The Purchaser expressly declares to make the purchase for purposes unrelated to the commercial or professional activity exercised.
The goods covered by these general conditions are offered for sale by Pistì, a brand owned by Antichi Sapori dell'Etna srl based in Bronte (CT), Viale J. Kennedy, Zona Artigianale Lot 12/13 - 95034 , registered with the Chamber of Commerce of Catania at no. REA CT - 279751 of the Business Register, VAT number no. 02528490838, hereinafter referred to as the "Supplier".
1.1. The expression "online sales contract" means the sales contract relating to the Supplier's tangible movable property, entered into between the latter and the Buyer as part of a remote sales system using telematic tools, organized by the Supplier .
1.2. The term "Buyer" means the natural person consumer who makes the purchase, pursuant to this contract, for purposes not related to any commercial or professional activity carried out.
1.3. The term "Supplier" means the subject indicated in the epigraph or the subject providing the information services.
2.1. With this contract, respectively, the Supplier sells and the Purchaser purchases remotely via telematic tools the tangible movable property indicated and offered for sale on the site http://shop.pisti.it .
2.2. The products referred to in the previous point are illustrated on the web page: http://shop.pisti.it .
3.1. The contract between the Supplier and the Purchaser is concluded exclusively through the Internet by accessing the Purchaser at the address http://shop.pisti.it , where, following the procedures indicated, the Purchaser will formalize the proposal for the purchase of the goods the contract for the purchase of the goods referred to in point 2.1 of the previous article.
4.1. The purchase contract is concluded by correctly filling out the request form and consenting to the purchase expressed through the subscription sent online or by filling in the form/module attached to the online electronic catalog and the subsequent sending of the form/ form itself, always after viewing a printable order summary web page, which shows the details of the originator and the order, the price of the goods purchased, the shipping costs and any additional ancillary charges, the payment methods and terms, the address where the goods will be delivered, delivery times and the existence of the right of withdrawal.
4.2. When the Supplier receives the order from the Purchaser, it sends a confirmation e-mail or displays a printable web page confirming and summarizing the order, which also contains the data referred to in the previous point.
4.3. The contract is not considered perfected and effective between the parties in default of what is indicated in the previous point.
5.1. Each payment by the Purchaser can only be made by means of one of the methods indicated on the appropriate web page by the Supplier.
5.2. Any reimbursement to the Purchaser will be credited through one of the methods proposed by the Supplier and chosen by the Purchaser, in a timely manner and, in case of exercise of the right of withdrawal, as governed by art. 13, point 2 et seq. of this contract, at the latest within 30 days from the date on which the Supplier became aware of the withdrawal.
5.3. All communications relating to payments take place on a special line of the Supplier protected by an encryption system. The Supplier guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of current legislation on the protection of personal data.
6.1. The Supplier will deliver the selected and ordered products, in the manner chosen by the Purchaser or indicated on the website at the time of the offer of the goods, as confirmed in the e-mail referred to in point
6.2. Shipping times are maximum 5 working days from confirmation of the same. In pre-recurrence periods (Christmas and Easter) delivery times could be longer.
6.3. Shipping methods, times and costs are clearly indicated and highlighted at the address http://shop.pisti.it/termini-e-condizioni-di-vendita .
7.1. All sales prices of the products displayed and indicated on the website http://shop.pisti.it are expressed in euros and constitute an offer to the public pursuant to art. 1336 of the civil code
7.2. The sales prices, referred to in the previous point, are inclusive of VAT and any other tax. Shipping costs and any ancillary charges (e.g. customs clearance), if any, while not included in the purchase price, must be indicated and calculated in the purchase procedure before forwarding the order by the Purchaser and also contained in the order summary web page.
7.3. The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalogue.
8.1. The Supplier ensures the processing and fulfillment of orders without delay via the telematic system used. For this purpose, it indicates in real time, in its electronic catalogue, the number of available and unavailable products, as well as the shipping times.
8.2. Should an order exceed the quantity existing in the warehouse, the Supplier will notify the Purchaser via e-mail if the good is no longer bookable or what are the waiting times to obtain the chosen good, asking if he intends to confirm the order or not.
8.3. The Supplier's computer system confirms the order's registration as soon as possible by sending the User a confirmation by e-mail, pursuant to point 4.2.
9.1. The Supplier assumes no responsibility for disservices attributable to force majeure in the event that it fails to execute the order within the times established by the contract.
9.2. The Supplier cannot be held responsible towards the Purchaser, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet beyond its control or that of its subcontractors.
9.3. Furthermore, the Supplier will not be liable for damages, losses and costs suffered by the Purchaser following the non-performance of the contract for reasons not attributable to him, the Purchaser having the right only to the full refund of the price paid and any ancillary charges incurred .
9.4. The Supplier assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards, checks and other means of payment, for the payment of the products purchased, if it demonstrates that it has taken all the precautions possible on the basis of the best science and experience of the moment and on the basis of ordinary diligence.
9.5. Under no circumstances can the Purchaser be held responsible for delays or misunderstandings in the payment if he proves that he has made the payment within the times and methods indicated by the Supplier.
10.1. Pursuant to articles 114 et seq. of the Consumer Code, the Supplier is liable for damage caused by defects in the goods sold if he fails to inform the Injured Party, within 3 months of the request, of the identity and domicile of the manufacturer or of the person who supplied him with the goods .
10.2. The aforementioned request, by the Damaged party, must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer for viewing the product, if it still exists.
10.3. The Supplier cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product, to an imperative legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the time when the manufacturer put the product into circulation, it still did not allow the product to be considered defective.
10.4. No compensation will be due if the injured person was aware of the defect in the product and of the danger deriving from it and nevertheless voluntarily exposed himself to it.
10.5. In any case, the injured party will have to prove the defect, the damage, and the causal connection between the defect and the damage.
10.6. The injured party may request compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is of a type normally intended for private use or consumption and thus mainly used by the injured party.
10.7. The damage to things referred to in art. 123 of the Consumer Code will, however, be refundable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (€387).
11.1. The Supplier is liable for any lack of conformity that occurs within 2 years of delivery of the goods.
11.2. For the purposes of this contract, it is assumed that the consumer goods comply with the contract if, where pertinent, the following circumstances coexist: a ) they are suitable for the use for which goods of the same type are normally used; b ) conform to the description given by the Seller and possess the qualities of the goods that the Seller has presented to the Consumer as a sample or model; c ) present the usual quality and performance of a good of the same type, which the Consumer can reasonably expect, taking into account the nature of the good and, where appropriate, the public statements on the specific characteristics of the goods made in this regard by the Seller, the manufacturer or its agent or representative, especially in advertising or on labelling; d ) they are also suitable for the particular use desired by the Consumer and which has been brought to the attention of the Seller at the time of conclusion of the contract and which the Seller has accepted also for conclusive facts.
11.3. The Purchaser loses all rights if he does not report the lack of conformity to the Seller within 2 months from the date on which the defect was discovered. The complaint is not necessary if the Seller has acknowledged the existence of the defect or has concealed it.
11.4. In any case, unless proven otherwise, it is assumed that the lack of conformity which occurs within 6 months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect compliance.
11.5. In the event of a lack of conformity, the Purchaser may request, alternatively and free of charge, under the conditions indicated below, the repair or replacement of the purchased good, a reduction in the purchase price or the termination of this contract, unless the request is not objectively impossible to satisfy or is excessively burdensome for the Supplier pursuant to art. 130, paragraph 4, of the Consumer Code.
11.6. The request must be sent in writing, by registered mail, to the Supplier, who will indicate his willingness to process the request, or the reasons that prevent him from doing so, within 7 working days of receipt.
In the same communication, if the Supplier has accepted the Purchaser's request, he must indicate the methods of shipment or return of the goods as well as the deadline for the return or replacement of the defective goods.
11.7. If the repair and replacement are impossible or excessively expensive, or the Supplier has not repaired or replaced the goods within the term referred to in the previous point or, finally, the replacement or repair previously carried out have caused significant inconvenience to the Purchaser, the latter may request, at his choice, an appropriate reduction of the price or the termination of the
contract. In this case, the Purchaser must send his request to the Supplier, who will indicate his willingness to proceed with the same, or the reasons that prevent him from doing so, within 7 working days of receipt.
11.8. In the same communication, if the Supplier has accepted the Purchaser's request, he must indicate the proposed price reduction or the methods for returning the defective goods. In such cases it will be the Purchaser's responsibility to indicate the methods for re-crediting the sums previously paid to the Supplier.
12.1. The Purchaser undertakes to pay the price of the goods purchased within the times and in the manner indicated in the contract.
12.2. Once the online purchase procedure has been completed, the Purchaser undertakes to print and keep this contract.
12.3. The information contained in this contract has, however, already been viewed and accepted by the Purchaser, who acknowledges it, as this step is made mandatory before the purchase confirmation.
13.1. The Purchaser has the right to withdraw from the stipulated contract, without any penalty if there is a valid reason, within the term of 4 (four) working days, starting from the day of receipt of the purchased good.
13.2. If the Buyer decides to exercise the right of withdrawal, he must notify the Seller by registered mail to the address
Pistì - Antichi Sapori dell'Etna srl, Viale J. Kennedy, Artisan Area Lot 12/13 - 95034 Bronte (CT)
13.3. The Purchaser cannot exercise this right of withdrawal for contracts for the purchase of customized products or products which by their nature are likely to deteriorate or expire rapidly.
13.4. The only costs payable by the Consumer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Supplier.
13.5. The Supplier will refund the entire amount paid by the Purchaser free of charge within 30 (thirty) days of receipt of the notice of withdrawal.
Article 14
14.1. The obligations referred to in point 12.1, assumed by the Purchaser, as well as the guarantee of the successful completion of the payment that the Purchaser makes with the means referred to in point 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in point 6, are essential, so that, by express agreement, the non-fulfilment of only one of these obligations, if not determined by unforeseeable circumstances or force majeure, will result in the legal termination of the contract pursuant to art. 1456 of the civil code, without the need for a judicial ruling.
15.1. The Supplier protects the privacy of its customers and guarantees that the processing of data complies with the provisions of the privacy legislation referred to in Legislative Decree 30 June 2003, n. 196 .
15.2. The personal and fiscal data acquired directly and/or through third parties from the Supplier Antichi Sapori dell'Etna srl, the data controller, are collected and processed in paper, IT and telematic form, in relation to the treatment methods with the aim of registering the order and activate the procedures for the execution of this contract and the related necessary communications, as well as the fulfillment of any legal obligations, as well as to allow effective management of commercial relations to the extent necessary to best carry out the requested service (art. 24, paragraph 1, letter b , Legislative Decree 196/2003) .
15.3. The Supplier undertakes to treat the data and information transmitted by the Purchaser confidentially and not to reveal them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may be shown only at the request of the Judicial Authority or other authorities authorized by law.
15.4. Personal data will be communicated, upon signing of a confidentiality commitment of the data, only to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and communicated exclusively for this purpose.
15.5. The Purchaser enjoys the rights pursuant to art. 7 of Legislative Decree 196/2003, i.e. the right to obtain:
a ) updating, rectification or, when interested, integration of data;
b ) the cancellation, transformation into anonymous form or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed;
c ) the attestation that the operations referred to in letters a ) and b ) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case in which this fulfillment proves impossible or involves the use of means manifestly disproportionate to the protected right. The interested party also has the right to object, in whole or in part: i) for legitimate reasons, to the processing of personal data concerning him, even if pertinent to the purpose of the collection; ii) to the processing of personal data concerning him for the purpose of sending advertising material or direct sales or for carrying out market research or commercial communication.
15.6. The communication of personal data by the Purchaser is a necessary condition for the correct and timely execution of this contract. Failing that, the Buyer's request cannot be processed.
15.7. In any case, the acquired data will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. However, their removal will be done in a safe way.
15.8. The owner of the collection and processing of personal data is the Supplier, to whom the Purchaser may address any request at the company headquarters .
15.9. Anything sent to the Company's postal address (even electronically) (requests, suggestions, ideas, information, materials, etc.) will not be considered confidential information or data, must not violate the rights of others and must contain valid information, not harmful to the rights of others and truthful, in any case the Company cannot be attributed any responsibility for the content of the messages themselves.
16.1. Pursuant to art. 12 of Legislative Decree 70/2003, the Supplier informs the Purchaser that each order sent is stored in digital/paper form on the server/at the Supplier's headquarters according to confidentiality and security criteria.
17.1. Written communications directed to the Supplier and any complaints will be considered valid only if sent to the following address:
Antichi Sapori dell'Etna srl, Viale J. Kennedy, Artisan Area Lot 12/13 - 95034 Bronte (CT)
or sent by fax to 095 691 301 or sent by e-mail to the following address digital@pisti.it . In the registration form, the Purchaser indicates his residence or domicile, the telephone number or e-mail address to which he wishes communications from the Supplier to be sent.
18.1. All disputes arising from this contract will be referred to the Chamber of Commerce of Catania and resolved according to the conciliation regulation adopted by the same.
18.2. If the Parties intend to appeal to the ordinary judicial authority, the competent Court is that of the place of residence or elective domicile of the Consumer, mandatory pursuant to art. 33, paragraph 2, lett. u ) of Legislative Decree 206/2005.
19.1. This contract is regulated by the Italian law.
19.2. Although not expressly provided for herein, the provisions of law applicable to the relationships and cases envisaged in this contract apply, and in particular art. 5 of the Rome Convention of 1980.
19.3. Pursuant to art. 60 of Legislative Decree 206/2005, the discipline contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 is expressly referred to here.
This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the Parties and concerning the object of this contract.
