1. Introduction and effectiveness of the General Conditions

These general conditions of sale (hereinafter, “General Conditions“) have as their object the regulation of the purchase of products and services, carried out remotely and made available, via the internet, from the website www.saporare.com (hereinafter , the “Site“) in compliance with the Italian legislation referred to in Legislative Decree 70/2003 and Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, the “Consumer Code“).

The seller of the products and owner of the Site is: Franceschi s.r.l. with registered office in via Petrolini 20 / A, 42122, Reggio Emilia. VAT number 02889960353 and registration in the Reggio Emilia Business Register REA: RE-322317 (hereinafter Franceschi).

The consumer who accesses the Site to make purchases (hereinafter “Customer“) is required, before sending the order, to carefully read these General Conditions that have been made available to him on the Site and which will be available at any time by the Customer.

In the event that the person making purchases on the Site is not a “consumer or user” as defined in art. 3, paragraph 1, lett. a), of the Consumer Code, the withdrawal regulations referred to in art. 7 and 8 of these General Conditions nor, more generally, the provisions that pursuant to the same Consumer Code apply only to “consumers”.

Contracts concluded with Franceschi srl through the Site are governed by these General Conditions in compliance with Italian law. The language available to conclude the contract is Italian.

2. Eligibility for Website Purchase

To be able to purchase Italian food and drink products and legally enter into a contract with us, you must be over 18 years old.

3. Choose and order the Products

The characteristics and the price of the various products for sale on the Site (hereinafter “Product” or “Products”) are shown on the page relating to each Product and vary according to the shipping address, whether Italian or other European countries.

To purchase the Products, the Customer must fill in and send the order form in electronic format, following the instructions contained on the Site. The Customer must add the Product to the “Cart”, must enter the shipping and billing information, select the desired payment method and confirm the order, after having read the General Conditions and the Privacy Policy and confirmed their acceptance.

By sending the order from the Site, which has the value of a contract proposal, the Customer acknowledges and declares to have read all the information provided to him during the purchase procedure and to fully accept these transcribed General and Payment Conditions.

The contract stipulated between Franceschi and the Customer must be considered concluded with the acceptance of the order by Franceschi. This acceptance is communicated to the Customer through an order confirmation email containing the order number, shipping and billing data, the list of Products ordered with their essential characteristics and the total price, including shipping costs. delivery. The Customer will check the confirmation email and if he identifies errors in the order he will have 12 hours from the receipt of this email to contact Customer Service directly from the Site using the appropriate contact form accessible via the “Contact us” tab, in the “Contacts” section. After this deadline, the order will be processed for shipment and changes will no longer be accepted, without prejudice to the rights of the Customer referred to in Article 7 below.
Upon receipt of the order Franceschi reserves the right to check the actual availability of the products ordered, if only a few Products are in stock, Franceschi will process the order with the Products available. In the event of one or more products missing, the information relating to the final charge or refund will be contained in the shipping confirmation email and will vary depending on the payment method used.

In the case of pre-ordering products, the payment of which will take place at the same time as the pre-order, Franceschi assumes the responsibility of reimbursing the full price of the product if this is not available on the expected shipment date.
Payment with PayPal provides the possibility to pay by credit / prepaid card without having to create an account. At the time of the order, authorization will be requested for the exact amount of the expense. During shipping, the cost of products that, if any, have not been shipped will be refunded.

4. Product Information

The information and characteristics relating to the Products are available on the Site.

The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description sheet. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be fully representative of its characteristics and quality but may differ in color and size. In the event of a difference between the image and the written product sheet, the description of the product sheet always prevail

5. Prices and shipping

Product prices are inclusive of all taxes and duties. All prices are expressed in Euros.

Italy

Europe

6. Methods of payment and invoicing

6.1 Payment methods

Once the order has been confirmed, the Customer will be redirected to the PayPal site where he can make the payment with his account or using a card, even prepaid, or in any case according to the methods accepted by Paypal and in compliance with the relevant conditions.

6.2 Invoicing of orders

If the purchase is made by a professional, it will be possible to request an invoice by selecting the appropriate box during the order procedure and entering the billing information including tax code and / or VAT number. In this case, the invoice will be sent by email to the address indicated. The professional is responsible for the correct insertion of billing data and is expressly informed that, in case of failure to request the invoice during the order, it will not be possible to request it later.

7. Transport and delivery

I Prodotti acquistati sul Sito verranno consegnati all’indirizzo indicato dal Cliente durante la procedura d’acquisto nell’apposito campo “Dati di Spedizione”.

The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure in the appropriate “Shipping Data” field.

All purchases will be delivered by express courier (hereinafter, “Courier”) from Monday to Friday, excluding holidays and national holidays. Franceschi is not responsible for unforeseeable delays or those not attributable to it.

In any case, except in cases of force majeure or unforeseeable circumstances, the ordered Products will be delivered within a period of 7 (seven) working days starting from the day following that in which Franceschi confirmed the order to the Customer by means of a specific email. order confirmation.

Delivery services active in Italy:

Shipments to Italy can be made with different couriers in order to ensure the customer the best available rate.

Delivery services active abroad:

Express courier

Shipments abroad can be made with different couriers depending on the country of destination in order to ensure the customer the best available rate.

Countries where the service is active: Austria, France, Germany, Netherlands / Holland, Slovenia, Spain, Belgium, Bulgaria, Luxembourg, Czech Republic, Hungary, Romania, Slovakia, United Kingdom, Denmark, Estonia, Finland, Greece, Latvia , Lithuania, Poland, Sweden, Portugal.

8. Right of withdrawal

The Customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, except in the cases of exclusion provided for in point IV below. To exercise this right, the Customer must send Franceschi a communication within 14 days from the date of receipt of the Products or, if he intends to exercise the withdrawal before having received the Products, the withdrawal notice may be sent at any time prior to their receipt. .

This communication must be sent by e-mail with delivery confirmation or by certified email:

email: info@saporare.com

pec: franceschi.srl@pec.it

Once the communication has been received, Franceschi’s Customer Service will open a file for the management of the return and communicate to the Customer the instructions on how to return the Products, which will take place by courier indicated by Franceschi itself.

The right of withdrawal is governed by the following conditions:

I. The law applies to the Product purchased in its entirety; therefore if the Product is composed of several components or parts it is not possible to exercise the withdrawal only on part of the purchased Product.

II. In case of exercise of the right of withdrawal, Franceschi will refund the customer the full amount of the returned goods, including shipping costs where applicable, within 14 days from the date on which the notice of withdrawal was received, without prejudice to Franceschi’s right to suspend payment of the refund until the actual receipt of the goods. The refund will be made using the same payment method used by the Customer, unless the latter has expressly requested a different method.

III. Also in order to guarantee the free return pursuant to article 8 below, the Products must be returned in the same box in which they were received.

IV. In addition to the cases indicated in the Introduction (customer who is not a consumer and / or who requests an invoice), the right of withdrawal is excluded in the following cases, pursuant to art. 59 of Legislative Decree 21/2014:

• order of products made to measure or clearly personalized;
• order of Products that risk deteriorating or expiring rapidly;
• order of sealed Products that cannot be returned for hygienic reasons or related to health protection or that have been opened after delivery.

With reference to the cases of exclusion of the withdrawal listed above, the Customer, in particular, is informed and accepts that the Products that “risk deteriorating or expire rapidly” include all food products (including wines, spirits and beverages). Therefore, for reasons of hygiene and customer protection, the right of withdrawal is applicable only for Products purchased on the Site that can be returned to Franceschi and put back on the market without endangering the health of consumers.

In cases of exclusion of the right of withdrawal, Franceschi will return the purchased Products to the Customer, charging the shipping costs to the Customer.

9. Free Return in case of exercising the right of withdrawal

As a most favorable condition for the Customer, Franceschi fully bears the shipping costs for the return of the Products in case of exercise of the right of withdrawal.

In order to benefit from this free shipping, the Customer who intends to exercise the right of withdrawal must follow the procedure indicated in the previous article 7 and wait to be contacted by Franceschi to agree on the return of the Products to the courier.

10. Cancellation or change of order shipping address

The Customer can contact Franceschi to ask to cancel or change the shipping address of the order within 12 hours from the conclusion of the order, if the order has not been processed within this period Franceschi will make this change, otherwise it will reserves the right to deny it.

The Customer must contact Customer Service directly from the Site using the appropriate contact form accessible through the site footer under “Contacts”.

Franceschi reserves the right to cancel the order in the event of unpredictable situations of difficulty, by informing the Customer by email, or, by agreement with the same, to change the day and / or time of delivery.

11. Warranty and lack of conformity

In case of lack of conformity of Products sold by Franceschi, the Customer must immediately contact Customer Service using the appropriate contact form accessible on the Site via the “Contact Us” tab, in the “Contacts” section.

The legal guarantees provided for in articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. The Customer has the right, at his choice and on condition that the type of Product allows it, to restore, without charge, the conformity of the Product by repair or replacement, or to an adequate price reduction or termination of the contract.

In case of broken wine or wine that tastes like cork, the Customer is asked to keep the bottle with at least 2/3 of the contents and with its original cork and to report the alleged non-compliance to the Customer Service. Franceschi will intervene as soon as possible by arranging a free collection in order to carry out a thorough check and propose the most suitable solution. (same as the thought on the d of withdrawal)

The Customer loses these rights if he does not report the lack of conformity to Franceschi within one month from the date on which he discovered the defect, provided that it is not a Product which by its nature is perishable or subject to expiration within a period. shorter, in which case the defect must be reported within this shortened term.

12. Errors and Limitations of Liability

The information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which Franceschi cannot therefore be held responsible, except in the case of willful misconduct or gross negligence.

Franceschi reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update information at any time without prior notice, without prejudice to the Customer’s rights under these General Conditions and of the Consumer Code.

Except for willful misconduct or gross negligence, any right of the Customer to compensation for damages or the recognition of compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and / or things, caused by the non-acceptance or evasion, even partial. , of an order.

Franceschi promotes the responsible consumption of alcohol and excludes any liability at its own expense, except for willful misconduct or gross negligence, in the event of a purchase made by children under 16. By purchasing any alcoholic product you declare that you are of age as per art. 7 of Legislative Decree 158/2012. Franceschi assumes no responsibility in the event of a purchase made by children under 18 who have declared that they are of a different age.

13. Complaints

Any complaints must be forwarded to Franceschi using the appropriate contact form accessible directly on the Site via the “Contact Us” tab or by e-mail with delivery confirmation or by certified email:

e-mail: info@saporare.com

pec: franceschi.srl@pec.it

14. Applicable law and competent court

The sales contract between the customer and Franceschi is concluded in Italy and governed by Italian law. For the solution of disputes relating to the interpretation, execution or resolution of these General Conditions or of individual purchase orders if the Customer is a consumer pursuant to the Consumer Code, the court of his / her municipality of residence or of domicile if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Reggio Emilia, any other competent court excluded.

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Pursuant to Article 1341 of the Italian Civil Code the Customer declares to have read and specifically accepted the following articles of these General Conditions: 6 (responsibility for delays in delivery), 10 (right to correct errors – disclaimers).