conformity, the Consumer Customer may request, alternatively, to repair the goods or to replace it, without charge in both cases, unless the requested remedy is objectively impossible or excessively burdensome for Tecnolatte compared to the other, pursuant to of the provisions of art. 130, paragraph 4, of the Consumer Code. Any other remedies provided for by the aforementioned rule remain unaffected.

The warranty is valid for 2 (two) years from the date of delivery of the Product The Consumer Customer loses the rights provided for in Article 130, paragraph 2, if he does not report to Tecnolatte, to the references indicated in art 18, the lack of conformity within two months from the date on which he discovered the defect, under penalty of forfeiture of these rights.

10.2. If the Customer is a Professional Operator, the Products are covered by the warranty for defects in the thing sold, pursuant to art. 1490 and following of the Italian civil code.

Defects must be reported in compliance with the terms set out in art. 1495 of the Italian Civil Code The action aimed at enforcing the warranty expires within 1 (one) year from the date of delivery of the purchased Product.

10.3. In the event that the Customer has to file a complaint or make a request, the Customer must contact Tecnolatte at the references indicated in Article 18.

11. Product Liability

Tecnolatte, as a distributor of goods produced by third parties, is not a manufacturer. The Manufacturer is the person responsible for any damage caused by defects in the Products. In relation to the liability of the supplier of the Products towards the Consumer Customer, art. 116 of the Consumer Code.

12. Limitation of Liability

12.1 Tecnolatte will be solely responsible for direct and foreseeable damages at the time of the conclusion of the Sale and Purchase Agreement, except in cases of willful misconduct or gross negligence. Tecnolatte will therefore not be liable for loss of earnings, any losses or any other damage possibly suffered by the Customer that is not an immediate and direct consequence of Tecnolatte's breach or that was not foreseeable at the time of the conclusion of the Sale and Purchase Agreement.

12.2 Tecnolatte assumes no responsibility for inefficiencies attributable to force majeure or unforeseeable circumstances, even if dependent on or attributable to Internet network disruptions, in the event that it fails to execute the order within the times provided for in these General Conditions. Furthermore, Tecnolatte will not be responsible for damages, losses or costs incurred by the Customer, if the sale of the Products has not been carried out for reasons not attributable to the aforementioned Tecnolatte..

12.3 Tecnolatte cannot be held responsible for any fraudulent or illegal use by third parties of the Customer's credit cards and other means of payment, if it proves that it has adopted all possible precautions based on ordinary diligence.

12.4 The images of the products published on the Site have a purely illustrative function and therefore Tecnolatte assumes no responsibility if the Customer finds insubstantial differences between the aforementioned images and the Products purchased..

13. Privacy and cookie policy

Tecnolatte declares and guarantees that the personal data of Customers will be processed in compliance with the provisions in force on "Privacy", including the EU Reg. 2016/679 of 27/04/2016. Details relating to the methods of data processing are communicated to customers at the time of registration.  Read the information.

14. Intellectual property

All intellectual property rights connected to the Site (including its contents) are the exclusive property of Tecnolatte. The Site and its contents cannot be reproduced either in whole or in part, transferred by electronic or conventional means, modified, connected and used for any purpose without the prior written consent of Tecnolatte.

15. Applicable law and dispute resolution for Consumer Customers

15.1 The General Conditions and Sale and Purchase Agreements are governed by Italian law and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

15.2 For any dispute that may arise in connection with the General Conditions and / or the Sale and Purchase Agreements, including those relating to their existence, validity, interpretation, execution or resolution, if the Customer is a Consumer Customer, the disputes must be resolved by the competent court based on the residence or domicile of the Customer.

The Consumer Customer may also make use of consumer mediation, an out-of-court dispute resolution mechanism provided for in Articles. from 141 to 141 decies of the Consumer Code

On the subject of mediation, the European Commission offers consumers who want to use mediation the European platform for online dispute resolution (ODR), which can be accessed from the following web address:

https://ec.europa.eu/consumers/odr/main/?event=main.home2.show&lng=EN

16. Applicable law and dispute resolution for Professional Operators

16.1 The General Conditions and Sale and Purchase Agreements are governed by Italian law and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

16.2 For any dispute that may arise in relation to the General Conditions and / or the Sale and Purchase Agreements, including those relating to their existence, validity, interpretation, execution or resolution, if the Customer holds the quality of Professional Operator, he will have exclusive jurisdiction the Court of Lodi.

17. Tolerance

Any tolerance of Tecnolatte to Customer behavior in violation of the provisions contained in these General Conditions, does not constitute a waiver of the rights deriving from the violated provisions, nor the right to demand the exact fulfillment of all the terms and conditions provided herein.

18. Contacts

For information, complaints and assistance on the Site or on how to purchase on the Site or on the Sale and Purchase Agreements, Customers can contact Tecnolatte S.r.l. exclusively through our Customer Service at the email address  [email protected]

 

 

After careful rereading, they expressly and specifically approve, in accordance with Articles 1341 and 1342 of the Italian Civil Code Articles 12. (Limitation of Liability) and 16 (Applicable Law and Dispute Resolution for Professional Operators)