1. Definition and effect of the contract
1.1 – This contract (“Contract”) is a distance contract within the meaning of Article 50 et seq. of Legislative Decree No. 206 of 6 September 2005 (“Consumer Code”). The purpose of the Contract is the sale of movable goods between Fantin Benvenuto, Via Badoere, 20, 31036 Istrana (TV) and the consumer (the “Customer”). The Contract is concluded directly through the acceptance by Fantin Benvenuto of a purchase proposal issued by the Customer via the Internet, following the invitation to offer contained in the website www.fantinasparagi.com (the “Site”), on the basis of the procedures described in article 3 below.
1.2 These general terms and conditions of sale (“General Terms and Conditions”) and, in particular, the information referred to in Article 52 of the Consumer Code, as provided by Fantin Benvenuto and set out on the Site, shall remain valid and effective until amended and/or supplemented by Fantin Benvenuto. Any amendments and/or additions to the General Terms and Conditions shall be effective from the date on which they are communicated to the public and shall apply to sales made from that date. The latest updated version of the General Terms and Conditions is the one available on the Site.
1.3 In compliance with the laws in force on the purchase of wine and spirits and in consideration of its own commercial policy, Fantin Benvenuto reserves the right not to follow up orders from persons other than the “consumer” in accordance with its own commercial policy and in compliance with the age limits set by law for both the purchase and delivery of wine and spirits.
Fantin Benvenuto does not sell wine and spirits to persons under 18 years of age. Through the use of our website fantinasparagi.com you guarantee that you are over 18 years old and that the person who will receive the shipment from Fantin Benvenuto will also be over 18 years old.
The sale prices of the products illustrated on the Site are inclusive of VAT and all other taxes. Delivery charges are indicated on the Site and may vary according to the weight and volume of the individual packages.
3. Purchasing and payment methods
3.1 – Purchases of the products available, as illustrated and described on-line in the relative data sheets, are made by the customer at the price in force indicated, inclusive of VAT, to be confirmed at the time the order is placed, plus shipping costs and in any case displayed at the time of purchase. Functions and characteristics described in the data sheets are provided by the Manufacturer. Fantin Benvenuto declines all responsibility for any changes or inaccuracies. The photos used for the product sheets, while reflecting the main features, may differ in colour or in some details.
3.2 – Before confirming the purchase, the customer shall be given a summary of the unit cost of each product chosen, the total order line, the total cost of the order in the event of purchasing several products, and any transport costs.
3.3 – The customer shall receive an e-mail confirming acceptance of his purchase order.
3.4 – The customer shall be allowed to choose one of the payment methods that shall be clearly listed within the site and that shall be considered valid by Fantin Benvenuto.
3.5 – For the purposes of the product guarantee (as per the law of 24 months), the order confirmation sent by Fantin Benvenuto upon completion of the purchase by the customer shall be deemed valid. For online sales, which for VAT purposes are assimilated to mail-order sales, there is an exemption from the obligation of certification. Such sales are not subject to the obligation to issue an invoice, unless requested by the customer when placing the order (only persons with VAT registration number), and are also exempt from the obligation of certification by means of a receipt or fiscal receipt (Art. 22 of Presidential Decree no. 633/1972) pursuant to Art. 2 of Presidential Decree no. 696 of 21 December 1996.
4. Delivery of the products – complaints
4.1 – Fantin Benvenuto shall deliver the products to the address indicated by the Customer within 15 (fifteen) days from the conclusion of the Contract, as envisaged by the Consumer Code; in the case of orders by bank transfer in advance, the products shall be delivered within 10 working days from the sending of the accounting attesting to the crediting of the total order with our bank.
4.2 – The customer is obliged to verify, upon receipt, the conformity of the product delivered to him with the order placed; the customer shall sign the delivery note indicating “subject to checking the integrity of the products”; if this does not occur, the customer may not raise any objection as to the external characteristics of what is delivered to him and its conformity with what was ordered.
4.3- Any complaints may be forwarded to the following address: Fantin Benvenuto, Via Badoere, 20, 31036 Istrana (TV).
4.4 – Delivery of the goods shall take place “EX-WAREHOUSE SELLER”. The clause “free seller’s warehouse” inserted in the contract means that the goods shall be delivered to the customer/buyer or his delegate (e.g. forwarding agent) at the seller’s warehouse. All costs related to the transport of the goods shall be borne by the buyer, as well as the associated risks.
4.5 – Delivery by temperature-controlled courier: Pay attention to e-mail notifications from the STEF courier. In the event of non-delivery, the courier shall charge additional costs.
5. Availability of products
Fantin Asparagi accepts the customer’s orders within the limits of the quantities of the requested products existing in the warehouse. Therefore, Fantin Benvenuto’s acceptance of the purchase proposal forwarded by the customer is subject to the availability of the products in stock. Fantin Benvenuto undertakes to promptly inform the customer of any unforeseeable stock-outs due to excess demand or other causes.
6. Guarantees and assistance
The products purchased through Fantin Asparagus are protected by the guarantees provided for by the laws currently in force. This guarantee applies exclusively to faults occurring despite normal use of the product, i.e. in compliance with its functionality and with what is set out in the technical documentation, if any, and in compliance with the various operating standards indicated. The product guarantee does not apply in the event of negligence, carelessness in use, maintenance or connection to electrical or any other non-standard installations. The guarantee is personal and will therefore only apply to the original purchaser. Given the high perishability of the product, there is no return. In the case of replacing a product with a new or replacement one, the guarantee starts in any case from the purchase of the first product. Fantin Benvenuto shall not be liable, either to third parties or to the customer, for any damage or loss of anything sold by it that occurs due to manufacturing defects. Under the terms of the guarantee, these responsibilities are the sole responsibility of the manufacturer.
7. Obligations of the Customer
The Customer declares and guarantees: (I) that he/she is a consumer in accordance with Article 3 of the Consumer Code; (II) that he/she is of age; (III) that the data provided by him/her for the execution of the Contract are correct and true.
8. Right of withdrawal
Sales of products via the Internet are governed by Legislative Decree no. 206/05 (arts. 50 to 68), which regulates the subject of distance contracts, i.e. those made outside business premises. This legislation sanctions the right of withdrawal, i.e. the possibility for the consumer to return the purchased product and obtain reimbursement of the expense incurred. This right is reserved exclusively for natural persons (consumers), so it cannot be exercised by legal persons and natural persons acting for purposes relating to their professional activity, if any. To exercise the right of withdrawal it is necessary to send, within 10 working days of receipt of the goods, a communication clearly stating the wish to withdraw from the contract. The communication must be sent by registered letter with advice of receipt as required by law. Pursuant to Article 55(2) of the Consumer Code, the customer shall not have the right to withdraw in the following cases – supply of audiovisual products or sealed software, unopened by the customer; – supply of custom-made or customised products, or which, by their very nature, cannot be returned or are liable to deteriorate or alter rapidly (e.g. foodstuffs, cosmetics, flowers, etc.); – supply of newspapers, periodicals, magazines. The cost of returning the product shall be borne by the CUSTOMER. The right of withdrawal lapses entirely if the returned product is not intact, i.e:
· in the absence of integral elements of the product (accessories, cables, instruction manuals, etc.)
· if the product is damaged for reasons other than transport. At the same time as sending the registered letter with advice of delivery, we invite you to communicate your decision by e-mail to Customer Service (email@example.com) or by telephone by calling 3406928998. The cost of returning the products shall be borne by the CUSTOMER. Fantin Benvenuto will return, within 30 days from the date of receipt of the products by the customer: (1) the entire price paid by the customer (excluding the value attributed to the shipment during the sale) in the event of return of the product complete with all its parts and functions; or (2) the part of the price equivalent to the product actually returned by the customer who has consumed the product in an appreciable manner and/or such as to significantly diminish its value.
CREDIT CARDS – We accept the most common credit cards, including prepaid and rechargeable ones, issued exclusively on Italian territory, belonging to the following circuits: Cartasi, Visa, Visa Electron, Mastercard, Maestro. When paying by credit card, you will not be charged any kind of surcharge. Fantin Benvenuto reserves the right to ask the Customer for additional information such as a landline telephone number or the sending of copies of documents proving the ownership of the Card used. In the absence of the requested documentation, Fantin Benvenuto reserves the right not to accept the order.
BANK TRANSFER – If you choose this method of payment, once you have placed your order, you must follow the following procedure: the bank transfer must be made within 3 working days of placing the order (otherwise the order will be cancelled); the reason for payment on the bank transfer must indicate: the number and date of the order, and the name and surname of the person placing the order.
The bank transfer shall be made in favour of: Beneficiary: Fantin Benvenuto – Centromarca Banca Credito Cooperativo di Treviso e Venezia – Ospedaletto (TV) branch – Italy / IBAN Code: IT20j0874961741020002811027. Banking practice is that the bank transfer made is credited to the beneficiary’s current account (Fantin welcome) no sooner than 2/3 working days from its execution.
PAYPAL – PayPal is an on-line payment system that requires an account to be opened with PayPal. Concluding a purchase with this type of payment will display a page on the PayPal site where you can enter your personal e-mail address and password for your PayPal account, or access the procedure for creating a new one. After registration, you can proceed with payments via PayPal without having to re-enter your data, even for subsequent purchases. By choosing to pay via PayPal, the amount is charged directly to the credit card (Visa, Visa Electron, Mastercard) or prepaid card (PostePay) assigned. PayPal protects the buyer’s information. A confirmation e-mail from PayPal will be sent with each transaction carried out using this method. The order amount is debited from your PayPal account when the order is taken. In case of cancellation, the amount is refunded to the customer’s PayPal account. Payments are only accepted from users registered on the Italian PayPal site.
Shipping and delivery
Shipping is FREE on northern and central Italy regions with a minimum order value of 50 Euro, the shipping fee below this threshold is only 7 Euro for private customers.
Order processing usually takes place on Monday or Tuesday after purchase if you choose “Credit Card, Paypal or Cash on Delivery” as payment method, on Monday or Tuesday after payment is credited if you choose “Bank Transfer”. For speed, in the latter case, you will be asked to send the bank transfer receipt.
Delivery times are determined by the courier company in charge. By express courier, the time it takes to receive the goods after the order has been processed is 24-48 hours for all destinations in northern and central Italy. We verify the reliability of delivery times by assessing each case and simulating deliveries in remote areas together with the courier.
We pay special attention to the packaging of our gastronomic specialities. To guarantee the perfect preservation and integrity of perishable products, we use polystyrene isothermal packaging for food use and, if necessary, dry ice with ‘dryice’ technology, a gel in a bag that allows you to regulate the internal temperature of the containers to maintain the cold chain. You can also reuse the gel pouch at home by placing it in the freezer. Proper storage is the first rule for a satisfactory sensory experience of the product and helps to enhance its typicality and characteristics.
We recommend that you provide us with a shipping address where someone can be reached during business hours as the courier will ask for a signature for receipt. You can choose your home address, but also the address of your workplace, a neighbour, friend or relative. It is essential that someone is present at the given address at the time of delivery, in order to avoid delivery delays and stocks at the forwarder’s warehouse.
During the CHECKOUT phase, in order to facilitate delivery operations, please check that the data such as address (complete with house number) and telephone numbers are correct.
We also invite you to always provide a mobile telephone number, so that we can more easily communicate any order-related information or shipping problems.
Right of Withdrawal
1. Pursuant to Article 5 DL 185/1999, the customer has the right to withdraw from the purchase contract for any reason whatsoever, without explanation and without penalty.
2. To exercise this right, the customer must send Fantin Benvenuto a communication to this effect, within 24 hours from the date of order of the goods for fresh products, and 10 days from receipt for other foodstuffs. This communication shall be sent by PEC addressed to: firstname.lastname@example.org. Once we have received the aforementioned communication of withdrawal, Fantin Benvenuto’s Customer Service shall inform the customer of the instructions on how to return the goods (only for jarred asparagus and beer), which must be received by Fantin Benvenuto within 10 days of authorisation.
3. The right of withdrawal shall in any case be subject to the following conditions:
– the right shall apply to the product purchased in its entirety;
– it is not possible to exercise withdrawal only on part of the product purchased;
– in accordance with the law, shipping costs relating to the return of the goods shall be borne by the customer;
– the shipment, until the certificate of receipt in our warehouse, is under the complete responsibility of the client; – in the event of damage to the goods during transport, Fantin Benvenuto will inform the client of what has happened (within 5 working days of receipt of the goods in its warehouses), to allow him to file a complaint against the courier chosen by him and to obtain reimbursement of the value of the goods (if insured). In this case, the product will be made available to the customer for its return at the same time as cancelling the request for withdrawal;
– Fantin Benvenuto shall not be held liable in any way for damage or theft/loss of goods returned by uninsured shipments;
4. Fantin Benvenuto will reimburse the customer the entire amount already paid withholding the value of the “shipping costs”, within 30 days from the return of the goods, through a transfer procedure of the amount charged on the Credit Card or by Bank Transfer. In the latter case, it shall be the customer’s responsibility to provide the bank details on which to obtain the refund (ABI – CAB – Current Account of the invoice holder).
5. The right of withdrawal lapses totally, due to the lack of the essential condition of integrity of the goods (packaging and/or its contents), in cases where Fantin Benvenuto ascertains:
– the lack of the external packaging and/or wrapping containing the product purchased
– the damaging of the product for causes other than its transport. In the case of forfeiture of the right of withdrawal, Fantin Benvenuto shall return the purchased goods to the sender, charging him for the shipping costs.