Terms and Conditions of Sale

Pistì · Legal documents

General Conditions of Sale

The conditions governing the offer and sale of Pistì products via shop.pisti.it. Use the index to quickly reach each article.

Seller identification

The products covered by these general conditions of sale (hereinafter the “Conditions”) are sold by Antichi Sapori dell'Etna S.r.l., owner of the “Pistì” brand, with registered office in Bronte (CT), Viale J. Kennedy, Artisan Area Lot 12/13, 95034, registered in the Catania Company Register at no. REA CT-279751, VAT number 02528490838 (hereinafter the “Seller” or “Pistì”).

Definitions

1.1. “Customer”: any person who makes a purchase on the Site.

1.2. “Consumer”: the natural person who acts for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out (art. 3, letter a, Legislative Decree 206/2005 - Consumer Code). The protections referred to in Articles 10, 11 and 13 apply to the Consumer.

1.3. “Professional/Business Customer”: anyone who makes the purchase in the course of their business and requests an invoice indicating a VAT number. To such purchases they do not apply the right of withdrawal and the guarantees reserved for the Consumer (see Art. 9.2).

1.4. “Products”: food and other movable goods offered for sale on the Site.

1.5. “Contract”: the distance selling contract concluded between the Seller and the Customer via the Site, governed by these Conditions.

Object and scope of application

2.1. These Conditions govern the offer and remote sale of Products through the Site and apply to all orders placed by Customers, in Italy, in the European Union and to non-EU countries, except as provided in Articles 5, 8 and 16 for international shipments.

2.2. The applicable Conditions are those published on the Site at the time the order is sent. The Seller reserves the right to modify them at any time; the changes do not affect orders already confirmed.

2.3. Since these are food products, the mandatory information on ingredients, allergens, nutritional values, conservation and minimum shelf life (EU Reg. 1169/2011) is reported in the data sheet of each Product and/or on the label.

Pre-contractual information

3.1. Before placing the order, the Seller provides the Consumer, in a clear and understandable way, with the information referred to in the art. 49 of the Consumer Code: essential characteristics of the Products, total price including taxes, shipping costs and any additional charges, payment and delivery methods, conditions, terms and procedure for withdrawal, existence of the legal guarantee of conformity, identification data and contact details of the Seller.

3.2. The information referred to in Legislative Decree 70/2003 (e-commerce) is made available on the Site.

Conclusion and effectiveness of the Contract

4.1. The display of the Products on the Site constitutes an invitation to propose. The order sent by the Customer, after viewing a summary page (Products, price, shipping costs, any charges, delivery address and times, right of withdrawal), constitutes a contractual proposal.

4.2. Before transmitting the order, the Customer reads and accepts these Conditions and the privacy policy using the appropriate selection box. The Customer has the possibility to identify and correct any insertion errors.

4.3. The Contract is considered concluded when the Seller sends the order confirmation (acceptance of the proposal) to the Customer at the e-mail address indicated. The confirmation summarizes the order and these Conditions. The Customer is invited to keep a copy.

4.4. The Seller reserves the right not to accept anomalous or incomplete orders for the purpose of unauthorized resale or in the event of unavailability of the Products; in this case it will promptly notify and refund any sums already charged.

Prices, taxes and customs duties

5.1. All prices are expressed in euros and constitute an offer to the public pursuant to art. 1336 c.c. The prices indicated for the Products intended for the Italian and EU markets include VAT.

5.2. Shipping costs and any additional charges are indicated separately and calculated before placing the order, on the summary page.

5.3. Sales to EU countries: the price is inclusive of VAT according to the regulations applicable to intra-community distance sales to consumers.

5.4. Sales to non-EU countries: prices are exclusive of customs duties, VAT and other import taxes or charges, which are paid by the recipient customer and are requested by the authorities or by the courier at the time of customs clearance, unless otherwise indicated at the time of purchase. The Customer is required to inform himself in advance about the obligations and any restrictions on the import of food products in force in his country. Failure to collect or refusal due to customs duties does not give rise to the right to reimbursement of shipping costs.

5.5. The Seller reserves the right to change prices at any time; the price published at the time of the order applies to the Customer.

Payment methods

6.1. Payment is made using one of the methods indicated on the Site and active at the time of checkout (for example: credit/debit card and electronic payment circuits).

6.2. Transactions are handled via payment service providers over encryption-protected channels. The Seller does not store the complete data of the payment instruments, processed directly by the service manager.

6.3. Any refund will be credited with the same payment method used for the purchase, unless otherwise agreed, at no cost to the Customer.

Product Availability

7.1. The Site indicates the availability of the Products. Availability is purely indicative and non-binding, as it may vary due to simultaneous purchases.

7.2. In the event of unavailability, the Seller informs the Customer and, at the latter's choice, proposes a waiting period or fully refunds the sums paid for the unavailable Products.

Shipping and delivery

8.1. Shipping methods, times and costs are indicated on the Site and on the order summary page. The threshold for free shipping is that indicated on the Site and applied at checkout; for other destinations the rates indicated at the time of purchase apply.

8.2. The indicative delivery times, from order confirmation, are approximately 5 working days in Italy, 7-12 working days in the rest of the European Union and with variable times for non-EU destinations. During peak periods (Christmas, Easter) times may be longer. For the Consumer, art. applies. 61 of the Consumer Code regarding delivery terms.

8.3. Pursuant to art. 63 of the Consumer Code, for the Consumer the risk of loss or damage to the Products is transferred at the time of physical delivery to the Consumer or to a third party designated by him, other than the carrier.

8.4. Upon receipt, the Customer is invited to check the integrity of the package and the correspondence of the Products, promptly reporting any anomalies according to the Art. 14.

8.5. Since these are food products, the Customer must guarantee availability at the indicated address; the Seller is not responsible for deterioration of the Products due to failed or delayed collection attributable to the Customer.

Billing

9.1. A suitable tax document is issued for each order. The Customer who desires the invoice must indicate the requested data (tax code and, if applicable, VAT number and recipient code/PEC) before completing the order.

9.2. The request for an invoice with indication of VAT number for professional purposes entails the qualification of the purchase as a purchase between professionals (B2B): in this case the right of withdrawal referred to in the Art. does not apply. 13 and the guarantees reserved for the Consumer; the guarantee for defects pursuant to articles applies. 1490 et seq. d.c. and the competent court is that referred to in Art. 16.2.

Legal guarantee of conformity (Consumers)

10.1. Pursuant to the articles. 128 et seq. of the Consumer Code (as amended by Legislative Decree 170/2021, implementing EU Dir. 2019/771), the Seller is liable towards the Consumer for any lack of conformity existing at the time of delivery and which manifests itself within 2 years of delivery.

10.2. Unless proven otherwise, it is presumed that defects of conformity appearing within 1 year of delivery already existed on that date, unless this is incompatible with the nature of the goods or the defect.

10.3. The Consumer who finds a lack of conformity has the right, without charge, to restore conformity through repair or replacement and, under the legal conditions, to a price reduction or termination of the Contract (articles 135-bis et seq.).

10.4. The Consumer can report the defect by any suitable means (e-mail to the assistance address indicated in Article 14); No particular form is required (e.g. registered mail) nor is the defect reported within a predetermined deadline. The action aimed at asserting defects not maliciously concealed by the Seller expires in any case within 26 months of delivery.

10.5. Since these are food products, the guarantee operates within the limits compatible with the nature of the goods and, in any case, no later than the expiry date or minimum shelf life (TMC) indicated on the label: deterioration or alteration of the products after that date does not constitute a lack of conformity.

Liability for defective product

11.1. The Seller is responsible for damage caused by defects in the Products within the limits and conditions set out in the articles. 114 et seq. of the Consumer Code, unless it communicates to the injured person, within 3 months of the written request, the identity and domicile of the manufacturer or of the person who supplied him with the Product.

11.2. Damage to property is compensable pursuant to art. 123 of the Consumer Code only for the part exceeding the amount of three hundred and eighty-seven euros (€387).

Limitations of Liability

12.1. The Seller is not responsible for failures or delays due to unforeseeable circumstances or force majeure (Article 17).

12.2. Nothing in these Conditions excludes or limits the Seller's liability in cases where this is prohibited by law, in particular for death or personal injury, willful misconduct or gross negligence, nor does it prejudice the mandatory rights recognized to the Consumer. Any clauses in conflict with these rights are considered not to have been applied.

12.3. The Seller is not responsible for the contents of any linked third-party sites, nor for malfunctions of the Internet network beyond its control.

Right of withdrawal (Consumers)

13.1. The Consumer has the right to withdraw from the Contract without indicating the reason and without any penalty, within 14 days, pursuant to articles. 52 et seq. of the Consumer Code. The term starts from the day on which the Consumer (or a third party designated by him) acquires physical possession of the Products; in the case of an order with multiple Products delivered separately, from the last Product received.

13.2. To exercise the withdrawal, the Consumer informs the Seller of his decision through an explicit declaration, by any means (email to digital@pisti.it or written communication to Antichi Sapori dell'Etna S.r.l., Viale J. Kennedy, Zona Artigianale Lot 12/13, 95034 Bronte (CT) or via the digital form on the page https://shop.pisti.it/pages/contatti).

13.3. The Consumer returns the Products without undue delay and in any case within 14 days of notification of withdrawal. The direct costs of return are borne by the Consumer, unless otherwise indicated by the Seller.

13.4. The Seller refunds all payments received, including standard delivery costs, without undue delay and in any case within 14 days from the notice of withdrawal. The Seller may suspend the refund until receipt of the Products or proof of shipment by the Consumer. The refund takes place with the same payment method used by the Consumer.

13.5. The Consumer is responsible for the decrease in value of the Products resulting from handling other than that necessary to establish their nature, characteristics and functioning.

13.6. Exclusions (art. 59 Consumer Code). The right of withdrawal does not apply, among other things, to:

  • Products made to measure or personalized;
  • Products that are likely to deteriorate or expire rapidly;
  • Sealed products that are not suitable for return for hygienic or health protection reasons and which have been opened after delivery.

These exclusions concern in particular most of the food products offered on the Site.

Assistance and complaints

14.1. Communications and complaints can be sent to: e-mail digital@pisti.it, PEC antichisaporisrl@arubapec.it, tel. +39 095 691 148, in writing to Antichi Sapori dell'Etna S.r.l., Viale J. Kennedy, Zona Artigianale Lotto 12/13, 95034 Bronte (CT), or via the digital form on the page https://shop.pisti.it/pages/contatti.

14.2. The Seller responds to complaints without undue delay and in any case within a reasonable time.

Out-of-court resolution of disputes (ADR)

15.1. In the event of a dispute, the Consumer can contact the Seller for an amicable solution before taking legal action.

15.2. Pursuant to the articles. 141 et seq. of the Consumer Code, the Consumer can make use of alternative dispute resolution (ADR) procedures. At present the Seller is not bound to any ADR system nor has it committed to using it exclusively; The Consumer has the right to activate, on a voluntary basis, an ADR body registered in the list kept by the Ministry of Business and Made in Italy or the conciliation service of the Catania Chamber of Commerce.

15.3. EU Consumers can contact the European Consumer Centers Network (ECC-Net) for cross-border disputes.

Applicable law and competent court

16.1. The Contract is governed by Italian law. For Consumers resident in other EU States, the application of the more favorable mandatory provisions provided for by the law of their country of habitual residence remains unchanged, pursuant to art. 6 of EU Reg. 593/2008 (“Rome I”).

16.2. For disputes with a Consumer, the court of the place of residence or elective domicile of the Consumer is competent, if located in Italy (art. 66-bis Consumer Code). For B2B purchases referred to in Art. 9.2 the Court of Catania.

16.3. For non-EU Customers, the application of Italian law does not deprive the Consumer of any mandatory protections provided for by the law of his country, where applicable.

Force majeure

17.1. The Seller is not responsible for failure or delayed performance due to causes not attributable to him, such as unforeseeable circumstances or force majeure (for example: disasters, strikes, interruptions of transport or networks, authority measures). In such cases the deadlines are suspended for the duration of the event.

Processing of personal data

18.1. Customers' personal data are processed by Antichi Sapori dell'Etna S.r.l., as Data Controller, in compliance with EU Regulation 2016/679 ("GDPR") and Legislative Decree 196/2003 as amended by Legislative Decree 101/2018. For any question relating to data protection the Customer can write to privacy@pisti.it or to the PEC antichisaporisrl@arubapec.it.

18.2. The data is processed to execute the Contract and related obligations (art. 6, par. 1, letter b, GDPR), to fulfill legal obligations, including tax and accounting (letter c), and, subject to consent or on another suitable legal basis, for marketing purposes. Purposes, legal bases, retention times, categories of recipients and methods of exercising rights are described in detail in the privacy information published on the Site, which constitutes an integral part of these Conditions.

18.3. The provision of the data necessary for the execution of the Contract is a condition for its conclusion; otherwise it is not possible to process the order. The provision of data for marketing purposes is optional.

18.4. Some service providers (e.g. analysis tools, sending communications and payment management) may involve the transfer of data to non-EU countries. In such cases the transfer takes place on the basis of an adequacy decision by the European Commission (including, where applicable, the EU-US Data Privacy Framework) or adequate guarantees pursuant to articles. 44-46 GDPR, such as the Standard Contractual Clauses. The list of suppliers and the related guarantees are indicated in the privacy policy.

18.5. The interested party can exercise the rights referred to in the articles at any time. 15-22 GDPR (access, rectification, cancellation, limitation, portability, opposition) and revoke the consent given, as well as lodge a complaint with the Guarantor for the protection of personal data.

Amendments, archiving and final provisions

19.1. The Seller may modify these Conditions; the changes apply to orders following their publication.

19.2. Pursuant to art. 12 of Legislative Decree 70/2003, the text of the Contract and the order is archived by the Seller in electronic form according to confidentiality and security criteria; the Customer may request a copy.

19.3. The possible invalidity or ineffectiveness of a clause does not affect the validity of the remaining ones. These Conditions replace any previous agreement between the parties relating to the same subject.

19.4. In case of translation into other languages, in case of discrepancy the Italian version prevails, unless mandatory provisions for the protection of the Consumer provide otherwise.