Terms and conditions of use
GENERAL TERMS AND CONDITIONS OF ONLINE SALE
1 Seller's Identification Details
The sale of the products through the website is carried out by Domori S.p.A., with its registered office at [address], VAT No. 03785920103, REA (Economic and Administrative Index) No. 03785920103, email address info@domori.com, telephone +39 011 98.63.465, certified email (PEC) domorisrl@legalmail.it
2 Scope of Application
These General Terms and Conditions of Sale govern the offer and sale of the products made through the website [URL], both in relation to:
• consumers, that is to say, natural persons acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity they may carry on (B2C); and
• professional customers / companies acting in the course of their entrepreneurial or professional activity (B2B).
In respect of any matter not expressly provided for in these Terms, B2C sales shall be governed by the provisions of the Consumer Code (Legislative Decree No. 206/2005), and B2B sales shall be governed by the provisions of the Civil Code relating to contracts.
3 Registration, Account and Purchase as a Guest
The user may make purchases:
• by registering on the website and creating a personal account, providing true and up-to-date information; or
• as a "guest", by entering, on each occasion, the information necessary to complete the order.
The registered user shall safeguard their access credentials with due care, shall not disclose them to third parties, and shall notify the seller without undue delay in the event of any suspected unauthorised use.
4 Characteristics of the Products, Availability and Graphic Representations
The essential characteristics of the products are described in the relevant product descriptions available on the website, including, in the case of foodstuffs, the mandatory information (ingredients, allergens, net weight, use-by date or best-before date, storage conditions, etc.).
The product images are for illustrative purposes only and may not perfectly represent the actual characteristics of the products, without prejudice to the conformity of the product as described in the product description.
The availability of the products is indicated on the website and is subject to change. In the event of supervening unavailability after the order has been submitted, the seller shall promptly inform the buyer and shall refund any sums already paid, without any further liability.
5 Prices, VAT and Delivery Charges
The prices of the products are expressed in Euros and are inclusive of applicable VAT, unless otherwise indicated.
Shipping costs, any additional charges (e.g. gift wrapping, extra services) and any other charges payable by the user are clearly indicated before the order is completed and are summarised in the order form and in the order confirmation.
For professional customers requesting an invoice, prices are exclusive of VAT where so stated, with the tax subsequently set out in the invoice.
6 Order Procedure and Conclusion of the Contract
6.1 Technical Order Procedure
To place an order, the user must:
• select the desired products and add them to the basket;
• access the basket and verify the summary of the order and the related charges;
• enter the delivery and billing details;
• choose a payment method from those available;
• read and accept these General Terms and Conditions of Sale and the privacy notice, by means of a dedicated tick box;
• submit the order by clicking on the button unequivocally identified with the wording "order with obligation to pay" or equivalent.
Before the order is submitted, the website clearly sets out the essential information required by Article 51(2) of the Consumer Code (main characteristics of the goods, total price, duration of the contract, right of withdrawal, etc.).
6.2 Time of Conclusion of the Contract
The submission of the order constitutes an offer to purchase addressed to the seller.
The contract of sale shall be deemed concluded when the user receives, by email, the order confirmation containing the summary of the order, the order number, the seller's details, the essential characteristics of the products, the total price, the shipping costs, the means of payment used, the applicable terms and conditions, and information on the right of withdrawal.
The seller stores concluded contracts in electronic format, and the user may request a copy of them through the contact details provided or, if registered, by accessing their personal account area. [6]
6.3 Means of Payment
In the case of electronic payment, the financial information (card number, expiry date, CVV) is handled directly by the payment service providers and is not stored by the seller.
7 Delivery, Time Limits and Passing of Risk
The products are delivered to the address indicated by the user by express courier or other carriers specified on the website.
The delivery times indicated on the website or in the order confirmation are approximate; any delays not attributable to the wilful misconduct or gross negligence of the seller shall not entitle the user to any compensation, but only to a refund of the amounts paid where the delay is such as to frustrate the purpose of the contract.
For consumers, the risk of loss of or damage to the goods passes to the consumer only at the time when the consumer (or a third party designated by the consumer, other than the carrier) takes physical possession of the goods.
For professional customers, risk passes at the time of delivery to the carrier, unless otherwise agreed.
Upon delivery, the user shall check the integrity of the packaging and that the products received correspond to those ordered, immediately reporting any damage or discrepancies to the carrier and noting them on the transport document.
8 Right of Withdrawal (B2C) and Related Exceptions
8.1 Right of Withdrawal for Consumers
The consumer has the right to withdraw from the contract, without giving any reason, within 14 days of delivery of the products or, in the case of multiple deliveries, from the last delivery.
To exercise the right of withdrawal, the consumer must send the seller an explicit statement of withdrawal (for example, a letter sent by post, fax or email) within the 14-day period, optionally using the model withdrawal form made available on the website, but without any obligation to do so.
For the purpose of complying with the time limit, it is sufficient that the withdrawal communication is dispatched before the expiry of the 14-day period; the effects of withdrawal take effect from the dispatch of the communication, not from its receipt.
If the trader fails to provide correct information on the right of withdrawal, an extended withdrawal period applies (up to one year beyond the 14 days) for the protection of the consumer.
8.2 Exclusions and Exceptions for Food Products
Article 59 of the Consumer Code sets out a number of cases in which the right of withdrawal is excluded. Of these, the following are of particular relevance:
• goods made to the customer's specifications or clearly personalised;
• goods which are liable to deteriorate or expire rapidly;
• sealed goods which are not suitable for return for reasons of hygiene or health protection and which have been opened after delivery.
Given the nature of the products (packaged foodstuffs that are not particularly perishable), the seller may:
• recognise, as a general rule, the right of withdrawal for products that are intact and unopened, provided that they do not fall within the category of goods liable to rapid deterioration;
• expressly exclude the right of withdrawal for:
o products which, by their nature, are liable to deteriorate or expire rapidly (e.g. certain fresh products or those with a short best-before date, where included in the range);
o sealed products which are not suitable for return for reasons of hygiene or health protection, where opened after delivery (e.g. opened food packaging).
8.3 Effects of Withdrawal, Return and Refund
Following the exercise of the right of withdrawal:
• the obligations of the parties to perform the contract, or to conclude it where the consumer had made an offer, shall cease;
• the consumer must return the products to the seller, without undue delay and in any event within 14 days of the date on which the withdrawal was communicated, sending them to the address indicated on the website / in the terms and conditions of sale;
• the consumer shall bear only the direct costs of returning the products, unless the seller has agreed to bear them or has failed to inform the consumer in advance that such costs are payable by the consumer;
• the seller shall refund all payments received from the consumer, including the standard delivery costs, within 14 days of receipt of the withdrawal communication, and may withhold the refund until it has received the goods or the consumer has supplied evidence of having dispatched them;
• the refund shall be made using the same means of payment used by the consumer, unless otherwise agreed.
The consumer shall be liable for any diminution in the value of the goods resulting from handling other than what is necessary to establish their nature and qualities.
9 Withdrawal and Returns for Professional Customers (B2B)
Unless otherwise agreed contractually or commercially, professional customers shall not benefit from the right of withdrawal provided by the Consumer Code.
Any returns for B2B customers may be governed by specific agreements (e.g. returns for non-conformity, marketing agreements), to be set out in a dedicated section or in special conditions.
10 Legal Guarantee of Conformity and Non-Conformity
10.1 Consumers (B2C)
Sales to consumers are subject to the legal guarantee of conformity provided for by the Consumer Code, which protects the consumer in the event of a lack of conformity existing at the time of delivery and becoming apparent within the statutory period.
Where there is a lack of conformity, the consumer is entitled, free of charge, to have the conformity of the goods restored by replacement, or to a reduction in the price or to termination of the contract in the cases provided for.
10.2 Professional Customers (B2B)
For professional customers, the provisions of the Civil Code relating to the warranty against defects and non-conformities apply, together with the relevant time limits for forfeiture and limitation, save for any derogating provisions in B2B conditions.
The professional customer shall inspect the products at the delivery time and shall report any defects or non-conformities within the time limits prescribed by law, failing which the warranty shall be forfeited.
11 Limitations of Liability
Without prejudice to the mandatory rules for the protection of consumers and to the rules on liability for defective products, the seller:
• shall not be liable for indirect or consequential damages (such as, by way of example, loss of profit, loss of opportunity, or loss of data), save in cases of wilful misconduct or gross negligence;
• shall not be liable for any improper use of the products by the user or for any failure to comply with the instructions provided on the label;
• shall not be liable for any disruptions or malfunctions connected with the use of the Internet that are beyond its control.
12 Force Majeure
The seller shall not be liable for any failure to perform, or delay in performing, its contractual obligations due to events of force majeure, such as, by way of example only, natural disasters, wars, strikes, pandemics, measures of the authorities, or interruptions of essential services not attributable to the seller, which prevent or render excessively onerous the performance of the contract.
In such cases, the performance of the obligations shall be suspended for the period during which the force majeure event persists.
13 Protection of Personal Data
Users' personal data are processed in compliance with the applicable legislation on the protection of personal data.
For detailed information on the methods and purposes of the processing, on the rights of data subjects and on the contact details of the data controller, the user is invited to consult the Privacy Notice and the cookie policy available on the website, which forms an integral part of these General Terms and Conditions of Sale.
14 Governing Law, Jurisdiction
These General Terms and Conditions of Sale and the contracts concluded through the website are governed by Italian law, without prejudice, in the case of consumers resident in other EU Member States, to the possible application of any more favourable and mandatory provisions of the law of their country of residence.
• For disputes arising out of or connected with the interpretation, validity and performance of B2C contracts, the competent court shall be that of the place of residence or elected domicile of the consumer, situated within the territory of the State.
• For disputes relating to B2B relationships, the Courts of Turin shall have exclusive jurisdiction, unless otherwise agreed in writing. This clause constitutes an onerous clause within the meaning of Article 1341, second paragraph of the Civil Code and requires specific written approval.
15 Amendments to the General Terms and Conditions
The seller reserves the right to amend these General Terms and Conditions of Sale at any time; the amendments shall apply to sales concluded after the new version has been published on the website.
Each contract shall be governed by the version of the General Terms and Conditions of Sale in force at the time the user submits the order.