On-line store General Conditions
Art. 1: Definitions:
– General Conditions of Sale: the followings terms provided below;
– Seller: Bonomo & Giglio srl owner of La Nicchia trademark based in Via Stufe di Khazzen, 14 - 91017 Pantelleria (TP), P.IVA 00360850812. -
– Web Site: is intended the following url: www.lanicchia.com trhough which we offer the sale;
– Product/s: any food product sold by Bonomo & Giglio srl on its web platform, www.lanicchia.com ;
– Buyers: any person who buys one or more food products trhough our web site;
– Consumer: any person amenable to definition of "Consumer" as required by Italian law D. Lgs: 206/2005;
– Profesional Buyers: any person who is not a "Consumer";
– Service: on-line sell of high quality food products made by seller trhough web site;
Art. 2: Purpose and Company commercial policy
Since 1949 Bonomo & Giglio srl, set up its Caper Production farm in Pantelleria, presents now its new e-commerce on the food market by offering high-quality food on-line through its brand "La Nicchia"
Art. 3: Purpose
3.1. These general conditions of sell are applied to the Buyers who want to make a deal through the web site www.lanicchia.com and that are "Consumers" as explained in art. 1 "Definitions". Present conditions are NOT AT ALL applicable to Buyers that are not Consumers;
3.2. By placing an order, the customer confirms that has carefully read and so accepts all these general conditions of sale, furthermore the customer requests that the company proceed with the execution of it.
Art. 4: Contract and Service Object
4.1. The Company gives an on-line sales service of high quality food products through www.lanicchia.com web site;
4.2. The buyer can find the essential caratteristics of each products which are fully explained on the corrisponding web page during the process of purchase.
4.3. The buyer is aware that foodstuff is subjected to influence of seasonality and surrounding environment, conservation and expiry date. The buyer therefore must be conscious that the flavor, texture, color and, in general, characteristics of the product purchased, may change from shipment to shipment, and from package to package, even if relating to the same product. Any divergences such as those mentioned do not constitute a defect of product, but rather underline its special authenticity and craftsmanship quality.
4.3 Seller is not responsible for defects of products that are attributable to incorrect storage and / or use, furthermore in any other case than that indicated on the respective label.
Art. 5: Contract finalization
5.1. Purchase contract is finalyzed when the buyer completes the on line procedure by sending the order;
5.2. Company obligation delivery of products is subjected to buyer advance payment;
5.3. Company will have the right, at its discretion, to keep a copy of receiving orders in the ways and terms deemed most appropriate.
Art. 6: Prices and Payment method
6.1. All prices shown on this website are expressed in Euros (€) and include VAT.
6.2. Shipping costs are calculated and declared for each shipment during the final phase of filling out the order form. Shipping costs are charged to the customer. The goods are sent by express courier chosen by the seller.
6.3. Customer can pay by credit card, bank transfer, Paypal or Satispay.
Payment must be made at the same time as the order.
Payment methods must be selected at the time of purchase, based on the order finalization procedure indicated on the website www.lanicchia.com.
i) Credit or debit cards are accepted.
ii) Payment via Bank Transfer has to be done just at the end of purchase procedure at the following bank account details:
UNICREDIT filiale di Pantelleria (TP) IBAN: IT83X0102081900000300114701
Shipping will take place only after the buyer has paid the sum following the payment instructions given by the web site www.lanicchia.com.
All tax and banking information will be used by Seller in compliance with current legislation on the right to privacy and confidentiality, just to complete the purchase procedures, or if it becomes necessary to report to police authority any fraud attempts on the site: www.lanicchia.com.
Art. 7: Purchase method
Purchase on www.lanicchia.com must be made by following the indicated procedure on the platform, which takes place in the following phases:
d) Advance payment by credit card, bank transfer, Paypal or Satispay
Buyer is aware that any different type of procedure, or partial and non-definitive conclusion of the same, does not determine the conclusion of contract; only the correct and complete execution of purchase procedure, will make seller delivering the order as required by the www.lanicchia.com website.
Art. 8: Buyer statement
By placing an order buyer declares to be of age and to possess the legal capacity necessary for signing the contract, and that the information provided at the time of the order is true, updated, accurate and sufficient for order fulfillment.
Art. 9: Delivery of products and risk
9.1. Delivery will be to the address indicated by the Buyer. After the products have been entrusted to the carrier, any address changing must be specifically contracted with Seller, and Buyer will have to take charge of any additional costs in advance.
9.2 When order will be paid, Seller will send to customer's e-mail date and order code, furthermore tracking code.
9.3. In order to guarantee the best service, Bonomo & Giglio srl undertakes to deliver orders within a maximum of 3-4 working after the payment, except for specific areas given from curier. Buyer is aware that orders leave from the island of Pantelleria, shipments may be delayed up to 15 days in the event of bad weather conditions that affect the arrival and departure of ferries. This circumstance will be considered a cause of force majeure, therefore not attributable to the Seller.
If provided by curier, delivery can be made on Saturday, but not on Sunday.
9.4. Correct indication of delivery address is exclusive responsibility of Purchaser.
9.5. If buyer refuses to receive or, does not receive the delivery of products shipped, in accordance with these general conditions of sale, all risks connected with the loss or damage of products will be the sole responsibility of buyer. In any case, the amount paid for the order will not be returned.
In the case of delivery failure Bonomo & Giglio srl could:
a) make delivery by other way, at the expense of the buyer;
b) leave order in stock by the curier, with notice to the buyer.
Art. 10: Right of withdrawal
Right of withdrawal is governed by Legislative Decree 06/09/2005 No. 206 Italian Law.
Art. 11: Prohibition of appropriation of intellectual and industrial properties.
Purchase of products does not imply on Buyer, in any case, assignment or license by the Seller, of any right attributable to brands, badges, or any other sign or distinctive indication of product purchased.
Art. 12: Warranty
12.1. All product descriptions, illustrations, representations, details, dimensions and any other information available on website must be intended as general illustrations of products, and in any case represent a guarantee or declaration of conformity of products.
Art. 13: Comunications
13.1. Any communication or notice in relation to application of these general conditions must be made by registered letter with return receipt addressed to:
Bonomo & Giglio srl Via Stufe di Khazzen, 14 - 91017 Pantelleria (TP) -
13.2. The last address or contact communicated by the Buyer will be the address to which the Seller will deliver any communication.
13.3. Except as provided above in relation to the cancellation of consumer orders, such communications or notices (if duly addressed) will be considered received:
a) upon receipt of the registered letter with return receipt;
b) at the time and date of confirmation of receipt and opening of e-mail by the receiver.
Art. 14: Privacy legislation and personal data treatment.
Art. 15: Applicable law
15.1. These general conditions of sale are governed by Legislative Decree 206/2005 relating to the protection of consumers in respect of distance contracts and by Legislative Decree 9.4.2003, n. 70, in implementation of the European Electronic Commerce Directive n. 2001/31 / EC, together with any other applicable law and regulation, the "Applicable Law".