Terms and Conditions

The purpose of these general terms and conditions of sale (hereinafter, “General Terms and Conditions”) is to regulate the purchase of products made at a distance and made available, via the Internet, from the
www.tartufialmassimo.com website (hereinafter, the “Site”) in compliance with Italian legislation pursuant to Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, the “Consumer Code”).

The seller of the products and owner of the Site is: TARTUFI AL MASSIMO SNC DI CILLARIO M. & C. with registered office in Vicolo Caserma no. 6, 12063 Dogliani (CN), C.F/ P.I. 03663700049 and registration with the Register of Companies of Cuneo 307786 – Certified mail address: tartufialmassimo@pec.it.

The consumer who accesses the Site to make purchases (hereinafter the “Customer”) is obliged, before sending the order, to carefully read these General Terms and Conditions, which have been made available to him/her on the Site and which will be available for consultation at any time by the Customer also through the link contained in the confirmation email of each order to allow him/her to reproduce and memorise them.

In the event that the person who makes purchases on the Website requests the issuance of an invoice and/or is not a “consumer or user” as defined in Article 3, paragraph 1, letter a) of the Consumer Code, the regulations on withdrawal set out in Articles 7 and 8 of these General Terms and Conditions or, more generally, the provisions that under the Consumer Code apply only to “consumers” shall not apply.

Contracts concluded with Tartufi al Massimo SNC di Cillario Massimo & C. through the Site are governed by these General Terms and Conditions in compliance with Italian law. The language available to conclude the contract is Italian.

The characteristics and price of the various products for sale on the Site (hereinafter referred to as “Product” or “Products”) are

listed on the page relating to each Product.

In order to purchase Products, the Customer shall fill in and send the order form in electronic format, following the instructions contained in the Site. The Customer shall add the Product to the “Shopping Cart” and, after having read the General Terms and Conditions and the Privacy Policy and confirmed their acceptance, shall enter the shipping and possible invoicing data, select the desired payment method and confirm the order.

By sending the order from the Site, which has the value of a contractual proposal, the Customer acknowledges and declares that he/she has read all the information provided to him/her during the purchase procedure and fully accepts these General Conditions and the transcribed payment terms.

The contract stipulated between Tartufi al Massimo SNC di Cillario Massimo & C. and the Customer must be considered concluded with the acceptance of the order by Tartufi al Massimo SNC di Cillario Massimo & C. This acceptance is communicated to the Customer by means of an email confirming the order itself containing a reference to these General Terms and Conditions, the order number, the shipping and invoicing data, the list of the 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 Tartufi al Massimo SNC di Cillario Massimo & C. by sending an email to info@tartufialmassimo.com or by calling the number +39017376156. After this deadline, the order will be put into processing for shipment and no further changes will be accepted, without prejudice to the Customer’s rights as set out in Article 7 below.

Once the order has been received, the company Tartufi al Massimo SNC di Cillario Massimo & C. shall check the availability of stock for the execution of the order. In the event that one or more Products are not available, the Customer Service will promptly notify the Customer by email who, within the next 12 hours, will be entitled to reply to confirm the shipment of any further available Products or to cancel it. If no reply is received within that time, the order shall be considered confirmed and the available Products shall be shipped. In this case, the full amount for the missing Products will be reversed or in any case, depending on the payment method chosen, will not be charged to the Customer.

The information and characteristics relating to the Products are available, with the relevant Product codes, on the Site. 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 has the sole purpose of presenting them for sale and may not be perfectly representative of their characteristics and quality but may differ in colour and size. In the event of a difference between the image and the written product description sheet, the product description sheet shall always prevail.

Product prices include all taxes and duties. All prices are in Euro. The cost of shipping varies according to the total weight of the products purchased and the final destination of the delivery. In the Shopping Cart page, and subsequently in the Checkout page, the user can view the actual cost of shipping (also specifying the place of destination of the goods) before confirming the order.

5.1 Methods of Payment

The Customer may pay the price of the Products and the relevant delivery charges by PayPal, bank transfer.

-PayPal/Credit Card

Once the order has been confirmed, the Customer may pay directly with his/her Paypal account or use a credit card, even a prepaid one, or in any case according to the methods accepted by Paypal and in compliance with the relevant conditions.

-Bank transfer

The Customer shall make the transfer within 3 days from the order date for orders relating to products and within 1 day from the order date for orders containing events and/or courses. If this does not occur, the order will be cancelled and the goods made available again for purchase by other Customers. Customers who have not made the bank transfer may be contacted by Customer Service in order to clarify whether the reason for the failure to credit the order is due to the Customer’s wish not to confirm the purchase or to other causes.

Data for the bank transfer: c/c: Tartufi al Massimo SNC IBAN IT12T03111462700000006404 BIC/SWIFT: BLOPIT22
Bank: UBI BANCA S.P.A.

Reason for payment: the Customer shall indicate in the reason for payment the date and the order number, which can be found in the confirmation email (e.g. “Order 01/01/14 n. 100012345”).

5.2 Invoicing of orders

If the purchase is made by a professional, it shall be possible to request the issue of an invoice by sending an email to the email address info@tartufialmassimo.com with all the data required for electronic invoicing.

The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure in the “Shipping Data” field.

All purchases will be delivered by express courier (hereinafter, “Courier”) from Monday to Friday, excluding public holidays and national holidays. Tartufi al Massimo SNC di Cillario Massimo & C. is not responsible for delays that cannot be foreseen or attributed to it.

Once the Products have been shipped, the Customer will receive a confirmation email including a link to refer to for tracking the shipment.

In any case, except in cases of force majeure or unforeseeable circumstances, the Products ordered will be dispatched within a period of 3 (three) working days starting from the day after the day on which Tartufi al Massimo SNC di Cillario Massimo & C. confirmed the order to the Customer by means of an order confirmation email.

The Customer has the right to withdraw from the contract in accordance with the provisions of Legislative Decree No. 21 of 21 February 2014.

NOTICE ON THE RIGHT OF WITHDRAWAL


(pursuant to Art. 49(4) of Legislative Decree 21/2014)
You have the right to withdraw from the contract, without stating reasons, within 14 days.

The withdrawal period expires after 14 days from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the goods.

In order to exercise the right of withdrawal, you must inform us of your decision to withdraw from the purchase order by means of an explicit declaration to be sent within the aforementioned period by registered letter with return receipt to the following address

Tartufi al Massimo Snc di Massimo Cillario & C Vicolo Caserma n° 6 – 12063 Dogliani (CN) -Italy

Or by e-mail to the following address: info@tartufialmassimo.com
In order to comply with the withdrawal period, it is sufficient for you to send the communication concerning the exercise of the

right of withdrawal before the expiry of the withdrawal period.

In the event that the right of withdrawal is excluded, Tartufi al Massimo SNC di Cillario Massimo & C. will return the purchased products to you, charging you for the cost of return.

Effects of Withdrawal

If you withdraw from this contract, you will be reimbursed all payments you have made to us, including delivery costs (with the exception of additional costs resulting from your possible choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any case no later than 14 days from the day on which we are informed of your decision to withdraw from this contract. Such refunds shall be made using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you shall not incur any costs as a consequence of such a refund.

Please return the goods or deliver them to:

TARTUFI AL MASSIMO SNC CORSO G. MARCONI 10 12060 FARIGLIANO (CN)

The costs of returning the goods shall be borne by us.

Exceptions

You are only liable for the decrease in the value of the goods resulting from handling the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.

The right of withdrawal is excluded in the following cases, pursuant to Article 59 of Legislative Decree 21/2014:

  • order of Products that are liable to deteriorate or expire rapidly;
  • order of sealed Products that are not suitable to be returned for hygienic or health protection reasons or that have been opened after delivery.
  • order of customised Products at the request of the Consumer Purchaser.

The right of withdrawal is applicable only for Products purchased on the website tartufialmassimo.com that can be returned to Tartufi al Massimo SNC di Cillario Massimo & C. and put back on the market without any risk to consumer health.

The information on the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors, for which therefore Tartufi al Massimo SNC di Cillario Massimo & C. cannot be held responsible, except in the event of wilful misconduct or gross negligence.

Tartufi al Massimo SNC di Cillario Massimo & C. reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to change or update the 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 in the event of fraud or gross negligence, any right of the Customer to compensation for damages or to the recognition of an indemnity is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, caused by the non-acceptance or non-fulfilment, even partial, of an order.

Tartufi al Massimo SNC di Cillario Massimo & C. promotes the responsible consumption of alcoholic beverages and excludes any liability, except malice or gross negligence, in the event of purchases made by persons under 16 years of age.

***

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 Terms and Conditions: 1 (introduction), 2 (choosing and ordering products), 3 (product information), 4 (prices and shipping), 5 (payment methods), 6 (liability for late delivery), 7 (right of withdrawal), 8 (free return), 9 (warranty and conformity defects), 10 (right to correct errors – exclusion of liability), 11 (complaints), 12 (place of jurisdiction).