Terms and conditions of sale

 

Art. 1 – General provisions

1. These general conditions of sale apply to the purchase of 28 Pastai branded products made through the e-commerce site www.28pastai.it (Website) by users, in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree no. N 206/05 amended by Legislative Decree no.21/14 and Leg. Decree 70/03.
2. Before accessing the products provided by the site, the user must read these General Terms and Conditions of Sale, which are generally and unequivocally accepted at the time of purchase.
3. You are invited to download and print a copy of the purchase form and these General Terms and Conditions of Sale, terms which www.28pastai.it reserves the right to modify unilaterally and without prior notice.

Art. 2 – Subject

1. These General Terms and Conditions of Sale govern the offer, sending and acceptance of purchase orders for products on www.28pastai.it and do not govern the provision of services or the sale of products by parties other than the seller who are present on the same site via links, banners or other hypertext links.
2. Before placing orders and purchasing products and services from other parties, we recommend that you check their terms and conditions of sale.

Art. 3 – Conclusion of the contract

1. In order to conclude the purchase contract, it will be necessary to fill in the electronic form and send it following the relevant instructions.
2. It contains a reference to the General Terms and Conditions of Sale, images of each product with price, the means of payment that can be used, the delivery methods of the purchased products and the relevant shipping and delivery costs, a reference to the conditions for exercising the right of withdrawal, and the methods and timing for returning the purchased products.
3. Before concluding the contract, you will be asked to confirm that you have read the General Conditions of Sale, including the information on the right of withdrawal and the processing of personal data.
4. The contract is concluded when the vendor receives the form filled in by the user, after checking that the data contained therein is correct.
5. The user will be obliged to pay the price from the moment the online order process is completed. This will be done by clicking on the “Confirm and Pay” button at the end of the guided procedure.
6. Once the contract is concluded, the vendor takes over the order for processing.

Art. 4 – Registered users

1. In completing registration procedures, the user undertakes to follow the instructions on the site and to provide their personal data correctly and truthfully.
2. Once registered, the user will receive a confirmation e-mail at the e-mail address provided by them, which will serve as confirmation of the order data and acceptance of the contractual proposal.
3. At the time of the user’s first request for activation of a profile, 28 Pastai shall assign a user name and a password to the user. The latter acknowledges that such identifying factors constitute a system for validating the user’s access to the services and the only system capable of identifying the user that the acts performed by means of such access will be attributed to them and will be binding on them.
4. 28 Pastai undertakes to maintain the secrecy of its access data and to store them with due care and diligence and not to pass them on temporarily to third parties

Art. 5 – Product Availability

1. Product availability refers to the actual availability at the time the user places the order. However, this availability must be considered purely indicative as, due to the simultaneous presence of several users on the site, the products may be sold to other customers before the order is confirmed.
2. Even after the order confirmation email has been sent, partial or total unavailability of goods may occur. In this case, the user will be informed immediately by email. 28 Pastai undertakes in this case to act in accordance with the indications provided by the customer regarding elimination from the order or replacement with a similar product.
3. Due to product availability, there may be a price difference between products ordered and products delivered. In the event that the number of the products delivered is less than the number of products ordered, 28 Pastai undertakes to grant a credit to the customer, which can be used in the next purchase.

Art. 6 – Payment Method and Prices

1. The price of the products shall be as indicated on the website each time, unless there is an obvious error.
2. In the event of an error, 28 Pastai shall notify the purchaser as soon as possible, enabling the order to be confirmed for the correct amount or cancelled. In any event, 28 Pastai shall not be obliged to supply the goods sold at the incorrectly indicated lower price.
3. Site prices include VAT and do not include shipping costs. Prices are subject to change at any time. The changes do not apply to orders for which an order confirmation has already been made.
4. Once you have selected the products you want, they will be added to your shopping basket. Simply follow the purchase instructions and enter or verify the information.
5. Payment can be made by:
   – Credit cards (visa, mastercard, american express)
   – Paypal

Art. 7 – Delivery

1. 28 Pastai ships throughout Italy, generally within 2-5 working days, or if no delivery date is specified, within the estimated time when selecting the delivery method, and in any event, within a maximum of thirty days.
2. For deliveries to territories within the European Union, delivery will be made in 4-10 working days, and within a maximum of 30 days.
3. In territories outside the European Union, delivery will take 10-15 working days.
4. If delivery is not possible, the order will be sent to the depot. In this case, a notice will specify the location of the order and how to agree on a new delivery date. If it is not possible to reach the place of delivery at the agreed time, the customer is requested to contact 28 Pastai to agree on a new delivery date.

Art. 8 – Shipping costs, taxes and duties

1. Shipping costs are borne by the purchaser, except in cases where exceptions are highlighted, and in any case made explicit at the time the order is placed.
2. For shipments outside Europe, the total amount of the order, stated in the order confirmation, will include indirect taxes (if any) net of any customs duties, which the consumer undertakes to pay in addition to the price stated, in accordance with the legal provisions of the country to which the products are to be delivered.
3. The user assumes the obligation to pay any additional costs, applied for whatsoever reason by a given country to which the ordered products are to be delivered, in accordance with these general terms and conditions of sale. Failure to be aware of the costs, charges, duties, taxes and/or levies at the time of placing the order with 28 Pastai shall not constitute grounds for termination of this contract and the user shall not be able to charge these charges to 28 Pastai under any circumstances.

Art. 9 – Promotions and offers

1. Any products offered as free gifts or promotions are valid within the purchase limits imposed by the site and while stocks last. Promotional packages may differ from those published on www.28pastai.it
2. In the event that the customer has received a coupon or any other discount code, these cannot be accumulated and cannot be applied to shipping costs or other promotions already underway, nor to the calculation of the minimum purchase threshold to benefit from any advantages offered.
3. The total amount to be paid is recalculated after considering the coupon or discount code and displayed again before the order confirmation is sent.
4. Any products received as free gifts cannot be returned or exchanged.

Art. 10 – Liability

1. 28 Pastai accepts no liability for inefficiencies attributable to force majeure of any nature or kind whatsoever in the event that it has not been possible to execute within the time limits set out in the contract. By way of example and without limitation, explosions, fires, floods, earthquakes and other similar events, as well as strikes by the Seller’s own employees or by couriers used by 28 Pastai, and other circumstances beyond the Seller’s control, shall be deemed to be causes of force majeure.

Art. 11 – Product Warranty

1. The seller is liable for any defect in the products offered on the site, including the non-conformity of the articles to the products ordered, in accordance with the provisions of Italian law.
2. In the event of any damage during transport or if the seals of the purchased products are broken, the customer shall be entitled to have the goods returned and request a replacement. This right must be exercised by the customer, under penalty of forfeiture, no later than 24 hours from receipt of the parcel, by contacting 28 Pastai directly.
3. The guarantee cannot be recognised in cases where the defects complained of are due to incorrect storage, handling or use, or even transport of the product by the consumer or where the instructions provided by the manufacturer and appearing on the product label are not observed. Similarly, the warranty does not apply whenever the defect is not due to causes attributable to the production and transport of the product to the address provided by the user.

Art. 12 – Withdrawal

1. The customer may cancel the order placed by making a request directly to 28 Pastai at info@28pastai.it. The request shall be accepted if the order has not yet been processed.
2. In accordance with the legal provisions in force, the purchaser has the right to withdraw from the purchase without penalty and without specifying a reason, within a period of 14 days, pursuant to Art. 57 of Legislative Decree 206/2005 from the date of receipt of the products.
3. The user who intends to exercise the right of withdrawal must notify 28 Pastai within 10 days by means of an explicit declaration, which may be sent by registered letter with return receipt to the address:
   28 Pastai Srl –  Via San Giacomo, 30/32 – 80133 Naples, Italy
4. The goods must be returned undamaged, in their original packaging, complete in all their parts and complete with the accompanying fiscal documentation. Without prejudice to the right to verify compliance with the above, 28 Pastai will refund the amount of the products subject to withdrawal within a maximum period of 30 days, net of any shipping costs.
5. The right of withdrawal shall not apply in the event that the products of www.28pastai.it are included in the categories of art. 59 of Legislative Decree 206/2005.
6. The site will make the refund using the same means of payment chosen by the purchaser at the time of purchase. The cost of transporting the returned goods shall be borne by the customer.

Art. 13 – Intellectual property rights

1. All content present on the www.28pastai.it website or referring to 28 Pastai products, including documents, brands, logos, names, images, photographs, creativity, written texts, are and remain the exclusive property of 28 Pastai, as is any distinguishing features or name.
2. All content is protected by copyright and trademark law and is also protected by copyright.
3. The contents of the Site may not be reproduced in whole or in part, transferred by electronic or conventional means, modified or used for any purpose whatsoever without the prior written consent of 28 Pastai.

Art. 14 – Data processing

1. The purchaser’s data are processed in accordance with the provisions of the legislation on the protection of personal data, as specified in the specific section containing the information pursuant to art. 13 Regulation EU 2016/679 (Privacy Policy)

Art. 15 – Contacts

1. Any requests for information may be sent by e-mail to the following address: info@28pastai.it, by telephone to the following number: 800 687 979, and by post to the following address:
   28 Pastai Srl
   Via San Giacomo, 30/32
   80133 Naples, Italy

Art. 16 – Applicable law and jurisdiction

1. These General Terms and Conditions of Sale shall be governed by and interpreted in accordance with Italian law, without prejudice to any overriding mandatory rules of the purchaser’s country of habitual residence. Consequently, the interpretation, execution and termination of the General Conditions of Sale are subject exclusively to Italian law.
2. Any disputes inherent and/or consequent to the terms and conditions shall be settled exclusively by the Italian courts. In particular, if you are a consumer, any disputes shall be settled by the court of your place of domicile or residence in accordance with the applicable law.