Terms of service

General online sales conditions

of Gourmet 3000 s.r.l., with registered office in 38033 Cavalese (TN), Via degli Artigiani 11, VAT number 02093600225, registered in the Register of Companies of the Trento Chamber of Commerce, registration with REA no. TN199866 e-mail: info@masodellospeck.it Tel.: 0039 0462235677

Given that:

1. the Seller manages the website www.titospeck.it (hereinafter "Website");

2. the website is intended for commercial transactions between businesses and consumers (B2C);

3. the term "General Online Sales Conditions" refers to the sales contract relating to the Seller's consumer goods stipulated between the Seller and the Buyer within the framework of a distance selling system organized by the Seller;

4. the brand and logo relating to the website are the exclusive property of the Seller;

5. these sales conditions govern online sales between Gourmet3000 s.r.l. and the Buyer who expressly declares to make the purchase for purposes not falling within the scope of their commercial, industrial, artisanal or professional activity;

6. these premises constitute an integral and substantial part of the contract

it is agreed as follows:

1. Object of the contract

1.1. These general conditions, which are made available to the Buyer for reproduction and storage pursuant to art. 12, Legislative Decree 9 April 2003, n. 70, have as their object the purchase of products, carried out remotely and by means of a telematic network, through the Seller's website, with registered office in 38033 Cavalese (TN), Via degli Artigiani 11, VAT number 02093600225, registered in the Register of Companies of the Trento Chamber of Commerce, registration with REA no. TN199866, e-mail: info@masodellospeck.it, Tel.: 0462/235677.

1.2. With this contract, respectively, the Seller sells and the Buyer remotely purchases the products indicated and offered for sale on the Seller's Website.

1.3. The main characteristics of the products referred to in the previous point are illustrated on the Seller's Website. The image accompanying a product may not be perfectly representative of its characteristics.

1.4. The Seller undertakes to supply the selected products - within the limits of their availability - upon payment of a fee pursuant to art. 3 of this contract.

2. Acceptance of the sales conditions

2.1. All purchase orders will be forwarded by the Buyer to the Seller through the completion of the indicated purchase procedure.

2.2. These general sales conditions must be examined "online" by the Buyer, before the completion of the purchase procedure. The forwarding of the purchase order by the Buyer, therefore, implies full knowledge of them and their full acceptance.

2.3. By electronically sending the confirmation of their purchase order, the Buyer unconditionally accepts and undertakes to observe, in their relations with the Seller, the general and payment conditions illustrated below, declaring to have read and accepted all the information provided by them pursuant to the aforementioned rules, also acknowledging that the Seller does not consider itself bound by different conditions, unless previously agreed in writing.

2.4. Acceptance of the sales conditions must be expressed by correctly filling in all sections of the electronic form, following the on-screen instructions and, finally, selecting the boxes with the words ACCEPTANCE OF SALES CONDITIONS and PRIVACY POLICY, thereby fully accepting the contents of these documents.

3. Purchase methods and sales prices

3.1. The sales prices of the products on the Website are expressed in euros and are subject to express confirmation via e-mail by the Seller, which constitutes acceptance of the purchase order.

3.2. The prices of the products published on the homepage or in the different sections of the Website include VAT. Shipping costs vary depending on the item chosen and the selected destination country and will in any case be calculated and made visible to the Buyer at the time of placing the order. The total cost of shipping to the Buyer's home is borne by the Buyer, except for exceptions and derogations that will be specifically advertised on the website and/or communicated via e-mail. The cost is, in any case, made known to the Buyer before the confirmation of the purchase order.

3.3. The product chosen by the Buyer from the electronic catalog on the website www.titospeck.it can be placed in the electronic cart without obligation. The content of the cart can be viewed, modified or deleted at any time. After confirming the cart, the Buyer must correctly fill in the request form in all its parts and express their adherence to the online purchase. The order procedure can be interrupted at any time by closing the browser window.

3.4. The receipt of the order does not bind the Seller until the Seller has expressly accepted the order via e-mail. The Seller, with an e-mail containing a summary of the order details, after verifying the availability of the chosen product, will confirm and formally accept the received order.

3.5. The Buyer expressly grants the Seller the right to accept even only partially the order placed (for example, if not all ordered products are available). In this case, the contract will be considered perfected with respect to the goods actually sold.

4. Conclusion of the contract

4.1. The Contract stipulated through the Website is considered concluded when the Buyer receives, via e-mail, the formal order confirmation, through which the Seller accepts the order sent by the Buyer and informs them that they can proceed with its fulfillment. The Contract is concluded at the Seller's registered office.

5. Payment methods

5.1 Any payment by the Buyer can only be made by one of the methods indicated: advance payment by bank transfer, online payment by credit card.

a) advance payment by bank transfer: payment must be made to Cassa Rurale Val di Fiemme IBAN: IT91F0818434600000005350527. The goods will be shipped upon confirmation of payment.

b) online payment by credit card;

6. Delivery methods

6.1. The Seller will deliver the selected and ordered products to the Buyer, at the address indicated by the Buyer, using the methods provided for in the previous articles, through trusted couriers and/or forwarders. Deliveries are made only in European Union countries and will be made, depending on the item chosen, within the terms indicated on the Seller's website and in the confirmation e-mail that will be sent to the Buyer. In the event that the Seller is unable to make the shipment within the terms indicated therein, timely notice will be given via e-mail to the Buyer. The ordered goods will in any case be shipped upon payment thereof and therefore the delivery period starts from that moment.

6.2. If the Buyer is absent at the time of delivery, a notice will be left with the necessary information to contact the courier or forwarder in order to arrange delivery.

6.3. The Seller will not be responsible for delay or non-delivery due to incorrect or incomplete communication of the address by the Buyer.

6.4. Upon receipt of the goods, the Buyer is required to verify the conformity of the product delivered to them with the order placed; only after such verification should the delivery documents be signed, without prejudice, of course, to the right of withdrawal provided for in art. 10 of these conditions.

7. Limitations of liability

7.1. The Seller assumes no responsibility for the delay or non-delivery of the goods due to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that prevent, in whole or in part, the execution of the contract within the agreed times.

7.2. The Seller cannot be held responsible towards the Buyer, except in cases of willful misconduct or gross negligence, for disservices or malfunctions related to the use of the internet that are beyond the Seller's control.

7.3. The Seller will not be liable to any party or third parties for damages, losses and costs incurred as a result of the non-execution of the contract for the reasons mentioned above, the Buyer being entitled only to the return of any price paid.

7.4. The Seller assumes no responsibility for any fraudulent and illicit use that may be made by third parties of credit cards, checks and other means of payment, at the time of payment for the purchased products, if it demonstrates that it has adopted all possible precautions based on the best science and experience of the moment and based on ordinary diligence.

8. Guarantees and assistance methods

8.1. The Seller only sells original products of high quality. In case of questions, complaints or suggestions, the Buyer can contact the Seller via the e-mail address shop@titospeck.it. In order to ensure quick processing of questions, complaints or suggestions, the Buyer must precisely describe the problem and possibly attach the order documents, or indicate the order number, customer number, etc.

8.2. In case of lack of conformity, the rules on legal guarantee as provided for by Legislative Decree 6 September 2005, n. 206 will apply.

8.3. The guarantee applies only to the products indicated in Legislative Decree 6 September 2005, n. 206.

9. Buyer's obligations

9.1. The Buyer undertakes to pay the price of the purchased product within the times and methods indicated in these General Conditions.

9.2. The Buyer undertakes and is obliged, once the purchase procedure is completed, to print and keep these general conditions - which, moreover, they will have already viewed and accepted as a mandatory step in the purchase procedure - as well as the specifications of the product being purchased, in order to fully satisfy the conditions set forth in Legislative Decree 6 September 2005, n. 206.

9.3. It is strictly forbidden for the Buyer to enter false, and/or invented, and/or fictitious data in the registration procedure through the appropriate electronic form; personal data and e-mail must correspond to their real personal data and not to those of third parties, or fictitious data. The Buyer therefore assumes full responsibility for the accuracy and veracity of the data entered in the electronic registration form, aimed at completing the product purchase procedure.

9.4. The Buyer indemnifies the Seller from any liability arising from the issuance of incorrect tax documents due to errors relating to the data provided by the Buyer, as the latter is solely responsible for correct entry.

10. Right of withdrawal pursuant to Legislative Decree no. 206/2005

10.1. The right of withdrawal is recognized only for the products provided for by Legislative Decree 6 September 2005, n. 206 and is therefore expressly excluded for goods that are liable to deteriorate or expire rapidly, such as sausages or cured meats, as provided for by art. 59 letter d).

10.2. For products for which the right of withdrawal is not excluded, the Buyer has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 14 (fourteen) days, starting from the day of receipt of the purchased product.

10.3. In the event that the Buyer decides to exercise the right of withdrawal, they must notify the Seller, using the standard withdrawal form referred to in Annex I part B of Legislative Decree no. 21/2014, or by submitting any other explicit statement of their decision to withdraw from the contract. The burden of proof relating to the exercise of the right of withdrawal, in accordance with this article, rests with the Buyer.

10.4. The goods must be returned without undue delay and in any case within 14 (fourteen) days from the date on which the Buyer communicated their decision to withdraw from the contract to the Seller. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in a state of preservation resulting from the necessary verification of the goods to establish their nature, characteristics and functioning.

10.5. The Buyer cannot exercise the right of withdrawal for purchase contracts for goods made to measure or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or alter rapidly.

10.6. The Buyer who exercises the right of withdrawal in accordance with this article must bear the direct costs of returning the goods to the Seller.

10.7. The Buyer who exercises the right of withdrawal in accordance with the provisions will be reimbursed the sums already paid, with the exception of additional costs related to the type of delivery expressly chosen by the Buyer and different from the least expensive type offered by the Seller. These sums will be reimbursed without undue delay and in any case within 14 (fourteen) days, starting from the day on which the Seller was informed of the Buyer's decision to withdraw from the contract. Unless the Seller has offered to collect the goods themselves, the Seller may however withhold the refund until they have received the goods or until the Buyer has demonstrated that they have returned the goods, whichever occurs first.

10.8. Upon receipt of the communication in which the Buyer informs the Seller of their exercise of the right of withdrawal, the Parties are released from their mutual obligations, without prejudice to the provisions of this article.

11. Communications

11.1. Without prejudice to expressly indicated cases, or those established by legal obligations, communications between the Seller and the Buyer will preferably take place via e-mail messages to their respective electronic addresses, which will be considered by both parties as a valid means of communication and whose production in court cannot be contested solely on the grounds of being electronic documents.

11.2. Written communications addressed to the Seller, as well as any complaints, will be considered valid only if sent to the following address: GOURMET3000 s.r.l., with registered office in 38033 Cavalese, Via Artigiani 11 e-mail: shop@titospeck.it.

11.3. Both parties may at any time change their e-mail address for the purposes of this article, provided they promptly notify the other party in accordance with the forms established in the preceding paragraph.

12. Processing of personal data

All information on the processing of personal data can be found in our privacy policy.

13. Competent court

13.1. In case of disputes arising from or connected to this contract, the parties undertake to seek a fair and amicable settlement between them.

13.2. Pursuant to EU Regulation no. 524/2013, the Seller informs the Buyer that a European platform for online consumer dispute resolution (so-called ODR platform) has been established. The ODR platform can be consulted at the following address https://ec.europa.eu/consumers/odr. The ODR platform constitutes an access point for Buyers who wish to resolve disputes arising from online sales or service contracts out of court. To this end, it is communicated that the Seller's e-mail address is shop@titospeck.it.

13.3. If the dispute has not been resolved amicably or by means of an ADR body accessed through the ODR platform, it may be brought at any time to the exclusive jurisdiction of the Court in whose district the Buyer has their domicile, if located in the territory of the State, as provided for by art. 66-bis of Legislative Decree 206/05; in the event that the Buyer does not have the status of final consumer, it is agreed that any dispute, even in derogation of the rules relating to territorial jurisdiction, will be the exclusive competence of the Court of Bolzano.

14. Applicable law and reference

14.1. This contract is governed by Italian law.

14.2. For anything not expressly provided for herein, the legal provisions applicable to the relationships and cases provided for in this contract apply and, in any case, the provisions of the Civil Code and Legislative Decree 6 September 2005, n. 206 (Consumer Code).

15. Final clauses

15.1. This contract repeals and replaces any previous agreement, understanding, negotiation, written or oral, between the parties concerning the subject matter of this contract.

15.2. Any ineffectiveness of certain clauses does not invalidate the entire contract.

15.3 These general sales conditions have been drawn up in Italian, English and German. In case of difficulties in interpreting them, the parties agree that the Italian text will be considered authentic and effective.