(pursuant to Chapter I, Title 3, Part 3, of Legislative Decree 206/2005, "Consumer Code" and subsequent amendments and additions)
Please note: The provisions of the Consumer Code apply exclusively to consumers, defined as natural persons residing within the European Union, and do not apply to economic entities such as legal entities, businesses, or VAT-registered holders.
1. Introduction and Effectiveness of the General Terms and Conditions
These general terms and conditions of sale (hereinafter, the "General Terms and Conditions") govern the remote purchase of products made available online from the website www.torroneshop.it (hereinafter, the "Site") in compliance with Italian legislation pursuant to Legislative Decree 206/2005, as amended (hereinafter, the "Consumer Code"). The seller of the products and owner of the Site is: Barbero Davide s.r.l. with registered office at Via Brofferio 84, 14100 Asti (AT), Tax Code/VAT No. 00630770055 and registered in the Asti Companies Register - REA No. 59004 - Email address: ciao@torroneshop.it Certified Email (PEC) address: barberodavide@peclb.it (hereinafter "Barbero Davide or Davide Barbero"). Consumers accessing the Site to make purchases (hereinafter "Customers") are required to carefully read these General Terms and Conditions before placing an order. These Terms and Conditions are made available on the Site and may be consulted by the Customer at any time. Contracts concluded with Barbero Davide through the Site are governed by these General Terms and Conditions in accordance with Italian law. The language used to conclude contracts is Italian.
2. Selecting and Ordering Products
The features and prices of the various products for sale on the Site (hereinafter "Product" or "Products") are shown on the page for each Product. To purchase Products, the Customer must complete and submit the electronic order form, following the instructions on the Site. The Customer must add the Product to the "Shopping Cart" and, after reviewing the General Terms and Conditions and Privacy Policy (shown in the footer of each page of the site), enter shipping and other information, select the desired payment method, and confirm the order. By submitting an order on the Site, which constitutes a contractual offer, the Customer acknowledges and declares that they have read all the information provided during the purchase process and fully accept these General Terms and Conditions and the payment terms. The contract between Barbero Davide and the Customer is deemed concluded upon acceptance of the order by Barbero Davide. This acceptance is communicated to the Customer via an order confirmation email containing a reference to these General Terms and Conditions, the order number, shipping and billing information, a list of the Products ordered with their essential characteristics, and the total price, including shipping costs.
Barbero Davide s.r.l. does not sell alcoholic beverages to anyone under the age of 18. By placing an order, the Customer warrants that the person placing the order and, if different, the recipient of the goods are both over the age of 18.
3. Product Information
Product information and characteristics are available, along with the relevant Product codes, on the Website. The visual representation of the Products on the Website, where available, generally corresponds to the photographic image accompanying the descriptive text. It is understood that the image of the Products themselves is for the sole purpose of presenting them for sale and may not be fully representative of their characteristics and quality, but may differ in color and packaging. In the event of a discrepancy between the image and the product description, the product description shall prevail.
4. Prices and Shipping
Product prices include all taxes and duties. All prices are in euros. Shipping within Italy: throughout Italy, shipping is free for orders over €49; for lower amounts, the cost is €7.50.
5. Payment Methods and Billing
Customers may pay for the products and related shipping costs by credit card or bank transfer. The payment methods accepted on the Site are Visa/Visa Electron and Mastercard. To ensure maximum security, customers will complete the payment transaction directly on the secure server of the Prestashop Checkout Payplug system. The website does not store the customer's credit card number. Customers must complete the transfer within 24 hours of placing the order. If payment is not received within 24 hours, the order will be cancelled and the goods will be made available for purchase by other customers again. Customers who have not completed the bank transfer may be contacted by Customer Service to clarify whether the failure to credit the payment is due to the customer's refusal to confirm the purchase or to other causes. Bank transfer details:
IBAN IT93T0306910300100000012671 --- BIC BCITITMM --- Bank: Intesa SanPaolo - Reason for payment: The customer must indicate the date and order number in the reason for payment, which can be found in the confirmation email (e.g., "Order 01/01/19 no. 1234").
6. Shipping and delivery methods
Products purchased on the Site will be delivered to the address indicated by the customer during the purchase process in the "Address" field. All purchases will be delivered by express courier (hereinafter, "Courier") Monday to Friday, excluding holidays and national holidays. Barbero Davide is not responsible for unforeseeable delays or delays not attributable to it (e.g., strikes, demonstrations, technical problems, or other events). Once the Products have been shipped, the Customer will receive a confirmation email. For shipments to countries outside the European Union, all customs duties are the responsibility of the recipient and will not be charged on this website but will be collected directly by the customs office, possibly through the courier. For shipping details and delivery times, please visit the "Shipping" page on this Website.
7. Right of Withdrawal
The Customer has the right to withdraw from the purchase contract for any reason, without explanation and without penalty, except for the cases of exclusion set forth in Section IV below. To exercise this right, the Customer must send Barbero Davide a written communication within 14 days of receiving the Products. If the Customer wishes to exercise this right before receiving the Products, the notice of withdrawal may be sent at any time before receiving them. This communication must be sent by email to: ciao@torroneshop.it or by certified email to: barberodavide@peclb.it. Upon receipt of the communication, Barbero Davide Customer Service will open a return procedure and provide the Customer with instructions on how to return the Products, which will be shipped at the Customer's expense. The right of withdrawal is governed by the following conditions:
I. The right applies to the Product purchased in its entirety; therefore, if the Product is composed of multiple components or parts, it is not possible to exercise the right of withdrawal for only part of the purchased Product.
II. If the customer exercises the right of withdrawal, Barbero Davide will refund the full amount of the returned goods, excluding shipping costs where applicable, within 14 days of receiving the goods. The refund will be made via bank transfer. In this case, the customer will be responsible for providing the bank details for the refund (account holder, bank name and address, and IBAN).
III. The Products must be returned in the same box in which they were received.
IV. In addition to the cases indicated in the Introduction, the right of withdrawal is excluded in the following cases, pursuant to Article 59 of Legislative Decree 21/2014:
- orders of Products packaged to order or clearly personalized;
- orders of Products that are liable to deteriorate or expire rapidly;
- orders of sealed Products that are not suitable for return due to hygiene or health protection reasons, or that were opened after delivery.
With reference to the cases where the right of withdrawal is excluded, the Customer is specifically informed and accepts that all food products (including wines, spirits, and beverages) are included among the Products that "risk deterioration or rapid expiration," as the characteristics and qualities of these types of Products are subject to alteration, including as a result of improper storage. Therefore, for reasons of hygiene and customer protection, the right of withdrawal applies only to Products purchased on the Site that can be returned to Barbero Davide and re-sold without endangering consumer health. In cases where the right of withdrawal is excluded, Barbero Davide will return the purchased Products to the Customer, charging the Customer the shipping costs.
8. Returns in the event of exercising the right of withdrawal
Barbero Davide will charge the Customer the shipping costs for returning the Products in the event of exercising the right of withdrawal. Customers wishing to exercise the right of withdrawal must follow the procedure indicated in Article 7 above and wait to be contacted or by Barbero Davide to arrange for the return of the Products.
9. Warranty and Lack of Conformity
In the event of a lack of conformity of Products sold by Barbero Davide, the Customer must immediately contact Customer Service by sending a written notification via email to: ciao@torroneshop.it or via certified email to: barberodavide@peclb.it. The legal guarantees set forth in Articles 129, 130, and 132 of the Consumer Code apply to the sale of Products. The Customer has the right, at his or her discretion and provided that the type of Product allows it, to have the Product's conformity restored, free of charge, through repair or replacement, or to an appropriate price reduction or termination of the contract. The Customer forfeits these rights if he or she fails to notify Barbero Davide of the lack of conformity within two months of discovering the defect, unless the Product is perishable by nature (food or alcoholic beverages) or subject to a shorter expiration date, in which case the defect must be reported within 24 hours of receiving the Products.
10. Errors and Limitations of Liability
The information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors, for which Barbero Davide cannot be held liable, except in cases of willful misconduct or gross negligence. Barbero Davide reserves the right to correct errors, inaccuracies, or omissions, even after an order has been placed, or to modify or update the information at any time without prior notice, without prejudice to the Customer's rights under these General Conditions and the Consumer Code. Except in the case of willful misconduct or gross negligence, the Customer is excluded from any right to compensation for damages or the award of compensation, as well as any contractual or non-contractual liability for direct or indirect damages to persons and/or property resulting from the failure to accept or fulfill, even partially, an order. Barbero Davide promotes the responsible consumption of alcohol and excludes any liability, except in the case of willful misconduct or gross negligence, for purchases made by minors under the age of 16. By purchasing any alcoholic product, you declare that you are of legal age, as per Article 7 of Legislative Decree 158/2012. Barbero Davide assumes no liability for purchases made by minors under the age of 18 who have declared themselves to be of a different age.
11. Complaints
Any complaints must be submitted to Barbero Davide by sending a written communication via email to: ciao@torroneshop.it or via certified email to: barberodavide@peclb.it, or by registered mail with return receipt to the following address: Attention: Barbero Davide s.r.l., Via Brofferio, 84 - 14100 Asti (AT). Barbero Davide undertakes to respond to all requests received within a maximum of 7 business days.
12. Online Consumer Dispute Resolution (ADR and ODR)
ADR: Pursuant to Article 49, paragraph 1, letter V of Legislative Decree No. 206 of 6 September 2005 (Consumer Code), the customer may avail of the Joint Conciliation procedure. The procedure may be initiated if the consumer, after submitting a complaint to the company, has not received a response within 45 days or has received a response that is not satisfactory. Customers who choose to use the Joint Conciliation procedure must submit their request to conciliazione@consorzionetcomm.it or fax +39 02 87181126. For further information, please visit: http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/La-Conciliazione-Paritetica.kl ODR Pursuant to Article 14 of Regulation 524/2013, users are informed that in the event of a dispute, they may submit a complaint via the European Union's ODR platform, accessible at the following link: http://ec.europa.eu/consumers/odr/. The ODR platform provides a gateway for users wishing to resolve disputes arising from online sales or service contracts out of court.
13. Applicable Law and Jurisdiction
The sales contract between the Customer and Barbero Davide is deemed to have been concluded in Italy and is governed by Italian law. For the resolution of disputes relating to the interpretation, execution or termination of these General Conditions or individual purchase orders, if the Customer is a consumer pursuant to the Consumer Code, the court of his/her municipality of residence or domicile shall have exclusive jurisdiction if located in Italian territory; in all other cases, the territorial jurisdiction shall be exclusively that of the Court of Asti, excluding any other competent court.***Pursuant to Article 1341 of the Italian Civil Code, the Customer declares to have read and accept specific the following articles of these General Conditions: 6 (liability for delays in delivery), 10 (right to correct errors - exclusions of liability).