CONTRACT FOR THE ONLINE SALE OF CONSUMER PRODUCTS

 

The “Supplier” of consumer goods is “La Morenita” by Daniel Becker Arriola, with registered office in via S. Lucia, 8 – Bastia Umbra (PG) – Italy (VAT number 03438980546) – email: lamorenitatortillas@gmail.com – pec: morenita@pec.it

 

1. Premise

“Supplier” is the above-mentioned entity that supplies the goods which are the object of this contract.

“Purchaser” is the final consumer, a natural person, who makes the purchase of the goods referred to in this contract for purposes not related to any commercial or entrepreneurial activity carried out.

“Online Sales Contract” means the contract for the sale of the Supplier’s products which is concluded with the Buyer via a system of telematic tools organised by the Supplier.

 

2. Object of the contract

With this contract, the Supplier sells and the Buyer purchases remotely, via telematic tools, the products indicated and offered for sale on this site https://www.lamorenita.it/ within which the same products are illustrated and described.

 

3. Methods of entering into the contract

The contract between the Supplier and the Buyer is concluded via the Internet, through the Buyer accessing the address of this website where, following the procedures indicated, the Buyer will formalize the acceptance for the purchase of the products.

The stipulation of it occurs through the expression of consent to the public purchase proposal of the Supplier. This consent is manifested through the adhesion made by the Buyer, following exactly the indications contained on the site itself.

In the shopping cart page, the buyer can view a summary web page showing the type and quantity of goods to be purchased, the final price of each product and any related discount and the total cost of purchasing the goods to be purchased. Finally, before final acceptance, the buyer can view a printable order summary web page showing the details of the person ordering and the order, the price of the goods purchased, shipping costs and any additional charges, the payment method, the address where the goods will be delivered and the exclusion of the right of withdrawal pursuant to art. 59 of the Consumer Code. The contract will always be subject to product availability.

 

4. Payment Methods

Each payment by the Buyer may only be made using one of the methods indicated on the specific web page by the Supplier.

 

5. Delivery times and methods

The Supplier will deliver the selected and ordered products, using the methods indicated on the website at the time of the offer of the goods.

The shipping methods, times and costs are clearly indicated and highlighted on this site https://www.lamorenita.it/.

Shipping times may vary from the same day of the order to a maximum of 7 working days from the confirmation of the order. In the event that the Supplier is unable to ship within this time frame, the Buyer will be promptly notified by e-mail, with the indication of the new shipping time frame.

 

6. Prices

All sales prices of the products displayed and indicated on this website https://www.lamorenita.it/ are expressed in euros and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code. The sales prices include VAT and any other taxes and additional charges.

The prices indicated for each of the goods offered to the public are valid until the date indicated in the electronic catalogue.

 

7. Right of withdrawal: exclusion pursuant to art. 59 of the Consumer Code

The Buyer, pursuant to art. 59 of the Consumer Code, does not have the right of withdrawal as it concerns the supply of food products that expire rapidly (art. 59, letter d, Consumer Code) and the supply of sealed goods that cannot be returned for hygiene reasons (art. 59, letter e, Consumer Code).

 

8. Guarantees and assistance methods

The seller supplies the consumer with products that comply with the sales contract.

For the purposes of this contract and pursuant to art. 129 of the Consumer Code, consumer goods are presumed to be in conformity with the contract if the following circumstances coexist: a) they are suitable for the use for which they are intended; b) they conform to the description given by the seller and possess the qualities of the goods that the seller has presented to the consumer as a sample or model; c) they have the quality and performance which are normal in goods of the same type, which the consumer can reasonably expect, taking into account the nature of the goods and, where applicable, public statements on the specific characteristics of the goods made in this regard by the seller, in particular in advertising or on labelling; d) they are also suitable for the particular use desired by the consumer and which was brought to the attention of the seller by the latter at the time of conclusion of the contract and which the seller has also accepted by conclusive facts.

Due to the nature of the goods delivered, any lack of conformity with the order must be proven by the purchaser and must be reported to the Supplier within 4 hours of delivery, otherwise all rights will be forfeited.

In the event of a lack of conformity, the Buyer may request, without charge, under the conditions indicated below, the replacement of the purchased good unless the request is objectively impossible to satisfy or is excessively onerous for the Supplier, taking into account the value of the purchased good.

In the same communication, where the Supplier has accepted the Buyer's request, it must indicate the methods of returning the defective goods. Any refund to the Buyer will be credited using one of the methods proposed by the Supplier and chosen by the Buyer.

 

9. Limitations of liability

The Supplier is not responsible for any food allergies of the Buyer or of people using the product, as its components are indicated in the description contained on the site and, consequently, known by the Buyer.

The Supplier assumes no responsibility for disruptions attributable to force majeure, in the event that it is unable to execute the order within the timeframes set out in the contract.

The Supplier shall not be held liable to the Buyer for any disruptions or malfunctions connected to the use of the Internet.

Furthermore, the Supplier shall not be liable for damages, losses and costs incurred by the Buyer as a result of failure to execute the contract for reasons not attributable to him, the Buyer being entitled only to the full refund of the price paid and any additional costs incurred.

The Supplier assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards, cheques and other means of payment, when paying for the products purchased.

 

10. Buyer's Obligations

The Buyer is responsible for the price of the purchased goods within the time and manner indicated in the contract.

The Buyer, in his interest, once the online purchase procedure has been concluded, will print and keep this contract.

The information contained in this contract has, moreover, already been viewed and accepted by the Buyer, who acknowledges this, as this step is made mandatory before the purchase confirmation.

 

11. Causes for termination

The obligations undertaken by the Buyer, as well as the guarantee of successful payment made by the Buyer, are essential, so that by express agreement, failure to fulfill said obligations will result in the termination of the contract pursuant to art. 1456 of the Italian Civil Code, without the need for a judicial ruling.

 

12. Complaints and Dispute Resolution

Written communications addressed to the Supplier and any complaints will be considered valid only if sent to the address indicated on the website https://www.lamorenita.it/

The Buyer indicates, at the time of conclusion of the contract, according to the instructions provided therein, his/her residence or domicile, telephone number or e-mail address to which he/she wishes the Supplier's communications to be sent.

All disputes arising from this contract will be referred to a conciliation attempt at the Mediation Body of the Perugia Chamber of Commerce and resolved in accordance with the Conciliation Regulations adopted by the same.

 

13. Applicable law and referral

This contract is governed by Italian law. It repeals and replaces any agreement, understanding, negotiation, written or oral, previously entered into between the parties and concerning the subject of this contract.

For anything not expressly provided for herein, the provisions of law applicable to the relationships and situations envisaged in this contract shall apply.