1.1 These General Conditions for Online Sale online (hereinafter “GCS”) govern the contract (hereinafter the “CONTRACT”) for the sale of products (hereinafter the “PRODUCT” or the “PRODUCTS”) on the website www.keple.it (hereinafter the “WEBSITE”), owned by the company Panificio Bonomo Pietro & C. S.n.c. (Keple) with registered office and administrative headquarters in Asiago, at Via Jacopo Scajaro n.4, (hereinafter also “THE SELLER”) and purchased electronically by the users of the WEBSITE (hereinafter the “CUSTOMER”).
1.2 These General Terms and Conditions of Sale apply to the offer of Products, as defined below, to consumers (meaning consumers, pursuant to clause 3, co. 1, lett. a, of the Legislative Decree. 6 September 2005 no. 206, individuals acting for purposes not related to their commercial or professional activity), as well as the submission and acceptance of online purchase orders between the Panificio Bonomo Pietro & C. S.n.c. (Keple) and a consumer. Therefore, the rules set forth in Legislative Decree no. 206/2005, c.d. Consumer Code and in Legislative Decree no. 70/2003 on electronic commerce.
1.3 The submission of an order for the purchase by the CUSTOMER of one or more products on the WEBSITE implies the acceptance of these GCS by the CUSTOMER. The Seller invites you to carefully read these General Conditions of Sale before making any purchase through the Website.
2. Effectiveness and amendments to the GCS
2.1 The GCS applicable to the sale of PRODUCTS are those published on the WEBSITE on the date of the order of the PRODUCTS. The CUSTOMER may easily store the GCS on a durable medium and reproduce them on paper by printing them in accordance with the provisions of the Consumer Code.
2.2 The Seller reserves the right to amend these General Conditions of Sale at any time; any amendments and/or additions will enter into force from the time of their publication on the WEBSITE and will apply to sales made after their publication. The CUSTOMER is therefore obliged to periodically check the publication of the latest GCS.
2.3 Based on the specific nature of the PRODUCTS, some sales campaigns may be subject to special conditions of sale in addition to these GCS. Such special conditions, if any, will be accessible and viewable in the “description” section of the specific showcase through the appropriate link. By purchasing the PRODUCT from these sales campaigns, the CUSTOMER accepts the relevant special conditions in addition to these GCS.
3. Sales procedure and payments
3.1 The offer of PRODUCTS presented on the WEBSITE is subject to their actual availability. The Seller reserves the right not to follow up on orders from persons who do not fall within the definition of Customer, or orders that do not conform to its commercial policy. The Seller shall in no case be held responsible for the temporary unavailability of one or more Products. Payment can be made by credit card or PayPal. The charge will be made within 12 hours of the CUSTOMER sending the order confirmation.
3.2 The sending of the Order Form is also considered as acceptance of a possible partial delivery, limited to the Products available within those ordered, as well as a waiver to claim compensation or indemnity for this reason. If the CUSTOMER has already paid for the complete order, the Seller will refund the portion of the Price corresponding to the Products that are not available according to the procedures described below. In the event of multiple orders, as many CONTRACTS are entered into as there are PRODUCTS ordered. The effectiveness of each CONTRACT is subject to the actual availability of the PRODUCT, as specified in the following clause 4.2.
3.3 The essential characteristics of the PRODUCTS, including the price including VAT and shipping costs, can be viewed and known by the CUSTOMER at a time prior to the conclusion of the CONTRACT and the making of payment. In particular, the essential characteristics of the PRODUCTS can be viewed by accessing the data sheet of the PRODUCT itself, where Panificio Bonomo Pietro & C. S.n.c. (Keple), in addition to the description and characteristics of the PRODUCT, will also publish, if possible, photographs and / or videos for the sole purpose of providing a representation of the PRODUCT.
3.4 The prices indicated on the WEBSITE do not include any taxes, duties or levies applicable in the country of destination of the products and/or services if this is different from Italy. These costs, which differ from country to country, are borne by the CUSTOMER, who is responsible for verifying the amount with the competent customs authorities.
4. Panificio Bonomo Pietro & C. S.n.c. (Keple)’s Rights and Obligations
4.1 Panificio Bonomo Pietro & C. S.n.c. (Keple), without prejudice to the provisions of the following clause 4.2. It undertakes to ship the PRODUCTS to the address communicated by the CUSTOMER in the purchase order or, if applicable, through the carrier responsible for transporting the PRODUCTS themselves. Panificio Bonomo Pietro & C. S.n.c. (Keple) cannot be held responsible for errors in the shipment due to inaccuracies or incompleteness in the completion of the purchase order by the CUSTOMER, such as, by way of example but not limited to, errors in the indication of the address or telephone number or for any changes to data subsequently made to the CUSTOMER. Panificio Bonomo Pietro & C. S.n.c. (Keple) cannot be held responsible for delays in delivery attributable to the CUSTOMER. Delivery is made by express courier; P.O. Boxes are not considered valid addresses for delivery purposes.
4.2 Panificio Bonomo Pietro & C. S.n.c. (Keple) reserves the right to notify the CUSTOMER, within 15 days of purchase, at the email address associated with the CUSTOMER, of the possible unavailability of one or more of the PRODUCTS purchased. In this case, Panificio Bonomo Pietro & C. S.n.c. (Keple) will refund (to the payment card or bank account or Pay Pal as used to make the purchase) the price.
Exclusively upon proposal of Panificio Bonomo Pietro & C. S.n.c. (Keple) and previous agreement with the CUSTOMER, Panificio Bonomo Pietro & C. S.n.c. (Keple) may send a different PRODUCT to the one ordered, but of equivalent value.
4.3 The prices of PRODUCTS sold on the WEBSITE are inclusive of VAT and are prices charged to the public by the individual merchant. Panificio Bonomo Pietro & C. S.n.c. (Keple) reserves the right to make changes to them at any time. Any changes to the prices of the PRODUCTS will not, however, effective to the CUSTOMER who has already placed an order.
5. Rights and obligations of the CLIENT
5.1 The CUSTOMER is the only person responsible for the truthfulness and correctness of the information and data provided to Panificio Bonomo Pietro & C. S.n.c. (Keple), and, in case of registration, undertakes to promptly communicate any changes in the data entered in the “My Account” section of the WEBSITE.
5.2 The CUSTOMER, upon confirmation of the purchase order:
a) confirms that he/she has read, understood and accepted the GCS;
b) confirms the truthfulness of the data inserted and that he/she is of age;
The CUSTOMER agrees, once the purchase process on the WEBSITE is completed, both to save an electronic copy and to print out the CONTRACT and the GCS in order to preserve same, as indicated in the previous clause 2.1.
5.4 A summary of the order and the products purchased will be sent to the CUSTOMER by e-mail automatically at the conclusion of the purchase order. The transmission of the Order Form implies unconditional acceptance by the CUSTOMER and the commitment to observe, in relations with the Seller, these General Conditions of Sale. The Contract is concluded when the Customer receives the Order Confirmation. The Price may be subject to updates until the final submission of the Order Form. Submission of the Order Form implies confirmation and acceptance of the Price.
5.5 Upon delivery of the PRODUCTS to the CUSTOMER by the carrier responsible for their transport, the CUSTOMER shall check, in the presence of the carrier:
a) that the quantity and type of PRODUCTS ordered corresponds to what is indicated in the transport document;
b) that the packaging used for the transport is intact, not damaged, wet or otherwise altered, even only in the closing materials;
c) that the quantity and type of PRODUCTS delivered correspond to the actual order.
Any anomalies or discrepancies with respect to the order must be reported immediately to the carrier upon receipt of the products, making a special note in the transport document.
5.6 For support or complaints about the products purchased, the customer can contact Panificio Bonomo Pietro & C. S.n.c. (Keple) at the addresses listed on the website under “Contact”.
6. Use of the WEBSITE
6.1 Panificio Bonomo Pietro & C. S.n.c. (Keple) does not assume any responsibility for the problems caused to the CUSTOMER by the use of the WEBSITE and the technologies used as they do not depend on its own will, such as, by way of example:
a) errors, delays or inability to access the WEBSITE by the CUSTOMER during the execution of the sale procedure;
b) errors, delays or inability to receive, by the customer, communications made by Panificio Bonomo Pietro & C. S.n.c. (Keple) in relation to the sale of products.
7. Right of withdrawal
7.1 The CUSTOMER has the right to withdraw from the CONTRACT, without any penalty and without specifying the reason, no later than 14 (fourteen) days from receipt of the PRODUCT at the address indicated for delivery. Full proof of receipt is the date shown on the transport document.
7.2 The CUSTOMER may exercise the right of withdrawal by informing Panificio Bonomo Pietro & C. S.n.c. (Keple) before the expiry of the withdrawal period through an explicit declaration of the decision to withdraw from the CONTRACT to be sent by post (as evidenced by the postmark) to Panificio Bonomo Pietro & C. S.n.c. (Keple), via Via Jacopo Scajaro n.4, Asiago(VI) 36071, specifying name and surname, order number, order date and date of receipt of the PRODUCT. Panificio Bonomo Pietro & C. S.n.c. (Keple) will notify any confirmation of the impossibility to exercise the withdrawal in the cases provided for in clause. 7.5.
For your convenience, you can download the withdrawal form pursuant to lett.h paragraph 1, Lgs. decree February 21, 2014, no. 21
7.3 In case of exercising the right of withdrawal, the CUSTOMER must return the PRODUCT to Panificio Bonomo Pietro & C. S.n.c. (Keple). To this end, it should be noted that:
– the term for the return of the PRODUCT is 14 (fourteen) days from the date of communication to Panificio Bonomo Pietro & C. S.n.c. (Keple) of the intention to withdraw from the CONTRACT. For the purposes of calculating the time limit, the PRODUCT is deemed to be returned at the time it is delivered to the post office or other accepting carrier;
– the substantial integrity of the PRODUCT to be returned is an essential condition for the exercise of the right of withdrawal;
– the costs of returning the goods (including shipping, packaging and packing) to Panificio Bonomo Pietro & C. S.n.c. (Keple) are charged to the CUSTOMER, who must send the PRODUCT duly packed and packaged; Panificio Bonomo Pietro & C. S.n.c. (Keple) does not accept damaged returns, but only if intact and in normal condition, kept with the use of normal diligence. The CUSTOMER must place a copy of the transport document inside the packaging box.
7.4 If the CUSTOMER exercises the right of withdrawal in accordance with the provisions of these GCS, Panificio Bonomo Pietro & C. S.n.c. (Keple) will refund the amount paid by the CUSTOMER for the purchase of the PRODUCTS.
The refund will be made free of charge, within 14 (fourteen) days from the date on which Panificio Bonomo Pietro & C. S.n.c. (Keple) became aware of the exercise of the right of withdrawal by the CUSTOMER through the same method of payment used by the consumer. Panificio Bonomo Pietro & C. S.n.c. (Keple) will retain the refund due to the CUSTOMER for the return until receipt of the PRODUCTS. The CUSTOMER is only liable for the decrease in the value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Panificio Bonomo Pietro & C. S.n.c. (Keple) refuses to accept any responsibility for any delays in the refund, which depend on the bank, PayPal or the type of card used for payment.
7.5 Pursuant to Clause. 59 co. 1 Legislative Decree. 6 September 2005 no. 206 (Consumer Code), you cannot exercise the right of withdrawal, among others, in the following cases:
– for tailor-made or clearly customized PRODUCTS;
– for PRODUCTS which, by their nature, cannot be returned because of the risk of deterioration or rapid expiry;
– for PRODUCTS that are not suitable for return for hygienic or health protection reasons and that have been opened after delivery;
The right of withdrawal applies to the PRODUCT purchased in its entirety; therefore, if the PRODUCT is made up of several components or parts, the right of withdrawal cannot be exercised only on part of the purchased PRODUCT.
8.1 The images and videos of presentation of the PRODUCTS accompanying the descriptive information are published on the WEBSITE as an example and are merely representative, taking into account that the quality of the images (for example in terms of exact display of colours) may depend on software and computer tools used by the CUSTOMER at the time of connection to the WEBSITE.
8.2 In case of conformity defects of Products sold by Panificio Bonomo Pietro & C. S.n.c. (Keple) the customer must immediately contact the Customer Service. The legal guarantees provided for by articles 129, 130 and 132 of the Consumer Code apply to the sale of products. The customer has the right, at his choice and on condition that the type of product allows it, to restore, without charge, the conformity of the product by repair or replacement, or to an adequate price reduction or termination of the contract. The customer loses these rights if he does not report to Panificio Bonomo Pietro & C. S.n.c. (Keple) the lack of conformity within two months from the date on which the defect was discovered, provided that it is not a product that by its nature is perishable or subject to expiration in a shorter period, in which case the defect must be reported within this shortened term.
9. Applicable law and jurisdiction
9.1 These GCS, their validity, interpretation and execution are governed by Italian law.
9.2 In the case of civil proceedings where the purchaser is an individual acting for purposes which are outside his trade or profession, the mandatory jurisdiction shall lie with the courts for the place of residence or domicile of the consumer, if situated within the territory of the State. In all other cases, the Court of Vicenza shall have exclusive jurisdiction.