General Terms and Conditions

General Conditions of Use and Sale
Introduction
DETAILS sas of Laura De Palma & C. (VAT number 12046140013), with registered office in Turin - Strada Val Salice n. 72/2, in the person of its pro tempore legal representative, is a company that offers services to companies operating in the food sector through the marketplace platform operating on the website http://www.unamoledipanettoni.com.

The Company and the Suppliers are independent subjects, as there is no subordination bond between them, no form of employment, corporate, agency or similar relationship.

These provisions define the terms and conditions that will apply to all orders and purchases made by users through the Platform.
1. Definitions
"General conditions": these are the terms and conditions set out in these provisions that will apply to orders and purchases made through the marketplace platform operating on the site http://www.unamoledipanettoni.com
"Platform": is the marketplace platform operating on the site http://www.unamoledipanettoni.com.
"Company": Details sas of Laura De Palma & C.
"Supplier": is the company and / or the artisan entrepreneur operating in the sector of the production and / or distribution of foodstuffs who will supply the products marketed on the Platform to Dati sas.
"Customer": is the subject (natural or legal person) who makes the purchase on the Platform, accepting these General Conditions.

"Consumer": is the customer who is a natural person who buys goods on the Site for purposes unrelated to any business or professional activity carried out.

"User": any internet user who freely accesses the web address http://www.unamoledipanettoni.com either directly or from any other website, without making purchases through the Platform.

"Parties": are the Supplier and the Customer considered together.

"Contract": is the sales contract stipulated between the Supplier and the Customer through the Platform in accordance with these General Conditions.

"Product" or "Products": is the good or goods purchased through the Site.

"Order": is the Product purchase request entered by the Customer on the Platform.

"Price": is the agreed price for the sale of the Product, including VAT.

2. Contents of the Platform and characteristics of the products
2.1. The Company allows Users to make purchases directly from Suppliers through the Platform. The Company only carries out the role of manager of the Platform and, therefore, is and always remains unrelated to the sales contract concluded between the Supplier and the Customer via the Platform. The Company assumes no responsibility in relation to the sales contract and its execution and does not operate in any
2.2. The Company formally elaborates the information of an illustrative and descriptive nature provided by the Suppliers with regard to the products offered for sale on the Platform and provides this information to the Users interested in purchasing them. The Company will also publish all information relating to the Suppliers on the Platform.
2.3. The Company is not required to check the truthfulness and topicality of the information published on the Platform and, therefore, cannot guarantee its content, with the consequence that it is exempt from any liability in this regard should it prove to be false or in any case incorrect. or corresponding to the Product purchased through the Platform.

3. Purchases on the Site
3.1. The purchase through the Site is allowed to:
a) users who play the role of Consumer. In this case, the purchase will also be governed by the provisions of Legislative Decree n. 206 of 2005, the so-called Consumer Code;
b) users who do not hold the status of Consumer. In this case, the purchase will be governed exclusively by this Agreement, as well as by the provisions of the Civil Code and by the applicable special laws, for what is not provided herein.
3.2. The purchase of products through the Site takes place without registration.
3.3. The Customer declares to have full capacity to act to enter into the Contract with the Supplier. The Company may in no case be required to verify the ability to act of the Users of the Site.
4. Operation of the platform and conclusion of the contract
4.1. By accessing the Platform, the User can select one or more products displayed therein by sending a single Order to the Company, which will redirect the individual Orders to the relevant Suppliers. The placing of the Order on the Platform is valid, for all legal purposes, as a proposal to purchase the products ordered, as well as as acceptance of the General Conditions in force at that time and the price of the Product.
4.2. After the transmission and receipt of the Order, an e-mail message will be sent to the Customer in which the receipt of the Order is confirmed and the details summarized ("Order Confirmation").
4.3. The sales contract between the Customer and the Supplier ends with the receipt of the Order Confirmation.
4.4. In the event that, for reasons not attributable to the Company, the Supplier communicates the unavailability of the Product, the Order placed will be considered canceled with consequent re-credit of the Price; in the event of partial availability of the Product (eg a quantity lower than that ordered), the Company or the Supplier will re-credit the Customer with the Price relating to the Product / s not available / s.
4.5. The Company may not take charge and process the Order if there are insufficient guarantees of payment solvency, the Order is incomplete or incorrect, or if the Product is no longer available. In such cases, the Company will communicate to the Customer, by e-mail, the reasons that prevent the confirmation of the Order and therefore the completion of the contract.
4.6. Although the Company undertakes to do its utmost to supply the products advertised on the Site or purchased by the Customer, its commitment to sell and distribute the goods offered is subject to the stock of the product and its availability at the Suppliers, therefore it may accidentally happen that you are unable to supply these products because, for example, they are no longer in production or multiple orders have been placed online which have led to out of stock. In such cases, the Company will immediately contact the Customer to inform him and offer him alternative products of equivalent or superior value and quality upon payment, in the latter case, of the difference. If the Customer deems he does not like alternative products, the contract will be considered terminated pursuant to art. 61 paragraphs V and VI of the Consumer Code, with consequent return by the Company or the Supplier of all the sums already paid by the Customer.
5. Filing of the Agreement
5.1. The Company informs the Customer that each Order sent is stored in digital form in its database, according to confidentiality and security criteria, for the period of time necessary to process the orders and in any case within the terms of the law; the Customer may possibly request a copy from the Company using the contacts on the Site.

6. Price and payment methods
6.1. The prices of the Products are indicated in each product sheet and include the Value Added Tax (VAT) and are to be understood net of any delivery costs charged to the Customer (Article 8).
In any case, the price of the Product and any additional charges (taxes, transport costs and commissions relating to the chosen payment instrument) will be indicated at the time of the Order summary, as well as in the relative acceptance e-mail.
6.2. The payment of the purchased Products can be made by credit card, Paypal, Satispay or bank transfer. In the event of an online transaction, payment will take place during the Order sending procedure and the total amount due will be debited at the same time as the Order is accepted. In case of payment by bank transfer, the Customer must do so no later than three days after sending the Order.
6.3. If the Customer chooses PayPal as a means of payment, he will be redirected to the site http://www.paypal.it where he will pay for the Product according to the procedure provided and governed by Paypal and the terms and conditions of the contract agreed by user with Paypal. The data entered on the Paypal site will be processed directly by the same and will not be transmitted or shared with the Company
6.4. For the management of transactions, the Company uses the secure payment service STRIPE which provides for the use of the SSL security protocol (for any information, please refer to the website http://www.stripe.com). Confidential credit card data (card number, holder, expiration date, security code) are encrypted and thus transmitted to the Stripe manager. This information will be used by the Company solely to complete the purchase procedures and to issue the relative refunds in the event of any returns of the Products, following the exercise of the right of withdrawal, or if it is necessary to prevent or report to the police the fraud commission on the Site. Paypal and Stripe, as payment service managers, will independently process payments made by Customers through the appropriate tools made available on the Site such as credit cards or others. The data used for the payment will be acquired and processed directly by the payment service managers and will not be collected or processed by the Data Controller. To find out about the data processing methods adopted by the payment service managers, interested parties are invited to read the information at the following links: Paypal Inc. https://www.paypal.com/it/webapps/mpp/ua/privacy -full and Stripe Inc. https://stripe.com/it/privacy.
6.5. All payments, before being processed, are subjected to authenticity checks directly by the relative credit card issuers, to protect the Customer. If, for any reason, it is not possible to debit the amount due, the sale process will be automatically canceled and the sale will be terminated pursuant to art. 1456 cc The customer will be informed by e-mail to the address indicated by the same.
6.6. The Company may change the price of the Products at any time, at its sole discretion and without notice. It is understood that the Price charged to the Customer will be the one applied at the time the Order is sent and reported in the subsequent acceptance e-mail and that any changes (increasing or decreasing) subsequent to the transmission of the Order will not be taken into account. same.

7. Invoicing of orders
7.1. If the purchase is made by a professional, it will be possible to request the Company, at the same time as the purchase, to issue the invoice. It is understood that the invoice will be issued directly by the Supplier, as contractor of the sales contract. This request must be sent to unamoledipanettoni@gmail.com and indicate the billing data including tax code and / or VAT number. The requested invoice will be sent by e-mail to the address indicated by the Customer.
7.2. The professional is responsible for correctly entering billing information.

8. Delivery times and costs
8.1. The products purchased by the Customer will be delivered to the address indicated at the time of the Order within a reasonable time from the sending of the Order. Delivery times may vary according to the individual Supplier.
8.2. The Company is exempt from liability for unforeseeable delays in delivery and / or not directly attributable to it, as well as for any damage to the goods due directly or indirectly to the carriers.
8.3. In case of orders over 4 kg, shipping will be free; otherwise, together with the Price, the Company will charge the Customer a fixed cost of € 3.90 ("Delivery costs").
8.4. From the moment the carrier receives the goods, all risks and any related costs are the sole responsibility of the Customer. Consequently, the Company declines all responsibility for transport, the means adopted, the chosen itinerary and any higher costs that may be applied by the carrier. In application of the Consumer Code (Legislative Decree 206/2005), if the Customer is a Consumer and the total price of the Product purchased is equal to or greater than € 50.00, the risk of loss or damage to the Product due to not attributable to the Seller, it is transferred to the Customer when the latter materially comes into possession of this asset.

9. Complaints and right of withdrawal
9.1. Upon delivery of the Products, the Customer or the person appointed by the latter will be required to verify that the packaging is intact, not damaged or otherwise altered. Any damage to the packaging must be immediately contested, by placing a written control reserve on the carrier's delivery document and specifying the reason for the reserve (by way of example, "Punched packaging", "Tampered packaging").
9.2. For any anomalies found on the Products, other than those due to the physiological deterioration of food products or the mere imperfection of the packaging, or in the event that the products delivered do not comply with those object of the Order and / or are damaged, the Customer may send a written complaint to the Company, by sending a communication by e-mail to the address: unamoledipanettoni@gmail.com immediately and in any case within 24 hours following the delivery of the Products, specifying the reason for the complaint and the photos that certify any non-compliance. The Company will immediately report the complaint to the relevant Supplier and communicate to the injured party the identity and domicile of the Supplier as the manufacturer of the goods for the purpose of excluding the Company's liability pursuant to art. 116 d. lgs. 206/2005 (so-called Consumer Code).
In case of actual finding of the damages complained by the Customer, the latter will be entitled to the replacement of the Product / s or, alternatively, to the refund of the Price by the Supplier. It is understood that the costs of any return of the Product / s will be borne by the Customer.
9.3. Pursuant to art. 59 of Legislative Decree 206/2005, the right of withdrawal is excluded in the following cases:
- supply of goods which risk deteriorating or expiring rapidly;
- supply of sealed goods which cannot be returned for hygienic reasons or related to health protection and have been opened after delivery;
- supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods;
- supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, whose delivery can only take place after thirty days and whose actual value depends on fluctuations on the market that cannot be controlled by the professional;
- supply of goods made to measure or clearly personalized.

10. Limitation of Liability
10.1. Within the limits permitted by current law, the Company is exonerated from liability with regard to any damage, in any way suffered by third parties, deriving from the inaccuracy of the information provided by the Customer. Likewise, the Company declines all responsibility in relation to the information provided / acquired directly by the individual Suppliers.
10.2. The Company is exempt from any liability for failure or incorrect delivery of the products by the Supplier or in the case of delivery of damaged products after acceptance of the Order for any reason.
10.3. The Company will not be liable for any damages deriving from the inaccessibility to the Platform deriving from problems connected to the network, to the providers or to telephone and / or telematic connections over which it has no control, to the failure and / or faulty functioning of the electronic equipment of the Users.
10.4. The Company assumes no responsibility for content created or published on third party sites with which the Platform has a link ("link"). The User who decides to visit a website connected to the Platform does so at his own risk, assuming the burden of taking all necessary measures against viruses or other malware.

11. Communications
11.1. For any information or request relating to an Order, please write to the e-mail address unamoledipanettoni@gmail.com.
11.2. Disputes relating to the validity, effectiveness or existence of the Contract or Order must be communicated by registered letter with return receipt to the Company's registered office or by certified e-mail to the address detailseventisas@pec.it.

12. Applicable law and competent court
12.1. The Contract is governed and interpreted in accordance with Italian law, with the exclusion of the operation of the conflict rules.
12.2. For any dispute concerning the General Conditions, the Contract or the Order, the Court of Turin (Italy) will have exclusive jurisdiction. In case of application of the Legislative Decree 206/2005, the place of residence or domicile elected by the Consumer at the time of the Order will be competent if located in Italy.
12.3. The Company also informs the User who holds the status of Consumer that a European platform has been set up for the online resolution of consumer disputes (ODR Platform). The ODR Platform is available at: http://ec.europa.eu/consumers/odr/.

13. Modification and updating of the general conditions
13.1. The General Conditions on the Site can be modified by the Company at any time.
13.2. Any changes and / or new conditions will be effective from the moment of their publication in this section dedicated to the General Conditions, but will not apply to Orders already placed.

14. Cookie Policy
14.1. A cookie is a short string of text that is sent to the User's browser and possibly saved on his computer, in general every time the User / Customer visits a website. For all information relating to the use of cookies by the Seller, please refer to the appropriate cookie policy.

15. Privacy
15.1. The Company will process the Users' personal data in compliance with the current legislation on privacy as defined in detail in the information on the processing of personal data, Privacy Policy, available in the respective section of the Platform.
These General Conditions are effective from 16.11.2020.