TERMS OF USE AND GENERAL CONDITIONS OF SALE

(These general clauses/conditions may be printed or filed by the client)

SUPPLIER’S DETAILS

The goods and services indicated on the carpinello.it website, which are the subject of these clauses/conditions of use and general conditions of sale, are the property of TFA Srl, as a corporation with registered office in Piazza Giusti, 437/2, 51015, Monsummano Terme PT and operations in Via P. Togliatti, 23/A, 42020, Montecavolo Quattro Castella RE.
TFA Srl is registered with the Pistoia Register of Companies with VAT / Tax Code 02146190356 REA Number PT-165331, telephone 0522 1530028, hereinafter referred to as “supplier.”
Certified electronic mail (CEM) address tfa-srl@pec.it

Acceptance of terms of use and general conditions of sale:

By using the site carpinello.it de facto you accept these terms of use and general terms and conditions; therefore, if you do not intend to accept, in whole or in part, these terms and conditions, TFA Srl asks you not to use the Site or download any material from it.

TERMS OF USE

Site content and services
TFA Srl endeavors to ensure the functionality of the carpinello.it site (hereinafter for brevity also referred to as the “site”) and all services provided through the site; by using the site and/or such services (by way of example but not limited to the creation of your account) you will also be required to comply with the rules of use of such services.

GENERAL CONDITIONS OF SALE – PUBLIC OFFER

Pursuant to Article 1336 of the Civil Code.

1) Definitions.
The expression “electronic commerce contract” means the contract having as its object goods and/or services entered into between the supplier or the operator of the e-commerce site and the customer, including the consumer, within the framework of a distance selling system, organized by the supplier, which exclusively employs one or more telematic communication techniques for such contract.
The term “purchaser” refers to the customer (VAT taxable person), a consumer who is a natural person, i.e., a natural person who makes a purchase for purposes not related to his or her business or professional activity, if any.
The expression “supplier” i.e., operator of the e-commerce site means the entity named in the epigraph, TFA Srl, who sells the goods / provides the services indicated on the site carpinello.it
2) Object of the contract
Through this e-commerce contract, the supplier sells and the buyer purchases, through telematic means, the goods and services that are listed on the website carpinello.it.
The aforementioned goods and services referred to in the preceding point, are available on the carpinello.it Web page that shows the catalog of goods and services offered.
This contract is valid only for purchases and deliveries made on the Italian and European territory.
3) Steps for the conclusion of the contract
The contract of sale and purchase between seller buyer is concluded exclusively in telematic mode; the buyer must formalize his acceptance for the purchase of goods/services provided by the site in the following way:
– Registering on the site, creating his/her own account (with user name and password or providing billing information but choosing not to create an account.
– Fill out the form attached to the online electronic catalog at carpinello.it containing the acceptance form and consent to purchase, manifested through adhesion;
– Send the form, after viewing a printable web page summarizing the order, in which the details of the ordering party and the order, the price of the products purchased, the shipping costs and any additional ancillary charges, the method and terms of payment, the address where the goods will be delivered, the timing of delivery and the existence of any right of withdrawal are indicated.
When the supplier receives from the buyer the acceptance of the order, it provides the sending of a confirmation e-mail or the display of a printable order confirmation and summary Web page, in which the data recalled by the previous point are also shown;
As soon as payment for the good/service is received, the supplier will proceed to issue the relevant tax document where required by law;
4) Buyer’s obligation to verify the labeling and indications present.
Products are depicted and made visible on the site accurately and corresponding to the characteristics they actually possess; images, descriptions and mandatory information for each product are constantly updated.
In any case, TFA Srl accepts no responsibility for any graphic discrepancies between the products illustrated on the site and those actually delivered.
The purchaser is invited and obligated to carefully examine the good materially received, especially with regard to the labeling information (ingredients, allergens, origin, expiration date, weight, format, etc.) and any other element that has proven to be decisive in the purchaser’s choice to purchase the good.
In the presence of dents, a different number of packages and/or partial opening of the package or any other obvious and evident damage on the delivered product, the buyer is invited to accept the goods delivered by the carrier subject to control, that is, by expressly affixing the words “I accept the goods delivered subject to control” when signing for delivery of the goods and demanding the indication in writing of the discrepancies found.
Failure to do so will result in the buyer losing the right to replacement and/or refund and/or termination of the contract.
5) Return Process
If the consumer detects a lack of conformity of the goods received, pursuant to Article 129 of the Consumer Code, in addition to the provisions of the preceding paragraph, the consumer is requested to immediately notify the seller by email, writing to info@tfa-srl.it and to make the goods available to the supplier;
In the event of a defect and/or non-conformity (communicated to the supplier in the manner described above), the supplier reserves the right to take back the non-conforming goods at its own expense and perform the appropriate checks on the same, in order to proceed without delay to remedy the situation, in accordance with current regulations.
The consumer may obtain, at the discretion of the supplier: 1) a refund of the price and incidental costs incurred in the purchase of the nonconforming product; or 2) an award of a shopping voucher, equal to the disbursement made, to be used in subsequent purchases within the following three hundred sixty-five (365) days from the date of notification of the defect.
6) Method of Payment
Any payment for the goods services purchased by the purchaser may be made only by the methods indicated on the appropriate page of the supplier’s website.
The use of the aforementioned methods of payment may result in additional costs being charged to the purchaser in the sole case and to the same extent that such costs must be borne by the supplier (in relation to the means of payment used by the purchaser).
Prior to the submission of the purchase order, the costs referred to in the preceding paragraph will in any event be made available.
7) Method of Refund
Any reimbursement to the purchaser will be credited by one of the methods proposed by the supplier and chosen by the purchaser (with the exception of cash on delivery) or the method least costly and burdensome for the supplier; reimbursements will be made in a timely manner and in the event that the right of withdrawal is exercised, no later than within 14 (fourteen) days from the date on which the supplier became aware of the withdrawal.
8) Shipments
The supplier will deliver the goods ordered and purchased by the buyer by courier.
The goods shall be deemed to be correctly delivered by TFA Srl. both in the event they are sent directly to the purchaser or to a person delegated by the same and in the event they are delivered to a facility indicated by the purchaser for receipt. With the delivery of the goods in the manner indicated above, the supplier is no longer responsible for damage and/or deterioration and/or other damage suffered by the goods, subsequent to delivery.
We recommend that you group your items into one order. It is not possible for us to group two separate orders placed separately, so shipping costs will be charged for each.
The boxes are appropriately large in size and your items will be well protected.
9) Shipping of fresh food products
Orders placed on carpinello.it are shipped by express couriers.
The packaging with which our products are delivered is intended for food transportation and guarantees proper preservation.
With refrigerated carriers we guarantee the maintenance of the cold chain (0-4° C) until the moment the order is delivered to the Customer, regardless of the duration of the delivery trip or the outside temperature.
With classic carriers, the packaging will have refrigerated pouches and ices that guarantee the cold chain (0-4° C) for two days.
10) Prices
All sales prices of the products displayed and indicated the inside of the site carpinello.it are expressed in euros and constitute an offer to the public pursuant to 1336 civil code.
Prices are already inclusive of VAT and any other taxes, if any; shipping costs and ancillary charges, if any, although not included in the purchase prices, will be indicated and calculated by the supplier in the purchase procedure, before the order is placed by the purchaser and, also, contained in the Web page summary of the order placed.
The prices listed against each of the goods offered to the public are constantly updated on the website carpinello.it to which reference is made to determine their validity or variation.
11) Product Availability.
The supplier shall ensure through the telematics system the use, processing and fulfillment of orders without delay.
For this purpose it indicates in real time in its online catalog the products available or unavailable.
There may, however, be technical times required to align/update the online catalog with warehouse availability, such that, there may be a discrepancy between the actual availability of the product and the contents of the site, a circumstance that cannot currently be overcome under the common rules of experience, diligence and fairness, and the technical knowledge employed by the ordinary professional in the field.
Should an order exceed the existing quantity in the warehouse, the supplier by e-mail or other means (including telephone) will let the buyer know that the product will no longer be bookable or what the waiting time is to obtain the chosen good, asking whether or not he intends to confirm the order.
The supplier’s computer system confirms, in the shortest possible time, the successful registration of the order by forwarding it to the user by e-mail, in accordance with Article No. 3 above.
12) Limitation of Liability.
The supplier assumes no liability for inefficiency due to force majeure.
The supplier shall also not be liable for damages, losses and costs incurred by the buyer as a result of non-performance of the contract due to causes beyond his control.
Failure to execute the contract for reasons attributable to the supplier will only entitle the purchaser to a full refund of the price paid and any ancillary charges incurred, any other item of damage being expressly excluded.
The supplier assumes no liability for any fraudulent and/or illicit use that may be made by third parties of credit cards and other means of payment, when paying for the purchased products, since, as of now, it declares to take all possible precautions based on ordinary diligence and the best science and experience.
13) Fault of the injured party
In cases of contributory negligence on the part of the injured party and/or purchaser, compensation shall be assessed in accordance with the provisions of Article 1227 of the Civil Code.
Compensation is not due when the injured party and/or purchaser was aware of the defect in the product or could have been aware of it using ordinary diligence and of the danger arising therefrom and nevertheless voluntarily exposed himself to it.
14) Buyer’s Obligations.
The purchaser agrees to read and accept these general conditions of sale.
The buyer agrees to pay the price of the purchased goods at the time and in the manner specified in the contract.
The purchaser agrees, upon completion of the online purchase process, to arrange for the printing and storage of this contract should he or she deem it necessary.
The buyer agrees to update their data in order to ensure the proper conclusion of the contract.
The purchaser declares, by concluding the contract, to have read and accepted the general clauses/conditions of sale, as well as the conditions of use, acknowledging them also by concluding fact, as this step is made obligatory before the confirmation of purchase.
15) Right of withdrawal and return procedure
The right of withdrawal is excluded by the regulations of the Consumer Code ex art. 59 in peremptory hypotheses and in particular, for the case of supply of goods that are likely to deteriorate or expire quickly by way of example and not exhaustive fresh products.
16) Arrangements for archiving the contract.
The supplier informs the purchaser that this contract may be printed or archived on the purchaser’s own devices.
17) Communications and complaints
Written communications directed to the supplier and any complaints will be considered valid where sent to the following email address info@tfa-srl.it or by registered mail with return receipt to TFA Srl, Via P. Togliatti, 23/A 42020 Montecavolo Quattro Castella (RE) – ITALY or transmitted by pec tfa-srl@pec.it
18) Jurisdiction and applicable law.
The place of jurisdiction is Pistoia, registered office of the creditor-supplier.
Only in the event that the customer is a private consumer who is not a VAT holder or a legal person (as per the provisions of the Consumer Code) he/she may invoke his/her place of residence in the event of a dispute.
This contract is governed by Italian law and shall be interpreted in accordance with that law.