Article 1 – General provisions
1. The user, browsing this area, logins to MARTELLI FABIANO TARTUFI S.R.L. by www.martellifabianotartufi.it (from now on MARTELLI FABIANO TARTUFI). The surfing and the sending of a purchase order on the site entail the acceptance of Terms and data protection Policy, where indicated.
2. These General Conditions of sale are implemented for product sales with the exclusive reference to the purchases made on this site in accordance with the instructions of Consumer Code (Part III, Title III, Chapter I; Legislative Decree 206/05, modified by Legislative Decree 21/14 and Legislative Decree 70/03) from
Company: MARTELLI FABIANO TARTUFI S.R.L.
Domicile: Via Ca’ Maspino, 2 Z.I., 61048 – Sant’Angelo in Vado (PU)
VAT number: IT02636450419
Registered for REA, number PS-197684
3. The user, before displaying the products on the site, has to read these General Conditions of sale, which are generally and unequivocally accepted when buying.
4. We invite the user to download and to print a copy of purchase form and one of these General Conditions of sale, the terms of which MARTELLI FABIANO TARTUFI reserves to modify unilaterally and without notice.
5. This site is in Italian and in English.
Article 2 – Content
1. These General Conditions of sale regulate the bid, the forwarding and the acceptance of purchase orders on MARTELLI FABIANO TARTUFI and they do not regulate the provision of services or the sale of products by parties which are different from the seller, present on the site by link, banner or other hyperlinks.
2. Before forwarding the orders and buying products and services by parties other, we recommend to verify their conditions of sale.
Article 3 – Product availability
1. Product availability refers to the actual availability at the time when the buyer places an order. This availability has to be considered purely approximate because, being more users log on at the same time, the products could be sold to other users before the order confirmation.
2. Even after the order confirmation e-mail, there could be cases of partial or total unavailability of goods. In this case, the order will be automatically rectified with the elimination of not available product and the buyer will be immediately informed by e-mail.
3. If the buyer requests the order cancellation, terminating the contract, MARTELLI FABIANO TARTUFI will reimburse the payed amount within 7 days as soon as MARTELLI FABIANO TARTUFI has known that the buyer wants to terminate the contract.
Article 4 – Offered products
1. MARTELLI FABIANO TARTUFI sells:
truffle-based food products and not, fancy goods, forestation and nursery plants.
2. You can find details about our products on the site: www.martellifabianotartufi.it
3. The characteristics and the prices of the products on sale are displayed on the page about each item. Each item has its own data sheet which displays information about both producer’s name and the main characteristics of the item. Products visual representation, where available on the site, corresponds with the photographic images present on the data sheet. These photographic images have only the aim to show the products for the sale and so they can not be perfectly representative of products characteristics and quality, but they could differ in colour and dimensions. In case of difference between the photographic image and the data sheet, You always consider the description on the data sheet. Small changes between these photographic images and the reality are not lack of conformity.
4. For all sold products, producer’s responsibility is worth. In case of packaged products, the producer is also responsible for the authenticity and the completeness of indications both on the packages and on the labels. The actual weight of fresh truffles or ripened products, both sent vacuum-sealed by MARTELLI FABIANO TARTUFI, could differ by more or by less 10% than what written on data sheet.
Article 5 – Products selection and order procedure
1. Order shipping by the site www.martellifabianotartufi.it means a contractual proposal. For the purchase of products, the user has to fill in and send the order form electronically, according to the instructions and the procedures contained on this site.
2. The buyer has to add the product at the shopping bag and, after entering necessary data for the shipping and the invoicing, he has to view General Conditions of sale and Privacy Policy. The order request procedure ends with the selection of payment method You prefer and the confirmation of order transmission, clicking on the provided button.
3. With the order shipping by the site, which means a contractual proposal, the buyer recognises and declares to have viewed all the indications provided during both the purchase procedure and the payment method and he consents to the use of personal data as described in the Privacy Policy. He also declares to fully accept these General Conditions of sale, by the provided tick.
4. Concluded the contract, the seller proceeds with the order fulfilling and he will verify the warehouse products availability. In case of one or more products were not available, MARTELLI FABIANO TARTUFI would send timely communication by e-mail to the buyer who, within the next 12 hours, will have the right to answer to confirm the shipping of possible and additional available products or to cancel it. If there is no response within that period, the order will be considered confirmed and available products will be sent. If only a few products were not in stock, MARTELLI FABIANO TARTUFI would fulfil the order with the availbale products. In both cases, the amount for the missing products will be immediately reimbursed using the same payment method You chose.
5. In compliance with current legislation of Italian Republic, the sale of alcohol is only allowed to consumers who are 18 years old. The user who buys alcohol on MARTELLI FABIANO TARTUFI accepts these General Conditions of sale and declares, under his own responsibility, to have the age requirements requested by law.
Article 6 – Price and shipping
1. Products prices will be indicated on the site from time to time, except where there is an obvious error. In case of error, MARTELLI FABIANO TARTUFI will notify the buyer as soon as possible, allowing the order confirmation with the right amount or rather the cancellation. In any case, MARTELLI FABIANO TARTUFI will not have the obligation to provide what has been already sold at a lower price, wrongly applied.
2. On the site, products prices are inclusive of all taxes and fees and they do not include the shipping charges. All prices are in Euro (€). Prices can vary at any time. These changes do not concern the orders already confirmed.
3. All products are packaged with the necessary cautions to guarantee the maximum protection against impacts and temperature changes; fresh products are sent with cold accumulators and specific packagings (like styrofoam, ice, etc), if this is necessary for the purpose of a correct storage of the product.
Article 7 – Payment method
1. The payment can be made with:
PayPal, credit cards processed by PayPal, bank transfer and cash on delivery (C.O.D.).
2. PayPal: once Your order is confirmed, the buyer will be addressed to PayPal site where he could make the payment with his own account or using a card, also prepaid, or following the procedure on PayPal site, in accordance with its conditions.
3. Bank transfer: the buyer should make the transfer within 2 days from the order date and send a confirmation of this payment to info@martellifabianotartufi.it. In case of this does not happen, the order will be cancelled and those products will be made available again for the purchase by other customers: MARTELLI FABIANO TARTUFI will send the goods after receiving the payment. The buyer, who did not make the transfer, could be contacted by MARTELLI FABIANO TARTUFI to clarify if the cause of non-payment is buyer’s will not to confirm the order or something else.
Bank transfer details: transfer details are displayed during the payment and are sent by e-mail in the next message after the order confirmation. The buyer has to specify the date and the order number in transfer description.
4. Cash on delivery: if the buyer wants to make the cash on delivery, the courier will accept cash only and in this case, there will be an additional cost, displayed on the site, during the payment. This type of payment is possibile only in Italy.
5. According to tax regulations, all orders have their own transport document and the receipt, issued by MARTELLI FABIANO TARTUFI.
Article 8 – Delivery
1. The products bought on the site will be delivered at the address that the buyer has specified during his purchase procedure. All purchases will be delivered using an express courier from Monday to Friday, except holidays and national days. MARTELLI FABIANO TARTUFI is not responsible of any delay, not caused by him.
2. MARTELLI FABIANO TARTUFI will deliver only at the user’s address, specified during the purchase procedure.
3. In Italy, the deliver is usually made within 3-4 days and, in any case, within a period of 30 days from the date confirmation.
4. Regarding EU countries, the deliver will be made within 6-7 days and, in any case, within a period of 30 days.
5. In Italy, the express courier service generally provides two delivery attempts at the address specified during the purchase procedure. Thereafter, the products get back to warehouse. If the delivery is not possibile after the period of 30 days and this is not because our fault, we will terminate the contract.
6. As a result of termination, the amounts will be given back, including shipping costs, but excluding any additional costs due to the selection of a delivery method different from the offerted one and, in any case, within 15 days from the contract termination date. The transport due to the contract termination could have additional costs that depend on the buyer.
7. Shipping costs depend on the buyer and they are clearly specified during the order placement.
Article 9 – Transfer of risk
1. Risks about the products will be transferred to the buyer from the time of the delivery. Products property is acquired as soon as the full payment of all amounts is got, shipping costs included, or rather at the time of delivery, if it happens at a later time.
Article 10 – Guarantee and Trade Compliance
1. The seller is responsible for any defects of the products sold on the site, including the lack of conformity of the ordered products, according to Italian legislation.
2. In case of lack of conformity of the products sold by MARTELLI FABIANO TARTUFI, the buyer should immediately contact the Customer Service using the specific contact form that is in CONTACT menu.
3. Legal guarantees under Articles 129, 130 and 132 of Consumer Code are applied to the sale of the products. Of his own choice and if the product allows it, the customer has the right to the reinstatement of the product conformity by repair or replacement, free of charge, or to an appropriate price reduction or rather to the termination of the contract. The buyer will lose these rights if he does not report to MARTELLI FABIANO TARTUFI the lack of conformity within the time limit of 2 months from the date when he discovered the defect, unless that product is perishable by nature or it is subject to an expiry date in a shorter period; in this case, the defect should be reported within that shorter time.
Article 11 – Withdrawal
1. According to legal regulations in force, the buyer has the right to withdraw from the purchase with no penalty and without specifying the reason within the time limit of 14 days under Article 57 of Legislative Decree 206/2005, becoming effective from the date of receipt of products.
2. In case of multiple purchases made by the buyer with a single order and delivered separately, the time limit of 30 days starts from the date of last product receipt.
3. The user, who wants to exercise the right of purchase withdrawal, could send an e-mail with the order number and his name to info@martellifabianotartufi.it
4. MARTELLI FABIANO TARTUFI, after receiving the communication, will set up a procedure about return management and he will communicate to the buyer the instructions about how to return the products. This will happen by an express courier chosen by MARTELLI FABIANO TARTUFI. The products should be returned to: Via Ca’ Maspino, 2 Z.I., 61048 – Sant’Angelo in Vado (PU).
5. The right of withdrawal is disciplined by the following conditions:
I. This right is applied to the product bought in its entirety; so, if the product is composed by more parts, it will not possibile to practice the withdrawal only for a single part of the purchased product.
II. In case of practising the withdrawal right, MARTELLI FABIANO TARTUFI will reimburse the buyer for the full amount of returned goods, including shipping costs, within 14 days from the date of withdrawal communication, without the prejudice to the right of MARTELLI FABIANO TARTUFI to suspend the repayment until the goods effective return. The reimbursement will be made using the same payment method the buyer chose, unless he expressly requests a different payment method. In case of it is used a bank transfer or cash on delivery, the buyer has to specify his bank details to be reimbursed (account holder, name and address of the bank, IBAN, SWIFT and BIC).
III. The products have to be returned in the same box You received to guarantee free returns under Article 10.
IV. The right of withdrawal is excluded in the following cases (under Article 59 of Legislative Decree 21/2014):
-order of custom-made or personalised products;
-order of products which quickly degrade or go off;
-order of sealed products that can not be returned once unsealed after delivering, for reasons of health or hygiene.
In reference to the cases listed above, the buyer is informed and he accepts that the products “which quickly degrade or go off”, they are all food products (including fresh truffles and wines), since their characteristics and quality are subject to changes due to an improper conservation. So, for reasons of hygiene and of a legal protection of the buyers, the right of withdrawal can be applied only for those products bought on the site, returnable to MARTELLI FABIANO TARTUFI and which can be sold once again, without risk to consumer health. MARTELLI FABIANO TARTUFI will return purchased products to the buyer, charging the shipping costs to him, if he is subject to exclusion of right of withdrawal.
Article 12 – Errors and limitations of liability
1. Information about our products present on the site are constantly updated. However, You could find some errors of which MARTELLI FABIANO TARTUFI is not responsible, except in case of gross negligence or wilful misconduct.
2. MARTELLI FABIANO TARTUFI reserves the right to correct errors, mistakes or omissions even after an order has been sent, or to modify or to update some information at any time without notice, without prejudice to buyer’s rights under these General Conditions of Sale and under Consumer Code.
3. Except in case of gross negligence or wilful misconduct, any right of the buyer to receive a compensation for damages or to deserve a reimbursement is excluded, and also all contractual or extra-contractual responsibility for any direct or indirect to persons and/or property, caused by non-acceptance or non-fulfilment (even partial) of an order.
4. MARTELLI FABIANO TARTUFI promotes a responsible consumption of alcohol and he excludes all liability at his own expense, except in case of gross negligence or wilful misconduct, if minors under 16 buy alcohol on his site. Buying any alcohol, You declare to be of age as under Article 7 of Legislative Decree 158/2012. MARTELLI FABIANO TARTUFI does not take any responsibility in case of minors under 18 buy alcohol on his site.
Article 13 – Data processing
1. Buyer’s data are processed in accordance with personal data protection, as specified in the appropriate section containing the report under Article 13 of EU Regulation 2016/679 (Privacy Policy).
Article 14 – Contact
1. Any information request can be sent by e-mail to info@martellifabianotartufi.it, by phone calling 0722.88030 or 3299778232 and by post to Via Ca’ Maspino, 2 Z.I., 61048 – Sant’Angelo in Vado (PU).
Article 15 – Applicable law and competent court
1. These General Conditions of sale are disciplined by Italian law and interpreted on the basis of it, except any different rule present in the country of buyer’s residence. Consequently, the interpretation, the execution and the resolution of General Condition of sale are exclusively subject to Italian law.
2. Any dispute about them or resulting from them, they will be solved by Italian courts. In particular, if the buyer is also a consumer, any dispute should be solved in buyer’s domicile or residence court on the basis of applicable law.
These Conditions have been written on April, 12nd 2019.