1. Background and effectiveness of the General Conditions
These general conditions of sale (hereinafter, “General Conditions”) have as their object the regulation of the purchase of products and services, made at a distance and made available, through the Internet, from the site www.saporare.com (hereinafter, the “Site”) and of the related payment and delivery, in compliance with the Italian legislation as per Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, “Consumer Code”).
The seller of the products and owner of the Site is: Franceschi s.r.l. with registered office in Via Petrolini 20/A, 42122, Reggio Emilia. VAT no. 02889960353 and registration with the Register of Companies of Reggio Emilia REA: RE-322317; Pec: email@example.com (Hereinafter “Franceschi”).
The consumer who accesses the Site to make purchases (hereinafter “Customer”) is required, before sending the order, to read carefully these General Conditions that have been made available to him on the Site and that will be available for consultation at all times.
In the event that the person making purchases on the Site is not a “consumer or user” as defined in Article 3, paragraph 1, letter a), of the Consumer Code, the provisions that under the Consumer Code apply only to “consumers” will not apply.
Contracts concluded with Franceschi srl through the Site are governed by these General Conditions in compliance with Italian law.
- Eligibility to purchase from the website
In order to purchase Italian food and beverage products and legally enter into a contract with us, you must be 18 years of age or older.
- Choosing and Ordering Products
The characteristics and price of the various products for sale on the Site (hereinafter “Product” or “Products”) are shown on the page relating to each Product and varies depending on the shipping address, whether Italian or from other European countries.
By submitting the order from the Site, which has the value of a contractual proposal, the Customer implicitly acknowledges and declares that he/she has read all the indications provided to him/her during the purchase procedure and fully accepts these transcribed General and Payment Conditions.
The contract entered into between Franceschi and the Customer shall be deemed concluded with the acceptance of the order by Franceschi. This acceptance is communicated to the Customer through an email confirming the order itself containing the order number, shipping and billing information, the list of Products ordered with their essential characteristics and the total price, including delivery charges. The Customer will check the confirmation email and if he/she identifies any errors in the order he/she will have 12 hours from receipt of such email to contact Customer Service directly from the Site using the appropriate contact form accessible through the “Contact Us” tab, in the “Contact Us” section. After that time, the order will be placed in processing for shipment and no further changes will be accepted, without prejudice to the Customer’s rights.
Upon receipt of the order, Franceschi reserves the right to check the actual availability of the products ordered, if only a few Products are in stock, Franceschi will process the order with the Products available. In case of one or more missing products Franceschi will contact the Customer for alternative proposals or refund.
In the case of pre-order of products, the payment of which will take place at the same time as the pre-order, Franceschi will assume the burden of refunding the full price of the product if it should not be available on the date of expected shipment.
- Information about the Products
Information and features relating to the Products are available on the Site in Italian, English and German.
The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description sheet. It is understood that the image of the Products themselves is for the sole purpose of presenting them for sale and may not be perfectly representative of its characteristics and quality but may differ in color and size. In case of difference between the image and the written product sheet, the description of the product sheet shall always prevail.
In the case of the purchase of products with variable weight, the measurements and weight indicated on the Site are indicative, Franceschi does its best not to deviate from the required weight, however, it may happen that there are slight variations, either in excess or in defect.
- Prices and shipping
Product prices include all taxes and fees.
All prices are in Euros.
Standard shipping costs for Italy are €9.99 and free for purchases above €49
Standard shipping costs for other European countries are €14.99 and free for purchases over €70.
- Methods of payment and billing
6.1 Methods of Payment.
It will be possible to make payment through:
– Credit Card
– Apple Pay / Google Pay
– Bank Transfer
Payment by wire transfer is only available for the Pickup at the Warehouse mode. The Customer must make the transfer within 3 days from the date of the order. In case the payment does not occur within 3 days, the order will be cancelled.
Data for the transfer:
c/c: Franceschi srl
Bank: Banca Popolare dell’Emilia Romagna – Reggio Emilia
Reason: the Customer must indicate in the reason for the transfer the date and the order number, which can be found in the confirmation email (e.g. “Order 01/01/21 n. 100012345”).
6.2 Invoicing of orders
If the purchase is made by a professional, it will be possible to request the issuance of an invoice by checking the appropriate box during the order process and entering the invoicing data including tax code and/or VAT number and SDI/Pec. In this case, the invoice will be sent via email to the indicated address and SDI. The professional is responsible for the correct entry of the billing data and is expressly informed that if the invoice is not requested during the order process, it will not be possible to request it later.
- Transport and delivery
Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase process in the appropriate “Shipping Information” field.
All purchases will be delivered by express courier (hereinafter, “Courier”) from Monday to Friday, excluding holidays and national holidays. Franceschi is not responsible for delays that cannot be foreseen or attributed to it.
In any case, except in cases of force majeure or unforeseeable circumstances, the Products ordered will be delivered within a period of 7 (seven) working days from the day following the day on which Franceschi confirmed the order to the Customer by means of an order confirmation e-mail.
The order confirmation e-mail will also indicate the tracking code of the package.
Active delivery services in Italy and Europe: shipments may be made with different couriers in order to assure the Customer the best available rate.
- Warranty and Conformity Defects
In case of conformity defects of Products sold by Franceschi, the Customer must immediately contact Customer Service using the appropriate contact form accessible on the Site through the “Contact Us” tab, in the “Contacts” section.
The legal guarantees provided by Articles 129, 130 and 132 of the Consumer Code apply to the sale of Products. The Customer has the right, at its option and provided that the type of Product allows it, to the restoration, without charge, of the conformity of the Product by repair or replacement, or to an appropriate price reduction or termination of the contract.
In case of a faulty or corked wine, the Customer is requested to keep the bottle with at least 2/3 of its contents and with its original cork and to report the alleged non-conformity to Customer Service. Franceschi will intervene as soon as possible by arranging a free pickup in order to carry out a thorough inspection and propose the most suitable solution.
The Customer shall forfeit these rights if he does not report the lack of conformity to Franceschi within the term of one month from the date on which he discovered the defect, provided that it is not a Product that by its nature is perishable or subject to expiration in a shorter term, in which case the defect must be reported within this reduced term.
- Errors and Limitations of Liability.
The information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which, therefore, Franceschi cannot be held responsible, except in cases of intent or gross negligence.
Franceschi reserves the right to correct errors, inaccuracies or omissions even after an order has been placed, or to change or update information at any time without prior notice, without prejudice to the Customer’s rights under these General Terms and Conditions and the Consumer Code.
Except for fraud or gross negligence, any right of the Customer to compensation for damages or the recognition of an indemnity, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or property, caused by the non-acceptance or fulfillment, even partial, of an order, is excluded.
Franceschi promotes the responsible consumption of alcoholic beverages and excludes any liability on its part, except in cases of willful misconduct or gross negligence, in the case of purchases made by persons under 18 years of age. By purchasing any alcoholic product you declare that you are of legal age as per art. 7 of DL 158/2012. Franceschi assumes no responsibility in the event of a purchase made by minors under the age of 18 who have declared to be of a different age.
Any complaints should be forwarded to Franceschi using the appropriate contact form accessible directly on the Site via the “Contact” tab or by e-mail with confirmation of delivery or by pec:
- Applicable Law and Jurisdiction
The sales contract between the Customer and Franceschi is understood to be concluded in Italy and governed by Italian Law. For the resolution of disputes relating to the interpretation, execution or termination of these General Conditions or of individual purchase orders if the Customer is a consumer under the Consumer Code, the court of his town of residence or domicile will have exclusive jurisdiction if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Reggio Emilia, any other jurisdiction excluded.
Pursuant to Article 1341 of the Italian Civil Code, the Customer declares that he/she has read and specifically accepts the following articles of these General Conditions: 6 (liability for delays in delivery), 10 (right to correct errors – exclusions of liability).