General Terms and Conditions of Sale for Businesses and Professionals
1. Definitions
The terms set forth in these general conditions (the "General Conditions") with an initial capital letter shall have the meaning hereinafter attributed to them, with the clarification that the reference to the singular also includes the reference to the plural and vice versa: Romanengo: Pietro Romanengo fu Stefano S.r.l., VAT number 00269340105, registered with the Genoa Companies Register under number REA 0259468, with registered office in Genoa, via Soziglia 74/76 r, postcode 16123, email address: info@romanengo.pro. Product Catalogue: the list of Romanengo Products that can be purchased, where available, published and periodically updated on the Website. Customer: the natural person, over eighteen years of age, or the legal person, acting for purposes related to their business, commercial, craft or professional activity, if any. Order Confirmation: the confirmation of the Purchase Order sent by Romanengo to the Customer after verifying that the economic transaction has been successful.
Contract: the contract between Romanengo and the Customer which is deemed concluded upon receipt by the Customer of the Order Confirmation sent by Romanengo and is understood to include these General Conditions. Law: any Law, decree, regulation, directive or legislation, national or local, order or decision, Italian or foreign, of any authority, applicable to the sale of the Products. Purchase Order: the order transmitted by the Customer to Romanengo through the appropriate form on the Website, after confirmation of Product availability. Products: the confectionery products best listed in the Romanengo Product Catalogue, offered for sale on the Website from time to time. Retail Outlet: Romanengo's retail outlet, located in the Municipality of Genoa, which the Customer may choose as an alternative to shipping, where the Customer may collect Products purchased online during the opening hours indicated and within the established times. Product Sheet: the descriptive sheet of each Product, available on the Website, which illustrates its main characteristics in accordance with the provisions of the Law.
Website: Romanengo's website www.romanengo.pro where Products can be purchased. Seller: Romanengo.
2. General information
2.1 These General Conditions of sale are drawn up in accordance with the provisions of the Civil Code, as well as the applicable sector regulations, and govern the offer and sale of products through the Website. 2.2 The Seller of the Products and owner of the Website is the company Romanengo. 2.3 The Customer is a natural person, over eighteen years of age, as well as a legal person acting on the Website for purposes related to any business, commercial, craft or professional activity carried out. In the case of customers falling within the definition of consumers as per the Consumer Code, the General Conditions of Sale for Consumers available on the Website will apply.
3. Scope and effectiveness of the General Conditions
3.1 The General Conditions govern the distance purchase of Products made available through the Website and form an integral part of every Purchase Order and Order Confirmation or any transaction of Products on the Website. The updated version of the General Conditions can be consulted on the Website and also through the link contained in the Order Confirmation email. 3.2 The General Conditions apply to and govern all sales contracts concluded through the Website: every purchase made through the Website implies for the Customer full knowledge and unconditional acceptance of the General Conditions. 3.3 The General Conditions may be subject to changes and variations at any time, and the Customer, who accesses the Website to purchase Products, is required to carefully read the aforementioned General Conditions before proceeding with any purchase. 3.4 In any case, each sale of Products will be governed by the version of the General Conditions available on the Website on the date the Purchase Order is sent by the Customer.
4. Product Information
4.1 The Customer acknowledges and is informed that information relating to the essential characteristics of the Products, including their prices, can be consulted on the Website within each Product Sheet. In the Product Catalogue, each product is accompanied by a descriptive sheet illustrating its main characteristics. The images of the Products published on the Website are, however, to be considered merely indicative, as they may not faithfully correspond to the real ones due to the devices used by the Customer for viewing the Website or due to the settings of the computer systems. 4.2 The Product Catalogue will be periodically updated by the Seller who, therefore, does not provide guarantees that each Product will always be included in the list of Products available online.
5. Information
for the conclusion of the Contract
5.1 To proceed with the purchase of the Products, the Customer must fill out the appropriate login form on the Website. By filling out the login form, the Customer certifies, under their exclusive responsibility (i) the truthfulness and correctness of the data provided for activating the service and, in the case of a natural person, (ii) that they are eighteen years of age or older. Alternatively, the Customer may purchase the Products as a "Guest", without registering, but simply by entering the data required for identification and for the delivery of the purchased Products before proceeding to fill out the order form referred to in article 5.3 below. In this case, their data will not be saved for future purchases. 5.2 It is the Customer's exclusive responsibility to keep login information strictly confidential, not communicating it to third parties, in order to avoid, as far as possible, any risk of intrusion into the Customer's account and the sending of Purchase Orders by unauthorized persons or persons other than the Customer. 5.3 After filling out the login form, the Customer must fill out an electronic order form, prepared by the Seller, following the instructions on the Website. 5.4 In any case, before sending the Purchase Order, the Customer undertakes to carefully read the General Conditions, displayed during the Purchase Order registration procedure, which they expressly declare to have understood and accepted without reservation by checking the appropriate box on the Website. More specifically, the Customer undertakes to review the information on the essential characteristics of the ordered Products, their prices, payment methods and Product return times.
5.5 Once the Purchase Order has been completed and the chosen delivery method has been selected, the Customer may modify the previously entered shipping address. To finalize each Purchase Order for Products, the Customer must then confirm the economic transaction concerning the payment of the price of the Products placed in the cart; for this purpose, once the procedure for selecting the Products and confirming the Customer's data has been completed, the Customer is asked to click on "Confirm", choose the payment method and, in case of choosing payment by electronic systems, the Website will redirect the latter to the payment processor's page. 5.6 Successful payment is certified both by a confirmation message from the payment processor and by the Order Confirmation. In the absence of such messages, Purchase Orders are considered as never having been placed. 5.7 After receiving confirmation of successful payment as indicated in the Purchase Order, the Seller will send the Customer, via an email to the email address provided during login, the Order Confirmation. The Order Confirmation communication – which, without prejudice to what is indicated below for the case of Products no longer available in stock, constitutes definitive acceptance of the Purchase Order and leads to the conclusion of the Contract between Romanengo and the Customer – contains a reference to these General Conditions, the order number, billing data, a list of the ordered Products with their essential characteristics, the option selected by the Customer between collection at the Retail Outlet and delivery by shipping, if the relevant option has been selected, the delivery location of the Products to be shipped and shipping costs, as well as the total price of the purchased Products. The Seller is obliged only to deliver what is available in stock and cannot be held responsible if, after sending the Order Confirmation, it turns out that the Product or one of the ordered Products is no longer available in stock. In such a case, the Seller will promptly contact the Customer to propose alternative Products to those out of stock or to cancel the payment, at the Customer's choice and discretion. 5.8 The Customer acknowledges that, before completing the online purchase procedure described above, they must verify the correctness of the data provided and correct any entry errors and, once the Order Confirmation is received, they must print and keep it and the attached General Conditions or in any case save or reproduce a copy. The Order Confirmation will be archived by the Seller in the Website's database for the time strictly necessary for its fulfillment and then deleted. Registered Customers can access the Purchase Order placed by consulting the "My Orders" section of the Website.
6. Product prices, payment terms and methods
6.1 The prices of the Products displayed on the Website are expressed in Euros and are inclusive of all taxes and duties and, in the event that the Customer opts for direct delivery to the indicated address, also of transport and delivery costs (as better indicated in the "Shipping Information" section). 6.2 The prices in force from time to time are those published online at the time the Purchase Order is sent by the Customer, so it is the Customer's responsibility to check the price of the Products before placing the Purchase Order; the prices applied by the Seller may be subject to change without prior notice. 6.3 Payment for the Products can be made by bank transfer or through the Stripe payment platform which offers a secure online payment service. Payment data in the latter case is protected through the use of the most advanced technological and encryption systems (SSL) and credit card, PayPal or other electronic payment system data used is processed directly by Stripe and is not known by Romanengo. 6.4 In case of selection of payment by bank transfer, the Customer will receive an email summarizing the Purchase Order and the bank details to make the payment. Only after the payment has been credited will Romanengo send the Order Confirmation.
7. Delivery terms and product verification
7.1 Products are delivered by the Seller, at the Customer's choice, (i) at the Retail Outlet, if confirmed by the Seller in the Order Confirmation communication, during the opening hours indicated therein; (ii) directly to the delivery address indicated by the Customer on the order form present on the Website. 7.2 In the case referred to in option 7.1(i), the Customer undertakes, therefore, to collect the Products at the Retail Outlet, during the opening hours indicated in the Order Confirmation communication, starting from the day indicated on the Order Confirmation and by presenting a copy thereof. If the Customer does not collect the Products at the Retail Outlet within the peremptory term of 5 (five) days from the date indicated in the Order Confirmation, the Products will no longer be consumable and/or marketable and must necessarily be disposed of according to Law, at the Customer's risk, and no refund will be due to the latter. 7.3 Upon collection or delivery of the Products, the Customer undertakes to verify the integrity of the packaging of the Products delivered and the correspondence of the Products delivered with the items listed in the Order Confirmation communication. Should the Customer, upon collection/delivery of the Products, find that the packaging of the Products is not intact and/or the Products delivered do not correspond to those listed in the Order Confirmation, the Customer must refuse the collection/delivery of the Products. 7.4 The delivery of the Products will be carried out as indicated in each Order Confirmation and, if the option of delivery by shipping has been selected, "ex works" or "franco fabbrica", in any case excluding any responsibility of the Seller for anything concerning the transport of the Product and its fate subsequent to delivery to the courier at the Seller's establishment.
7.5 Upon collection of the Products by the appointed courier, the transport document will be issued, which will be countersigned by the courier's employee and will serve as proof for everything described and indicated therein.
8. Warranties, forfeitures, limitations of liability and "solve et repete" clause
8.1 The Seller provides legal warranties for defects and/or faults in the Product for each Purchase Order, under the terms and conditions set out below. Any complaints regarding defects and/or faults in the Products must be reported in writing to the Seller in the manner and within the terms of the law and must, under penalty of forfeiture of the warranty, be accompanied by adequate photographic documentation representative of the defects and/or faults. 8.2 Pursuant to and for the purposes of Article 1462 of the Civil Code, the Customer may not raise objections relating to defects and/or faults in the Product or other objections of any kind, without having previously paid in full for the fulfilled Purchase Order to which the objection may refer ("solve et repete"). 8.3 In the event of defects or faults in the Product, the Seller, at its discretion, will decide whether to replace the goods free of charge or refund the price paid for the defective or faulty Product, it being understood that the Customer may not claim compensation for any further damages, and provided that the Customer has complied with the obligations and procedure referred to in the law and in this article 8. 8.4 Without prejudice to what is provided in article 8.3 above regarding defects or faults in the Product, any liability for damages possibly suffered by the Customer due to and as a consequence of the Purchase Orders is expressly excluded, except in cases of willful misconduct or gross negligence of the Seller. 8.5 The Customer may return the Product deemed faulty or defective only with the prior written acceptance of the Seller and following compliance with the procedure referred to in article 8.1 above. Once the Product deemed faulty or defective by the Customer has been received, the Seller will carry out the necessary assessments and, if it considers the Customer's complaint to be well-founded in good faith, the preceding article 8.3 will apply.
9. Exclusion of the right of withdrawal due to the high perishability of the Products
9.1 The Customer is informed and aware that the Products, due to the freshness of their ingredients and the absence of preservatives, are highly perishable and subject to rapid alteration even as a result of improper storage; therefore, the Products must necessarily be consumed by the date indicated on each purchased package. 9.2 The Customer therefore certifies that they are aware that the right of withdrawal from the Contract is excluded, as, due to their high perishability, the Products cannot be put back on the market without health risks for consumers after the collection/delivery indicated in the Purchase Order and confirmed by the Order Confirmation communication.
10. Processing of personal data – Privacy
10.1 The Seller will process the Customer's personal data in compliance with the legislation on personal data protection as detailed in the privacy policy available in the "Privacy" section of the Website, which the Customer is obliged to view before transmitting the Purchase Order. This policy is considered fully known by the Customer at the time of placing the Purchase Order. The Customer will also be asked for consent to the processing of their personal data for specific purposes, where provided for by current personal data protection legislation.
11. Applicable Law – Competent Court
11.1 Any purchase made by the Customer on the Website according to these General Conditions is governed by Italian law. 11.2 For any dispute that may arise in relation to the interpretation, application, execution and/or termination of these General Conditions and/or individual Product purchase Contracts, the Court of Genoa shall have exclusive jurisdiction.
12. Dispute Resolution (ODR)
12.1 The Customer is informed that they have the right to appeal to a dispute resolution or mediation body for any disputes that may arise in relation to these General Conditions and/or any purchase or transaction carried out on the Website in order to seek an alternative resolution to such disputes, by accessing the service platform available on the website https://www.risolvionline.com/.
13. Customer Service, complaints and communications
13.1 For the communications provided for in the General Conditions and in any case to obtain any information, the Customer can contact the Seller via the email address info@romanengo.pro, as well as by registered letter with acknowledgment of receipt at the following address: Pietro Romanengo fu Stefano S.r.l., Customer Service, via Soziglia 74/76 r, 16123 Genoa. 13.2 The Seller undertakes to respond to requests received from the Customer within 7 (seven) working days by email communication which will be sent to the email address provided during login. The Customer declares, pursuant to and for the effects of articles 1341 and 1342 of the Civil Code, to be fully aware of its own General Conditions for Companies and Professionals and to specifically approve those contained in the following clauses: art. 7.4 (Limitations of Seller's liability); art. 8 (Warranties, forfeitures, limitations of liability and solve et repete clause), art. 9.2 (Exclusion of the right of withdrawal) and art. 11.2 (Exclusive competent court).