DEFINITIONS
Hereinafter, the terms and conditions and any other rules, defined " Sales conditions", which have as a subject matter, the discipline for the purchase of products by the Customer who can order remotely, via the telematic network through the website www. iloveostrica.it. The seller of the products and owner of the website www.iloveostrica.it is La Piazzetta del Pesce S.r.l. based in Via Divisione Tridentina, 2 Bergamo, C.F. and P.I. 03347101601, e-mail address: lapiazzettadelpesce@pec.it
Except as otherwise provided in other specific provisions, the terms listed below have in these (Sales condition), the meaning as specified for each on of them
"Customer" represent the customer or buyer.
"Product" represents the product offered on the website www.iloveostrica.it
"Website" represents the purchasing platform www.iloveostrica.it
"Force majeure events" describe situations caused by unforeseen elements, such as strikes, lockouts, fires, natural disasters (snowfalls, storms), inability to procure products, materials, services, breakdowns, delays by suppliers, sub-suppliers or couriers, government laws or regulations, computer problems, holidays in production / fishing locations, or any other cause or event that may be sudden , unpredictable and beyond our control
OBEJECT
These General Terms and Sales Conditions concern the purchase of products managed remotely via computer network on the website www.iloveostrica.it. The customer who accesses the website to make purchases is required, in compliance with the provisions of art. 12, paragraph 3 of the Legislative Decree 70/2003, before sending the order, to carefully read these general contractual conditions which will be available at any time for the customer in the appropriate section called "sales conditions" which can be found at the footer of each page on the website www .iloveostrica, it With the finalization of the order (purchase contract), according to procedure, the Customer accepts and undertakes to observe these Sales Conditions, which he will have read, before placing the order, therefore implying their full knowledge and their full acceptance. All purchases made through the website, www.iloveostrica.it by Customers, are governed by these Sales Conditions, as well as by the Italian Consumer Code (Legislative Decree no. 206/2005), Section II - Distance contracts (articles 50 - 67 ) and the Italian rules on e-commerce (Legislative Decree 70/2003). La Piazzetta del Pesce srl may modify, integrate and update the content of the Terms and Conditions at any time and without notice. The Sales Conditions published on the website www.iloveostrica.it are applied to each Purchase Agreement, which can always be viewed at the footer of the page, in the section called "Sales condition", at the time of sending the purchase order.
ORDER ACCEPTANCE / TERMINATION OF CONTRACT
By sending the order online through the website www.iloveostrica.it, the customer sends the Piazzetta del pesce srl, a contractual proposal to purchase the products included in the shopping cart. When the customer makes an online order for the products he has placed in the shopping cart, agrees to purchase them at the price indicated and with the features described in the site, in addition to the conditions provided in these Conditions of Sale, confirmed during the registration process. The contract shall be considered finalized when La Piazzetta del pesce srl, will send the customer an e-mail confirming the order containing the number, the date, the total amount of the order and transport costs. If, for any reason, after sending the order confirmation, should problems arise such that La Piazzetta del pesce srl, is not longer able to accept the Customer’s order (for one of the cases indicated below), it will immediately communicate it to the Customer by e-mail.
or if the product, at the time of order, is no longer available in stock. (In this case it will be refunded within 30 days from the date of order)
if the issuer of the credit card, or in any case the institution in charge, does not confirm the payment.
or If the delivery address indicated by the Customer, after verification with the courier, is not served by the distribution network of the Piazzetta del Pesce srl (in this case the order will be refunded in full within 30 days from the date of the order)
In case of Force majeure events
La Piazzetta del pesce srl, reserves the right to accept or not at its sole discretion, even after confirmation of the order sent to the customer, without the latter being able to make claims or rights of any kind, for any reason, including compensation, in case of non-acceptance of the order. The order not accepted will be refunded for the full amount.
PRICES
All prices indicated on the website are inclusive of VAT. The prices shown are subject to updates based on changes in raw material prices on the markets. The prices shown at the time of the order will no longer be subject to changes due to the aforementioned fluctuations in prices.
MINIMUM ORDER
On the website you can only place orders over the minimum amount of € 60
PAYMENTS
The payment of the products purchased on the Website www.iloveostrica.it and the related shipping costs must be made by the customer at the time of the order via Pay Pal or Credit Card. La Piazzetta del pesce srl, is not responsible for any fraudulent and illegal use that may be made by third parties of credit cards at the time of payment of the products purchased.
At the end of the order on the website www.iloveostrica.it, the customer is directed to the page managed by the payment manager Pay Pal, where the customer can choose whether to pay with Pay Pal account or credit card, in case of cancellation of the order for non-acceptance by La Piazzetta del pesce srl, or for reimbursement in case of partial absence of the items contained in the order, the amount will be refunded on the financial instrument used for payment by the Customer, Paypal account, or credit card, with deadlines set by Pay Pal. At no time during the purchase procedure La Piazzetta del pesce srl, is able to know the financial information of the customer, as there is no data transmission, there is the possibility that this data is intercepted.
RIGHT OF WITHDRAWAL
Pursuant to art. 59 cod. the right of withdrawal from the purchase contract is excluded for sealed products that have been opened after delivery, and for those perishable, or whose expiry is expected within the legal deadline of 14 days. from the delivery of the goods. In all other cases, La Piazzetta del pesce srl, recognizes to the consumer customer (i.e a private person who purchases the goods for purposes not related to his business or professional activity) the right of withdrawal for any reason, without need to provide explanations and without any penalty, if exercised within 14 days. from delivery, granting the refund of the price of the returned products, including delivery costs, while the customer will be charged the costs of returning the goods.
As for the sale of perishable products, that is, those products whose expiry is expected within the legal deadline of 14 days. from the delivery of the goods, the legal guarantees provided by articles 129 and 130 of the Consumer Code are applied. The Customer has the right, at his choice and provided that the type of Product ordered allows it, to restore, at no cost, the conformity of the Product by replacement, or an adequate reduction of the price or the return of the money paid, upon return to La Piazetta of the fish srl of the product not considered suitable, or in case it is agreed in advance with La Piazzetta of the fish srl , photographic documentation that attests the lack of conformity. This right expires, if the Customer does not report to La Piazzetta del pesce srl, the lack of conformity within 7 days of receipt of the order.
Piazzetta del pesce srl, may withhold the refund until it has received the return of the product, or until it is provided with proof of having provided for the return, depending on what situation occurs before.
CUSTOMER SERVICE DEPARTMENT
Any complaints must be forwarded to La Piazzetta del pesce srl by using the appropriate email info@iloveostrica.it, or by calling 035-0869171, active from Monday to Friday, from 9.00 to 18.00, excluding public holidays. The Piazzetta del pesce srl, undertakes to respond to all request received within a maximum of 7 working days.
PROCEDURE FOR REGISTRATION
In order to complete purchase orders, the Customer is required to register and provide some personal information, indicating a valid personal email address and creating their own personal account (hereinafter, "Account")following the registration procedure. Any information relating to the Customer may be updated by these and modified according to the procedure indicated on the Website, or by contacting directly La Piazzetta del pesce srl. For further details please refer to the privacy policy of the website www.iloveostrica.it
PRODUCTS
All the Products offered are detailed on the website www.iloveostrica.it. The visual representation of the Products on the Website, has indicative value and normally corresponds to the photographic image of the Products and has the sole purpose of presenting them for sale, without any guarantee or commitment, by La Piazzetta del pesce srl, the exact correspondence of the image depicted on the Website with the actual Product; and this, with particular regard to its real size and/or the chromatic aspects of the Products and/or packaging. In case of difference between the image and the written product sheet, the description of the product sheet is always valid.
PROCEDURES FOR PURCHASING PRODUCTS
The Customer may purchase the Products present in the electronic catalogue detailed on the Website www.iloveostrica.it, as described in the relevant information sheets. Purchase orders must be filled properly and in their entirety. The Customer must select the Products of interest that will be added in the "Shopping Cart" section of the Site and then proceed with the purchase. The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure in the appropriate field "Shipping Address". All purchases will be delivered by own means, or courier delegated by this. After this operation the Customer will see a screen containing the summary of the purchase order, including shipping data, with the request for confirmation to the purchase procedure. Before sending the order, if the Customer needs to modify all or part of the Products to be purchased, or to change some data contained in it, must follow the appropriate modification procedure contained on the Site by accessing the Shopping Cart. section. In particular, the Customer will have the right to change the quantity and type of products he intends to purchase, adding or eliminating one or more. After sending the order it is no longer possible to modify its contents. After entering the data necessary for delivery, and the order, the Customer undertakes to verify its correctness and to promptly communicate any corrections. Possible additional costs caused by errors in the data not reported in time, will be the sole responsibility of the Customer.
The Piazzetta del pesce srl is committed to always provide products of excellent quality. However, it is possible that there may be occasional unavailability of the Products offered, for example depending on the variability of weather conditions or problems encountered during the transport phase (late departures from fishing sites, road network slowdowns, broken vehicles). In this case, if the Products chosen and ordered by the Customer are not available in whole or in part, a communication will be sent to the Customer, to agree on the transfer of the delivery date or partial delivery of the order, or the cancellation; in the latter case, the order will be fully refunded and nothing more will be due by the parties for Force Majeure Cause. The Customer may at any time verify the content of the orders concluded by accessing his personal area of the Website, such data will be available for a period of 12 months from the date of the order.
INVOICING
La Piazzetta del pesce, issues related accounting document to the Products sold, at the moment when the Products are shipped to the Customer, sending copy of it, upon explicit request, by e-mail to the Customer within 7 days from the shipment. As regards the accounting documentation, the information provided by the Customer shall be authentic. No change in data will be possible after the issue of the accounting document.
PRODUCT DELIVERY
Piazzetta del pesce srl uses safe packaging for deliveries that guarantee the integrity perfect fragrance and freshness of the product. The transport is entrusted to selected couriers who assume full responsibility for the delivery.
Once the order is placed it will no longer be possible to change the shipping address. It is recommended to check the shipping address entered before submitting the order by accessing the reserved area on the site in the profile data.
Deliveries are made on the days indicated on the website.
Any unavailability by the customer, to oversee the delivery operations, must be promptly communicated to La Piazzetta del pesce srl, by e-mail to info@iloveostrica.it. La Piazzetta del pesce srl, will be able to assess at its own discretion whether and how to manage the delivery to the customer, which will be required for the products ordered and not withdrawn.
The expected cost for the return of the products to the courier will be 8 €. To this will be added a further 8 € for the return, to be agreed directly via email to info@iloveostrica.it
At the time of collection of the Products, the Customer is required to carefully check that the boxes containing the Products are intact and not damaged or otherwise altered. Any damage to the packaging and Products must be immediately contested by the customer and reported to the courier, as well as to La Piazzetta del Pesce srl, by sending e-mail to info@iloveostrica.it, with relevant photos proving the damage.
The Piazzetta of the fish, undertakes, to give effect to the norms relative to the cold chain and in general to the norms of relative quality to the Products until the moment of the withdrawal of the same. All liability of La Piazzetta del pesce srl, for the bad condition of the Products due to improper storage after delivery
TIMING OF DELIVERIES
Orders placed will be delivered on the date selected by the Customer or, in case of change in the transport plan of the courier or any delays in the logistics network, or force majeure events, within the day following the date selected by the Customer.
The ordered goods travel in thermal containers containing ice, in order to ensure the respect of the cold chain even in case of unforeseen, the transport is by means of refrigereted vans.
The Products inside the refrigerated boxes are contained in special packages in a protected atmosphere, which ensure their safe consumption for several days from the moment of receipt, each package is equipped with a label that in addition to the product information, indicate the date of packaging and expiry.
All orders are prepared on the same day of shipment, and delivered within 48h, the products can then be consumed within the expiry date clearly stated on the label.
We recommend to complete the delivery notes with precise indication of the delivery place, the floor, the staircase, the presence of lifts or concierges, and to be reacheable at the indicated, the Customer undertakes to verify its correctness and to promptly communicate any eventual changes Possible additional costs caused by mistakes in the data not reported in due time, will be the sole responsibility of the Customer.
In the event that the goods, sent by courier, do not arrive within the requested deadline, the customer must contact us by sending an e-mail to info@iloveostrica.it
The Courier releases the goods only against a signature that confirms the receipt of the same. In the event that the goods have not been delivered due to the impossibility of the Customer to receive it, the latter must first contact the courier through the contact details that are left by the courier, in the event that this operation is not possible, you have to contact the telephone number indicated on the site on the page, "contacts and support".
RESPONSIBILITY FOR LATE DELIVERY
LaPiazzetta del pesce srl, is not responsible for delays not foreseeable or not attributable to it. If the delivery of the goods does not take place within the agreed time or the courier does not deliver the goods within the expected delivery time, La Piazzetta del pesce srl, will contact the customer as soon as possible and, According to the latter’s requirements, it will seek to establish another delivery time. In the event that it is not possible to reach an agreement at this regard, La Piazzetta del Pesce srl will refund the full amount paid, in case of no withdrawal from the customer, or agree a price decrease (due to delay) with the customer in case of acceptance.
PROCESSING OF PERSONAL DATA
Personal data are collected with the purpose of registering the Customer and activate the procedures for the execution of the Contract and the related accounting and tax requirements; such data are processed electronically in compliance with the laws in force and may be presented upon request only of the judicial authorities. The personal data will be communicated to the subjects delegated to the accomplishment of the activities necessary for the execution of the Contract stipulated, and in the communications with the customer, exclusively within the scope of this purpose; specifically, the data may come to the knowledge of the Owner, the Manager and those in charge of the processing of personal data, such as the forwarder. It is strictly forbidden for the customer to enter false, and/or invented data in the registration procedure necessary for the conclusion and execution of the Contract and related further communications: personal data and the address e-mail must be exclusively their own personal data and not third-party, or invented. The customer assumes all responsibility for the consequences related to the incorrect indication of their data and indemnifies La Piazzetta del pesce srl from any liability arising from the issue of incorrect tax documents due to mistakes related to the data provided by the customer.
Please refer to the privacy policy pursuant to EU Regulation no. 679/2016 ("GDPR") and Legislative Decree no. 196/2003 as amended by Legislative Decree 101/2018, viewable on the website www.iloveostrica.it in the section "privacy policy"
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions and any and all contracts finalized with the Customer are governed by Italian laws, without prejudice to the application of Community law and international treaties, where applicable, and national consumer protection legislation. For any dispute arsing and relating to the interpretation, execution, validity or effectiveness of these Terms and Conditions and any contract finalized with the Customers will be the sole jurisdiction of the Court of Bergamo, any other jurisdiction are excluded.
LIMITATION OF LIABILITY FOR MISTAKES
The information about the Products provided through the Website www.iloveostrica.it, are constantly updated. However, it is not possible to guarantee the complete absence of mistakes of which La Piazzetta del pesce srl, cannot be held responsible.
La Piazzetta del pesce srl reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update the information at any time without prior notice, without prejudice to the rights of the Customer pursuant to these General Conditions and the Consumer Code.
Accuracy of the indicated weight: the weight indicated on some products may be effected bya slight difference due to the cut of the piece or the type of product.
Label of the product: The indications on the information provided by the products may vary due to changes made by the producers that may temporarily cause variation between the information on the site and the information on the products that are delivered. We therefore invite customers to check the information on the label or on the product pack before consuming or using it
It excludes any right of the Customer to compensation for damages or to the recognition of compensation, as well as any contractual or non-contractual liability for direct or indirect damages to persons and/or property, caused by non-acceptance or evasion, even partial, of an order.