The terms in these general conditions (the “General Conditions”) with the capitalised words shall have the meaning given to them herebelow, being understood that reference to the singular also includes reference to the plural and vice versa:
Romanengo: Pietro Romanengo fu Stefano S.r.l., VAT number 00269340105, registered under the Companies’ Register of Genoa REA no. 0259468, with registered office in Genoa, via Soziglia 74/76 r, cap16123, e-mail address: email@example.com.
Products Catalogue: the list of Products of Romanengo that can be purchased, if available, which is published and periodically updated on the Website.
Customer: the natural person over the age of eighteen, as defined in art. 3, letter a) of the Consumer Code, and, therefore, the natural person acting for purposes unrelated to his/her business, commercial, artisan or professional activity.
Consumer Code: Legislative Decree no. 206 of 06.09.2005 and subsequent amendments and additions.
Order Confirmation: the confirmation of the Purchase Order sent by Romanengo to the Customer after verification that the economic transaction has been successfully completed.
Contract: the contract between Romanengo and the Customer which is deemed to be entered into upon receipt by the Customer of the Order Confirmation sent by Romanengo and is to be considered inclusive of these General Conditions.
Law: any law, decree, regulation, directive or legislation, national or local, order or decision, Italian or foreign of any authority, applicable to the sale of Products.
Purchase Order: the order transmitted by the Customer to Romanengo through the appropriate form on the Website, subject to confirmation of the availability of the Product.
Products: the confectionery products better listed under the Products Catalogue of Romanengo from time to time offered for sale on the Website.
Point of Sale: the point of sale of Romanengo, located in Genoa, which the Customer can choose as an alternative to shipping and from which the Customer can pick up the Products purchased online during the indicated opening hours and within the required terms.
Product Sheet: the sheet describing each Product, available on the Website, which illustrates its main characteristics in accordance with the provisions of Law.
Website: the website of Romanengo www.shop.romanengo.com, where it is possible to buy the Products.www.shop.romanengo.com
2.- General information
2.1 These General Terms and Conditions of Sale are drafted in compliance with the provisions of the Italian Civil Code, the Consumer Code and the applicable legislation and regulate the offer and sale of products through the Website.
2.2 The Seller of Products and owner of the Website is Romanengo.
2.3 The Customer is exclusively the consumer, over eighteen years old, as defined under art. 3, letter a) of the Consumer Code, and, therefore, the natural person who acts on the Website for purposes unrelated to his/her business, commercial, artisan or professional activity. In case of customers not falling within the definition of consumers as set out under Consumer Code, the General Conditions of Sale for Companies and Professionals available on the Website shall apply.
3.- Scope and effectiveness of General Conditions
3.1 The General Conditions regulate the remote sale of the Products, available on the Website and integrate any Purchase Order and Order Confirmation or any other transaction of the Products on the Website. The updated version of the General Conditions is available on the Website and also through the link contained in the confirmation email of each order.
3.2 The General Conditions apply and regulate all sales contracts concluded through the Website: each purchase made through the Website implies for the Customer full knowledge and acceptance, without reservation, of the General Conditions.
3.3 The General Conditions may be subject to changes and amendments at any time and the Customer, who accesses the Website to purchase the Products, is required to carefully read the abovementioned General Conditions before making any purchase.
3.4 In any case, each sale of Products shall be governed by the version of the General Conditions available on the Website as of the date the Purchase Order is submitted by the Customer.
4. – Products Information
4.1 The Customer acknowledges and is informed that information relating to the main characteristics of the Products, including the relevant prices, are available on the Website under each Product Sheet. In the Products Catalogue, each product is accompanied by a sheet describing its main characteristics. In any case, images of the Products published on the Website shall be deemed as merely indicative, as they may not correspond faithfully to the real ones, due to the devices used by the Customer to view the Website or due to the settings of the computer IT systems.
4.2 The Products Catalogue will be periodically updated by the Seller who, therefore, does not give any guarantee that each Product is at any time included in the list of Products available online.
5.- Information concerning the conclusion of the Contract
5.1 In order to proceed with the purchase of the Products, the Customer must fill in the appropriate login form on the Website. By filling in the login form, the Customer declares, under his/her own exclusive responsibility (i) the truthfulness and correctness of data provided to activate the service (ii) that he/she is over the age of eighteen, and (iii) that he/she acts as consumer. Alternatively, the Customer may purchase the Products as “Guest”, without registering, but simply by entering the data required for his/her identification and for the delivery of the purchased Products before proceeding to fill in the order form referred to in art. 5.3 below. In such case, his/her data will not be saved for future purchases.
5.2 It is the sole responsibility of the Customer to keep login information strictly confidential and not to disclose it to third parties, so as to avoid, to the extent possible, any risk of unauthorised access into the Customer’s account and the submission of Purchase Orders by unauthorised persons or others than the Customer.
5.3 After completing the login form, the Customer must fill in an electronic order form, prepared by the Seller, following the instructions shown on the Website.
5.4 Before sending the Order Confirmation to the Customer, the Seller will make available to the Customer all the information referred to in Article 49 of the Consumer Code.
5.5 It remains understood that, before submitting the Purchase Order, the Customer undertakes to carefully read the General Conditions, displayed during the registration procedure of the Purchase Order, which he/she expressly declares to have understood and accepted without reservation by ticking the appropriate box on the Website. In particular, the Customer undertakes to read the information on the main characteristics of the ordered Products, the prices of the same and the methods of payment and return terms of the Products. Furthermore, as provided for by art. 51, paragraph 2, of the Consumer Code, the function provided for the forwarding of each Purchase Order specifies that the order implies the obligation to pay.
5.6 Once the Purchase Order has been filled in and the delivery method selected, the Customer still may change the shipping address previously specified.
In order to complete and execute each Purchase Order of Products, the Customer is therefore required to confirm the economic transaction concerning the payment of the price of the Products put in the shopping cart; for this purpose, once the procedure for choosing the Products and confirming the Customer’s data has been completed, the Customer is asked to click on “Confirm”, choose a method of payment and, if payment through electronic systems is chosen, the Website will redirect him/her to the Website of the payment provider.
5.7 The successful payment is certified both by a confirmation message from the payment provider and in the Order Confirmation. Should the Customer not receive such messages, then Purchase Orders shall be deemed as never submitted.
5.8 After receiving confirmation of the successful the payment indicated in the Purchase Order, the Seller will send to the Customer, to the e-mail address specified during the login procedure, the Order Confirmation, as provided for by art. 51, paragraph seven, of the Consumer Code. The Order Confirmation notice – which, without prejudice to what is specified herebelow in case of out of stock Products, constitutes the final acceptance of the Purchase Order and represents the conclusion of the Contract between Romanengo and the Customer – contains reference to these General Conditions, the order number, the invoicing data, the list of ordered Products with their main characteristics, the option selected by the Customer between collection at the Point of Sale and delivery by shipment, and, where the relevant option is selected, the place of delivery of the Products to be shipped and the shipping costs, as well as the total price of the purchased Products. The Seller undertakes only to deliver Products which are in stock and shall not be liable if, after sending the Order Confirmation, it results that the Product or any of the Products ordered turned out of stock. In such case, the Seller will promptly contact the Client to offer either different Products as replacement of the out of stock ones or the reimbursement of the paid amount, at the Client’s choice and discretion.
5.9 The Customer acknowledges that, before concluding the online purchase procedure described above, he/she must verify the correctness of data filled in by the same and correct any errors and, once the Order Confirmation has been received, he/she must print and store it and the attached General Conditions or anyway save or copy them. Order Confirmation will be stored by the Seller in the Website’s database for the time strictly necessary for its execution and then deleted. The registered Customer may access the submitted Purchase Order by entering “My Orders” section of the Website.
6.- Prices of Products, terms and methods of payment
6.1 The prices of Products shown on the Website are expressed in Euro and are understood to include all taxes and duties and, in the event the Customer opts for direct delivery to the address specified, also transport and delivery costs (as better indicated in the “Shipping information” section).
6.2 The actual prices are those published online at the time the Purchase Order is submitted by the Customer, so it is Customer’s responsibility to check the updated price of the Products before submitting the Purchase Order; prices applied by the Seller may be subject to change without prior notice.
6.3 Payment of Products may be made by bank transfer or through Stripe payment platform, which offers a secure payment service on the Internet. Payment data are in such latter case protected through the use of the most advanced technological and coding systems (SSL) and the data of the credit card, PayPal or other electronic payment means used are in this case processed directly by Stripe and are not known by Romanengo.
7.- Terms of delivery and check of Products
7.1 Products are delivered by the Seller, at the Customer’s choice,
(i) at the Point of Sale, if confirmed by the Seller in the Order Confirmation notice, during the opening hours indicated therein;
(ii) directly to the delivery address indicated by the Customer on the order form on the Website.
7.2 If the Customer chooses option under article 7.1(i), he/she consequently undertakes to pick the Products up from the Sale Point, during the opening hours indicated in the Order Confirmation notice, starting from the day indicated on the Order Confirmation and showing a copy of the same. If the Customer does not pick the Products up from the Point of Sale within the mandatory period of 5 (five) days from the date specified in the Order Confirmation, the Products will no longer be edible and/or saleable and must be necessarily disposed of according to Law, at Customer’s risk and no refund will be due to the latter.
7.3 When picking up or receiving the Products, the Customer undertakes to verify the integrity of the received Products’ packaging and the correspondence of the Products delivered with the items listed in the Order Confirmation notice. In the event that, at the time of pick-up/delivery of the Products, the Customer has ascertained that the packaging of the Products is damaged and/or the Products delivered do not correspond to those listed in the Order Confirmation, in order to enforce the guarantees set forth in article 8 of these General Conditions, the Customer must refuse the pick-up/delivery of the Products. Such refusal shall be recorded by the person in charge of the Point of Sale and will be deemed equivalent to a complaint submitted by the Customer.
8.- Legal guarantee of conformity and replacement of Products
8.1 All Products available for sale on the Website are covered by the legal guarantee of conformity established by articles 128 et seq. of the Consumer Code.
8.2 In accordance with Law, the Seller undertakes to deliver to the Customer goods corresponding to the sale contract, i.e. products corresponding to the description of each Product and to the main characteristics specified in the relevant Product Sheet available on the Website; without prejudice to the provisions set forth under article 8.1. above, the Seller shall be liable to the Customer for any defects of conformity existing at the time of delivery of the Products.
8.3 Considering the high perishability of the Products and their fast decay that may also depend upon inappropriate storage, the Customer is informed that, in the event of lack of conformity of Products, he will be entitled, at his/her choice, either to their replacement or to the termination of Contract and the refund of the paid price, provided that, at the time of pick up at the Point of Sale or delivery, without prejudice to the provisions set forth under article 8.1. above, has (i) verified the integrity of the packaging and the correspondence of the Products to those listed in the Order Confirmation and (ii) promptly submitted the complaint form to the Seller within 5 (five) days from discovering the lack of conformity.
8.4 Once Romanengo received the complaint referred to in article 8.3, if the Customer has not chosen to terminate the Contract and be refunded for the price paid, the Seller shall deliver the replacement Products (i.e. Products of the same quality and quantity of the ones indicated in the Order Confirmation pursuant to article 7.3 above) to the Customer at the Point of Sale specified in the Purchase Order and confirmed in the Order Confirmation notice, or by delivery where preferred by the Customer, as soon as possible and, in any case, within the term of 3 (three) working days from the request for replacement and without any further costs being charged to the Customer.
9.- Exclusion of the right of withdrawal due to the fast decay of Products
9.1 The Customer is informed and aware that, due to the freshness of their ingredients and lack of preservatives, the Products are subject to fast decay and alteration, even as a result of improper storage. Therefore, the Products must necessarily be consumed by the date indicated on each purchased package.
9.2 Hence the Customer acknowledges that he/she is aware that the right to withdraw from the Contract is excluded pursuant to and for the effects of art. 59, letter d) of the Consumer Code; the Customer is, in fact, informed that, due to their fast decay, Products cannot be put back on the market without risks to the consumers’ health after pick up/delivery terms indicated in the Purchase Order and confirmed by the Order Confirmation notice.
10.- Processing of personal data – Privacy
10.1 The Seller will process the Customer’s personal data in compliance with laws concerning the protection of personal data as better specified in the information notice available under the “Privacy” section of the Website, which the Customer undertakes to read before submitting the Purchase Order. This information is deemed to be fully known by the Customer at the time of placing the Purchase Order. Romanengo will also request the Customer’s consent to the processing of his/her personal data for specific purposes, where so required by current legislation about the protection of personal data.
11.- Applicable law – Jurisdiction
11.1 Each purchase made by the Customer on the Website according to these General Conditions is governed by Italian law.
11.2 For any dispute arising in relation to the interpretation, application, execution and/or termination of these General Conditions and/or individual Products purchase Contracts, if the Customer qualifies as ‘consumer’ within the scope of Consumer Code, the Court of residence or domicile of the Customer shall have exclusive jurisdiction, otherwise the Court of Genoa shall have exclusive jurisdiction.
12. – Dispute Resolution (ODR)
12.1 The Customer is informed that he/she has the right to take advantage of the service of settlement or mediation of disputes – that may arise in relation to these General Conditions and/or any purchase or transaction made on the Website – in order to seek an alternative resolution of the same disputes, by accessing the website https://www.risolvionline.com/.
13.- Customer service, complaints and notices
13.1 For notices required according these General Conditions and, in any case, to obtain any information, the Customer may contact the Seller via e-mail address at firstname.lastname@example.org, as well as by registered letter with return receipt at the following address: Pietro Romanengo fu Stefano S.r.l., Customer Service, via Soziglia 74/76 r, 16123 Genova.
13.2 The Seller undertakes to reply to requests received from the Customer within 7 (seven) working days by means of e-mail, which will be sent to the e-mail address provided by the Customer during the login procedure.