General Conditions of Sale
1. Premise and Effectiveness of the General Conditions
The general conditions of sale (referred to as “General Conditions”) serve to regulate the distance purchasing of products made available over the internet by the website www.vecchiamalganegozi.com (referred to as the “Website”), compliant with the Italian standards, as set down in Lgs. Decree 206/2005 and subsequent amendments and integrations (referred to as the “Consumer Code”).
The vendor of the products and owner of the Website is:Vecchia malga negozi S.r.l. socio unico via calzavecchio,23 40033 Casalecchio di Reno - Tel: 0039 0516166687 Fax:0039 0516166686 - VAT 03044961203 email address: firstname.lastname@example.org (referred to as “Vecchia Malga”).
The contract is concluded exclusively through the internet via access to the Website and the entry of a purchase order according to the procedure envisaged for the Website itself.
These conditions may be subject to amendments and the publication date of same on the Website will be equivalent to the date of entry into effect.
Those accessing the Website to make purchases (referred to as “Customer”):
A) are obliged, before sending their order, to read the General Conditions with care, giving confirmation of same. The General Conditions are also made available to Customers on the Website, where they can be viewed at any time, including via the links contained in the email confirming each order, to allow them to be copied or stored.
B) declare that they are legal adults according to applicable law. The Customer making purchases through the Website declare and guarantee that the person receiving delivery of the purchased products is a legal adult according to applicable law. For this purpose, they acknowledge full awareness that current laws prohibit the sale of alcohol to minors and that orders may only be delivered to subjects who can prove that they are legal adults, via statement made under their own responsibility.
These General Conditions are regulated by the Consumer Code and by the regulations covering electronic commerce (Lgs. Decree no. 70/2003 and subsequent amendments and integrations)
In the case that the subject making purchases from the Website is a trade operator, as defined in Art. 3, subsection 1, lett. c) of the Consumer Code, it will not be possible to apply the termination clause as per art. 7 and 8 of these General Conditions or more in general, the provisions, compliant with said Consumer Code, are applied solely to “consumers”.
Contracts concluded with Vecchia Malga through the Website are regulated exclusively by these General Conditions, in exclusive compliance with Italian regulations. The sole language to conclude this contract is Italian and therefore, the Customer, proceeding in the formulation of an order, states full knowledge and understanding of same.
The General Conditions of Sale do not regulate the sale of products by subjects other than Vecchia Malga that may be present on the Website using links, banners or other hypertext links. Before carrying out business transactions with these subjects, it is necessary to check their conditions of sale. Vecchia Malga is not responsible for the supply of services and/or for the sale of products by these subjects. Vecchia Malga does not control and/or monitor any websites that can be consulted using the links. Vecchia Malga is therefore not responsible for the content of these sites or for any errors and/or omissions and/or breach of law by same.
2. Selecting and Ordering Products
The characteristics and prices of the different products on sale on the Website (referred to as “Products” or “Product”) can be found on the pages for each one and therefore, Customers are able to be fully informed; the description of the Product, also states whether the Customer is entitled to withdraw from the contract and pursuant to subsequent articles 7 and 8 of these General Conditions.
In case a Product is offered at a discount price on the Website, the Product info will state (i) the full price against which the discount is calculated and (ii) the full and original sale price.
By sending in the order to the Website, which has the value of a contractual proposal, the Customer recognises and declares that they have viewed all of the indications provided during the purchasing process and that they fully accept these General and Payment Conditions.
The contract stipulated between Vecchia Malga and the Customer must be understood as concluded with the acceptance of the order by Vecchia Malga. This acceptance is communicated to the Customer by email confirming the order, and referring to these General Conditions, the order number, the Customer data and shipping and invoicing data, the list of Products ordered, and their essential characteristics and total price, including delivery costs. The Customer has the task of checking the data in the Order Confirmation, informing the customer service at Vecchia Malga (referred to as “Customer Service”) of any errors and/or corrections no more than 12 (twelve) hours from receipt of the Order Confirmation. This communication may be made using the specific contact form on the Website, accessible via the “Contact Us” tab. After this time, the order will become definitive and prepared for shipping, which means that no further changes can be made. This is without prejudice to the Customer’s rights as stated in article 7.
Before sending the Order Confirmation, Vecchia Malga will check the availability of stock for the issue of the order. In the event that one or more products should be unavailable within the delivery terms, as stated below, the Customer Service department will state this expressly in the Order Conformation and the Customer will have the right, within the subsequent 12 (twelve) hours, to: (i) reply, confirming the shipping of the available products or (ii) to reply by cancelling the whole order. In case of failure to reply within this term, the order will be considered as confirmed solely for the Products available, which will be shipped. The total amount for the unavailable Products will in any case be deducted from the order made by the Customer who will, in any case, be obliged to pay the total only for the Products confirmed for shipping.
3. Product Information
Product information and characteristics are available, together with the relevant Product codes, on the Website.
Visual representation of the Products on the Website, where available, will take the form of a photographic image and info sheet. It is acknowledged that any Product information serves only to present the Products for sale and may not perfectly represent the characteristics and quality, since products may differ slightly in terms of colour and size. In case of a difference between the image and the Product info, the description in the Product info will apply.
Vecchia Malga undertakes to describe and present the items sold on the Website as faithfully as possible. However, it is possible for there to be some errors, imprecisions and differences between the actual product and what is shown on the Website. The photographs of the products on the Website are not contractually binding, since these are considered as merely indicative.
4. Prices and Shipping
Product prices include all taxes and duties. All prices are expressed in Euro.
Shipping costs are not included in the product prices, but are calculated as follows:
- Shipping in Italy:
Shipping is € 8.00 for orders, shipping.
- Shipping outside Italy (to the countries listed in these General Conditions and with the express exclusion of alcoholic beverages and/or products):
Shipping outside Italy is € 29 (six euros and ninety cents).
Vecchia Malga will only deliver products within the Italian Republic and to the countries listed in these General Conditions (see article 6). Alcoholic beverages and products will only be delivered within Italy.
The Customer accepts the right of Vecchia Malga to change the prices of the Products (and shipping and handling costs) at any time; without prejudice to the fact that the Customer will be charged the prices and costs stated on the Website at the time of order creation and therefore, at the time of dispatching the order, as stated in the Order Confirmation.
In case of computer, manual, technical or any other type of error that may lead to a substantial change, not envisaged by Vecchia Malga, in the retail price to the public and which makes the price either exorbitant or insignificant, the purchase order, although accepted, will be considered invalid and cancelled, and any sums paid by the Customer will be refunded no more than fourteen (14) days from the date of cancellation of the order. The refund will be made to the payment method used by the Customer, unless another method is expressly requested. In case of bank transfer or payment with Vecchia Malga prepaid card, it will be the responsibility of the Customer, compliant with the methods in article 11, to provide the bank details against which to obtain the refund (account holder, name and address of the Bank and IBAN). In case or total or partial payment with Carte Regalo Online, a new Carta Regalo Online, charged with an equal amount to the purchase total will be sent to the Customer by Vecchia Malga.
In case of more than one Product being purchased, Vecchia Malga reserves the right to deliver single Products with different delivery dates and times. This choice by Vecchia Malga will not mean any additional charge to the Customer, including increased delivery charges.
5. Method of Payment and Invoicing
5.1 Methods of payment
The Customer may pay for the Products and the relevant delivery costs via credit card listed on the website, by PayPal, by bank transfer, prepaid card (Vecchia Malga prepaid card/ Carta Regalo Online).
- Credit Card
The circuits on which it is possible to make purchases from the website are:
Visa / Visa Electron
Diners Club International
To guarantee maximum security, the Customer will make the payment transaction directly on the bank’s safe server.
The site will not store the number of the Customer’s credit card but, thanks to a protected communication system, used by the credit institute of reference, from the second time that the Customer purchases from the site - if they request it by selecting the special option - they can proceed without having to enter their details a second time. The credit institute of reference uses SSL protocol to encrypt the data transmitted between its server and the Customer’s browser.
Under no circumstances can Vecchia Malga be held responsible for any fraudulent, unlawful use of credit cards that may be made by third parties during the product purchasing and payment processes.
Vecchia Malga reserves the right not to accept purchase orders or suspend execution of orders already confirmed in the event of anomalies or irregular payments. In this case, Vecchia Malga reserves the right to ask the Customer for additional information and/or to send a copy of documents proving the ownership of the credit card used to make the purchase. If no such documentation is sent, Vecchia Malga reserves the right not to accept the order and to terminate any sales contract without this entitling the Customer to make any request for damages or any other claims.
In case of payment by credit card, the order total will be charged at the time when the Order Confirmation is sent by Vecchia Malga.
Once the order has been confirmed, the Customer will be redirected to the PayPal website, where they will be able to pay through their account or using a card, including a prepaid one, or in any case any of the methods accepted by PayPal and compliant with PayPal’s terms and conditions.
Under no circumstances can Vecchia Malga be held responsible for any fraudulent, unlawful use of payment means that may be made by third parties during the product purchasing and payment processes.
Vecchia Malga reserves the right not to accept purchase orders or to suspend execution of orders already confirmed in the event that PayPal informs them of anomalies or irregular payments. In this case, Vecchia Malga reserves the right to ask the Customer for additional information and/or to send a copy of documents proving the ownership of the credit card used to make the purchase. If no such documentation is sent, Vecchia Malga reserves the right not to accept the order and to terminate any sales contract without this entitling the Customer to make any request for damages or any other claims.
In case of payment by PayPal, the order total will be charged at the time when the Order Confirmation is sent by Vecchia Malga.
- Bank transfer
Customers intending to pay by bank transfer, must make this payment no later than 1 days from receipt of the Order Confirmation. If the above terms are not complied with, the order will be cancelled and the Products made available for purchase by other Customers.
Customers who have not made payment within the terms stated above, may be contacted by the Customer Servivce in order to clarify the reason and whether or not the missed payment is due to the wishes of the Customer not to complete the purchase or to another reason.
Bank transfer details: a/c:
Vecchia malga negozi S.r.l.
INTESA SANPAOLO SPA
Reason: the Customer must state on the reason for payment, the date and number of the order, which will be found in the confirmation email (e.g. “Order 01/01/14 no. 100012345").
- Vecchia Malga Prepaid Card / Carta Regalo Online
The Customer must enter the details for the Vecchia Malga Prepaid Card or the Carta Regalo Online, after choosing this method of payment in the purchase procedure. Where the total for the Vecchia Malga Prepaid Card and/or the Carta Regalo Online is not enough to pay the entire order amount, they can be used in combination with other payment methods, as listed in these General Conditions.
Under no circumstances can Vecchia Malga be held responsible for any fraudulent, unlawful use of credit cards that may be made by third parties during the product purchasing and payment processes.
In case of payment made by Vecchia Malga Prepaid Card or Carta Regalo Online,the order total will be charged at the time when the Order Confirmation is sent by Vecchia Malga.
5.2 Tax documents for the order
Vecchia Malga will issue a tax receipt, duly numbered, at the time of sending the Order Confirmation. In the event that, no more than 48 (forty-eight) hours from the confirmation of order, the Customer does not receive a tax receipt by email, they can contact the Customer Service department from the website, as stated in the following article 11.
The receipt will be issued using the information provided by the Customer and that it is necessary for the Customer to pay the utmost attention when providing and then checking these details.
If the purchase is made by a Customer acting not as a consumer but as a trade professional, as defined in art. 3 of the Consumer Code (referred to as “Professional”), they must request an invoice, exclusively by checking the relevant box while making the order, providing VAT registration number, so that the invoice issued by Vecchia Malga can contain these details.
Vecchia Malga will issue an invoice for the order, sending it to the Customer making the order, by email. In the event that, within 48 (forty-eight) hours from the confirmation of order, the Customer does not receive an invoice by email, they can contact the Customer Service department from the website, as stated in the following article 11.
The invoice will be issued using the information provided by the Customer; therefore, it is necessary for the Customer to pay the utmost attention when providing and then checking these details.
The products are subject to the current laws and regulations of customs and excise, as well as to export controls; therefore, they must be purchased, exported and used in compliance with these provisions which the Customer acknowledges by completing the order.
6. Transport and Delivery
Vecchia Malga uses suitable packaging for the types of Product. In the case of deliveries of the same, similar or mixed products, Vecchia Malga reserves the right to use the packaging of the same producers.
Vecchia Malga will deliver directly and/or via specialist couriers, expressly appointed by Vecchia Malga (referred to as “Couriers” and individually, as the “Courier”). The Customer’s presence is required for the delivery; in the event that this is not possible, the Customer may delegate a third party, provided they are legal adults, as per applicable law in the country of delivery. Under no circumstances will the delivery of the Products be made to minors or to persons unable to produce a valid identity document.
At the time of delivery, the Customer is obliged to check that the packaging is whole, and that the Products delivered are those included in the order and listed in the transport documents. In case of visible defects, such as incorrect amounts and/or Products and/or damaged packaging, the Customer is obliged to report them on the transport documents as well as to contact the Customer Service department from the website and as stated in the following article 11, without delay. If the Customer intends to report anomalies they must, in any case sign the transport document, stating “with reservation to check the integrity of the products”. Failure to do so will preclude the Customer from arguing the non-conformity of the Product or its quantities with regard to the order.
Vecchia Malga, except in cases of force majeure or fortuitous circumstances, will deliver the Products ordered no later than 3 (three) working days from the day after the Confirmation of Order. The delivery date stated in the Confirmation of Order, must be considered as indicative and is in no way binding for Vecchia Malga. The Products will be delivered to the address provided to the Customer during the purchase procedure, in the field marked “Shipping details”.
Vecchia Malga is in any case never responsible for delays that are either unforeseeable or due to causes beyond its control.
Once the Products have shipped, the Customer will receive confirmation email complete with a link to track the goods.
All purchases will be delivered between Monday and Friday, excluding weekends and public holidays. Deliveries will be made between the hours of 8:00 and 20:00. Vecchia Malga or the Courier will make 1 (one) attempt to deliver the Products. In case of Customer absence, Vecchia Malga and/or the Courier will send the Customer a message via email, with a contact number, or a link to select for arrangement of a second delivery attempt. If the second attempt should prove unsuccessful, another email will be sent to inform the Customer that the products will be held in storage, free of charge by Vecchia Malga or the Courier (according to the party making a second attempt at delivery) for a maximum of 24 (twenty-four) hours, from the sending of this second email. During this period, the Customer may contact the Courier to arrange a new delivery time, directly and at their own expense. After the above 24 (twenty-four) hours without a new delivery being arranged by the Customer, the Products will be returned to Vecchia Malga, the contract will be considered terminated and the purchase order cancelled, pursuant to article 1456 of the Italian Civil Code. Vecchia Malga will therefore, within the next 14 (fourteen) working days after the termination of contract, refund the amount paid by the Customer, less any delivery costs for the Products, the costs of returning the items to Vecchia Malga and any other expenses and/or damage incurred due to failure to deliver on account of the recipient’s absence. The Customer will be informed of the termination of the sales contract and the amount of the refund by email. In this respect, the Customer acknowledges that collection of the Product is their precise obligation deriving from the purchase contract and that failure to meet this obligation for perishable goods or items which deteriorate easily, will always mean greater damage to Vecchia Malga, equivalent to the price of the Product not collected.
- Delivery services in Italy:
- Delivery services outside Italy:
- Countries in which the service is available: Austria, Belgium, Bulgaria, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Latvia, Lithuania, Luxemburg, Holland, Poland, Portugal, Monaco, United Kingdom, Czech Republic, Romania, Slovakia, Slovenia, Spain (except for the Canary Islands and Ceuta and Melilla), Sweden, Hungary.
Alcoholic beverages cannot be delivered outside Italy. We do not deliver to post-office boxes or poste restante. If the shipping address is not within one of the above countries (with the exclusions listed), or if it is the address of a post-office box or poste restante, Vecchia Malga will terminate the agreement pursuant to Art. 1456 of the Italian Civil Code. Vecchia Malga will, within 14 (fourteen) working days after the termination of the contract, refund any sums paid by the Customer.
7. Right of Termination
Consumer customers, as defined in article 3 of the Consumer Code (hereinafter referred to as the “Consumer”) will be afforded the rights as per art. 52 and subsequent articles of the Consumer Code, as amended by Lgs. Decree 21/02/2014 no. 21; the Consumer therefore has the right to terminate the purchase agreement for any reason, without the need to provide explanations and without any penalty charge, without prejudice to cases of exclusion stated in the following point of this article, according to the methods stated (referred to as “Termination”).
In case of purchasing Products, to use the right of Termination, the Consumer must send Vecchia Malga notice of same no later than 14 (fourteen) days from the date of receipt of the Products, using the form that can be downloaded here or, in the event they decide to Terminate the agreement before receiving the Products, notice of same can be sent before their receipt.
Notice can be sent by means of registered letter with recorded delivery, addressed to:
FAO: Returns and Refunds DepartmentVecchia malga negozi S.r.l. socio unico via calzavecchio, 23 - 40033 Bologna
The Customer Service department at Vecchia Malga will, after receipt of the notice, begin the returns procedure and inform the Consumer how to return the Products, which will be done using a courier named by Vecchia Malga.
The right to terminate the agreement will depend on the following conditions:
I. This right applies to the order, confirmed in its entirety; therefore, if the order consists of more than one item or parts, it is not possible to terminate the order for just one part.
II. In case of the correct and prompt use of the cooling off period, Vecchia Malga will refund the Consumer Customer the full amount for the returned goods, including shipping costs, where applied, no more than 14 (fourteen) days from the date on which termination has been communicated, without prejudice to the right of Vecchia Malga to suspend payment of the refund until receipt of the Products. The refund will be made to the payment method used by the Consumer Customer, unless another method is expressly requested. In case of bank transfer or payment with Vecchia Malga prepaid card, it will be the responsibility of the Consumer Customer, compliant with the methods in article 11, to provide the bank details against which to obtain the refund (account holder, name and address of the Bank and IBAN). In case or total or partial payment with Carte Regalo Online, a new Carta Regalo Online, charged with an equal amount to the purchase total will be sent to the Consumer Customer by Vecchia Malga.
III. To guarantee free returns, pursuant to article 8, the Products must be returned in the same box in which they were delivered, in partfect condition and not altered in any way.
IV. Without prejudice to that stated in these General Conditions, the Consumer’s right of Cancellation will not apply in the following cases, pursuant to art. 59 lgs. decree 21/2014:
- order of Products made to bespoke orders or clearly customised;
- order of Products that risk deterioration or rapid expiry;
- order of sealed Products that cannot be returned for reasons of hygiene or connected to health protection or which have been opened after delivery.
With reference to the cases not included in the cooling off period, as listed above, the Consumer Customer, in particular, is informed and accepts that the Products that “risk deterioration or rapid expiry” include all food Products, since the characteristics and types of these Products are subject to change, including as a result of unsuitable storage. Therefore, for reasons of hygiene and to protect Customerd, the right to termination applies exclusively to Products purchased from the Website that can be returned to Vecchia Malga and made available for sale without endangering health (e.g., books, gadgets, cooking utensils, etc.).
Customers will not be permitted to return any Product that does not comply with the provisions of articles 7 and 8 of these General Conditions.
8. Free Returns
As an additional benefit for the Consumer Customer, Vecchia Malga will cover the costs of returning Products in case of correct and timely use of the right of cancellation.
To make use of the free shipping, the Consumer Customer intending to use the right of cancellation must comply with the procedure stated in the above article 7 and wait to be contacted by the Customer Service Department at Vecchia Malga to agree on the delivery of the Products to the courier who will be chosen directly by Vecchia Malga. It is acknowledged that the Consumer will collaborate fully in the return of the Products.
The Consumer accepts that it is not possible to exercise any right of termination for products that are damaged or used, even in part, by the Consumer.
The Consumer must include a copy of the delivery document accompanying the product, in the packaging box.
9. Warranty and Defects
In case of defects in the Products sold by Vecchia Malga the Customer must contact the Customer Service Department immediately, using the contact form on the website (“Customer Assistance” tab), compliant with the instructions in article 11 below.
Legal Consumer Customer warranty: the Consumer has the right to make use of the legal warranty envisage by the Consumer Code in articles 128 through to 132. This warranty also states that for the warranty to remain valid, the Consumer must notify Vecchia Malga of the defect in conformity found on the Product by the Consumer no more than 2 (two) months of the discovery of same (art. 132 of the Consumer Code). Following this report, the Consumer will have the right, at their own choice and provided that the type of Product allows for this, to have the Product repaired or replaced, at no expense to them, or to a suitable reduction in price or the termination of the sales agreement. The Consumer will not be entitled to any warranty rights in the event that they do not report the defect in conformity to Vecchia Malga within the term of two months from the discovery of said defect, provided that this is not a Product that by its very nature is perishable or subject to a brief expiry period, in which case, the defect must be reported within a briefer period of time.
After a period of two years, as stated beforehand, Vecchia Malga will not in any case be responsible for any conformity defects found by the Consumer. In case of replacement or repair to the Product, the warranty terms will continue to be those for the original Product. The two-year overall period for the legal warranty will continue to apply as from the date of delivery of the original Product. In order to use the warranty, the Consumer will in any case be required to provide proof of purchase, as issued by Vecchia Malga at the time of purchase, as stated above. For the regulations covering statutory warranty, please see the Consumer Code, articles 128 and following.
Legal warranty for Trade: the Trade Customer has the right to use the legal warranty as provided in the Civil Code. This warranty also states that for the warranty to remain valid, the Trade Customer must notify Vecchia Malga of the defect in conformity found on the Product by the Consumer no more than 8 (eight) days of the discovery of same. The legal warranty as stated above is valid for a maximum period of 12 (twelve) months from the delivery of the Product. After this term, Vecchia Malga cannot be held liable for and defects found by the Trade Customer. In order to use the warranty, the Trade Customer will in any case be required to provide proof of purchase, as issued by Vecchia Malga at the time of purchase, as stated above.
10. Errors and Limits to Liability
Product information provided through the website is constantly updated. However, it is not always possible to guarantee the complete absence of error and therefore, Vecchia Malga cannot be held liable for same, except in cases of intent or negligence.
Vecchia Malga reserves the right to correct errors, inaccuracies and omissions even after an order has been sent, or to change or update information at any time without prior notice, without prejudice to the rights of the Customer, pursuant to these General Conditions and to the Consumer Code.
Except in cases of intent or negligence by Vecchia Malga, Customers are not entitled to make any claims and/or requests for damages or indemnification from Vecchia Malga; Vecchia Malga is also free from any contractual or extra-contractual liability for direct or indirect damage to people and/or property caused by failure to accept or issue an order, even in part.
Vecchia Malga promotes responsible drinking and therefore, accepts not liability, except in cases of intent or negligence, in the case of purchases made by minors (under 18). By purchasing any alcohol, the Customer is stating that they are legally adults as per art. 7 of LD 158/2012. Vecchia Malga cannot accept any liability for alcohol purchased by minors who have lied about their age. Alcohol can only be delivered within Italy.
In all cases, Vecchia Malga cannot accept any liability for any inefficiencies in service due to force majeure or unforeseen circumstances, including when dependent on malfunctions or inefficiencies on the internet.
Any further communication other than the one envisaged for the Termination or in any case for which there is a different method, as in these General Conditions, must be sent to Vecchia Malga using the relevant contact form on the website (“Customer Assistance” tab) or by calling the free phone service 800 975880 (from outside Italy +39 02 09997900), open from Monday to Friday from 9:00 to 17:00, excluding holidays, or by recorded letter with return receipt, to the following address:
FAO: Communication OfficeVecchia malga negozi S.r.l. - via calzavecchio, 23 40033 Bologna
Vecchia Malga undertakes to answer all requests within a maximum of 7 working days.
The Customer Service can only deal with requests in Italian.
12. Online resolution of consumer dispute (ODR)
Should the Customer be a Consumer residing in the EU, they may use a dedicated instrument for alternative dispute resolution, as per Lgs. Decree 28/2010. To access the relevant platform, click here.
13. Applicable Law and Jurisdiction
The sales contract between the Customer and Vecchia Malga will be considered as concluded in Italy and is regulated exclusively, with preventive waiver of application of all other standards, by Italian Law. For the resolution of disputed concerning the interpretation, execution or resolution of these General Conditions, or in any case, relevant to single sales contracts and/or single purchase orders:
- Where the Customer is a Consumer, jurisdiction will fall with the court in the place of residence or domicile of the Consumer, provided that same is within the Italian Republic;
- In all other cases, the area jurisdiction will exclusively be that of the Court of Bologna, to the exclusion of all other competent courts.
Pursuant to Art. 1341 of the Civil Code, the Customer declares that they have read and specifically accepted the following articles of these General Conditions: 6 (responsibility for delivery delays), 10 (right to correct errors - exclusion of liability).