General Terms and Conditions of Sale
Article 1
Site ownership and premises
These General Terms and Conditions of Contract and Supply, drafted in accordance with D.Lgs. n. 70/2003 and D.Lgs. 206/2005, govern the sales services present on the website https://www.tascapan.com/ and are stipulated between Impresa Davide Noto (henceforth also “Impresa“), VAT no.: 01279510075, tax code and no. iscr. Business Registry: NTODVD01H19A326B, REA No. AO – 81744, headquartered in INTROD (AO) LOCALITA’ LE JUNOD 4 zip code 11010, e-mail: info@tascapan.com, and he/she (henceforth also referred to as the “User“) who consults the pages of the website https://www.tascapan.com/ (henceforth also referred to as the “Site“) and who makes use of the services of purchasing products electronically on the same made available.
The Company and the User jointly understood are also called the “Parties.”
The Site is operated by the Enterprise and allows the purchase of products marketed by the Enterprise.
These Terms and Conditions shall be binding between the parties named above and shall apply to all Users purchasing one or more of the products offered on this Site.
With the exception of mandatory legislation, for the purposes of these Terms and Conditions, you agree that all contracts, notices, disclosures, and other communications provided electronically satisfy the requirement that they be in writing when required by law.
Article 2
Subject of the contract
These Terms and Conditions bind the Parties and relate to the purchase of products offered for sale on the Site.
The Enterprise offers Valdostan food and wine products and specialty foods for sale through the Site.
Article 3
Prices
The prices on the Site are clearly stated and include VAT.
Shipping costs are the responsibility of the User and are set at 10€ for all Italy including islands and inconvenient areas.
For shipments to EU and EXTRA EU countries, the price will be calculated based on the shipping address entered by the User at check-out and based on the weight of the package to be shipped, which in turn will vary based on the weight of the product purchased by the User.
Prices may change over time, but will not affect the price charged to the User at the time of purchase, nor will they result in the creation of any new pricing rights in the User.
Exceptions to the above point are cases where the prices entered are disproportionate to the normal market value as a result of material errors.
Article 4
Mode of purchase
The User, in order to purchase the products referred to in Art. 2, will have to add the chosen products to the shopping cart, then he/she will have to enter his/her data for the shipment of the ordered products, accepting these Terms and Conditions and the Privacy Policy of the Site and make the payment within the terms provided therein.
Payment will compulsorily be made in one lump sum using the methods on the Site, including, payment via PayPal platform, credit or debit card, bank transfer or payment on delivery.
If the User chooses payment through the PayPal platform, at the time of payment his browser will be directed to a page on the server, within which the same will have to enter his username and password. In this way dolo PayPal will be in possession of the User’s data, which will not be visible to the Enterprise in any way.
If the User chooses payment by credit card, this is subject to verification that the issuing bank is enabled for web purchases.
If the User chooses payment by bank transfer, upon completion of the order will automatically receive a confirmation e-mail containing the bank details of the Company, following which the goods will be set aside pending the arrival of the transfer to the account.
The customer is required to send a copy of the payment by FAX or e-mail within 48 hours of receipt of the order confirmation.
If within this period the Company does not receive a copy of the payment, it will cancel the order.
The order will be when the transfer has reached the Enterprise’s bank account and as soon as the goods are available in the warehouse.
The payment procedure is to be considered as a purchase proposal.
The purchase will be considered finalized upon receipt of appropriate e-mail to the address provided by the User during the purchase process.
In case of problems with the purchase procedure and/or errors in the compilation of data, the User may write to the e-mail address: info@tascapan.com. The Company will verify compliance with the procedure referred to in the above points and, in the absence of justified reasons, will finalize the purchase.
In the event of errors in filling orders, the Company is not responsible for any loss or delay in shipment, and the User may be charged additional costs for re-shipment.
Purchase contracts concluded and finalized will be stored telematically on special devices owned by the Company.
Article 5
Conditions of sale and use of the Site
Your purchase implies your full knowledge and acceptance of these Terms and Conditions.
There shall be no commitment between the User and the Company, and therefore no purchase contract shall be deemed to have been concluded, in the event that obvious and recognizable errors or inaccuracies are made in the order compilation procedure, due to facts attributable to both the User and the Company, such as – merely by way of example and not exhaustively – errors or inaccuracies relating to the User’s data (including the address indicated for delivery) or relating to the identification and/or selection of the Products and/or relative quantities and/or relative price.
The Company, prior to shipment, reserves the right to verify the correctness of the prices of the Products added to the cart and ordered by the User and, in case of price error, reserves the right to cancel the order.
In addition, in case of difficulty in delivery to the address indicated for delivery, the User will be notified to make direct contact and find an alternative mode of delivery of the Product or to obtain a full refund of the amounts paid.
You agree to indemnify the Company and its suppliers against any loss, damage, liability, adverse consequence, or expense in any way related to claims against you due to your having in any way used materials from the Site, in violation of any applicable law, the rights of third parties, or the terms of these Terms and Conditions.
The User shall be solely and exclusively responsible for any consequences (legal or non-legal) that may result from the misuse of the products sold by the Company. No grievance, charge of liability or claim for compensation may be made by the User to the Company and its suppliers as a result of the service offered.
The Company guarantees that the delivered products meet the legal requirements for use, reliability and durability.
Article 6
Shipment of orders
Products will be shipped within a maximum of 3 business days from the date of purchase.
Shipments will be handled by third party carriers other than the Company, with the possibility for the User to track their package through appropriate code.
Delivery time may vary depending on the period and/or destination to be reached. Tascapan.com is not responsible for any delays caused by the courier company.
Article 7
Right of withdrawal
The Parties jointly agree that there is no right of withdrawal in case the User is not a consumer.
The user-consumer may exercise the right of withdrawal within 10 days from the date of purchase by writing to the following e-mail: info@tascapan.com.
The User declares that he/she waives the right of withdrawal with regard to “the supply of sealed goods that are not suitable to be returned for hygienic or health protection reasons and have been opened after delivery” once delivery has been made and the products have been removed from their packaging, as governed by Art. 59 lett. e of d. lgs. n. 206 of 2005.
The User declares that he/she waives the right of withdrawal with regard to “the supply of goods that are liable to deteriorate or expire rapidly,” as governed by Art. 59 lett. d of d. lgs. n. 206 of 2005.
In all other cases, the relevant notice must be sent before the expiration of the 10-day period in order to exercise the right of withdrawal.
In the event that the User has chosen to have the Products requested in a single Order delivered by multiple shipments, the deadline for exercising withdrawal will begin with the delivery of the last Product.
Within 10 days after the date of the notice of withdrawal, the User must return by registered mail or by traceable shipment the product to the address indicated by the Company.
The User is responsible for the shipping costs resulting from the withdrawal.
Upon receipt of the Product by the Company, the Company will provide reimbursement through the payment method chosen by the User at the time of the Order.
Finally, it should be noted that the User is not entitled to withdrawal in the following cases:
- the delivered products were exposed to abnormal circumstances;
- User has used the product;
- the occurrence of circumstances beyond the Company’s control, such as damage resulting from force majeure or caused by the carrier during transportation.
- it is not possible to exercise withdrawal only on part of the purchased product
Article 8
Obligations of the Enterprise
The Company is not liable for any damage that is not an immediate and direct result of the breach of contract.
The Company is in no way responsible for the performance of obligations to third parties who may offer commercial guarantees in connection with products for sale on the Site.
The Company reserves the right to prevent access to the Site, in case of violation of applicable legal provisions and/or violation of these Terms and Conditions.
In addition, the Company shall not be liable in the event of delays or failures to fulfill contractual obligations, nor in the event of delays, disruptions or suspensions of the Site if one or more of these problems arises from unforeseeable circumstances or force majeure.
(Among the causes that could lead to suspension, delay or otherwise non-fulfillment of contractual obligations, on which the responsibility of the Company does not fall, are listed by way of example only and NOT exhaustively the following causes: malfunctioning of telephone and/or electricity lines and/or the Internet network; malfunctioning of software, hardware and/or hosting services; interruptions and/or suspensions due to legal provisions, even of an exceptional nature or acts of Italian or foreign Authorities; due to tampering or interventions by third parties on services or equipment used by the Company in the production phase of the products; due to incorrect use of the platform by Users; malfunctioning of connection equipment used by Users; non-conformity and/or obsolescence of equipment or programs used by Users; for malfunctioning of services, loss of data, accidental dissemination of personal or sensitive data not attributable to the conduct of the Company, and any other type of damage occurred as a result of attacks by hackers, thieves, hackers and/or viruses).
Article 9
Privacy policy
Please refer to the Privacy Policy page, located at the footer of the Site’s home page, for the policy and regulations regarding the processing of personal data by the Enterprise.
Article 10
Language, applicable law, dispute resolution and jurisdiction
These Terms and Conditions are written in the Italian language.
Without prejudice to the rights due to Consumers, the Court of Aosta (AO) shall have exclusive jurisdiction for any dispute.
The User/Consumer ordinarily resident in the European Union, may benefit from the additional protections provided by the mandatory rules of the country of residence.
The User/Consumer has a platform, prepared by the European Commission, for online dispute resolution, which can be accessed through the following link: https://ec.europa.eu/consumers/odr/ .
Article 11
Links to external websites
Links and links to external sites made available by the Enterprise, are placed for informational purposes only.
No responsibility can be attributed to the Enterprise about the use of external sites.
The inclusion of external links does not imply any connection with them, nor any responsibility for the proper handling of data according to privacy regulations or any other information provided by the User to external websites.
Article 12
Duration and changes
These Terms and Conditions shall remain valid and effective until the same are amended and/or supplemented by the Company.
Any changes to these Terms and Conditions, will be effective and become binding on You from the time of posting on the Site and will apply to sales made on or after that date.
Changes to these Terms and Conditions, descending from necessity and/or regulatory updates, will be posted on the Site in order to give notice to the User.
Article 13
Final Provisions
Clauses that for any reason are to be considered wholly or partially null and/or ineffective shall not affect the remaining provisions of this contract, which shall remain valid and effective between the parties.
The Company may at any time and without prior notice disable the User’s access to the Site or suspend the sale of products, if the User fails to comply with one or more of these contractual clauses or willfully violates, by misbehavior, this agreement, without the User being able to claim damages and/or compensation of any kind and/or restitution of sums.
In the event of the User’s breach of this contract, the failure of the Company to exercise its right to act shall in no case constitute a waiver of its right to act.
Art. 14
Communications and Complaints
All communications and/or any complaints of the User against the Company should be sent to the e-mail address: info@tascapan.com.