Pelignafood assumes no responsibility for inefficiencies attributable to force majeure such as accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events that prevented, in whole or in part, the execution of the agreement. of sale within the agreed times. Pelignafood will not be liable to any party for damages, losses and costs incurred as a result of the failure to execute the sales agreement for the reasons mentioned above, or for damages, losses and costs incurred as a result of the use or the impossibility of using the products purchased from Pelignafood since the customer is only entitled to a refund of the price paid, excluding any shipping costs. Likewise Pelignafood is not responsible for any fraudulent or illegal use that may be made by third parties, of credit cards, checks and other means of payment, upon payment of the purchased products. Pelignafood, in fact, is not able to know the buyer's credit card number at any time during the purchase procedure; at the same time Pelignafood is unable to check the correct and lawful origin of the credit note that is delivered by the customer upon receipt of the goods.
2. BUYER'S OBLIGATIONS
The customer undertakes, once the `` online '' purchase procedure has been completed, to print and / or keep these general conditions, which, moreover, he will have already viewed and accepted as an obligatory step in the purchase. , as well as the printing of the specifications of the product being purchased, and this in order to fully satisfy the condition referred to in articles 52 and 53 of Legislative Decree 206/05.
The buyer is strictly forbidden to enter false and / or invented and / or fictional data in the registration procedure necessary to activate the procedure for the execution of this sales agreement and related further communications for him; the personal data and the e-mail address must only be real personal data and not those of third parties.
3. TERMINATION OF THE CONTRACT AND EXPRESS TERMINATION CLAUSE
The obligations assumed by the customer in art. 2 above (Obligations of the purchaser), as well as the guarantee of the successful completion of the payment that the customer must make, are essential, so that by express agreement, the non-fulfillment by the Customer, of only one of these obligations, will determine the termination by law of the contract pursuant to Article 1456 of the Italian Civil Code, without the need for judicial ruling, without prejudice to the right of Pelignafood to take legal action for compensation for further damage.
4. Any dispute relating to the application, execution, interpretation and violation of the '' online '' purchase and sale agreements obtained through the website https://www.pelignafood.it/en/ is subject to Italian jurisdiction; these general conditions are reported, although not expressly provided therein, in conjunction with Legislative Decree 50/92 and Legislative Decree 206/05.
5. RIGHT TO EXERCISE THE RIGHT OF WITHDRAWAL PURSUANT TO D.LGS. 206/05
Those who cannot be classified as consumers are excluded from the legislative decree, i.e. those who act for purposes related to any professional activity carried out, that is, those who place an order indicating the VAT number for the invoice.
The Customer has the right to withdraw, no later than 10 working days from delivery (the delivery date shown on the courier's waybill is valid).
The right of withdrawal is exercised within the deadline by sending a registered letter with return receipt and all the goods purchased to the following address: Pelignafood, Strada Vecchia per Sulmona 2, Pratola Peligna (AQ) 67035. The communication may also be sent in advance by email, provided that it is confirmed by registered letter with acknowledgment of receipt within the following 48 hours.
In case of applicability of the right of withdrawal, the Customer is required to return at his own expense all the items relating to the invoice as they are received, that is, absolutely new, unused, complete with all their parts and in the original packaging (envelopes and packaging). ). OPENING THE SEALED COMPUTER SOFTWARE MAKES THE RIGHT OF WITHDRAWAL INAPPLICABLE pursuant to art. 55 paragraph 2 of Legislative Decree 206/05. For more information on the software and related licenses, please contact the manufacturers themselves.
Failure to comply with these principles makes the right of withdrawal inapplicable.
To return the goods, we advise our customers to use the insured express mail service which we believe to be faster, safer and cheaper or to contact one of the many couriers. We invite our kind Customers to collaborate with us by following our procedure for sending returns and not to send us goods for which the right of withdrawal is not applicable.
In case of application of the right of withdrawal, once the goods have been received, Pelignafood will refund the entire amount paid by the customer, excluding shipping costs, within thirty days from the date on which the communication is received via the following methods: a change of goods, a bank transfer, the reversal of the handling relating to the payment made by credit card.
Attention: If the right of withdrawal is not applicable, the collection of the goods at our office will be the responsibility of the customer.
6. WITHDRAWAL OF THE SUPPLIER
Pelignafood, should it be unable to fulfill the requested order due to the unavailability, even temporary, of the ordered product, has the right to withdraw from the sales agreement within 30 days from the date of the order by providing the customer with a simple reasoned communication. , pursuant to art. 54, paragraph 2 of Legislative Decree 206/05. In this case, the customer will only be entitled to a refund of any sum already paid.
7. CONSUMER'S RIGHT OF WITHDRAWAL
Reference to Legislative Decree 206/2005
The customer - consumer (i.e. the customer - natural person - who purchases for purposes not directly related to any professional activity carried out) has the right to withdraw from the purchase contract, for any reason, within 14 working days from the date of receipt of the goods, in the manner indicated below.
To exercise the withdrawal, the customer must send Pelignafood a written communication no later than 14 working days from the date of receipt of the goods. This communication must be sent, by registered letter with acknowledgment of receipt, to Pelignafood, Strada Vecchia per Sulmona 2, Pratola Peligna (AQ) 67035. If the delivery of the goods has already taken place, the consumer must return it to Pelignafood, by express courier, no later than ten working days from the date of receipt of the goods. The only costs payable by the consumer who exercises the right of withdrawal are those of shipping for the return of the goods to the sender. The purchased good must be returned in the original packaging, complete in all its parts, including documentation and accessories provided. As soon as it is aware of the right of withdrawal, Pelignafood will indicate via e-mail to the customer the RMA number (return authorization code) to be attached externally to the package being returned. In any case, the original packaging must not be damaged or bear writings or the application of adhesive tape. It is advisable to put the original packaging in a second box and to insure the packaging for shipping, as any damage or theft is the responsibility of the customer. The right of withdrawal will not be accepted if the returned goods or the original packaging are damaged or missing of its integral or accessory parts. In this case the goods will be returned to the sender with a charge of the shipping costs. If the withdrawal is exercised in accordance with the provisions of Law Decree no. 185 of 22.05.1999 and reported in these general conditions, Pelignafood will refund free of charge the sums already paid by the consumer in the shortest possible time and in any case within thirty days from the date of knowledge of the withdrawal, by transferring the amount charged to the credit card or by bank transfer if the customer provides the relative bank details.
. The deadline within which the refund will be made (14 calendar days). Pelignafood will reimburse all payments received from the consumer, including any shipping costs of the goods incurred during the purchase
. The goods must be sent to:
Pelignashop by Santilli Franca
Strada Vecchia to Sulmona, 2
67035 Pratola Peligna AQ
The right of withdrawal cannot be exercised for contracts of:
. supply of services whose execution has begun, with the consumer's agreement, before the expiry of the ten-day deadline for exercising the withdrawal;
. supply of goods or services whose price is linked to fluctuations in financial market rates that the supplier is unable to control;
. supply of goods made to measure or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly;
. supply of audiovisual products or sealed computer software, opened by the consumer;
. supply of newspapers, periodicals and magazines;
. betting and lottery services.