Conditions of sale
These general conditions of sale apply to the purchase of products of the brand Pastificio di Martino, made by users via the e-commerce website www.pastadimartino.com.
All products and prices detailed on the website constitute an offer to the public for the purposes and within the limitations and modes stipulated by the website itself and in the following terms and conditions.
All procedures regarding the sale, delivery, and payment are listed in detail in the various sections of the website and are considered an integral and essential part of this contract.
Conditions applicable to individual orders will be those stipulated on the website at the time the order was placed. Any new conditions will be effective from the time of publication on the website and will only be applied to purchases concluded subsequently.
The website is dedicated to retail sales, and as such is intended solely for use by this category of consumers.
In order to make a purchase via the website, the consumer must be an adult (over 18) and have legal capacity, which the consumer declares is the case.
In order to make purchases on the website, the consumer must be identified as a private user.
By sending the confirmation of their online purchase, the customer unconditionally accepts and agrees to be bound by the general and payment conditions stated below in their relations with Pastificio di Martino, and states that he or she has read and accepted all the information provided.
These conditions of purchase must be examined online by customers visiting the www.pastadimartino.com website before confirmation of the order. Sending the order confirmation, therefore, implies complete knowledge and full acceptance of these conditions.
Prior to confirmation of the purchase, the customer will see a summary of the unit price of each product chosen, the total cost in the case of more than one product and the transport costs.
On confirming the purchase and completing the transaction, the customer will receive an email containing the number, date and total cost of the order.
Any communication between the customer regarding and/or related to the purchase of products, including any claims, complaints and inquiries concerning the purchase and/or delivery of products, the exercise of the right of withdrawal etc, should be sent to the seller using the contact details and the procedure indicated on the website to the email address [email protected]
2. Product characteristics and availability
Pastificio di Martino undertakes to update the information and images on the website, as the product range on offer may be updated or subject to changes.
Products are sold with the characteristics described on the website and in accordance with the general conditions of sale published on the website at the time of sending of the order by the customer, to the exclusion of any other terms and conditions.
The seller reserves the right to change these general conditions of sale at any time at their discretion, without obligation to provide site users with any prior notification. Any modifications made will be effective from the date of publication on the website and will apply solely to sales concluded after this date.
Prices, products on sale on the website and/or their characteristics are subject to variation without prior warning. Before sending the order, the customer is invited to check the final purchase price.
The website can be accessed from anywhere in the world. Nevertheless, products available on the website can be purchased only by users who request delivery to one of the countries listed on the website.
3. Unavailable products
Pastificio di Martino declines responsibility for the lack of availability of a product or products.
In such an eventuality, Pastificio di Martino undertakes to act in accordance with the customer’s wishes (by replacing the product with a similar one or removing it from the order).
Due to the causes related to the availability of products, there may be a discrepancy between the value of products ordered and that of the products delivered. When the value of the products delivered is lower than those ordered, Pastificio di Martino undertakes to reduce the amount payable on delivery or give the customer a credit that can be used against subsequent purchases.
4. Procedure for purchasing products
The purchase order sent to the seller from the customer via the website has the value of a contractual proposal and is regulated by these general conditions of sale, which constitute an integral part of the order itself and which the customer, by sending the order, is obliged to accept fully and without reserve.
Before proceeding with a purchase by sending the order, the customer will be asked to carefully read these general conditions and the information regarding the right of withdrawal, to print a copy using the print button and to memorize or keep a copy for his or her records.
Every contract for the purchase of products is considered concluded when the customer receives confirmation of the order from PayPal via email.
5. Procedure for the selection and purchase of products
The products presented on the website may be purchased by the customer selecting the products of interest and placing them in the virtual shopping basket.
Having finished choosing products, in order to complete the purchase of the products placed in the basket, the customer will be redirected on the PayPal website, where they will provide their details to complete the order and process the transaction.
Lastly, the customer will be asked to click on the “confirm and pay” button to confirm the order, which will be sent to the seller and initiate the procedure described. The customer will also be asked to choose the delivery and payment methods from the available options.
6. Delivery and acceptance of goods
The order sent by the customer will be binding for Pastificio di Martino only when the entire order procedure has been duly and correctly completed with no errors highlighted by the website. Pastificio di Martino will not include products in the order which are not expressly requested by the customer.
The seller undertakes to do everything in their power to respect the delivery times stated on the website and, in all cases, to carry out the delivery within a maximum of 30 days from the day after the order is sent by the customer. In the event of failure to deliver the order on the part of the seller due to the unavailability – including temporary – of the product, the seller will provide written notification to the customer and will reimburse any sums already paid by the customer or ask for their authorization to substitute another product.
Shipping of the products ordered by the customer will be executed in the manner selected by the customer from the available options indicated on the website at the time of ordering.
In the event that the packaging of products ordered by the customer arrives at the destination clearly damaged, the customer is invited to refuse the delivery by the courier or to accept the delivery “with reservations”, specifying on the delivery document the type of damage occurring.
7. Prices, shipping costs, and taxes
The price of products is that indicated on the website at the time of sending the order. Prices are inclusive of the cost of standard packaging and VAT (where applicable) but do not include delivery costs, which are calculated prior to confirmation of the order by the seller and which the customer undertakes to pay in addition to the prices indicated on the website.
The customer must pay the seller the total price as shown on the order and the order confirmation sent by email by the seller via PayPal to the customer.
If the products are to be delivered to a country outside the European Union, the total price indicated in the order and confirmed in the order confirmation, inclusive of indirect taxes (where applicable) and net of any customs duties and any other tax on sales, which the customer undertakes at that moment to pay, where due, in addition to the price indicated on the order and the confirmation, in accordance with legal requirements in the country where the products are to be delivered. The customer is invited to consult the relevant authorities in their country of residence or the destination of the products for information regarding any duties or taxes applicable in these countries.
Any other further cost, duty and/or tax applicable in a given country on any product ordered under these general conditions of sale is payable solely by the customer. The customer accepts that lack of knowledge about costs, duties and/or taxes at the time of sending an order to the seller does not constitute a cause for withdrawal from this contract and that the seller will under no circumstances be liable for any such costs.
Payment for products purchased on the website must be made at the time of ordering by PayPal. The customer expressly accepts that the contract with the seller comes into force at the moment the cost of the product or products purchased is credited to the account of the seller.
Payment may be made by PayPal according to the conditions described below. The seller may allow other payment methods, which will be indicated in the payments section of the website.
The seller will send the invoice in the paper form inside the envelope containing the shipping documentation which accompanies the goods.
9. Right of withdrawal
The customer’s rights are protected by legislative decree 185/99. The customer therefore has the right to withdraw from the contract, including partially, without explanation and without incurring additional costs, on condition that the withdrawal is notified by registered post to Pastificio di Martino – Customer Services, Via Castellammare 82, 80054 Gragnano (NA), within 10 working days of receipt of the order. Notification may be also be made within the same time limit, by email to the address [email protected] or by telegram, on condition that it is confirmed by registered post within the subsequent 48 hours. Such notification must specify the desire to withdraw from the purchase and the product or products for which the customer intends to exercise their right to withdrawal, and include a copy of the invoice. The customer must then return the goods at their own expense to Pastificio di Martino Via Castellammare 82, 80054 Gragnano (NA).
When the withdrawal has been carried out in this way, Pastificio di Martino will proceed to reimburse the sum paid for the purchase of the product as rapidly as possible, and in any case within 30 days from the date on which Pastificio di Martino was made aware of the customer’s use of the right to withdrawal, on condition that the entirety of the goods have been received within this period. The sum reimbursed will be net of delivery costs.
The right to withdrawal is not permitted in the case of:
- purchase of sealed packages which have been opened by the customer;
- bespoke or personalized packaging;
- goods which by their nature cannot be returned, or which risk rapid deterioration or damage.
Unauthorized returns that have not been previously agreed are not accepted. Products in sealed packages that have been opened by the customer are not accepted.
In the event that breakage or lack of a product is ascertained, or a product sent which does not comply with the customer’s order, the customer has the right to request the delivery or replacement of the missing or defective product or a credit on subsequent purchases to the same value as the product or products in question. Notification of such anomalies must be made within 3 days of the delivery date, to the contact address indicated in these General Conditions. Costs for the replacement of goods are payable by Pastificio di Martino. Pastificio di Martino is not liable for the imperfect state of products due to incorrect storage after the time of delivery.
Any dispute regarding the application, execution, interpretation or violation of the online contract between the customer and Pastificio di Martino is subject to Italian jurisdiction. For any dispute arising between the parties, the competent authority is the court in the customers’ place of residence, if this is in Italy. Where the customer’s place of residence is outside Italy, the competent authority is that of the registered address of Pastificio di Martino.
12. Intellectual property and copyright
The customer accepts that all the content of this website, including documents, logos and names, as well as all distinctive marks, denominations, images, photographs, written text or graphics used by the website or regarding the products are and will remain the sole property of PASTIFICIO DI MARTINO, and that no right over these is derived by the customer by accessing the website and/or purchasing products.
Content of the website may not be reproduced wholly or partially, circulated using conventional or electronic means, modified or used for any purpose without prior written permission from PASTIFICIO DI MARTINO.
All content is protected by the laws on authors’ rights and the law on the protection of brands, as well as being covered by copyright.
The website may also contain images, videos, articles, documents, logos, and brands from third parties which have expressly authorized the owner of the website to publish them on this website and/or have been acquired and published by the owner of the website in good faith as material appropriate for the public domain. Such material from third parties is also protected by the laws on authors’ rights and the law on the protection of brands, as well as being covered by copyright. With the exception of strictly personal use, it is forbidden to copy, alter, distribute, publish and/or use the contents of this website without the prior express permission of the website owner and, in any case, with the express obligation to state their source.
13. Customer data and protection of privacy
In order to send orders and therefore conclude the agreement, the website requires, through PayPal, certain personal details from the customer, such as name, surname, shipping address and telephone number. The customer is aware that the personal details provided will be used by the seller, PASTIFICIO DI MARTINO, in accordance with Italian law as in the legislative decree no. 196/2003 and subsequent amendments – Privacy Code, in order to implement purchases made through the website and, subject to the customer’s consent, for other purposes as stipulated in the note on privacy made available to the consumer by the website at the time of registration.
The customer declares and guarantees that the data provided to the seller during the purchase process is complete and correct.
14. Special offers, Gifts, and promotions
Promotions introduced by Il PASTIFICIO DI MARTINO are valid while stocks of the products last and are subject to the regulations indicated for individual offers in terms of time and quantity. Promotions cannot be combined.
Products on promotion may be delivered in promotional packaging, different from that shown on the website. The offer of any free products is valid while stocks last.
No replacement or return is possible for any products received by the customer free of charge.
These General Conditions of Use are regulated by Italian law.