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 receipt amounts from 50 euros to 2,000.00 euros. If you buy with Scalapay, you receive your order immediately and pay in 3 instalments. You acknowledge that the installments will be transferred to Incremento S.P.V. srl, to related subjects and their assignees, and who authorizes this assignment.
7.5 PayPal - Available only for private users (without VAT number).
7.6 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)