The assets covered by these general conditions are listed for sale by Ilaria Mastrorosa and C. Colori & Sapori sas based in Chiavari (GE), Via Entella 32, registered with the Genoa Chamber of Commerce REA GE-485261, CF/VAT number IT0242686091 listed below as “Supplier”, e-mail address firstname.lastname@example.org
1.1. The term “online sales contract” or “online sales conditions” refers to the purchase agreement relating to the Supplier’s material mobile goods, which was entered into between them and the Buyer under a remote selling system through telematics tools, organized by the Supplier. These conditions may be changed and the date they are published on the site is equivalent to the date of entry into force.
These conditions govern purchases made on the saporitafood.it site, in accordance with the provisions of Part III, Title III, Head I, of the Consumer Code, D.lgs. 206/2005, modified by D.lgs. 21/2014 and d.lgs. 70/2003 on e-commerce.
1.2. The term “Buyer” refers to the consumer who makes the purchase, referred to in this contract, for purposes not related to the commercial or professional activity that may have been carried out.
1.3. The term “Vendor” refers to the subject indicated in the epigraph or the provider of sales services.
2. Subject of the contract and Pre-contractual information for the consumer – art. 49 of D.lgs 206/2005 and ss.mm.ii.
2.1. Under this contract, respectively, the Supplier sells and the Buyer buys the material movable goods indicated and offered for sale on the www.saporitafood.it website via telematics tools.
2.2. The products mentioned in the previous paragraph are shown on the product-specific web pages on the website saporitafood.it
2.3 The customer undertakes to review, before confirming his order, these general terms of sale, in particular the pre-contractual information provided by the Supplier and to accept it by setting a flag in the box indicated.
In the e-mail confirming the order, the Buyer will also receive the link to download and archive a copy of these general sales terms, as provided by art. 51 paragraph 1 of D.Lgs 206/2005, amended by D.lgs 21/2014.
2.4 The Buyer, prior to the conclusion of the purchase agreement, takes a look at the characteristics of the goods that are illustrated in the individual product sheets at the time of choice.
Before the conclusion of the purchase agreement and before the order is validated with a “payment obligation”, the Buyer is informed about: 1) total price of goods including taxes, with the detail of shipping costs and any other possible ancillary costs; 2) payment methods; 3) the deadline by which the Supplier agrees to deliver the goods; 4) conditions, terms and procedures for exercising the right of withdrawal as well as form type of withdrawal referred to in Annex I, Part B of D.lgs 21/2014; 5) information that the CLIENT will have to bear the cost of returning the goods in the event of withdrawal; 6) the existence of the legal guarantee of compliance for purchased goods; 7) any post-sale service conditions and commercial guarantees provided.
The Buyer can at any time and anyway before the conclusion of the contract, become aware of the information related to the Supplier, the geographic address, phone number, e-mail address, information that are reported, also below: Colori & Sapori sas, Via Entella 32 – 16043 Chiavari, tel +39 0185 044573 email email@example.com .
2.5 If the person making purchases on the Site requests the issuance of an invoice and/or in any case is not a “consumer or user” as defined in art. 3, paragraph 1. (a), of the Consumer Code, the rules of withdrawal referred to in art will not apply. 13 of these General Conditions and, more generally, the forecasts which apply only to ‘consumers’ under the Same Code of Consumption apply only to ‘consumers’.
3. How to enter into the contract
The contract between the Buyer and the Buyer ends exclusively through the internet through the access of the Buyer to the address saporitafood.it, where, following the procedures indicated, the Buyer will come to formalize the proposal for purchase of the goods mentioned in step 1 of the previous article.
4. Conclusion and effectiveness of the contract
4.1. The purchase agreement is concluded by filling out the exact form of the application form and the consent to the purchase manifested through the accession sent online or with the compilation of the form attached to the electronic catalog online at https://saporitafood.it/cart/ and the subsequent submission of the form/form itself, always after the display of a web page summary of the order, printable, which shows the details of the order and the order, the price of the order purchase, shipping costs and any additional additional charges, the manner and terms of payment, the address where the asset will be delivered, the timing of the delivery and the existence of the right of withdrawal.
4.2. When the Supplier receives from the Buyer the order, he sends a confirmation email or displays a web page confirming and summarising the order, which can be printed, which also shows the data recalled in the previous point.
4.3 The Buyer is committed to verifying the correctness of the personal data contained in it and to notify the Supplier of any corrections in a timely manner. The Supplier is committed to describing and presenting the items sold on the site in the best possible way. However, there may be some errors, inaccuracies or small differences between the site and the actual product. In addition, photographs of the products presented on saporitafood.it are not contractual, as they are only representative.
4.4. The contract is not considered to be perfected and effective between the parties at a loss of what was stated in the previous paragraph.
4.5. The contracts concluded with the Supplier through the Site are regulated by these General Conditions in accordance with Italian law. The language available to conclude the contract is Italian.
5. Payment and refund methods
5.1. Any payment by the Buyer can only be made by one of the methods indicated on the appropriate web page by the Supplier and in particular:
Credit Card Circuits, Visa/Visa Electron, Mastercard, American Express, Diners Club International.
To ensure maximum security, you will make the payment transaction directly on the bank’s secure server. The Website does not store the customer’s credit card number, but thanks to the protected communication system of the reference credit institution, from the second expense, the customer who wishes to do so – by selecting the appropriate option – will be able to proceed with purchase without re-entering your details. The Reference Credit Institute uses SSL to encrypt data transmitted between your server and your customer’s browser.
Once the order has been confirmed, the customer will be redirected to the PayPal website where he can make the payment with his account or using a card, even prepaid, or in any case according to the manner accepted by Paypal and in accordance with the relevant conditions.
The customer must make the transfer within 3 days of the order date. If this does not occur, the order will be cancelled and the goods made available again for purchase by other customers. The customer who has not made the transfer may be contacted by the Customer Service in order to clarify whether the cause of the non-credit is attributable to the willingness of the Customer not to confirm the purchase or other causes.
Owner: Colori & Sapori sas
Bank: BPM – Chiavari Branch (GE)
Reason: The customer must indicate in the reason of the transfer the date and order number, which can be found in the confirmation email (e.g. “Order 15/12/17 No. 100012345”).
Pay cash on delivery
This payment method is only available for shipments made in Italy and only for orders of no more than 450.00 euros. The payment will take place when the Products are received and can only be made in cash. For shipments marked, the customer is required to pay a shipping contribution of 4.50 euros.
5.2. If the purchase is made by a professional, it will be possible to request the issuance of the invoice by selecting the appropriate box during the ordering process and entering the billing information including tax code and/or VAT number. In this case, the invoice will be emailed to the address indicated. The trader is responsible for the correct entry of the billing data and is expressly informed that, in case of non-request of the invoice during the order, it will not be possible to request it later.
5.3. Any refund to the Buyer will be credited through one of the methods proposed by the Supplier and chosen by the Buyer, in a timely manner and, in the event of the exercise of the right of withdrawal, as regulated by clause 13, point 2 and following of the contract, within 30 days of the date the Supplier became aware of the withdrawal.
6. Delivery times and modes
6.1. The Supplier will deliver the selected and ordered products, with the methods chosen by the Buyer and their costs or indicated on the website at the time of the offer of the asset, as confirmed in the email in step 4.2.
6.2. The timing of the shipment can vary from the same day of the order to a maximum of 7 business days from the confirmation of the same. If the Supplier is unable to ship within that period, it will be given timely notice by e-mail to the Buyer.
6.3. All purchases will be delivered by express courier (below, “Corriere”) from Monday to Friday, excluding holidays and national holidays. Supplier is not liable for delays that are not foreseeable or not attributable to it.
6.4 Once the Products are shipped, the Buyer will receive a confirmation email that will include a link to refer to for tracking the shipment.
6.5 Shipping to Italy by courier: The courier makes 2 attempts at delivery. If the recipient is absent or unrecoverable on the second attempt, the goods will return to the recipient’s warehouses for storage. The Buyer will be charged the cost of the stock based on the fees charged by the courier.
7.1. All the selling prices of the products displayed and indicated on the website www.saporitafood.it, are expressed in euros and constitute an offer to the public under art. 1336 c.c.
7.2. The sales prices, mentioned in the previous point, include VAT and any other tax. Shipping costs and any ancillary charges (e.g. customs clearance), if present, although not included in the purchase price, must be indicated and calculated in the purchase procedure before the Buyer submits the order and also summary web page of the order you made.
7.3. Prices for each of the goods offered to the public are valid up to the date indicated in the catalogue.
7.4 The Buyer accepts the Supplier’s right to change its prices at any time, however the goods will be invoiced based on the prices indicated on the site at the time of the creation of the order and indicated in the confirmation email sent by the Supplier Buyer.
7.5 In the event of a computer, manual, technical, or other error that may result in a substantial change, not foreseen by the Supplier, of the sale price to the public, which makes it exorbitant or clearly derisory, the purchase order will be and cancelled and the amount paid by the Buyer will be refunded within 14 days. from the day of cancellation.
8. Product availability
8.1. The Supplier ensures through the telematics system used the processing and fulfillment of orders without delay. To do this, it indicates in real time, in its electronic catalog, the number of products available and those not available, as well as the shipping times.
8.2. If an order exceeds the existing quantity in the warehouse, the Supplier, by e-mail, will let the Buyer know if the asset is no longer bookable or what the waiting times are to obtain the chosen asset, asking if he intends to confirm order or not.
8.3. The Buyer may confirm or cancel the order made within 12 hours of sending the E-mail of the Supplier referred to in step 8.3, during which the order itself is intended for the products available without any liability some for the Supplier.
8.4. The Supplier’s computer system confirms as soon as possible that the order has been registered by forwarding an e-mail confirmation to the user, pursuant to step 4.2.
9. Limitations of Responsibility
9.1. The Supplier does not assume any liability for disservices attributable to force majeure, in case it fails to enforce the order on time under the contract.
9.2. The Supplier may not hold itself liable to the Buyer, unless he is in the case of misconduct or gross negligence, for malfunctions or malfunctions related to the use of the internet outside his own or his sub-suppliers.
9.3. The Supplier will also not be liable for damages, losses and costs incurred by the Buyer as a result of the non-execution of the contract for causes not attributable to him, having the Buyer entitled only to the full return of the price any additional charges incurred.
9.4. The Supplier does not take any responsibility for any fraudulent and unlawful use that may be made by third parties, credit cards, checks and other means of payment, when the purchase of the purchased products are paid, if they prove that they have taken all possible precautions based on the best science and experience of the moment and on the basis of ordinary diligence.
9.5. Under no circumstances can the Buyer be held liable for delays or misleads in the payment if you prove that you have made the payment itself in the time and manner indicated by the Supplier.
10. Defect liability, damage proof and damages: Supplier’s obligations
10.1. Under Articles. 114 and ss. of the Code of Consumption, the Supplier is responsible for the damage caused by defects of the property sold if it omits to communicate to the injured, within three months of the request, the identity and domicile of the manufacturer or the person who has provided the good.
10.2. The above request, by the damaged person, must be made in writing and must indicate the product that caused the damage, the place and the date of the purchase; it must also contain the offer in view of the product, if it still exists.
10.3. The Supplier may not be held liable for the consequences of a defect icon product if the defect is due to product compliance, an imperative legal rule or a binding measure, i.e. if the state of knowledge at the time the manufacturer put the product into circulation, it was not yet possible to consider the product as defective.
10.4. No compensation will be payable if the damage was aware of the defect of the product and the danger that caused it and nevertheless voluntarily exposed itself to it.
10.5. In any case the damaged will have to prove the defect, the damage, and the causal connection between defect and damage.
10.6. The damaged person may seek compensation for damages caused by death or personal injury or the destruction or deterioration of something other than the defective product, provided that it is normally intended for private use or consumption and thus mainly used by the damaged.
10.7. The damage to things referred to in art. 123 of the Consumer Code will only be compensated to the extent that it exceeds the sum of three hundred and eighty-seven euros (euro 387).
11. Guarantees and how to support
11.1. For the purposes of this contract, it is assumed that consumer goods comply with the contract if, where relevant, the following circumstances coexist: (a) are suitable for the use of goods of the same type; b) comply with the description made by the seller and possess the qualities of the asset that the seller presented to the consumer as a sample or model; (c) present the usual quality and performance of an asset of the same type, which the consumer can reasonably expect, given the nature of the asset and, where appropriate, public statements on the specific characteristics of the goods made to the regarding the seller, the manufacturer or its agent or representative, particularly in advertising or labelling; (d) are also suitable for the particular use desired by the consumer and that he was made aware of the seller at the time of the conclusion of the contract and that the seller also accepted for conclusive facts.
11.2. Except as provided for in the next paragraph 12.3, the Buyer waives all rights if you do not report the compliance defect to the seller within 14 days of the date the defect was discovered. The complaint is not necessary if the seller has acknowledged the existence of the defect or concealed it.
11.3. In any case, unless proven otherwise, it is assumed that compliance defects that occur within six months of the delivery of the asset already existed at that date, unless that assumption is incompatible with the nature of the asset or the nature of the compliance defect.
11.4. In the event of a non-compliance, the Buyer may request, alternately and without charge, the following conditions, the replacement of the purchased asset, a reduction in the purchase price or the termination of this contract, unless the request is not objectively impossible to meet or is excessively burdensome for the Supplier under art. 130, paragraph 4, of the Consumer Code.
11.5. The request must be sent in writing, by recommended with a return receipt or by certified e-mail, to the Supplier, who will indicate his willingness to comply with the request, i.e. the reasons that prevent him from to do so, within seven working days of receipt. In the same communication, if the Supplier has accepted the Buyer’s request, you must indicate how the property will be shipped or returned, as well as the deadline for the return or replacement of the defective property.
11.6. If the replacement is impossible or excessively burdensome, or the Supplier has not replaced the asset within the previous point or, finally, the previous replacement has caused considerable inconvenience The Buyer may ask, of his choice, for a fair reduction in the price or the termination of the contract. In this case, the Buyer must send his request to the Supplier, who will indicate his willingness to give the same, that is, the reasons that prevent him from doing so, within seven working days of receipt.
11.7. In the same communication, if the Supplier has accepted the Buyer’s request, it must indicate the reduction of the proposed price or the way in which the defective property is returned. In such cases, it will be the buyer’s duty to indicate how to re-credit the sums previously paid to the Supplier.
12. Buyer’s Obligations
12.1. The Buyer agrees to pay the price of the purchased property in the time and manner indicated by the contract.
12.2. Once the online purchase process is completed, the Buyer undertakes to print and maintain this contract.
12.3 The Buyer is obliged, upon receipt of the goods, to check the integrity of the goods and to report in a timely manner any damage and/or rupture of the packaging on the transport documentation to be returned to the shipper. In the absence of such a report, the Supplier will not be able to replace and/or refund the damaged goods mentioned in paragraph 11 above.
12.4. The information contained in this contract has, however, already been viewed and accepted by the Buyer, who acknowledges this, as this step is made mandatory before the purchase confirmation.
13. Right of withdrawal
13.1. In any case, the Buyer has the right to withdraw from the contract stipulated, without any penalty and without specifying the reason, within the period of 14 (fourteen) working days, starting from the day of receipt of the purchased goods.
13.2. If the Supplier has not met the obligations of information on the existence, manner and timing of the return or withdrawal of the asset in the event of the exercise of the right of withdrawal referred to in art. 52 and ss. of the Consumer Code, the deadline for the exercise of the right of withdrawal is 90 (ninety) days and begins from the day of receipt of goods by the consumer.
13.3. If the Buyer decides to take advantage of the right of withdrawal, he must give notice to the seller by means of recommended with a return receipt at The Address Colors & Flavors sas, Via Entella 32 – 16043 Chiavari, or alternatively transmit the form of withdrawal type, referred to in Exhibit I, Part B , D.Lgs 21/2014 (not mandatory) the text of which is following:
Type withdrawal form under art. 49, paragraph 1, lett. (h)
(fill out and return this form only if you want to withdraw from the agreement)
Colori & Sapori Sas – Via Entella 32 – 16043 Chiavari
With this i/we we notify (*) the withdrawal from my/our (*) contract for the sale of the following goods/services (*)
– Sorted the (*)/received the (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Consumer(s) signature (only if this form is submitted in paperback)
(*) Delete the unused wording.
by e-mail to the email firstname.lastname@example.org, provided that these communications are confirmed by sending a recommended return receipt to Via Entella 32 – 16043 Chiavari within 48 (forty-eight) hours later or by certified e-mail to the email@example.com e-mail address. For the purposes of the exercise of the right of withdrawal, the submission of the notice can be validly replaced by the return of the purchased property, provided in the same terms. The date of delivery to the post office or the shipper will be true between the parties.
13.4. However, the return of the asset must take place at the latest within 30 (thirty) days of the date of receipt of the asset itself. In any case, in order to be entitled to a full refund of the price paid, the property will have to be returned intact and, in any case, in a normal state of preservation.
13.5. The Purchaser may not exercise that right of withdrawal for contracts to purchase sealed products, which have been opened by the purchase of sealed products, as well as custom-made or clearly customized goods or which, by their nature, cannot be returned or returned deteriorate or quickly alter.
13.6. The only costs owed by the consumer for the exercise of the right of withdrawal under this article are the direct costs of returning the property to the Supplier, unless the Supplier agrees to accept to accept them.
13.7. The Supplier will provide free refund of the full amount paid by the Buyer within the period of 30 (thirty) days after receiving the notice of withdrawal, however, as provided by art. 56 paragraph 3 of D.Lgs 206/2005, amended by D.lgs 21/2014, the Supplier may suspend the refund until the goods are received or until the Buyer has demonstrated that he has returned the goods to the Supplier.
13.8. In the case of payment made by transfer, and if the Buyer intends to exercise his right of withdrawal, he must provide the Supplier with access to the contact section, the bank details: IBAN, SWIFT and BIC necessary to make the refund , by the latter.
13.9. By receiving the notice by which the Buyer communicates the exercise of the right of withdrawal, the parts of this contract are dissolved from each other’s obligations, except as provided for in the previous points of this article.
14. Causes of resolution
14.1. The obligations referred to in paragraph 12, taken by the Buyer, as well as the guarantee of the successful purpose of the payment that the Buyer makes with the means referred to in art. 5.1, and also the exact fulfilment of the obligations undertaken by the Supplier in paragraph 6, are essential, so that by express pact, the non-compliance of only one of those obligations, if not determined by chance or force majeure, will result in the default of only one of those obligations, if not determined by chance or force majeure, will result in the default of only one of those obligations, if not determined by chance or force majeure. termination of the ex art.1456 c.c. contract, without the need for a court ruling.
15. Protecting the confidentiality and processing of The Buyer’s data
15.1. The Supplier protects the privacy of its customers and ensures that the processing of the data complies with the privacy regulations referred to in d.lgs. June 30, 2003, No. 196. 15.2. Personal personal and tax data acquired directly and/or through a third party by the Supplier, who is the holder of the treatment, is collected and processed in paper, computer, telematics, in relation to the methods of treatment, with the aim of registering the order and activating against it the procedures for the execution of this contract and the related necessary communications, in addition to the fulfilment of any legal obligations, as well as to allow effective management of the order and the procedure for the execution of this contract and the related necessary communications, in addition to the fulfilment of any legal obligations, as well as to allow effective management of the order and activate against it the procedures for the execution of this contract and the related necessary communications, in addition to the fulfilment of any legal obligations, as well as to allow effective management of the order and activate against it the procedures for the execution of this contract and the related necessary communications, in addition to the fulfilment of any legal obligations, as well as to allow effective management of the order and the procedure for the execution of this contract.
business relations to the extent necessary to perform the required service at its best (Article 24, paragraph 1, letter b), d.lgs. 196/2003).
15.3. The Supplier is obliged to treat confidentially the data and information transmitted by the Buyer and not to disclose it to unauthorized persons, nor to use it for purposes other than those for which it was collected or to transmit it to third parties. This data can only be displayed at the request of the judicial authority or other authorised legal authorities.
15.4. The personal data will be communicated, after signing a commitment of confidentiality of the data itself, only to persons delegated to carry out the activities necessary for the execution of the contract stipulated and communicated only within that Purposes.
15.5. The Buyer has the rights to art. 7 of the d.lgs. 196/2003 , i.e. the right to obtain: (a) updating, rectifying or, when you are interested in, integrating data; b) the deletion, anonymous transformation or blocking of data processed in violation of the law, including those which do not need to be retained in relation to the purposes for which the data was collected or subsequently processed; c) the claim that the operations referred to in the letters (a) and (b) have been made aware, including with regard to their content, of those to whom the data have been disclosed or disseminated, except where such fulfilment proves impossible or involves the use of manifestly disproportionate means. protected law. In addition, the person concerned has the right to oppose, in whole or in part, for legitimate reasons the processing of personal data concerning him, although they are relevant to the purpose of the collection; personal data relating to it for the purpose of sending advertising material or direct sales or carrying out market or commercial research.
15.6. The disclosure of your personal data by the Buyer is a necessary condition for the correct and timely execution of this contract. At fault, the buyer’s application cannot be used.
15.7. In any case, the acquired data will be retained for a period of time no longer than necessary for the purposes for which it was collected or subsequently processed. Their removal will still take place safely.
15.8. The owner of the collection and processing of personal data, is the Supplier, to which the buyer can direct, at the company headquarters, every request.
15.9. Anything that arrives at the Vendor’s (also electronic) e-mail address (requests, suggestions, ideas, information, materials, etc.) will not be considered information or confidential data, must not violate the rights of others and must not violate other people’s rights and must not violate other people’s rights and must not violate other people’s rights and must not violate other people’s rights. contain valid information, not inthe case of the rights of others and truthful, in any case, any responsibility can be attributed to the Supplier on the content of the messages themselves.
16. How the contract is archived
16.1. Under art. 12 of the d.lgs. 70/2003, the Supplier informs the Buyer that each order sent is stored digitally on the server at the Supplier’s headquarters, according to confidentiality and security criteria.
17. Communications and Complaints
17.1. Written communications directed to the Supplier and any complaints will be considered valid only if sent to the following address: Colori & Sapori sas – Via Entella 32 – 16043 Chiavari, or transmitted by e-mail to the following address firstname.lastname@example.org
The Buyer indicates in the registration form his residence or home, telephone number or e-mail address to which he wishes to be sent the Supplier’s communications.
18. Settlement of disputes
18.1. All disputes arising from this contract will be donated to an attempt at conciliation at the Chiavari Chamber of Commerce’s Mediation Board and resolved according to the conciliation rules adopted by the same.
18.2. If the Parties wish to take the case to the Ordinary Judicial Authority, the relevant forum is that of the consumer’s place of residence or elective residence, which is ineligible under art. 33, paragraph 2, letter u)
18.3. In any case, you can optionally use the mediation procedures referred to in D.lgs 28/2010, for the resolution of any disputes that have arisen in the interpretation and execution of these sales conditions by accessing the following site: https://webgate.ec.europa.eu/odr
19. Applicable law and referral
19.1. This contract is governed by Italian law.
19.2. Although not expressly laid out here, the legal rules applicable to the reports and cases in this contract apply, and in particular art. 5 of the 1980 Rome Convention. 19.3 Under art. 60 cons. code, the discipline contained in Part III, Title III, Chief I cons.
20. Final Clause – Site Access – Fullness
20.1. This agreement repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the parties and concerning the subject of this contract.
20.2. The Buyer has the right to access the site for consultation and making purchases. No other use, particularly commercial, of the site or its content is allowed. The integrity of the elements of this site, whether sound or visual, and the related technology used remain the property of the Supplier and are protected by intellectual property law.
20.3. These General Sales Conditions consist of the totality of the clauses that make up them. If one or more provisions of these General Sales Conditions are considered invalid or declared invalid or declared invalid under the law, regulation or following a decision by a court with jurisdiction, the other provisions will continue to be fully effective and effective.