These General Terms and Conditions govern the terms and conditions with which Spinosi S.r.l. (“Spinosi”) supplies food products with the Spinosi brand (hereinafter individually the “Product” and jointly the “Products”) to customers through online sales on the website www.spinosi.com (hereinafter the “Site”). These General Terms and Conditions apply to Products sold by Spinosi on its Site only.
Please read these General Terms and Conditions carefully before placing an order for any Product on the Site. Every time customers wish to place an order, they must declare they have read, understood and accepted the contents of these General Terms and Conditions. If customers do not accept these General Terms and Conditions, they will not be able to order any Product on the Site. Customers are requested to print and keep a copy of this document for future reference.
1. Spinosi details
Spinosi S.r.l., with registered office in Campofilone (FM), via XXV Aprile 21, enrolled on the Business Register of Ascoli Piceno no. 90020660446 and VAT no. 01490990445
Spinosi accepts orders placed within the European Union but shall only dispatch Products “Filled Pasta” within Italy (for more details see clause 5 below).
When customers place an order on the Site, they declare they are:
— a duly constituted corporate entity acting for professional purposes, or
— a physical person over the age of 18 who resides in one of the States of the European Union and who is acting for non-professional purposes and purchasing the Product as a consumer.
4. Conclusion of the online sales contract
The purchase order shows the Customer’s intention to purchase the Product(s) indicated in the relevant order. The purchase order shall be considered issued upon completion of the online purchase procedure, in the appropriate section of the Site. After submitting the order, the Customer will receive an email confirming its receipt, indicating the Order Number and details of the Product(s) ordered (hereinafter “Order Summary”). Please note that the Order Summary is only notification from Spinosi that it has received the purchase order submitted by the Customer and, therefore, the order is not yet accepted by Spinosi. All purchase orders must be specifically accepted by Spinosi and shall be considered accepted (and the online sales contract concluded) when the Customer receives an email confirming the Product has been shipped (hereinafter “Shipping Confirmation”).
5. Delivery and transfer of risk of the products
Spinosi delivers Products in Italy (excluding Campione d’Italia and Livigno) by express courier and the Customer will be debited Euro 10.00 (ten/00 Euro) per carton. This amount shall be increased by Euro 12.00 (twelve/00 Euros) if the shipment concerns Sardegna, Venezia and lagoon and the smaller islands.
Spinosi, after Shipping Confirmation, guarantees delivery in Italy within 48-72 hours for orders confirmed from Monday to Friday before 12.00 noon. Working days are from Monday to Friday. Delivery to Basilicata, Campania, Calabria, Molise, Apulia and the islands may take an extra day.
Spinosi delivers Products (excluding the “Filled Pasta”) within some territories of the European Union by express courier charging the customer a cost calculated accordig to the weight of the shipment and according to the place of destination, if permitted.
Spinosi, after Shipping Confirmation, guarantees delivery in European Union within 10 days for orders confirmed from Monday to Friday before 12.00 noon. Working days are from Monday to Friday.
Shipping costs may be changed by Spinosi but changes shall in no circumstance affect contracts which have already been concluded before the change came into effect.
6. Prices and method of payment
The prices of the Products are those shown on the Site for each individual Product. The prices of the Products are given inclusive of VAT, which is updated to the current rate. The prices of the Products shown on the Site do not include shipping charges, which will be clearly shown in a subsequent section of the online purchase procedure.
Spinosi reserves the right to modify the price of its Products at any time. It is understood that changes shall in no circumstance affect contracts which have already been concluded before the change came into effect.
Payment may be made by credit and debit card, PayPal or European bank transfer. Cash on delivery is only permitted in the case of shipment to the Italian territory. Please find below the details for bank transfers:
Spinosi Srl Via XXV Aprile 21 (FM)
Cassa Di Risparmio Di Fermo S.p.a.
63016 Pedaso (AP) – Piazza Roma, 8 ITALY
SWIFT CRFE IT 3F
Any expenses incurred when making the bank transfer shall be paid exclusively by Customers according to the terms and conditions of their bank.
Irrespective of the method of payment, the delivery time of the Product shall be effective from the date of Shipping Confirmation.
7. Legal guarantee of product conformity
Spinosi guarantees that the Products it delivers are those shown and described on its Site and that it complies with all the regulations regarding Product conservation up to the moment it delivers them in the place indicated in the order. The images on the Site are provided for Customers to help them recognise the Products. Due to possible variations in packaging, the photographs may not reflect the exact appearance of the Product delivered.
When Customers purchase Products as consumers, as defined in article 3 of the Italian Consumer Code, they are entitled to exercise their right to the legal guarantee referred to in the aforesaid Consumer Code at articles 128 et seq.
8. Force majeure
Spinosi cannot be held responsible for failure or delayed fulfilment of its obligations indicated herein due to circumstances which are beyond its reasonable and foreseeable control (hereinafter “Force Majeure Events”).
Force Majeure Events include, for example but not limited to, the following circumstances:
— strikes, lockouts and other industrial disputes;
— civil mobilizations and insurrections, invasions, terror attacks or threats of terror attacks, armed conflict (declared or not) or threats or preparation of conflict;
— fires, explosions, storms, floods, earthquakes, epidemics or other natural disasters;
— impossibility of using public or private telecommunications;
— pandemics or epidemics.
Fulfilment of obligations by Spinosi in accordance with these General Terms and Conditions shall be considered suspended for the duration of the Force Majeure Events. Spinosi will do everything in its power to come up with solutions that allow it to correctly fulfil its obligations despite the continuance of the Force Majeure Events.
Failure to request compliance with any of the provisions referred to in these General Terms and Conditions will not affect the right of each party to demand fulfilment at a later date. Waiving the exercising of a right resulting from a violation of these General Terms and Conditions will not constitute a waiver of the exercising of a right deriving from a subsequent violation of the same provision.
No waiver by either of the parties to an article of these General Terms and Conditions will be effective unless it is expressly stated to be a waiver and is notified in writing.
10. Invalidity of single clauses
If any of the provisions of these General Terms and Conditions are illegal or not valid, they shall not be considered part of the General Terms and Conditions and this shall not affect the remaining provisions which will continue to be valid to the maximum extent permitted by law.
Spinosi reserves the right to change these General Terms and Conditions at any time, giving specific notice on the Site. Customers acknowledge and accept that any changes to these General Terms and Conditions shall apply to orders submitted by Customers after the date in which the change to these General Terms and Conditions was published.
Spinosi declares that it is the owner and licensee of all the intellectual property rights referring and/or pertinent to the Site and/or to the materials and contents on the Site. Customers may use the Site and the materials and content contained therein for personal, non-commercial use only. These General Terms and Conditions do not grant the Customer the licence to use the Site and/or the individual contents and/or materials contained therein. Any other use or reproduction of the Site or the materials and contents contained therein in strictly prohibited.
The Site is provided “as is” and Spinosi gives no explicit or implied guarantee regarding the Site. Spinosi gives no guarantee that the Site will meet the Customer’s needs, that it will never be interrupted or it will not be free of errors, viruses or bugs.
Spinosi will endeavour to ensure that the Site is continuously available 24 hours a day, but in no way shall it be held responsible if, for any reason, the Site is not accessible and/or operational at any time or for any period. Access to the Site may be temporarily interrupted without notice in the event of a system failure, maintenance, repairs or for reasons completely unrelated to the will of Spinosi or due to Force Majeure Events.
14. Applicable law and jurisdiction
These General Terms and Conditions and the individual contracts regulated by them are governed exclusively by current Italian law.
Any disputes that may arise between Spinosi and the Customer regarding these General Terms and Conditions and/or the individual Contracts shall be subject to the exclusive jurisdiction of the courts of the residence or the elected domicile of the Customer