Pesto Genuino (Calabrian pesto)

GENERAL TERMS AND CONDITIONS OF CONTRACT

1. Subject of the contract
1.1. These General Terms and Conditions govern the purchase of products and services, carried out at a distance, over an electronic network, from Garofalo Carmelina, C/da Pallone 87050 Marzi (CS), owner of the website www.scalzo.it Every purchase transaction shall be governed by the provisions of Legislative Decree no. 206 of 6 September 2005  and, as regards the protection of confidentiality, shall be subject to the rules laid down in Law no. 196/2003.
1.2. Any delivery times indicated in the price list and/or confirmed by means of an order confirmation may be subject to change, including changes due to production scheduling. In any case, they are always indicative, never binding on the seller, and are always understood as working days.

2. Acceptance of the general terms of sale
2.1. The contract entered into between L’azienda Scalzo and the Customer shall be deemed concluded upon acceptance of the order by L’azienda Scalzo. Such acceptance is deemed tacit where the latter company begins to perform the contract. Should the order be placed on a public holiday, L’azienda Scalzo reserves the right to accept that order by the first following working day.
2.2. The mere payment of the consideration by the Customer, through an online payment procedure or by credit card, does not constitute conclusion of the contract. Therefore, should L’azienda Scalzo intend to refuse the purchase proposal made by the Customer, it shall be required immediately, and in any case no later than the following twenty-four working hours, to return any consideration paid in advance.
2.3. The Customer may not claim any compensation for damages or indemnity, nor assert any contractual or non-contractual liability, for direct or indirect damage to persons and/or property caused by the failure to accept an order, including in part.
2.4. By placing an order, the Customer declares that they have read all the information provided to them during the purchase procedure and that they fully accept the general terms and payment conditions set out below.

3. Purchase procedure
3.1. The Customer may purchase only the products present on the website at the time the order is submitted, as described in the relevant information sheets.
3.2. The image accompanying the descriptive sheet of a product may not be perfectly representative of its characteristics, but may differ, for example and by way of illustration only and not exhaustively, in colour, size, accessories shown in the picture, etc. All information supporting the purchase is to be understood as simple generic informational material, not referable to the actual characteristics of an individual product.
3.3. Correct receipt of the order is confirmed by L’azienda Scalzo by means of a reply by e-mail, sent to the e-mail address provided by the Customer. This confirmation message will state an Order Number, to be used in every further communication with L’azienda Scalzo. The message repeats all the data entered by the Customer, who undertakes to check that they are correct and to communicate any corrections promptly, in the manner described in this document.
Should the order not be accepted, L’azienda Scalzo will inform the Customer promptly.
3.4. The prices in the price list are valid until changed, which may occur at any time and without notice.
3.5. Payments shall be made: by bank transfer (to the Current Account CREDITO COOPERATIVO CENTRO CALABRIA, Santo Stefano di Rogliano (CS) branch, IBAN: IT97O 08258 81140 011000004084, or by Credit Card, or by cash on delivery to the courier. 
3.6. Transport and delivery costs are borne by the buyer.

4. Right of withdrawal
4.1. If the customer is a consumer (that is, a natural person who purchases the goods for purposes unrelated to their professional activity, or who does not make the purchase by so indicating on the order form to L’azienda Scalzo, they have the right to withdraw from the purchase contract.
To exercise this right, the customer must send L’azienda Scalzo a communication to that effect, within 10 working days from the date of receipt of the goods. Such communication must be sent by registered letter with return receipt, addressed to: Garofalo Carmelina, C/da Pallone – 87050 Marzi (CS), or by telegram or fax, likewise sent within the aforesaid period of 10 days and followed by a confirmation by registered letter with return receipt, sent within the following 48 hours. Once the aforesaid notice of withdrawal has been received, Customer Service  will promptly provide the Customer with instructions on how to return the goods, which must reach L’azienda Scalzo within 10 days of authorisation.
4.2. The right of withdrawal is in any case subject to the following conditions:
a) the right applies to the purchased product in its entirety; it is not possible to exercise withdrawal on only part of the purchased product;   
b) the purchased item must be intact and returned in its original packaging, complete in all its parts;
c) the shipping costs relating to the return of the item are borne by the Customer;
d) the shipment, until confirmation of receipt at the seller’s warehouse, is entirely the Customer’s responsibility;
e) in the event of damage to the item during transport, L’azienda Scalzo will inform the Customer of what has happened (within 5 working days of receipt of the item at its warehouses), so as to allow them to file a complaint promptly against the courier they chose and obtain reimbursement of the value of the item (if insured); in this event, the product will be made available to the Customer for its return, simultaneously cancelling the withdrawal request;
f) L’azienda Scalzo is in no way liable for damage or theft/loss of goods returned with uninsured shipments;
g) on its arrival at the warehouse, the product will be examined to assess any damage or tampering not arising from transport. Should the original packaging and/or wrapping be found to be spoiled, L’azienda Scalzo will withhold from the refund due a percentage, in any case not exceeding 10% thereof, as a contribution to restoration costs.
4.3. Without prejudice to any restoration costs for established damage to the original packaging, L’azienda Scalzo will refund the customer the amount already paid in the shortest possible time and in any case within 30 days of the withdrawal request, by means of a reversal of the amount charged to the Credit Card or by Bank Transfer. In the latter case, it is the customer’s responsibility to provide promptly the bank details on which to obtain the refund (IBAN code or ABI –CAB – Current account of the invoice holder).
4.4. The right of withdrawal lapses entirely, on account of the item not being intact (packaging and/or its contents), in cases where L’azienda Scalzo ascertains:
a) the absence of the outer packaging and/or of the original inner wrapping;
b) the absence of integral parts of the product;
c) damage to the product for reasons other than its transport.
4.5. In the event of the lapse of the right of withdrawal, L’azienda Scalzo will return the purchased item to the sender, charging the shipping costs to them.