ONLINE SALES CONDITIONS
The General Sales Conditions set forth here below regulate the sale of Di Martino Air Srl products through the web site www.pastadimartino.it. Said General Sales Conditions constitute an integral part of any proposal, purchase order and purchase order confirmation related to products sold by Di Martino Air Srl in force at the time of the relative order. The General Sales Conditions set forth here below refer exclusively to direct sales of Di Martino Air Srl products to consumers.
For any shipping outside Italy, the product Mista Corta will be replaced by Penne Mezzani Rigate.
METHODS OF DELIVERY
Di Martino Air Srl will send the products ordered to the consumer using couriers and/or transport companies of its own choice. Goods will be delivered to the address specified at the time of order. The delivery address specified by the consumer may differ from the purchaser’s address.
TERMS OF PAYMENT
The delivery costs for the products purchased will be at the expense of the customer.
Delivery of the products is subject to the customer having paid the relative price using the means of payment chosen from a selection of payment types accepted by Di Martino Air Srl and communicated accordingly in the E-commerce section of the web site www.pastadimartino.it.
Conditions and terms of delivery other than those defined in these General Sales Conditions must be agreed in advance and accepted in writing by Di Martino Air Srl.
The sales prices of products contained in the catalogue on the web site www.pastadimartino.it are expressed in euros and, unless specified otherwise, are inclusive of VAT and any other tax.
Product prices published on the site may be subject to change. Any changes in the price of each product will cancel and replace the price published previously.
The prices applied will always and only be those published on the web site at the time in which the customer places the purchase order.
RESPONSIBILITIES OF PASTIFICIO ATTILIO MASTROMAURO GRANORO SRL
Di Martino Air Srl will not be held liable for the customer’s intended use of the goods purchased. In the event of defective goods, Di Martino Air Srl will only be liable for their replacement. Di Martino Air Srl will not be held liable for the customer’s loss of revenue under any circumstances.
Di Martino Air Srl will not be held liable for any disruption attributable to force majeure of any type or kind, in the event that it cannot comply with the times agreed in the contract. Force majeure can be defined, purely by way of example, as provisions made by public bodies, general and other types of strikes involving the company’s own employees or those employed by the transport companies that Di Martino Air Srl uses for processing the orders, as well as any other circumstances beyond the company’s control.
The customer is responsible for printing and storing these General Sales Conditions once the online purchasing procedure has been completed.
The information contained in the General Sales Conditions must be read and accepted by the customer before the purchase order is submitted; this ensures full compliance with the conditions set forth in Articles 3 and 4 of Legislative Decree No. 185/1999.
Acceptance is indicated by ticking the appropriate space on the web site. In the absence of this, the order cannot be processed.
RIGHT TO CANCEL
If a customer wishes to cancel an order after it has been submitted, a request can be sent by email directly to Di Martino Customer Services at email@example.com: the request will be granted if the order has not yet been processed.
Pursuant to Article 5 of Legislative Decree No. 185/1999, any customer who is not satisfied with the purchase made has the right to withdraw from the contract entered into and return any products ordered and already delivered, without any penalties and without specifying the reason.
The right to cancel must be exercised by the customer, on pain of forfeiture, by sending a registered letter with return receipt to Di Martino Air Srl, Via Castellammare, 82 – 80054 Gragnano (NA), no more than ten working days from receipt of the goods.
The right to cancel may also be exercised, within the same time limit, by telegram or fax…, as long as the communication is confirmed by registered letter with return receipt within 48 hours of sending the telegram or fax.
If the cancellation is exercised in accordance with the conditions specified above, the amount paid for the products and the delivery costs will be refunded to the buyer using one of the following methods, to be chosen by the customer:
a) bank transfer to an account in the customer’s name;
The refund will be free of charge and will be made in the shortest possible time and in any case within thirty days of the date on which firstname.lastname@example.org
was notified of the customer exercising their right to cancel. Delivery costs for return of the goods will be at the expense of the customer.
Products returned must be received by email@example.com within thirty days of the date of delivery.
Products must be returned intact, unused and in their original packaging. If the original box is unusable, another box of the same size and strength may be used in its place.
The only expense incurred by a customer when exercising the right to cancel will be the cost of returning products to firstname.lastname@example.org.
Customers purchasing goods from email@example.com will have the right to return any products purchased and request their replacement in the event of damage occurring during transport or broken seals. This right must be exercised by the customer, on pain of forfeiture, no later than two days after receipt of the goods, by contacting firstname.lastname@example.org directly.
METHOD OF PAYMENT
Customers may pay for products ordered by:
If an invoice is required, the customer should contact Di Martino Air Srl at the email address email@example.com.
Any dispute related to the application, execution, interpretation and violation of a contract that Di Martino Air Srl has entered into online with a customer will be subject to the jurisdiction of the Italian courts.
Any dispute between the parties in question will be settled by the courts in the customer’s place of residence or domicile, if located in Italy.
If the customer’s place of residence or domicile is in Italy, the court of jurisdiction will be that chosen for execution of the contract.
APPLICABLE LAWS AND REFERENCES
Contracts that customers enter into online with Di Martino Air Srl will be governed by Italian law.
Anything not expressly covered herein will be governed by legislative regulations applicable to relationships between contracting parties and the circumstances foreseen in the contract that the customer entered into with Di Martino Air Srl.
Pursuant to Articles 1341 and 1342 of the Italian Civil Code, the customer declares to have carefully read and hereby accepts the General Sales Conditions of Di Martino Air Srl specified here above.
For any communications specified in the General Sales Conditions, customers may contact Di Martino Air Srl using the following contact details:
Tel +39 0818012984
Fax +39 0818012878
TREATMENT OF PERSONAL DATA
The purpose of this policy is to inform all web site users, even before they access the various sections and provide any data, of the methods with which Di Martino Air Srl processes their personal data. Users are invited to read the policy before providing any personal data, filling in the appropriate fields in the various sections on the web site.
Personal data processing
Pursuant to Article 13 of Legislative Decree 196/03, data provided by users of the web site www.pastadimartino.it will be processed by Di Martino Air Srl electronically and manually, with the utmost discretion, in compliance with the appropriate security regulations and exclusively for the purpose of meeting the needs of the users. The data will not be disclosed or broadcast to third parties and the rights pursuant to Article 7 of Legislative Decree 196/03, namely access to personal data and addition, integration or correction of the same, may be exercised at any time. To exercise said rights, pursuant to Article 13 letter f) of Legislative Decree 196/2003, please contact Di Martino Air Srl, Tel: 0818012984Fax 0818012878 E-mail firstname.lastname@example.org, postal address Di Martino Air Srl, Via Castellammare, 82 – 80054 Gragnano (NA) Italy.
Data holder and processors
The data holder is Di Martino Air Srl, with registered office in Via Castellammare, 82 – 80054 Gragnano (NA) ITALY
Personal data provided to Di Martino Air Srl by users via completion of the forms provided is used for the following purposes:
a) to allow users to register with the web site www.pastadimartino.it, which is required for access to particular sections of the web site and in order to supply and manage the various services offered;
b) subject to consent from the user and until said consent is withdrawn, to perform marketing and communication activities, such as sending promotional and advertising material or profiling registered users in order to improve the services and products offered to customers. Said activities may be implemented by email, fax, text and picture text messages, subject to specific consent and until such time as said consent is withdrawn;
c) sending newsletters to provide updates about new elements of the web site, recipes, etc;
d) responding to queries from users about Di Martino Air Srl, its products and its advertisements.
Personal data will be processed by Di Martino Air Srl for the purposes mentioned above, using mainly automated means.
Nature of the provision of users’ personal data
The provision of personal data from the users to the web site www.granoro.it is optional. The provision of personal data is needed for fields marked with an asterisk; said data will be used by Di Martino Air Srl to meet the user’s needs in relation to web site functionality. The absent, partial or incorrect supply of data for fields marked with an asterisk is required in order to perform the function requested. The absent, partial or incorrect provision of non-compulsory personal data will not have any consequential effect.
Categories of personal data subject to processing
In addition to personal data supplied directly by users (name, surname, postal address, email address, etc), the computer systems and software procedures used to operate the web site www.pastadimartino.it also acquire personal data indirectly during connection to the web site, the transmittal of which is implicit in the use of Internet communication protocols.
Said data is only processed for the purpose of compiling anonymous statistical research.
Categories of parties who may be exposed to users’ personal data.
Personal data provided by users may be disclosed to employees or staff working in the Marketing Department of Di Martino Air Srl. Operating under the direct authority of the latter, they will be the appointed data managers or processors pursuant to Articles 29 and 30 of the Code and will receive suitable operating instructions. The data managers appointed by the data holder will be responsible for ensuring that their employees or staff also receive suitable training.
Communication or diffusion of personal data of users.
Personal data supplied directly by users through the completion of online forms will not be disclosed to third parties or broadcast, with the exception of adding to the web site the names of the winners of any prize competitions or operations promoted through the web site of Di Martino Air Srl.
User rights acknowledged in article 7 of the Civil Code
Article 7 Right to access personal data and other rights
1. The data subject has the right to obtain confirmation of the existence of personal data related to him/herself and, even if not yet registered, their communication in intelligible form.
2. The data subject has the right to obtain an indication of:
a) the origins of the personal data;
b) the methods and purpose of the data processing;
c) the logic applied in the case of processing using electronic means;
d) the names of the data holder, managers and the designated representative within the Italian national territory, where applicable;
e) the subjects or categories of subjects to whom personal data may be communicated or who may become aware of the data in the capacity of designated representative within the Italian national territory, data managers or data processors.
3. The party concerned has the right to:
a) request that the data held be updated, corrected or, if desired, added to;
b) request the cancellation of data, or its transformation into an anonymous format or to block any data processed in violation of the law, including those that do not need to be kept for the purposes for which the data was gathered and subsequently processed;
c) certification to the effect that those to whom the data has already been communicated or broadcast have been notified of the operations described in the letters a) and b) above, including with regard to the content, with the exception of cases in which such action is not possible or involves the use of means manifestly disproportionate to the right protected.
4. The party concerned has the right to object in whole or in part:
a) for legitimate reasons, to processing of his/her personal data, even if pertinent to the reason for which it was collected;
b) to the processing of his/her personal data for the purpose of sending out advertising or direct sales materials or for market research or commercial communication studies."
The rights described above may be exercised directly or by assigning a written proxy to a physical person or association.
The user may, at any time, exercise the rights set forth in Article 7 of the Civil Code as well as ask to see a complete list of the names of the Data Managers by sending a request by email to the Data Holder email@example.com, or by standard post to the following address: Di Martino Air Srl, Via Castellammare, 82 – 80054 Gragnano (NA).
In addition, in the event that the user has given his consent, he/she may object to the processing of data for the purposes set forth in letter b), performed using the email address of the same user, by clicking on a link contained in every email message.
Methods of changing the user profile
The user may change the data supplied or cancel his/her profile at any time using the relevant “Change data” section on the web site, or by sending an email to the Data Holder at firstname.lastname@example.org, or by sending a letter by standard surface mail to: Di Martino Air Srl, Via Castellammare, 82 – 80054 Gragnano (NA).
Further information about Italian regulations governing the processing of personal data is available from the Italian data protection authority’s web site www.garanteprivacy.it.