Conditions of sale
These General Conditions shall apply to the use of the website and the methods of sale of the consumer goods (hereinafter “Products”) offered by Molino Gaetano Roccasalva srl (hereinafter Molino Gaetano Roccasalva srl, Company, Seller, we, our or us) located in C.da San Filippo, 97015 Modica (RG) – Italy, through its website shop.molinoroccasalva.it (hereinafter “Site”).
These General Conditions become effective when the CUSTOMER (hereinafter CUSTOMER, you or your) accepts them on the Site; this acceptance will also be valid within the meaning of article 1341 of the Italian Civil Code. If you do not accept these General Conditions, we will be unable to fulfil the purchase order you placed for the Products. The Company reserves the right to change these General Conditions at any time. You will be notified the first time you sign in to the Site after changes to the General Conditions have been made. The Company disclaims any contractual or extra-contractual liability for direct or indirect injuries to people and/or damages to property that may arise if the Company rejects an order, whether in whole or in part.
Method of Purchase of the Products
Access to the Site and express acceptance of these General Conditions will enable you to purchase the Products, in accordance with the provisions set forth in the Consumer Code, Section II “Distance Contracts” (Italian Legislative Decree no. 206 dated 6 September 2005 ) The Site provides a brief description and constituent materials of each Product.
All other information provided to support your purchase is to be construed as general information material. It is understood that the image accompanying the Product description is not a perfect representation of the Product’s characteristics. This is due, among other things, to the equipment utilized and its ability to reproduce the images faithfully; therefore, differences in colour and/or size may result. Product sheets may vary at any time without further notice by the Company. Product sheets are provided for illustration purposes only and the Seller shall not be liable for any inaccurate information on them.
If you forgot the password and/or username you chose at registration, you must request a new identifier by following the procedure under the specific section of the Site. You can purchase the Products offered on shop.molinoroccasalva.it at the indicated prices by following the procedures specified on the Site. The Company will send you an e-mail reply confirming it successfully received the order, to the e-mail address you provided. This confirmation message will indicate the date and time when the order was accepted and a “Customer order number”, which is to be used in any message to the Company regarding the order. All the details you entered will be included in the message. You must ensure they are correct and immediately inform us of any changes using the methods specified on the Site under “YOUR ACCOUNT”, item “YOUR DETAILS”.
The Company might not fulfil orders if they are incomplete or incorrect or when ordered Products are not available. Before sending the order confirmation, the Company reserves the right to send you an e-mail requesting additional information relating to the purchase order placed on the Site.
For every order placed on the Site for which an invoice is required, the Company may include the invoice with the shipped goods or email it to you in PDF form within 24 hours after handing over the Products to the Carrier for delivery. The invoice will be issued using the information you provided when you placed the order.
No changes can be made to an invoice once issued.
You as the CUSTOMER are solely responsible for how you use the Site and its contents. The Company shall not incur any liability for any disservice and/or detriment to the CUSTOMER due to circumstances that cannot be ascribed to the Company. These can include malfunction-related delays, failure to transmit information, irregular transmission of information, or circumstances outside of its control including, without limitation: system line delayed or cut-off; interrupted or no connection to the Internet network; interruption, suspension or malfunction of Internet access nodes; interruption, suspension or malfunction of the electronic service, mail service or electric power supply service; lockouts or strikes, including in relation to the Company’s own personnel, wherever they may occur; impediments or obstructions resulting from legal provisions or acts, be them from a national authority or a foreign one; decisions of a judicial nature or third-party acts; as well as any other cause that cannot be ascribed to the Company and, more generally, any impediment or obstacle that cannot be resolved by the Company using ordinary diligence in relation to the nature of its business activities.
The Company may suspend and interrupt the connection to the Site at any time due to technical as well as efficiency- and security-related reasons. Likewise, it may suspend Site operation for precautionary reasons without incurring any liability for any consequences thereof.
The Company is not responsible for the potential fraudulent and illegal use by a third party of the credit card you submitted when you purchased the Products. Your credit card number, in fact, is never disclosed to the Company at any stage in the payment process.
Even so, the Company took the utmost care in selecting the bank circuit entrusted with the transactions in order to guarantee CUSTOMERS maximum protection and transparency.
You as the CUSTOMER acknowledge that you may not reproduce, publish or distribute any content of the Site outside the service, as specified in greater detail in the subsequent clauses on the intellectual property of shop.molinoroccasalva.it.
Persons or entities other than the CUSTOMER, are expressly prohibited from using and/or disclosing to the public, in any way and through any medium, information, data and/or images related to the services provided to the CUSTOMER, as well as from processing, altering, modifying, reworking, reselling, integrating, duplicating, transmitting and/or associating it with other data and information.
You may not transfer any existing purchase agreement between you and the Company, or any rights granted thereof, to third parties. After completing the online purchasing process, you agree to print or save, for safekeeping, an electronic copy of these General Conditions as well as the e-mail message accepting the order placed on the Site, as set forth in article 53 and following of Italian Legislative Decree 206/2005 (Consumer Code) on distance sales. You are also advised to print or save an electronic copy of the invoice so that you may easily take advantage of legal and Company guarantees on the Product.
You are prohibited from entering false and/or invented information when registering on the Site.
In all cases, you will be solely responsible and liable for providing details that are untrue. As the CUSTOMER, you agree to hold the Company harmless from any claim arising from the issuance of incorrect fiscal documents due to inaccurate details provided on your part. As the CUSTOMER, you agree to submit a copy of your identity document after receiving the Company’s email request, in order to comply with laws on the prevention and suppression of money laundering by illegal activities. Failure to comply with this requirement could be grounds for the rejection of the order by the Company.
The Company has the right – in addition to what has been specified above – to terminate these General Conditions for just cause, notifying you of the termination. In such a case, the CUSTOMER will only have a right to a refund of any amounts paid. The obligations you as the CUSTOMER are expected to fulfil, as well as your guarantee of the successful completion of your payment, are essential. Therefore, by express agreement, if you fail to comply with even one obligation, the contract will be terminated by law as per ex article 1456 of the Italian Civil Code, without the need for a court judgement and without prejudice to the right of the Company to claim compensation of greater damages.
If the Products ordered become out of stock after confirmation of the order, the Company will promptly inform you by email to the address you provided at registration. In such a case, you may either:
– wait for the ordered Products to become available – after finding out the expected waiting time – and, therefore, confirm your purchase;
– terminate the contract by sending a message to the Company within the next 48 business hours. In this case, the Company will make a reversal payment of any amounts you paid.
Applicable Law and Jurisdiction
Any dispute over the application, performance, interpretation and breach of purchase contracts stipulated on line through the website shop.molinoroccasalva.it shall be subject to the laws of Italy. For anything not provided for in these GENERAL CONDITIONS OF USE AND SALE, the combined measures of Italian Legislative Decree no. 50 of 15 January 1992 and Italian Legislative Decree 206/05 shall apply.
The Court of Ragusa will have jurisdiction over any disputes between the parties concerning this contract.