Terms of sale
www.vittoriovaccaro.it
The website https://www.vittoriovaccaro.it is hosted in a technological platform (“Platform”), managed, for its own area, by “Sapori di Lusso S.r.L, with registered office in Via Giacomo Watt, 24 (MI), registered with the Companies' Register of Milan Brianza Monza Lodi, under no. MI-2707307, P.iva and C.F. 13183730962 e-mail saporidilusso@legalmail.it, which allows to put in contact our company and buyers, for the purpose of buying and selling goods online.
On the Site users can, therefore, purchase products sold by Sapori di Lusso S.r.L.
1. Scope and conclusion of contract
. 1.1 These Terms and Conditions of Sale govern the offer and sale through the Site of products and/or services offered by Sapori di Lusso S.r.L. (“Products”).
1.2 The’offer and sale on the Site of the Products constitute a distance contract governed by Chapter I, Title III (art. 45 lett. G et seq.) of Legislative Decree 06/09/2005, no. 206 (“Consumer Code”) and Legislative Decree 9 April 2003, no. 70, containing the regulation of electronic commerce.
1.3 These Terms of Sale apply to all sales of Products made by Sapori di Lusso S.r.L. through the Site (“Terms of Sale”) They may be modified at any time. Any changes will be in force from the moment they are published on the Site in the “Terms of Sale” section, found under the specific heading on each page of the Site. Users are therefore encouraged to regularly access the Site and consult the most up-to-date version of the Terms of Sale before making any purchase.
1.4 The applicable Terms of Sale are those in effect on the date of transmission of the’order to purchase a Product.
1.5 Before proceeding with the purchase of Products through the Site, the user is required to read carefully these Terms of Sale, which Sapori di Lusso S.r.L. makes available to him in the “Terms of Sale” section of the Site and which he is allowed to store and reproduce, as well as all other merchandise and contractual information that Sapori di Lusso S.r.L. provides to him on the Site, both before and during the purchase process.
2. Purchases on the Site and products
. 2.1 The purchase of Products on the Site may be made only after registering on the Site in the manner set forth in
article 3 below and is permitted both to users who hold the quality of consumers and to users who do not hold this quality. For individuals, purchase is permitted only to those of legal age.
. 2.2 Pursuant to ’art. 3, I paragraph, lett. a) of the Consumer Code, please note that it is “consumer or user: the natural person acting for purposes unrelated to the'entrepreneurial, commercial, craft or professional activity possibly carried out”.
2.3 In the case of orders/payments or other abnormal activity, from whomever they come from, that are incongruous in relation to the quantity of the products purchased or the frequency of purchases made or the method of payment or other reasons, Sapori di Lusso S.r.L. reserves the right to take all necessary actions to end the irregularities, including the suspension of access to the Site, the cancellation of registration to the Site or the non-acceptance or cancellation of irregular orders.
2.4 Lastly, Sapori di Lusso S.r.L. reserves the right to refuse or cancel orders or delete accounts that come from: (i) a user with whom it has an ongoing legal dispute; (ii) a user who has previously violated these BCOs and/or the GDPR 679/2016 privacy regulation and/or other terms of the purchase agreement with Sapori di Lusso S.r.L.; (iii) by a user who has been involved in fraud/fraud and, in particular, in fraud relating to payments by credit card or other payment instrument; (iv) by users registered in the risk centers for the issuance of insolvent or protested credit instruments; (iv) by users who have issued false, incomplete or otherwise inaccurate identification data or who have not sent Sapori di Lusso S.r.L. the documents requested by it in a timely manner as part of the procedure referred to in Article 9 below or who have sent it invalid documents. The deadline for the modification of data is set at 15 days from the request of the company Sapori di Lusso S.r.L.;
. 2.5 The products on the site are of two different types: (i) food products and consequently perishable, the customer must, therefore, pay the necessary attention to the product and its availability at the point of collection and keep the product in the correct mode as described on the product sheet on the site. Food product may be replaced/refunded only if spoiled and/or expired. (ii) Ancillary products, and non-food.
2.6 Products are not supplied on trial, the customer is responsible for choosing the products ordered and whether they meet his or her needs.
3. Information directed to the conclusion of the contracto
. 3.1 In accordance with Legislative Decree 9 April 2003, No. 70 laying down provisions on electronic commerce, Sapori di Lusso S.r.L. informs the user that:
• to conclude the contract for the purchase of one or more Products on the Site, the user must complete an order form in electronic format and transmit it to Sapori di Lusso S.r.L., electronically, following the instructions that will appear from time to time on the Site;
• the contract is concluded when the order form reaches the server of Deltacommerce S.r.L. and subsequently confirmed by our company;
• before proceeding to the transmission of the order form, the user can identify and correct any errors in data entry by following the instructions on the Site in the different stages of the purchase;
• once the order form has been registered Sapori di Lusso S.r.L. will send the user, to the e-mail address indicated, confirmation of the order containing: a summary of the conditions of: 1) details of the price; 2) the means of payment used; 3) the information on the right of withdrawal referred to in Articles 11 et seq. of this CdV; 4) delivery charges and any additional costs; 5) the contact details of the Customer Service, which the user can contact to request assistance and / or make complaints.
• Sapori di Lusso S.r.L.'s Terms and Conditions of Sale, as well as instructions how to withdraw are on this document and in any case always available on the website, with email addresses for the’exercise of the same;
• the order form will be stored in the database of Deltacommerce S.r.L. for the time necessary for the execution of the same and, in any case, within the terms of the law. The user will be able to access but not modify the order form and/or the data related to the same through his personal account.
4.2 The languages available to users for the conclusion of the contract are: Italian. Customer Service is able to communicate with users in Italian, English and French.
5. Availability of Products
. 5.1 The Products offered on the Site by Sapori di Lusso S.r.L. are the items in the electronic catalog published on the Site, and displayed by the user when placing the order.
5.2 Each Product is accompanied by an information page that illustrates its main characteristics (“Product Page”). There will be a special section within the site containing information about the availability of the Product.
. 5.3 The availability of Products is monitored and updated. However, since the Site may be visited by several users at the same time, it may happen that several users purchase, at the same instant, the same Product. In such cases, therefore, the Product may turn out, for a short time, to be available, being instead out of stock or of non-immediate availability, being for the same necessary to obtain restocking.
5.4 If the Product turns out to be no longer available for the reasons indicated above or in the other cases of supervening unavailability of the Product, Sapori di Lusso S.r.L. will immediately notify the user by e-mail not confirming the order. Alternatively, and without prejudice to this right of termination, the user may accept one of the following proposals of Sapori di Lusso S.r.L.: (i) if a reassortment of the Product is possible, an extension of the delivery terms, with an indication of the new delivery date of the reassorted Product; (ii) if a reassortment of the Product is not possible, the supply of a similar product, of equivalent or higher value, subject to payment, in the latter case, of the difference, and subject to the express acceptance of the user. The user’s choice must be communicated within one week to Sapori di Lusso S.r.L. by responding to the customer service e-mail.
6. Product Information
6.1 Each Product visible on the Site is accompanied by the product page. The images and descriptions on the Site reproduce as closely as possible the characteristics of the Products. However, the photographic representation of the Products may differ from the actual representation due to the settings of the computer systems or computers used by users to view them. Images of the Products on the Site, moreover, may differ in size. Such images should therefore be understood as indicative and within the tolerances of use. For the purposes of the purchase contract, the description of the Product contained in the order form transmitted by the user shall be deemed authentic.
7. Prices
. 7.1 All prices of the Products published on the Site are in euros and are inclusive of VAT. and shipping costs.
. 7.2 Sapori di Lusso S.r.L. reserves the right to change the price of the Products at any time. It is understood that the price of the Product that will be charged to the user will be the one indicated in the summary of the order, displayed by the user before placing the order, and that no account will be taken of any changes (increase or decrease) after the transmission of the order itself.
7.3 In the event that a Product is offered on the Site at a discounted price, the Site will indicate the full reference price against which the discount is calculated.
7.4 Any promotions on the Site are valid while the promoted products last. Promotions cannot be combined. Any free products with specific promotion, the same will be valid while stocks last, free goods cannot be exchanged or returned under any circumstances.
8. Purchase Orders
. 8.1 The purchase contract is resolutively conditioned upon non-payment of the’total amount due. In the event that such payment is not made, the contract shall therefore be deemed to be terminated as of right. Of such termination and the consequent cancellation of the order, the user will be immediately notified: (i) immediately after the transmission of the order, through the Site, in the event that it has chosen as a method of payment by credit card and receipt of confirmation from the Paypal service; (ii) in the case of payment by bank transfer, by e-mail after seven days from the order, for failure to receive the expected payment;
8.2 The ownership of the Products will be transferred to the user at the time of delivery, to be understood as the time of delivery of the Product to the customer. On the other hand, the risk of loss or damage of the Products, due to causes not attributable to Sapori di Lusso S.r.L., shall be transferred to the user when the user or a third party designated by the user and different from the carrier, materially takes possession of the Products. 8.3 In order to place an order for a Product through the Site, you must read and review these TOS carefully.
9. Payment Methods
. Payment for Products purchased from the Site may be made using the payment methods described in the following paragraphs. Some payment methods may not be usable due to the type of Product purchased and/or the delivery or shipping method.
9.1 Paypal service, via credit cards and other permitted payment formulas
. 9.1.1 The credit cards accepted are, in each case, indicated in the links in the Terms of Service. The’charge of the’Total Amount due by the user to Sapori di Lusso S.r.L. is made at the time of transmission of the’order.
9.1.2 Sapori di Lusso S.r.L. uses the secure payment service Paypal. Confidential credit card information (card number, cardholder expiration date, security code) will be uploaded to the payment provider's site. Sapori di Lusso S.r.L. therefore never has access to and does not store the data of the payment methods used by the’user.
9.2 Bank Transfer
9.2.1 Payment for Products purchased on the Site may be made by bank transfer. The bank details for making the transfer will be indicated on the page “Payments” accessible through the appropriate link and in the e-mail confirmation of the order.
9.2.2 Payment for the Products by bank transfer must be made no later than 7 calendar days from the date of the order. After this deadline has expired in vain, the contract may be deemed to be terminated by right, resulting in a refund of the total amount due that may have been paid late. The termination of the contract will be communicated to the’user via e-mail and the’amount paid refunded in the same manner as in’art. 5.4, to the extent applicable.
9.2.3 In the case of payment by bank transfer, the shipment of the products will be made only after the crediting on value date at the bank of Sapori di Lusso S.r.L. Consequently, the terms of delivery of the Products will run from that date.
9.2.4 To facilitate the connection between the payment received by bank transfer and the order placed, the customer is requested to indicate in the reason for the bank transfer the number of the order.
10. Methods, charges and terms of delivery
. 10.1 The obligation of delivery shall be deemed fulfilled by the transfer of the material availability or otherwise control of the products to the user.
10.2 At the time of the Shipment will be sent to the user a sms / email confirmation of delivery to the carrier in which will also be contained the tracking number through which the user can check the status of the shipment.
10.3 Delivery is chargeable and, unless otherwise provided, delivery charges are the responsibility of the customer.
10.4 In the summary of the’order and, therefore, before the user proceeds to the transmission of the same, the total price of the’order will be indicated, including the total delivery costs. This total, which will also be indicated to the user in the order confirmation e-mail, will constitute the total amount due from the user in relation to the Product. For each sale made on the Site, https://www.vittoriovaccaro.it. will issue the necessary tax documentation, sending it to the private individual via e-mail to the holder of the purchase order, or, in the case of purchase from a company via SDI. For the issuance of the invoice, the information provided by the user at the time of transmission of the order through the Site and that the user guarantees to be true. No changes in the invoice will be possible after the invoice has been issued. Any errors may be disputed within eight days of receipt of the products, Sapori di Lusso S.r.L., verified the error will issue a credit note to the customer. The user agrees to hold Sapori di Lusso S.r.L. harmless and indemnified from any damage to the same that may arise, including possible penalties, in the event that the data provided by the user through the Site for the issuance of the invoice are not true.
10.5 The Products purchased on the Site will be sent and delivered to the postal address indicated by the user in the order form.
10.5.1 Home Delivery of the Product shall be understood to be to the house number indicated by the customer.
10.5.2 The user acknowledges that the pick-up of the Product is his specific obligation. In the event of non-delivery due to the absence of the recipient, the courier will leave a notice to document the delivery attempt (so-called notice of passage). The notice will also contain the contact details at which the user can contact him/her to arrange redelivery or make a pickup of the package. After the unsuccessful delivery attempt, the package will go into storage with the courier company. The user is required to pick up the package within 24 calendar hours starting from the first day after the day on which the Notice of Passage was left. In the event that the’user does not pick up the Product within this period, the purchase contract may be deemed to be terminated by right, pursuant to and for the purposes of art. 1456 c.c. Sapori di Lusso S.r.L. will then proceed within 15 working days after the termination of the contract and will not proceed to any refund, if already paid by the user. The termination procedure will be automatic without notification to the customer.
10.5.3 The user is required to report the telephone number to call for delivery, any information to reach the place of delivery of the Product and/or to its location, by entering a note to the order, in the space made available to him at the end of the purchase process and before sending the order. In the event that you fail to provide such indications or provide incorrect indications, you will be responsible for any additional expenses that Sapori di Lusso S.r.L. must incur in order to complete the delivery of the Product.
10.5.4 During the purchase process, before the user transmits the order, the terms within which Sapori di Lusso S.r.L. undertakes to deliver the Products that are the subject of the user’s order will be indicated and which take into account, in addition to the area, the delivery method and the availability of the products ordered. The delivery terms run from the conclusion of the contract (i.e. confirmation of the order), unless otherwise stated.
10.5.5 In the event that the Product purchased is not delivered or is delivered late with respect to the delivery terms with a possible oscillation of 48 calendar hours, indicated during the purchase process and in the order confirmation, the user, pursuant to art. 61 of the Consumer Code may invite Sapori di Lusso S.r.L. to make the delivery within an additional term appropriate to the circumstances (“Additional Term ex art. 61, III paragraph, Consumer Code”). If such additional term expires without the Products having been delivered to him, the user is entitled to terminate the contract (“Termination of the Contract” ex art. 61, III paragraph, Consumer Code). In any case, Sapori di Lusso S.r.L. assumes no liability for inefficiencies attributable to force majeure of any nature or kind, in the event that it fails to execute the contract within the agreed time. Causes of force majeure include, but are not limited to, measures taken by the Public Authorities, strikes by its own employees or by carriers our company uses, as well as other circumstances that are beyond the control of the company itself.
10.5.6 The acceptance of the New Delivery Term and the user's choice shall be promptly communicated to Sapori di Lusso S.r.L. by e-mail to the customer service address set forth in Article 14 below.
10.5.7 It is up to the user to verify the condition of the Product delivered to him/her. It being understood that the risk of loss or damage to the Products, for causes not attributable to Sapori di Lusso S.r.L. is transferred to the user, when the user, or a third party designated by the same and other than the carrier, materially comes into possession of the Products, it is recommended to the user to check the products received and that the packaging is intact, not damaged, nor wet or otherwise altered, even in the sealing materials and the user is invited, in his interest, to indicate on the transport document of the carrier, any anomalies, accepting the package with reserve. The receipt without reservation of the Products, in fact, does not allow the’user to take legal action against the carrier, in case of loss or damage of the Products, except where the loss or damage is due to willful misconduct or gross negligence of the carrier itself and except for partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as known and no later than seven days after receipt. In the event that the package shows obvious signs of tampering or alteration, the user is also recommended to give prompt notice to Customer Service. This is without prejudice, in any case, the application of the rules on the right of withdrawal and the legal guarantee of conformity.
11. Right of withdrawal from the purchase of Products and consequent refund
. 11.1 Who can and how to activate the right of withdrawal (Art. 52) The right of withdrawal is regulated under the law, with reference to Legislative Decree 206/2005, if the customer-consumer has the right to withdraw from the purchase contract for any reason within 7 (seven) days. Definition of consumer as reported by the legislative decree referred to in’art. 18: “consumer”: any natural person who, in the commercial practices covered by this title, acts for purposes that are outside the scope of his commercial, industrial, craft or professional activity;)
11.2 Method of withdrawal (Art. 54) To exercise this right, the customer must send the request by: A) email to’address: info@vittoriovaccaro.it B) PEC: saporidilusso@legalmail.it
11.3 Conditions for withdrawal (art. 57) However, the right of withdrawal is subject to the following conditions under’article 67 of the Consumer Code). If the delivery of the good has taken place, the consumer is required to return it to the company in the manner and timeframe provided below.
11.3.1 The terms of withdrawal vary depending on the product purchased. In particular, for Whole products and non-perishable products therefore non-food the deadline for the return of the good can not, however, be less than seven working days from the date of receipt of the good. For the purposes of the expiration of the deadline, the goods shall be deemed to be returned when they are delivered to the transportation service with delivery mode within 48 hours of receipt. There is no return shipping for sliced products, but any spoiled products must be disposed of by the consumer. Please contact Customer Service for further guidance.
11.3.2 The Return of Goods varies depending on the type of product purchased. In particular, for Whole products and non-perishable and therefore non-food products, the deadline for the return of the good may not, however, be less than seven working days from the date of receipt of the good. The good must be returned to the following address: Sapori di Lusso, Via Giacomo Watt 24, 20143 Milan) Integrity of Goods: For contracts concerning the sale of goods, if there has been delivery of the goods, the substantial integrity of the goods to be returned is an essential condition for the’exercise of the right of withdrawal. However, it is necessary that the goods be returned in excellent condition, as it has been kept with the’use of necessary care and diligence for perishable goods and their storage or normal diligence for non-perishable goods. There is no return shipping for sliced products, but any spoiled products must be disposed of by the consumer. Please contact Customer Service for further guidance.
11.3.3 Consumer fees There are no fees payable by the consumer for exercising the right of withdrawal under this article, as they will be borne by the sender.
11.3.4 Refund of Payment: If the right of withdrawal is exercised by the consumer in accordance with the provisions of this section, the company shall be obligated to refund the sums paid by the consumer. The sums shall be deemed to be refunded on time if they are actually returned, shipped or credited back with a value date not later than the expiration of the time limit previously stated.
11.4 Exceptions to the right of withdrawal (Art. 59) Unless otherwise agreed between the parties, the consumer may not exercise the right of withdrawal provided for in the cases provided therein among which we highlight:
11.4.1 the supply of goods made to measure or clearly personalized or which, by their nature, cannot be resold and/or are liable to deteriorate and/or alter rapidly and/or partially consumed;
11.4.2 for food goods, produced within the normal storage period (not expired), produced in normal storage (not spoiled);
11.4.3 absence of original packaging, absence of parts of the product, damage not resulting from transport;
11.4.4 absence of tax documentation issued by the’
. 11.5 In the event that the user avails himself of the right of withdrawal under the Consumer Code and the payment of the total amount due, consisting of the price of the Product, delivery charges, if applied, and any other additional cost, as resulting from the order has already occurred, Sapori di Lusso S.r.L. will make a refund of the Total Amount Due without undue delay and, in any case, within the period of 14 working days from the day of termination of the contract. The’amount of the refund will be communicated to the user via e-mail. If specifically requested by the’user Sapori di Lusso S.r.L. will refund via the IBAN code communicated by e-mail and specifically made out to the’user.
11.6 Any delays in the’credit may depend on the bank, the type of credit card or the payment solution used. In the case of payment by credit card, this amount will be credited to the same means of payment used by the user for the purchase. The termination of the purchase contract under the preceding articles shall entail the termination of any related credit contract and any other ancillary contracts.
12. Food compliance
12.1 All products sold on the Site are covered by the guarantees also provided by the following regulations:
(a) consumer code art. 103 et seq;
b) self-control and HACCP system;
13. Legal guarantee for non-food products
. 13.1 legal warranty for non-food products. The seller shall be liable to the consumer for any lack of conformity that exists at the time of delivery of the product and that becomes apparent within 12 months after delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the warranty, within two months from the date on which it was discovered. Unless proven otherwise, defects of conformity that become apparent within six months after delivery of the products are presumed to have existed on that date, unless such assumption is inconsistent with the nature of the product or the nature of the defect of conformity. From the seventh month after delivery of the product, on the other hand, it will be the consumer's burden to prove that the lack of conformity already existed when the product was delivered.
13.2 take advantage of the Legal Warranty In order to take advantage of the Legal Warranty, the user must therefore first provide proof of the date of purchase and delivery of the good. You should, therefore, retain the order confirmation or purchase invoice as well as the DDT or any other document that can attest to the date the purchase was made and the date of delivery (e.g. credit card statement or bank statement) for the purpose of such proof.
13.3 what is a non-conformity defect for non-food products? There is a lack of conformity, when the purchased good:
• is not suitable for the’use for which goods of the same type are customarily used;
• does not conform to the description made by the seller and does not possess the qualities of the good that the seller has presented to the consumer as a sample or model;
• does not have the usual qualities and performance of goods of the same type, which the consumer can reasonably expect, taking into account also the statements made in advertising or labeling;
• is not suitable for the particular use intended by the consumer and which has been brought to the knowledge of the seller by the consumer at the time of the conclusion of the contract and which the seller has accepted.
13.4 incidental facts for non-food products. Therefore, any failure or malfunction caused by accidental facts
are excluded from the scope of the Legal Warranty. accidental facts or the responsibility of the
user or by use of the product not in accordance with its intended purpose and/or what is provided in the technical documentation attached to the product.
13.5 remedies available to the user for non-food products. In case of lack of conformity referred to in’art. 13.3, duly reported within the terms, the’user has the right: - on a primary basis, to the repair or replacement of the goods free of charge, at his or her option, unless the remedy requested is objectively impossible or excessively onerous compared to the other; - on a secondary basis (i.e., in the event that the repair or replacement is impossible or excessively onerous or the repair or replacement has not been carried out within a reasonable time or the repair or replacement previously carried out has caused significant inconvenience to the consumer) to the reduction of the price or termination of the contract, at his or her option. The remedy sought is excessively onerous if it imposes unreasonable expenses on the seller in comparison with the alternative remedies that can be pursued, taking into account (i) the value that the goods would have if there were no lack of conformity; (ii) the extent of the lack of conformity; and (iii) whether the alternative remedy can be pursued without considerable inconvenience to the consumer.
13.6. dispute of non-conformity for a non-food product. In the event that a Product, during the period of validity of the Legal Warranty, manifests what could be a lack of conformity, the user must contact Customer Service, using the contact details set out in’art. 14 below. Sapori di Lusso S.r.L. will promptly give feedback within 5 days from the communication of the alleged conformity defect and will indicate to the user the specific procedure to be followed, also taking into account the merchandise category to which the Product belongs and/or the reported defect. The customer, if authorized by the company, may return the product for the necessary checks.
13.7 repair or replacement In all cases, the repair or replacement of defective Products, if due, will be carried out as soon as possible and in any case, except in exceptional cases or force majeure, within 30 calendar days from the day Sapori di Lusso S.r.L. received the defective product.
13.8 Sapori di Lusso S.r.L. reserves the right to ask the user to attach the invoice or tax documentation related to the order to the request to take advantage of the Legal Guarantee of Conformity.
14. Customer Service
14.1 you can request information, send communications or submit complaints by contacting the customer service of Sapori di Lusso S.r.L. (“Customer Service”) by the following means:
- by e-mail to “customer service”, at saporidilusso@legalmail.it;
- by phone, at +39 02 8089 7920;
- privacy: data loss and credentials theft, at the’address Sapori di Lusso, Via Giacomo Watt 24, 20143 Milan;
14.2 Sapori di Lusso S.r.L. will respond to complaints by e-mail within a maximum period of five days from their receipt.
15. Applicable law, place of jurisdiction and final rules
. 15.1 The purchase contract concluded on the Site shall be governed by Italian law.
. 15.2 In any other case exclusively competent is the Court of Milan.
. 15.3 In the event that, for whatever reason, one or more of the provisions contained in this contract should prove to be affected by nullity or annulability, the rest of the contract shall remain perfectly valid, as far as possible, effective and binding and shall be interpreted as if such clause(s) had never been affixed, having to be considered in such case as possibly integrated with the provisions in force ex lege.
On the Site users can, therefore, purchase products sold by Sapori di Lusso S.r.L.
1. Scope and conclusion of contract
. 1.1 These Terms and Conditions of Sale govern the offer and sale through the Site of products and/or services offered by Sapori di Lusso S.r.L. (“Products”).
1.2 The’offer and sale on the Site of the Products constitute a distance contract governed by Chapter I, Title III (art. 45 lett. G et seq.) of Legislative Decree 06/09/2005, no. 206 (“Consumer Code”) and Legislative Decree 9 April 2003, no. 70, containing the regulation of electronic commerce.
1.3 These Terms of Sale apply to all sales of Products made by Sapori di Lusso S.r.L. through the Site (“Terms of Sale”) They may be modified at any time. Any changes will be in force from the moment they are published on the Site in the “Terms of Sale” section, found under the specific heading on each page of the Site. Users are therefore encouraged to regularly access the Site and consult the most up-to-date version of the Terms of Sale before making any purchase.
1.4 The applicable Terms of Sale are those in effect on the date of transmission of the’order to purchase a Product.
1.5 Before proceeding with the purchase of Products through the Site, the user is required to read carefully these Terms of Sale, which Sapori di Lusso S.r.L. makes available to him in the “Terms of Sale” section of the Site and which he is allowed to store and reproduce, as well as all other merchandise and contractual information that Sapori di Lusso S.r.L. provides to him on the Site, both before and during the purchase process.
2. Purchases on the Site and products
. 2.1 The purchase of Products on the Site may be made only after registering on the Site in the manner set forth in
article 3 below and is permitted both to users who hold the quality of consumers and to users who do not hold this quality. For individuals, purchase is permitted only to those of legal age.
. 2.2 Pursuant to ’art. 3, I paragraph, lett. a) of the Consumer Code, please note that it is “consumer or user: the natural person acting for purposes unrelated to the'entrepreneurial, commercial, craft or professional activity possibly carried out”.
2.3 In the case of orders/payments or other abnormal activity, from whomever they come from, that are incongruous in relation to the quantity of the products purchased or the frequency of purchases made or the method of payment or other reasons, Sapori di Lusso S.r.L. reserves the right to take all necessary actions to end the irregularities, including the suspension of access to the Site, the cancellation of registration to the Site or the non-acceptance or cancellation of irregular orders.
2.4 Lastly, Sapori di Lusso S.r.L. reserves the right to refuse or cancel orders or delete accounts that come from: (i) a user with whom it has an ongoing legal dispute; (ii) a user who has previously violated these BCOs and/or the GDPR 679/2016 privacy regulation and/or other terms of the purchase agreement with Sapori di Lusso S.r.L.; (iii) by a user who has been involved in fraud/fraud and, in particular, in fraud relating to payments by credit card or other payment instrument; (iv) by users registered in the risk centers for the issuance of insolvent or protested credit instruments; (iv) by users who have issued false, incomplete or otherwise inaccurate identification data or who have not sent Sapori di Lusso S.r.L. the documents requested by it in a timely manner as part of the procedure referred to in Article 9 below or who have sent it invalid documents. The deadline for the modification of data is set at 15 days from the request of the company Sapori di Lusso S.r.L.;
. 2.5 The products on the site are of two different types: (i) food products and consequently perishable, the customer must, therefore, pay the necessary attention to the product and its availability at the point of collection and keep the product in the correct mode as described on the product sheet on the site. Food product may be replaced/refunded only if spoiled and/or expired. (ii) Ancillary products, and non-food.
2.6 Products are not supplied on trial, the customer is responsible for choosing the products ordered and whether they meet his or her needs.
3. Information directed to the conclusion of the contracto
. 3.1 In accordance with Legislative Decree 9 April 2003, No. 70 laying down provisions on electronic commerce, Sapori di Lusso S.r.L. informs the user that:
• to conclude the contract for the purchase of one or more Products on the Site, the user must complete an order form in electronic format and transmit it to Sapori di Lusso S.r.L., electronically, following the instructions that will appear from time to time on the Site;
• the contract is concluded when the order form reaches the server of Deltacommerce S.r.L. and subsequently confirmed by our company;
• before proceeding to the transmission of the order form, the user can identify and correct any errors in data entry by following the instructions on the Site in the different stages of the purchase;
• once the order form has been registered Sapori di Lusso S.r.L. will send the user, to the e-mail address indicated, confirmation of the order containing: a summary of the conditions of: 1) details of the price; 2) the means of payment used; 3) the information on the right of withdrawal referred to in Articles 11 et seq. of this CdV; 4) delivery charges and any additional costs; 5) the contact details of the Customer Service, which the user can contact to request assistance and / or make complaints.
• Sapori di Lusso S.r.L.'s Terms and Conditions of Sale, as well as instructions how to withdraw are on this document and in any case always available on the website, with email addresses for the’exercise of the same;
• the order form will be stored in the database of Deltacommerce S.r.L. for the time necessary for the execution of the same and, in any case, within the terms of the law. The user will be able to access but not modify the order form and/or the data related to the same through his personal account.
4.2 The languages available to users for the conclusion of the contract are: Italian. Customer Service is able to communicate with users in Italian, English and French.
5. Availability of Products
. 5.1 The Products offered on the Site by Sapori di Lusso S.r.L. are the items in the electronic catalog published on the Site, and displayed by the user when placing the order.
5.2 Each Product is accompanied by an information page that illustrates its main characteristics (“Product Page”). There will be a special section within the site containing information about the availability of the Product.
. 5.3 The availability of Products is monitored and updated. However, since the Site may be visited by several users at the same time, it may happen that several users purchase, at the same instant, the same Product. In such cases, therefore, the Product may turn out, for a short time, to be available, being instead out of stock or of non-immediate availability, being for the same necessary to obtain restocking.
5.4 If the Product turns out to be no longer available for the reasons indicated above or in the other cases of supervening unavailability of the Product, Sapori di Lusso S.r.L. will immediately notify the user by e-mail not confirming the order. Alternatively, and without prejudice to this right of termination, the user may accept one of the following proposals of Sapori di Lusso S.r.L.: (i) if a reassortment of the Product is possible, an extension of the delivery terms, with an indication of the new delivery date of the reassorted Product; (ii) if a reassortment of the Product is not possible, the supply of a similar product, of equivalent or higher value, subject to payment, in the latter case, of the difference, and subject to the express acceptance of the user. The user’s choice must be communicated within one week to Sapori di Lusso S.r.L. by responding to the customer service e-mail.
6. Product Information
6.1 Each Product visible on the Site is accompanied by the product page. The images and descriptions on the Site reproduce as closely as possible the characteristics of the Products. However, the photographic representation of the Products may differ from the actual representation due to the settings of the computer systems or computers used by users to view them. Images of the Products on the Site, moreover, may differ in size. Such images should therefore be understood as indicative and within the tolerances of use. For the purposes of the purchase contract, the description of the Product contained in the order form transmitted by the user shall be deemed authentic.
7. Prices
. 7.1 All prices of the Products published on the Site are in euros and are inclusive of VAT. and shipping costs.
. 7.2 Sapori di Lusso S.r.L. reserves the right to change the price of the Products at any time. It is understood that the price of the Product that will be charged to the user will be the one indicated in the summary of the order, displayed by the user before placing the order, and that no account will be taken of any changes (increase or decrease) after the transmission of the order itself.
7.3 In the event that a Product is offered on the Site at a discounted price, the Site will indicate the full reference price against which the discount is calculated.
7.4 Any promotions on the Site are valid while the promoted products last. Promotions cannot be combined. Any free products with specific promotion, the same will be valid while stocks last, free goods cannot be exchanged or returned under any circumstances.
8. Purchase Orders
. 8.1 The purchase contract is resolutively conditioned upon non-payment of the’total amount due. In the event that such payment is not made, the contract shall therefore be deemed to be terminated as of right. Of such termination and the consequent cancellation of the order, the user will be immediately notified: (i) immediately after the transmission of the order, through the Site, in the event that it has chosen as a method of payment by credit card and receipt of confirmation from the Paypal service; (ii) in the case of payment by bank transfer, by e-mail after seven days from the order, for failure to receive the expected payment;
8.2 The ownership of the Products will be transferred to the user at the time of delivery, to be understood as the time of delivery of the Product to the customer. On the other hand, the risk of loss or damage of the Products, due to causes not attributable to Sapori di Lusso S.r.L., shall be transferred to the user when the user or a third party designated by the user and different from the carrier, materially takes possession of the Products. 8.3 In order to place an order for a Product through the Site, you must read and review these TOS carefully.
9. Payment Methods
. Payment for Products purchased from the Site may be made using the payment methods described in the following paragraphs. Some payment methods may not be usable due to the type of Product purchased and/or the delivery or shipping method.
9.1 Paypal service, via credit cards and other permitted payment formulas
. 9.1.1 The credit cards accepted are, in each case, indicated in the links in the Terms of Service. The’charge of the’Total Amount due by the user to Sapori di Lusso S.r.L. is made at the time of transmission of the’order.
9.1.2 Sapori di Lusso S.r.L. uses the secure payment service Paypal. Confidential credit card information (card number, cardholder expiration date, security code) will be uploaded to the payment provider's site. Sapori di Lusso S.r.L. therefore never has access to and does not store the data of the payment methods used by the’user.
9.2 Bank Transfer
9.2.1 Payment for Products purchased on the Site may be made by bank transfer. The bank details for making the transfer will be indicated on the page “Payments” accessible through the appropriate link and in the e-mail confirmation of the order.
9.2.2 Payment for the Products by bank transfer must be made no later than 7 calendar days from the date of the order. After this deadline has expired in vain, the contract may be deemed to be terminated by right, resulting in a refund of the total amount due that may have been paid late. The termination of the contract will be communicated to the’user via e-mail and the’amount paid refunded in the same manner as in’art. 5.4, to the extent applicable.
9.2.3 In the case of payment by bank transfer, the shipment of the products will be made only after the crediting on value date at the bank of Sapori di Lusso S.r.L. Consequently, the terms of delivery of the Products will run from that date.
9.2.4 To facilitate the connection between the payment received by bank transfer and the order placed, the customer is requested to indicate in the reason for the bank transfer the number of the order.
10. Methods, charges and terms of delivery
. 10.1 The obligation of delivery shall be deemed fulfilled by the transfer of the material availability or otherwise control of the products to the user.
10.2 At the time of the Shipment will be sent to the user a sms / email confirmation of delivery to the carrier in which will also be contained the tracking number through which the user can check the status of the shipment.
10.3 Delivery is chargeable and, unless otherwise provided, delivery charges are the responsibility of the customer.
10.4 In the summary of the’order and, therefore, before the user proceeds to the transmission of the same, the total price of the’order will be indicated, including the total delivery costs. This total, which will also be indicated to the user in the order confirmation e-mail, will constitute the total amount due from the user in relation to the Product. For each sale made on the Site, https://www.vittoriovaccaro.it. will issue the necessary tax documentation, sending it to the private individual via e-mail to the holder of the purchase order, or, in the case of purchase from a company via SDI. For the issuance of the invoice, the information provided by the user at the time of transmission of the order through the Site and that the user guarantees to be true. No changes in the invoice will be possible after the invoice has been issued. Any errors may be disputed within eight days of receipt of the products, Sapori di Lusso S.r.L., verified the error will issue a credit note to the customer. The user agrees to hold Sapori di Lusso S.r.L. harmless and indemnified from any damage to the same that may arise, including possible penalties, in the event that the data provided by the user through the Site for the issuance of the invoice are not true.
10.5 The Products purchased on the Site will be sent and delivered to the postal address indicated by the user in the order form.
10.5.1 Home Delivery of the Product shall be understood to be to the house number indicated by the customer.
10.5.2 The user acknowledges that the pick-up of the Product is his specific obligation. In the event of non-delivery due to the absence of the recipient, the courier will leave a notice to document the delivery attempt (so-called notice of passage). The notice will also contain the contact details at which the user can contact him/her to arrange redelivery or make a pickup of the package. After the unsuccessful delivery attempt, the package will go into storage with the courier company. The user is required to pick up the package within 24 calendar hours starting from the first day after the day on which the Notice of Passage was left. In the event that the’user does not pick up the Product within this period, the purchase contract may be deemed to be terminated by right, pursuant to and for the purposes of art. 1456 c.c. Sapori di Lusso S.r.L. will then proceed within 15 working days after the termination of the contract and will not proceed to any refund, if already paid by the user. The termination procedure will be automatic without notification to the customer.
10.5.3 The user is required to report the telephone number to call for delivery, any information to reach the place of delivery of the Product and/or to its location, by entering a note to the order, in the space made available to him at the end of the purchase process and before sending the order. In the event that you fail to provide such indications or provide incorrect indications, you will be responsible for any additional expenses that Sapori di Lusso S.r.L. must incur in order to complete the delivery of the Product.
10.5.4 During the purchase process, before the user transmits the order, the terms within which Sapori di Lusso S.r.L. undertakes to deliver the Products that are the subject of the user’s order will be indicated and which take into account, in addition to the area, the delivery method and the availability of the products ordered. The delivery terms run from the conclusion of the contract (i.e. confirmation of the order), unless otherwise stated.
10.5.5 In the event that the Product purchased is not delivered or is delivered late with respect to the delivery terms with a possible oscillation of 48 calendar hours, indicated during the purchase process and in the order confirmation, the user, pursuant to art. 61 of the Consumer Code may invite Sapori di Lusso S.r.L. to make the delivery within an additional term appropriate to the circumstances (“Additional Term ex art. 61, III paragraph, Consumer Code”). If such additional term expires without the Products having been delivered to him, the user is entitled to terminate the contract (“Termination of the Contract” ex art. 61, III paragraph, Consumer Code). In any case, Sapori di Lusso S.r.L. assumes no liability for inefficiencies attributable to force majeure of any nature or kind, in the event that it fails to execute the contract within the agreed time. Causes of force majeure include, but are not limited to, measures taken by the Public Authorities, strikes by its own employees or by carriers our company uses, as well as other circumstances that are beyond the control of the company itself.
10.5.6 The acceptance of the New Delivery Term and the user's choice shall be promptly communicated to Sapori di Lusso S.r.L. by e-mail to the customer service address set forth in Article 14 below.
10.5.7 It is up to the user to verify the condition of the Product delivered to him/her. It being understood that the risk of loss or damage to the Products, for causes not attributable to Sapori di Lusso S.r.L. is transferred to the user, when the user, or a third party designated by the same and other than the carrier, materially comes into possession of the Products, it is recommended to the user to check the products received and that the packaging is intact, not damaged, nor wet or otherwise altered, even in the sealing materials and the user is invited, in his interest, to indicate on the transport document of the carrier, any anomalies, accepting the package with reserve. The receipt without reservation of the Products, in fact, does not allow the’user to take legal action against the carrier, in case of loss or damage of the Products, except where the loss or damage is due to willful misconduct or gross negligence of the carrier itself and except for partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as known and no later than seven days after receipt. In the event that the package shows obvious signs of tampering or alteration, the user is also recommended to give prompt notice to Customer Service. This is without prejudice, in any case, the application of the rules on the right of withdrawal and the legal guarantee of conformity.
11. Right of withdrawal from the purchase of Products and consequent refund
. 11.1 Who can and how to activate the right of withdrawal (Art. 52) The right of withdrawal is regulated under the law, with reference to Legislative Decree 206/2005, if the customer-consumer has the right to withdraw from the purchase contract for any reason within 7 (seven) days. Definition of consumer as reported by the legislative decree referred to in’art. 18: “consumer”: any natural person who, in the commercial practices covered by this title, acts for purposes that are outside the scope of his commercial, industrial, craft or professional activity;)
11.2 Method of withdrawal (Art. 54) To exercise this right, the customer must send the request by: A) email to’address: info@vittoriovaccaro.it B) PEC: saporidilusso@legalmail.it
11.3 Conditions for withdrawal (art. 57) However, the right of withdrawal is subject to the following conditions under’article 67 of the Consumer Code). If the delivery of the good has taken place, the consumer is required to return it to the company in the manner and timeframe provided below.
11.3.1 The terms of withdrawal vary depending on the product purchased. In particular, for Whole products and non-perishable products therefore non-food the deadline for the return of the good can not, however, be less than seven working days from the date of receipt of the good. For the purposes of the expiration of the deadline, the goods shall be deemed to be returned when they are delivered to the transportation service with delivery mode within 48 hours of receipt. There is no return shipping for sliced products, but any spoiled products must be disposed of by the consumer. Please contact Customer Service for further guidance.
11.3.2 The Return of Goods varies depending on the type of product purchased. In particular, for Whole products and non-perishable and therefore non-food products, the deadline for the return of the good may not, however, be less than seven working days from the date of receipt of the good. The good must be returned to the following address: Sapori di Lusso, Via Giacomo Watt 24, 20143 Milan) Integrity of Goods: For contracts concerning the sale of goods, if there has been delivery of the goods, the substantial integrity of the goods to be returned is an essential condition for the’exercise of the right of withdrawal. However, it is necessary that the goods be returned in excellent condition, as it has been kept with the’use of necessary care and diligence for perishable goods and their storage or normal diligence for non-perishable goods. There is no return shipping for sliced products, but any spoiled products must be disposed of by the consumer. Please contact Customer Service for further guidance.
11.3.3 Consumer fees There are no fees payable by the consumer for exercising the right of withdrawal under this article, as they will be borne by the sender.
11.3.4 Refund of Payment: If the right of withdrawal is exercised by the consumer in accordance with the provisions of this section, the company shall be obligated to refund the sums paid by the consumer. The sums shall be deemed to be refunded on time if they are actually returned, shipped or credited back with a value date not later than the expiration of the time limit previously stated.
11.4 Exceptions to the right of withdrawal (Art. 59) Unless otherwise agreed between the parties, the consumer may not exercise the right of withdrawal provided for in the cases provided therein among which we highlight:
11.4.1 the supply of goods made to measure or clearly personalized or which, by their nature, cannot be resold and/or are liable to deteriorate and/or alter rapidly and/or partially consumed;
11.4.2 for food goods, produced within the normal storage period (not expired), produced in normal storage (not spoiled);
11.4.3 absence of original packaging, absence of parts of the product, damage not resulting from transport;
11.4.4 absence of tax documentation issued by the’
. 11.5 In the event that the user avails himself of the right of withdrawal under the Consumer Code and the payment of the total amount due, consisting of the price of the Product, delivery charges, if applied, and any other additional cost, as resulting from the order has already occurred, Sapori di Lusso S.r.L. will make a refund of the Total Amount Due without undue delay and, in any case, within the period of 14 working days from the day of termination of the contract. The’amount of the refund will be communicated to the user via e-mail. If specifically requested by the’user Sapori di Lusso S.r.L. will refund via the IBAN code communicated by e-mail and specifically made out to the’user.
11.6 Any delays in the’credit may depend on the bank, the type of credit card or the payment solution used. In the case of payment by credit card, this amount will be credited to the same means of payment used by the user for the purchase. The termination of the purchase contract under the preceding articles shall entail the termination of any related credit contract and any other ancillary contracts.
12. Food compliance
12.1 All products sold on the Site are covered by the guarantees also provided by the following regulations:
(a) consumer code art. 103 et seq;
b) self-control and HACCP system;
13. Legal guarantee for non-food products
. 13.1 legal warranty for non-food products. The seller shall be liable to the consumer for any lack of conformity that exists at the time of delivery of the product and that becomes apparent within 12 months after delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the warranty, within two months from the date on which it was discovered. Unless proven otherwise, defects of conformity that become apparent within six months after delivery of the products are presumed to have existed on that date, unless such assumption is inconsistent with the nature of the product or the nature of the defect of conformity. From the seventh month after delivery of the product, on the other hand, it will be the consumer's burden to prove that the lack of conformity already existed when the product was delivered.
13.2 take advantage of the Legal Warranty In order to take advantage of the Legal Warranty, the user must therefore first provide proof of the date of purchase and delivery of the good. You should, therefore, retain the order confirmation or purchase invoice as well as the DDT or any other document that can attest to the date the purchase was made and the date of delivery (e.g. credit card statement or bank statement) for the purpose of such proof.
13.3 what is a non-conformity defect for non-food products? There is a lack of conformity, when the purchased good:
• is not suitable for the’use for which goods of the same type are customarily used;
• does not conform to the description made by the seller and does not possess the qualities of the good that the seller has presented to the consumer as a sample or model;
• does not have the usual qualities and performance of goods of the same type, which the consumer can reasonably expect, taking into account also the statements made in advertising or labeling;
• is not suitable for the particular use intended by the consumer and which has been brought to the knowledge of the seller by the consumer at the time of the conclusion of the contract and which the seller has accepted.
13.4 incidental facts for non-food products. Therefore, any failure or malfunction caused by accidental facts
are excluded from the scope of the Legal Warranty. accidental facts or the responsibility of the
user or by use of the product not in accordance with its intended purpose and/or what is provided in the technical documentation attached to the product.
13.5 remedies available to the user for non-food products. In case of lack of conformity referred to in’art. 13.3, duly reported within the terms, the’user has the right: - on a primary basis, to the repair or replacement of the goods free of charge, at his or her option, unless the remedy requested is objectively impossible or excessively onerous compared to the other; - on a secondary basis (i.e., in the event that the repair or replacement is impossible or excessively onerous or the repair or replacement has not been carried out within a reasonable time or the repair or replacement previously carried out has caused significant inconvenience to the consumer) to the reduction of the price or termination of the contract, at his or her option. The remedy sought is excessively onerous if it imposes unreasonable expenses on the seller in comparison with the alternative remedies that can be pursued, taking into account (i) the value that the goods would have if there were no lack of conformity; (ii) the extent of the lack of conformity; and (iii) whether the alternative remedy can be pursued without considerable inconvenience to the consumer.
13.6. dispute of non-conformity for a non-food product. In the event that a Product, during the period of validity of the Legal Warranty, manifests what could be a lack of conformity, the user must contact Customer Service, using the contact details set out in’art. 14 below. Sapori di Lusso S.r.L. will promptly give feedback within 5 days from the communication of the alleged conformity defect and will indicate to the user the specific procedure to be followed, also taking into account the merchandise category to which the Product belongs and/or the reported defect. The customer, if authorized by the company, may return the product for the necessary checks.
13.7 repair or replacement In all cases, the repair or replacement of defective Products, if due, will be carried out as soon as possible and in any case, except in exceptional cases or force majeure, within 30 calendar days from the day Sapori di Lusso S.r.L. received the defective product.
13.8 Sapori di Lusso S.r.L. reserves the right to ask the user to attach the invoice or tax documentation related to the order to the request to take advantage of the Legal Guarantee of Conformity.
14. Customer Service
14.1 you can request information, send communications or submit complaints by contacting the customer service of Sapori di Lusso S.r.L. (“Customer Service”) by the following means:
- by e-mail to “customer service”, at saporidilusso@legalmail.it;
- by phone, at +39 02 8089 7920;
- privacy: data loss and credentials theft, at the’address Sapori di Lusso, Via Giacomo Watt 24, 20143 Milan;
14.2 Sapori di Lusso S.r.L. will respond to complaints by e-mail within a maximum period of five days from their receipt.
15. Applicable law, place of jurisdiction and final rules
. 15.1 The purchase contract concluded on the Site shall be governed by Italian law.
. 15.2 In any other case exclusively competent is the Court of Milan.
. 15.3 In the event that, for whatever reason, one or more of the provisions contained in this contract should prove to be affected by nullity or annulability, the rest of the contract shall remain perfectly valid, as far as possible, effective and binding and shall be interpreted as if such clause(s) had never been affixed, having to be considered in such case as possibly integrated with the provisions in force ex lege.
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