Article 1. Scope
These general conditions regulate the online sale by SALIS PASQUALE & FIGLI S.S. AGRICOLA, with registered office in Via Roma 25, 08015 Macomer (NU), VAT Number 00621070911 (the “Seller”) to the purchaser (the “Purchaser”) of products selected and ordered by the Purchaser among those listed in www.nuraghelighe.it website’s menu and available at the time of the order.
The service is provided only for purchases to be delivered within the EU.
Once the order is placed by the Purchaser, the Seller shall confirm in the registration of the purchase order made by the Purchaser in real time, by email to be sent to the account indicated by the Purchaser and/or by an online message which shall appear on the website’s checkout page. The contract (the “Contract”) shall be executed, and therefore effective, binding and enforceable between the parties, at the time the purchase order is confirmed as above.
In case of any unforeseen shortage in the stock of products due to an excess in demand or to other causes, the Seller shall promptly notify to the Purchaser the unavailability of the ordered product/s and shall fully refund him/her with all sums paid.
The Seller reserves the right not to accept purchase orders which are incomplete and/or improperly filled out.
Article 2. Purchaser‘s Obligations
The Purchaser agrees, once the online sale process is completed, to print and /or file these general conditions which, however, he/she will have already read and accepted
as a necessary step in the purchase process. The Purchaser further agrees to print and /or file the specifications of the product/s purchased. This is to fully satisfy the conditions set forth under articles 52 and 53 of Legislative Decree no. 206/05.
The Purchaser is strictly banned to enter false and/or invented data in the registration
process required to complete the online sale and to send him/her the connected notices and communications. Furthermore, the personal details and the email address entered during the registration process must belong to the Purchaser and not to any third party. The Purchaser must not be underage.
Article 3. Delivery means and timing
The Seller undertakes to deliver to the Purchaser, at the place specified by him/her and by courier, the products he/she selected and ordered. The delivery time, from the time of confirmation of the order, may vary from a minimum of three days to a maximum of eight days. No responsibility can be attributed to the Seller in case of a delay in the delivery by the courier.
Article 4. Damage in transport/warehousing
In the event that the Purchaser finds any
external damage to the packaging or the mismatch in the number of packages, he/she must immediately reserve, in writing on the courier’s delivery document, the right to check the items or alternatively refuse the damaged package’s delivery by handwriting the relevant reason of the refusal on the waybill required to be signed by the courier as proof of the delivery.
The Purchaser who accepts the delivery subject to his/her right of checking the items and subsequently discovers a damage in the purchased product/s, or following the delivery discovers a damage not visible from the outside or a mismatch in the number of the products received, must, within 2 working days upon delivery, report the damage by sending a registered letter, return receipt requested, to the Seller. The Purchaser shall specify, in addition to the reason of the complaint, the purchase order and invoice number.
Following the complaint made by the Purchaser, the Seller will replace the damaged product/s. In the event that, for any reason, the Seller is not able to replace the product/s, it shall at its own discretion elect to either refund the Purchaser with the full amount paid or replace the product/s with another one/others having equal or superior characteristics.
In case the Purchaser fails – within 5 working days of warehousing storage – to collect the good/s placed in warehousing storage by the courier due to repeated inability to deliver such good/s at the address specified by the Purchaser when completing the purchase order, the purchase order will be automatically cancelled and the Purchaser will not be entitled to any refund.
Article 5. Right of withdrawal
The Purchaser, to be considered as a consumer pursuant to art. 3, letter a), of Legislative Decree no. 206/05, has the right to terminate the Contract, without penalty and without any duty of motivation thereof whatsoever, within 14 working days from the date of receipt of the purchased good/s or, should its/their expiry be closer in time, within the shorter term that the Seller shall mention in the package thereof.
The right of withdrawal shall be exercised by the Purchaser by sending a written notice thereof to the Seller by registered letter, return receipt requested. The notice must mention the purchase order number, the intention to withdraw from the purchase and the relevant product/s; the Purchaser shall also attach a copy of an identity document and a copy of the Seller’s invoice for the purchase, and shall indicate both a phone number which he/she may be contacted at and the details of the bank account on which he/she shall receive the refund of the amount paid.
The notice can be sent, within the 10-day term set out above, by email as well, provided it is confirmed by registered letter, return receipt requested, within the next 48 hours.
Upon receipt of the cancellation notice by registered letter, the Seller will instruct the Purchaser by phone or email to ship the purchased product/s back and shall provide him/her with the relevant shipping address and details.
The right of withdrawal is subject to the following conditions:
• the Purchaser may only return the purchased product/s in its/their entirety (full box) and not just a part of the said product/s;
• the Purchaser must ship the product/s carefully packed in its/their original packaging, complete with all original contents;
• at all times before shipping the product/s back to the Seller, the Purchaser shall arrange to properly store it/them (being it/them perishable daily product/s, it/they must be kept refrigerated at a temperature not exceeding 4°C, in order to avoid altering its/their organoleptic characteristics ).
The shipment by the Purchaser must be made via courier within 8 working days from receipt of the instruction notice from by the Seller. The shipment, until received by the Seller, will be at the Purchaser’s responsibility and risk.
Upon receipt of the product/s, the Seller will
verify its/their integrity refund to the Purchaser the amount he/she had paid for it/them.
The costs incurred in by the Purchaser to return the product/s to the Seller, in case of exercise of the right of withdrawal herein granted to the Purchaser, shall be borne by the Purchaser him/herself.
The integrity of the good/s returned is an essential condition for the exercise of the right of withdrawal.
Provided that the right of withdrawal is exercised by the Purchaser in accordance
with the provisions of this Article, the Seller shall reimburse him/her with the sums he/she paid for the purchased product/s, deducted the cost of returning it/them, within 30 days from the date of receipt of such product/s in restitution.
Article 6. Prices
The Purchaser shall pay to the Seller for purchased product/s the price indicated in www.nuraghelighe.it website’s menu as at the time of the order.
Such price will be expressed in Euros and will be VAT excluded.
Products’ prices can be updated and therefore subject to daily changes.
Article 7. Promotions and gifts
Any promotions proposed by the Seller and the offer of any free gifts are valid until stocks run out of products and within purchase limits as set out in www.nuraghelighe.it website. The promotional products can be delivered in promotional packs, different from those published on www.nuraghelighe.it website.
No replacement or return is possible in connection with any products received for free by the Purchaser.
Article 8. Liability
In case of failed delivery by the Seller of the product/s purchased by the Purchaser within the term set out under Article 3 above, the Purchaser shall have the right to terminate the Contract by sending a registered letter, return receipt requested, to the Seller, indicating the purchase order and the invoice number, as well as the Purchaser’s bank details for the refund of the sums paid.
The Seller shall not be liable for breaches or delays on its part, if due to force majeure events of any nature and kind including, but not limited to, accidents,
explosions, fires, strikes and/or lockouts,
earthquakes, floods and other similar events, as well as orders, bans or injunctions by the Public Authority, the strike of employees of the Sellers or of carriers the Seller uses, as well as any other circumstance which is beyond the control of the Seller.
Subject to the provisions of art. 8 of UE Directive no. 97/7 and of art. 56 of Legislative Decree no. 206/05, the Seller assumes no responsibility for any fraudulent use made by third parties of the data of the credit card provided by the Purchaser.
Article 9. Payments and Billing
The Purchaser shall pay the ordered products as follows: via PayPal circuit or by Bank Transfer (payable to SALIS PASQUALE & FIGLI S.S. AGRICOLA, Unicredit bank branch in Macomer [NU], IBAN code: IT 89 85 341 000 010 914 892 R 02008, SWIFT/BIC code: ………………………..), specifying the purchase order number.
Credit cards accepted by the Seller are: VISA, MASTERCARD, PAYPAL
PREPAID CARD, DISCOVER, AMERICAN EXPRESS, AURA.
If credit card is selected as payment method, by filling in the relevant form on www.nuraghelighe.it website, the Purchaser shall authorise the Seller to charge the amount of his/her purchase order on his/her credit card.
The payment will be inclusive of shipping costs charged to the Purchaser according to the terms set out in www.nuraghelighe.it website. The Seller shall send the invoice
by email to the Purchaser, in accordance with art. 14 of Presidential Decree no. 445/00 and
Law Decree no. 52/04, utilising details provided by the Purchaser when making his/her purchase order. No change in the purchase order will be possible after the invoice is issued.
Article 10. Termination
The obligations assumed by the Purchaser
under Article 2 above (Purchaser’s Obligations) and the successful outcome of the payment to be made by the Purchaser
are essential elements of the Contract, so that it is hereby expressly agreed that failure by the Purchaser to comply with any one of these obligations will lead to Contract termination as per article 1456 of the Italian Civil Code, without the need of a judicial decision thereabout, thereby remaining unaffected the right of the Seller to sue for
Article 11. Amendments
The Seller reserves the right to change these general conditions at any time, by posting on www.nuraghelighe.it their updated version.
Any new provisions will be effective for purchases made after the change occurred.
Article 12. Applicable law
This agreement is governed by Italian law. These general conditions shall be integrated, for any aspect which is not dealt with herein, by the provisions of Legislative Decree no. 206/05.
Article 13. Privacy
The Purchaser’s personal data shall be processed by the owner (“the Owner”) only for the purpose of performing the Contract; such data will not under any circumstances be licensed to third parties. The Owner is Mr. Antonio Pasquale Salis, in his role as legal representative of SALIS PASQUALE & FIGLI S.S. AGRICOLA, with registered office in Via Roma 25, 08015 Macomer
(NU), VAT Number 00621070911.
Article 14. Jurisdiction
Any dispute regarding the construction, execution, interpretation or performance of the Contract is subject to Italian jurisdiction and shall be decided upon by the Courts of the place of residence or domicile of the Purchaser, if in Italy, or otherwise of the venue in Italy which the Purchaser shall elect.
• Fully accepts the above general conditions
• Pursuant to articles 1341 and 1342 of the Italian Civil Code, the declares to have carefully read and understood
and to accept the following clauses of the general conditions: 2. (Purchaser’s Obligations), 4. (Damage in transportation/warehousing), 5. (Right of withdrawal), 8. (Liability), 10. (Termination)