1. SELLER’S DETAILS:
The seller is NOTPASTA di Giovanni Tommasi, an Italian sole proprietorship represented by its sole proprietor and legal representative Tommasi Giovanni, with registered office in Bologna, postcode 40134 – via Nino Bixio Scota 13, revenue code TMMGNN87M03A944M; VAT no. 0652186048, listed in the Bologna Company Register, Economic & Admin. Index (REA) no. 518845; email firstname.lastname@example.org; certified email email@example.com hereinafter NOTPASTA
2. GENERAL PROVISIONS
2.1 These GENERAL CONDITIONS AND TERMS of Sale (hereinafter the GENERAL TERMS) shall apply to the distance offering and selling of the articles defined below via the website www.notpasta.com (hereinafter the WEBSITE), exclusively owned by NOTPASTA (hereinafter the PRODUCT(S));
2.3 NOTPASTA hereby reserves the right to change these GENERAL TERMS at any time. In any case, the GENERAL TERMS applicable to an ORDER shall always be those that were accepted by the Customer (hereinafter the CUSTOMER(S)) on sending in an ORDER.
2.4 To purchase any articles through WEBSITE, the CUSTOMER declares: a) being of age and, for underage persons, having been authorised to do so by a legal representative or adult with parental authority; b) being a CONSUMER, meant as a natural person whose actions are meant for purposes not associated with any business activity, craft, enterprise or profession c) owning a valid prepaid or not prepaid credit card or a Paypal account; d) that any data supplied for the performance of the agreement are true and correct.
2.5 Any NON-CONSUMER CUSTOMERS wishing to purchase the PRODUCTS for purposes associated with their business activity, craft, enterprise and/or profession at their physical points of sale are required to directly make arrangements with NOTPASTA by contacting the email address firstname.lastname@example.org; no purchase of PRODUCTS through the WEBSITE will be possible for the above purposes.
2.6 The agreement with NOTPASTA is executed in Italian language and governed by the laws of Italy, including legislative decree no. 206 of 6 September 2005 as subsequently amended (i.e. the Consumer Code) and legislative decree no. 70 of 9 April 2003 (Implementation of Directive 2000/31/EEC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market).
3. CHARACTERISTICS OF PRODUCTS
3.1 By using the WEBSITE, Customers (hereinafter CUSTOMERS collectively or the CUSTOMER individually) are allowed to purchase the PRODUCTS featured in the WEBSITE.
PRODUCTS shall include clothing items and/or accessories, (art) objects and furnishing elements exclusively manufactured by Italian companies, craft businesses and artists accurately selected by NOTPASTA depending on the qualitative level of materials and production technique.
The posting of each PRODUCT on the WEBSITE shall be for a period to be exclusively decided by NOTPASTA, which hereby reserves the right to fully or partially change PRODUCTS posted on the WEBSITE at the end of the posting period.
3.2 Any information on the PRODUCTS will be shown on the WEBSITE and provided in accordance with articles 49 and 51 of the Consumer Code.
NOTPASTA shall ensure that any details, descriptions, and pictures of articles posted on the WEBSITE are correct at the time on which their relevant information is posted; however, within the limits permitted by law, it hereby makes no warranty that the details, descriptions, or pictures of those articles are accurate, complete, reliable, updated or free of errors.
3.3 The special characteristics and good quality of PRODUCTS shown on the WEBSITE justify their limited availability. With special reference to clothing items and accessories, although articles shown on the WEBSITE are made in various sizes, any change in the size of a given article may imply differences in its characteristics (colour, fabric, finish, etc.).
4. PRICES AND SHIPMENT COSTS
4.1 The prices of the articles shown on the website are inclusive of VAT and denominated in Euro. The VAT rate shall be that applicable at the time of the purchase.
4.2 NOTPASTA regularly checks that the prices of PRODUCTS featured in the WEBSITE are correct. However NOTPASTA hereby makes no warranty as to the absence of errors in any of the prices shown. In the event that a price shown on the WEBSITE is found to be incorrect, NOTPASTA hereby reserves the right to directly contact CUSTOMERS to check their intention to buy the article at the correct price or to cancel the ORDER at no extra cost charged to them. It is understood that, in that event, the CUSTOMER shall not be entitled to any damage or cost on no account whatsoever.
4.3 The shipment costs to Italian destinations of the PRODUCTS for which an ORDER was placed of an amount higher than €. 150,00 shall be paid by NOTPASTA; the same costs for placed ORDERS of an amount lower than €. 150,00 shall be paid by CUSTOMER.
For any shipments to other EU or non-EU countries a price premium shall be applied. When a CUSTOMER selects a destination country other than Italy, shipment costs will refresh automatically. In any case customs duties, whenever required by the applicable legislation, shall be charged to the CUSTOMER.
For any information on international shipments and customs restrictions applicable in countries other than Italy, kindly contact NOTPASTA on email address email@example.com.
5. PURCHASE TERMS
5.2 After submitting an ORDER, a sale shall only be considered confirmed at the time of NOTPASTA’s acceptance of the ORDER – to be formalised by sending the CUSTOMER an emailed acknowledgement of receipt of the same ORDER.
5.3 On submitting the ORDER the CUSTOMER will receive a second email containing a link to the information on the current status of the shipped ORDER.
5.4. For ORDERS to be shipped to different destinations or any requests for customised packaging, kindly contact firstname.lastname@example.org.
5.5 NOTPASTA reserves the right to suspend or cancel the processing or shipment of an ORDER, irrespective of its nature or level of advancement, if the CUSTOMER has failed to pay or partially paid any sums due by the CUSTOMER, or in the event of any issues involving payments, frauds or attempts at fraud in the use of the website, whether they relate to the current order or any previous orders.
6. TERMS OF PAYMENT
6.1 CUSTOMERS may pay for the PRODUCTS listed in their placed ORDER by any of the following prepaid or non-prepaid credit card accepted by NOTPASTA:
– Visa, Mastercard or Paypal
at no extra costs payable by the CUSTOMER in addition to those already paid for the use of the above payment systems;
6.2 The price of any ordered PRODUCTS will be charged at the time of the CUSTOMER’s placing an ORDER. When purchasing PRODUCTS on the WEBSITE, CUSTOMERS will expressly be required to pay concurrently with the placement of an ORDER (“order with obligation to pay”);
6.3 Credit card holders are subject to validity checks and clearances from the issuer of the credit card used by the CUSTOMER. NOTPASTA shall not be held liable for a delayed or failed delivery of the PRODUCTS listed in the placed ORDER if a credit card issuer fails or refuses to authorise the charging of an amount on a credit card for any reason prior to or after each payment transaction.
7) DELIVERY AND CLAIMS
7.1 Deliveries shall be made by a shipping agent to the address advised by the CUSTOMER at the time of placing an ORDER. The parcels containing any ordered PRODUCTS may not be delivered to Post Office boxes.
7.2 NOTPASTA hereby undertakes to process ORDERS in the shortest time possible to ensure their prompt delivery; NOTPASTA however makes no warranty as to the exact delivery date (for parcels containing any ordered PRODUCTS), even if such date is meant to be indicative as its liability in such respect terminates when a parcel is entrusted to the shipment agent.
7.3 Any claims from the CUSTOMER shall be sent to the registered office of NOTPASTA as stated above by certified mail, or if sent by certified email, to the address stated above (it being understood that a copy will have to be sent in advance to email@example.com).
8. RETURNS AND REPLACEMENTS OF ORDERED PRODUCTS
8.1. CUSTOMERS are entitled to request the replacement of any ordered PRODUCT if they made errors in entering a PRODUCT size or colour on placing an ORDER, provided they notify NOTPASTA of such error and request a replacement by certified mail or certified email; in both cases, a copy of the request shall be sent by email immediately after receiving the parcel containing the ordered goods.
Any late notices shall not be considered by NOTPASTA; in any case NOTPASTA will not proceed with any replacements if it should find out that the CUSTOMER has used and/or deteriorated the PRODUCT after opening the parcel.
Any PRODUCT(S) to be returned shall be shipped to NOTPASTA in the same parcel in which it was/they were received by the CUSTOMER; however, if need be, any shipment costs for a returned PRODUCT or for a PRODUCT requested in replacement shall be paid by the CUSTOMER.
The replacement of a PRODUCT by NOTPASTA is in any case subject to its availability, which is limited on the ground of the high qualitative level of posted PRODUCTS as specified in clause 3.3. hereof. In this respect NOTPASTA shall not be liable to any compensation or cost whatsoever to be paid to the CUSTOMER for any unavailability of PRODUCTS to be offered in replacement.
9. OPT-OUT CLAUSE
9.1 CUSTOMERS are entitled to opt out of the agreement entered into with NOTPASTA, without giving any reason or being required to pay a penalty. They may do so within 14 days of receiving the ordered goods by a notice of withdrawal to be sent to NOTPASTA by certified mail to be sent to its registered office in Bologna -40134, Via Nino Bixio Scota 13, or by certified email to firstname.lastname@example.org.
9.2 All CUSTOMERS having exercised their right to withdraw are required to return the PRODUCTS to NOTPASTA without undue delay and, in any case, no later than 14 days of the date on which they announced their intention to opt out of the agreement. The shipment costs needed for the return of PRODUCT(S) shall in any case be paid by the CUSTOMER. Any PRODUCTS returned to NOTPASTA following the CUSTOMER’s exercise of his or her right to withdraw shall reach NOTPASTA perfectly intact and undamaged in the same parcel in which they were received.
9.3 Correspondingly, after having been informed of the withdrawal by a CUSTOMER, NOTPASTA shall refund the CUSTOMER of the price previously paid for the purchase of the PRODUCT(S) within 14 days of the date on which it has been informed by CUSTOMER of the decision to opt out. In any case, before paying a refund, NOTPASTA may first wait to receive the sold PRODUCTS and check that they are intact.
10. NON CONFORMITY
10.1 Pursuant to art. 129 of the Consumer Code, NOTPASTA shall deliver to the CUSTOMER PRODUCTS that conform with the purchase agreement, i.e. PRODUCTS in relation to which the circumstances under par. 2, items a) b) and c) of the above article of the Code concurrently apply, except as otherwise provided for under clause 3.2 hereof.
In any case, the provisions under paragraphs 3, 4 and 5 of article 129 of the Consumer Code shall apply. In no event may the usual wear and tear of a PRODUCT be assimilated to nonconformity.
In the event of nonconformity, the CUSTOMER shall be entitled to the replacement or repair of the purchased article at no additional cost. Alternatively, depending on the CUSTOMER’s decision, a reduction will be applied to the price, or the contract shall be terminated pursuant to art. 130 of the Consumer Code.
10.2 Pursuant to art. 132 of the Consumer Code, NOTPASTA shall be liable for any nonconformity of an item that becomes apparent within two years of the delivery date. Consumers will lose their rights under art. 130, par. 2 of the Consumer Code, if they fail to inform NOTPASTA of the nonconformity within two months of the date on which the nonconformity was found. Unless proved otherwise, any nonconformity appearing within six months of the delivery of the article is presumed to have already existed prior to that date, provided that such existence is not disproved as incompatible with the nature of the article or of the type of nonconformity.
10.3 In any case, no claim for any nonconformities not deliberately concealed by the seller will be accepted if filed after twenty-six months of the delivery of goods.
11. PROCESSING OF PERSONAL DATA
11.1 CUSTOMERS’ personal data shall be processed in accordance with the PRIVACY DISCLOSURE NOTICE to be read on WEBSITE page………………………………….
12. COURT OF COMPETENT JURISDICTION
12.1 Any dispute on the application, performance, interpretation or breach of this agreement shall be referred to Italian courts and specifically the court having jurisdiction in the place where the CONSUMER CUSTOMER has his or her legal or temporary domicile or, for CONSUMER CUSTOMERS residing abroad and NON-CONSUMER CUSTOMERS (as stated in clause 1.5 hereof) the Bologna Court.
13. OUT-OF-COURT AND CONCILIATORY SETTLEMENT OF DISPUTES
13.1 CUSTOMERS are entitled to initiate an out-of-court settlement of a dispute with respect to its contractual relation as consumer before the bodies expressly instituted by Italian Chambers of Commerce pursuant to law no. 581 of 29 Dec. 1993, or to resort to mediation procedures pursuant to legislative decree 28/2010 as subsequently amended, on the terms and conditions required by the body chosen by the CUSTOMER. Optionally, voluntary, arms-length negotiation procedures, as envisaged by art. 2, par. 2 of the above legislative decree, and any applicable claim procedures envisaged by Service Charters may also be applied.
In any case, the CUSTOMER will be entitled to resort to conciliation procedures for the settlement of any disputes with respect to its contractual relation as consumer by using one of the solutions provided for by the applicable legislation and at the time of executing the purchase agreement.
14.1 These GENERAL TERMS, as from time to time amended, shall apply for as long as the PRODUCTS remain posted on the WEBSITE.