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Terms and conditions of sale

Date of publication on the website and entry into force 06/12/2021

 

  1. Object

1.1. These general terms and conditions of sale apply to the purchase of "De Cecco" branded products (hereinafter "Products") made through the e-commerce website shop.dececco.com (hereinafter the "Website") by users qualifying as "Consumers" pursuant to article 1.2 Sales through the Website, owned by F.lli De Cecco di Filippo Fara S. Martino S.p.A., with registered office in Fara S. Martino (CH), Zona Industriale, Via F. De Cecco, tax code, VAT number and registration number with the Chieti Company Register 00628450694 (hereinafter "Owner"), managed by EUROSTEP COMMERCE S.r.l. - with registered office in Via Feltrina Sud no. 192 – 31044 Montebelluna (TV), VAT number 04887580266 (hereinafter "EUROSTEP").

 

1.2. EUROSTEP is responsible for the sale of the Products through the Website on behalf of the Owner. Purchases of the Products through the Website shall involve the parties EUROSTEP as the seller (hereinafter the "Seller") and the party which purchases one or more Products for purposes not related to their business, trade, craft or profession, as the buyer (hereinafter the "Consumer"), (the Seller and the Consumer hereinafter collectively being referred to as the "Parties").

 

1.3. The Owner is not a party to these general terms and conditions of sale, but the owner of the rights to the Website's domain name, of the logos and trademarks relating to the products presented on the Website, and of the copyright on the website’s content.

 

1.4. Any communication from the Consumer connected and/or related to the purchase of the Products – including any reports, complaints, inquiries concerning the purchase and/or delivery of the Products, exercising the right to withdraw, etc. – must be sent to the Seller at the addresses and in the manner indicated on the Website and to the email address HelpOnline@dececco.it.

 

1.5. Every purchase is governed by the general terms and conditions of sale in the version published on the Website at the time the order is submitted by the Consumer.

 

1.6. The Website is dedicated to retail sales and as such is intended for the exclusive use of Consumers.  Any parties who are not Consumers are invited not to execute orders for purchases. If one or more sales are made to a party that cannot be classified as a Consumer, these general terms and conditions of sale shall still be applied but, notwithstanding the provisions herein:

  1. a) the buyer shall not be entitled to the right to withdraw referred to in article 10;
  2. b) the buyer shall not be able to benefit from the guarantee on the Products referred to in article 8;
  3. c) the buyer shall not be entitled to any other protections made available herein to the Consumer that reflect or comply with mandatory provisions of law;
  4. d) the sales contract executed between the Seller and the buyer shall be governed by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980.

1.7. The Consumer agrees that when the purchase order is submitted a confirmation email of the information relating to the order and these general terms and conditions of sale shall be sent to the address provided by said Consumer when registering on the Website or during the purchasing process.

 

1.8. To be able to make purchases through the Website, the Consumer must be an adult (18 years old) and have the ability to act that the Consumer declares having.

 

1.9. Any costs to connect to the Website over the Internet, including any telephone costs based on the tariffs applied by the operator selected by the Consumer, shall be the sole responsibility of the Consumer.

 

 

  1. Product characteristics and their availability in different geographical areas

2.1. The Products are sold with the characteristics described on the Website and in accordance with the general terms and conditions of sale published on the Website at the time the order is submitted by the Consumer, no other terms or conditions being valid.

 

2.2. The Seller reserves the right to modify these general terms and conditions of sale at any time, at its sole discretion, without the need to give any prior notice to Website users. Any changes made shall be effective from the date of publication on the Website and shall apply only to sales concluded as from that date.

 

2.3. The prices, the Products for sale on the Website and/or the characteristics thereof are subject to change without notice. Before sending the purchase order pursuant to paragraph 3 below, the Consumer is asked to check the final sale price.

 

2.4 The Website can be accessed from all over the world. However, the Products available on the Website can be purchased exclusively by users who request delivery in one of the countries specified on the Website. Shipments shall not be made to the following areas:

FRANCE - – OVERSEAS TERRITORIES

COUNTRY

GEOGRAPHICAL LOCATION

MARTINIQUE

FRENCH WEST INDIES, THE CARIBBEAN

GUADELOUPE

FRENCH WEST INDIES, THE CARIBBEAN

FRENCH GUYANA

SOUTH AMERICA, NORTH OF BRAZIL

REUNION

MASCARENE ISLANDS, INDIAN OCEAN

MAYOTTE

MOZAMBIQUE CHANNEL, INDIAN OCEAN

SAINT PIERRE AND MIQUELON

ATLANTIC OCEAN, EAST OF CANADA

SAINT BARTHELEMY

FRENCH WEST INDIES, THE CARIBBEAN

FRENCH POLYNESIA

POLYNESIA, PACIFIC OCEAN

WALLIS AND FUTUNA

POLYNESIA, PACIFIC OCEAN

NEW CALEDONIA

POLYNESIA, PACIFIC OCEAN

FRENCH SOUTHERN AND ANTARCTIC LANDS

MELANESIA, PACIFIC OCEAN

CLIPPERTON ISLAND

PACIFIC OCEAN, EAST OF CANADA

 

 

UNITED KINGDOM – OVERSEAS TERRITORIES

COUNTRY

GEOGRAPHICAL LOCATION

ANGUILLA

THE CARIBBEAN

BERMUDA

INDIAN OCEAN

BRITISH ARCTIC TERRITORY

ANTARCTICA

BRITISH ARCTIC TERRITORY OF THE INDIAN OCEAN

INDIAN OCEAN

BRITISH VIRGIN ISLANDS

THE CARIBBEAN

CAYMAN ISLANDS

THE CARIBBEAN

FALKLAND ISLANDS

INDIAN OCEAN

GIBRALTAR

IBERIAN PENINSULA

MONTSERRAT

THE CARIBBEAN

SAINT HELENA, ASCENSION AND TRISTAN DA CUNHA

ATLANTIC OCEAN

SOUTH GEORGIA AND THE SOUTH SANDWICH ISLANDS

ATLANTIC OCEAN

AKROTIRI AND DHEKELIA

MEDITERRANEAN, CYPRUS

TURKS AND CAICOS

THE CARIBBEAN

PITCAIRN ISLANDS

PACIFIC OCEAN

 

 

 

DENMARK – OVERSEAS TERRITORIES

COUNTRY

GEOGRAPHICAL LOCATION

FAROE ISLANDS

NORTH ATLANTIC OCEAN, BETWEEN SCOTLAND, NORWAY AND ICELAND

GREENLAND

 

 

ARCTIC OCEAN

 

 

NETHERLANDS – OVERSEAS TERRITORIES

COUNTRY

GEOGRAPHICAL LOCATION

ARUBA

THE CARIBBEAN

CURAÇAO

THE CARIBBEAN

SINT MAARTEN

DUTCH WEST INDIES

 

 

SPAIN – OVERSEAS TERRITORIES

COUNTRY

GEOGRAPHICAL LOCATION

CANARY ISLANDS

MEDITERRANEAN SEA

CEUTA

NORTH AFRICA

MELILLA

NORTH OF MOROCCO

 

 

GERMANY – OVERSEAS TERRITORIES

COUNTRY

GEOGRAPHICAL LOCATION

HELIGOLAND ISLAND

NORTH SEA

TERRITORY OF BUSINGEN

 

 

 

  1. Method of purchasing the Products - Execution of each individual purchase contract

3.1. The presentation of the Products on the Website, which is not binding for the Seller, represents a mere invitation to the Consumer to make a contractual offer of purchase and not an offer to the public.

 

3.2. The purchase order submitted by the Consumer to the Seller through the Website has the status of a contractual offer and is governed by these general terms and conditions of sale, which constitute an integral part of the order and which the Consumer, through the submission of the order to the Seller, is obliged to accept fully and without reservation. Before purchasing the Products by submitting the purchase order, the Consumer shall be asked to carefully read these general terms and conditions of sale and the notice on the right of withdrawal, print a copy using the print command and save or reproduce a copy for personal use. Moreover, the Consumer shall be asked to identify and correct any errors in their personal information.

 

3.3. The Consumer's purchase order is accepted by the Seller by sending the Consumer an order confirmation via email to the email address provided by the Consumer to the Seller when registering on the Website or submitting the order if the Consumer is not already registered with the Website, and which shall contain a link to the text of these general terms and conditions of sale, a summary of the order placed and a description of the characteristics of the Product ordered. The Consumer's order, the Seller's order confirmation and the general terms and conditions of sale applicable to the relationship between the Parties shall be stored electronically by the Seller in its computer systems and the Consumer may request a copy by sending an email to the Seller at the address HelpOnline@dececco.it

 

3.4. Each purchase agreement for Products shall be deemed finalised when the Consumer receives the order confirmation from the Seller by email.

 

 

  1. Process for selecting and purchasing Products

4.1. The Products presented on the Website can be purchased by selecting the Products of interest to the Consumer and placing them in the online shopping cart. After selecting the Products, in order to complete the purchase of the Products in the shopping cart, the Consumer shall be invited to (i) register with the Website by providing the requested information, or (ii) sign in, if the Consumer is already registered or (iii) provide the details necessary to complete the order and allow the contract to be executed. If the information specified in the order is different from what was provided during registration with the Website, the Consumer shall be prompted to confirm such personal information (including but not limited to: name, surname, address) where the selected Products must be delivered to, the billing address and a telephone number where they can be contacted for any communications relating to the purchase. By selecting the appropriate field, Buyers not qualifying as Consumers may request the issuance of an invoice after filling in the necessary fields. The Consumer shall view a summary of the order to be executed, which they can modify. The Consumer shall also be asked to choose the method of delivery and the method of payment from those available. Then, after a careful reading, the Consumer must expressly approve the general terms and conditions of sale by ticking the checkbox provided on the Website. Finally, using the "Confirm order" button, the Consumer shall be prompted to confirm the order, which will then be sent to the Seller and will produce the effects described in paragraph 3.2 above of this contract; If the Consumer chooses the method of immediate payment (at the same time as the purchase) by credit card, PayPal or immediate bank transfer, they will be asked to provide the relevant details over a secure connection. For accounting and administrative purposes, the Seller reserves the right to verify the personal details provided by the Consumer. If payment is made by credit card, the purchase amount will only be charged when the order confirmation is sent by the Seller to the Consumer. If the latter decides to pay on delivery, they must pay the total amount of the order at the time of delivery by the Courier.  

 

 

  1. Delivery of the goods and acceptance

5.1. The Website indicates Product availability and delivery times, however such information is to be considered purely indicative and not binding on the Seller.

 

5.2 The Seller shall do everything in its power to comply with the delivery times indicated on the Website, and in any case to deliver within a maximum of 30 (thirty) days from the day after the Consumer submits the order in case of payment by credit card or PayPal. In the case of non-fulfilment of the order by the Seller due to even temporary unavailability of the Product, the Seller shall provide written notice to the Consumer and refund any amounts already paid by the Consumer for payment of the Product pursuant to paragraph 5.3. If the Consumer has chosen to make payment by immediate bank transfer, the delivery period shall run from the Seller’s receipt of the payment.

 

5.3. Delivery of the Products ordered by the Consumer shall take place using the method chosen by the Consumer from those available and specified on the Website at the time of submitting the order. The Consumer agrees to promptly and in the shortest time possible check that the delivery includes all and only the products purchased, and to promptly inform the Seller of any defects in the products received or any differences with respect to the order placed, in accordance with the procedure described in article 8 of these general terms and conditions of sale, failing which the products shall be deemed to be accepted. If the packaging or wrapping of the products ordered by the Consumer should arrive at destination clearly damaged, the Consumer is invited to refuse delivery by the carrier/forwarding agent or to accept it as a "conditional delivery", specifying the type of damage found on the delivery document.

 

 

  1. Prices, delivery costs, duties and taxes

6.1. The price of the products is the one specified on the Website at the time the order is submitted by the Consumer. The prices are inclusive of standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), but do not include delivery costs, which are calculated before the order confirmation is sent by the Seller to the Consumer and which the Consumer agrees to pay the Seller in addition to the price shown on the Website.

 

6.2. The Consumer shall pay the Seller the total price as shown in the order and in the order confirmation sent by email to the Consumer by the Seller.

 

6.3. If the Products are to be delivered in a country that is not part of the European Union, the total price indicated in the order and reiterated in the order confirmation, inclusive of indirect taxes (if applicable) is net of any customs duties or any other tax on sales that the Consumer agrees to pay, if due, in addition to the price specified in the order and confirmed in the order confirmation, in accordance with the provisions of law of the country where the products will be delivered. The Consumer is invited to consult the competent bodies of their country of residence or of destination of the products in order to obtain information on any duties or taxes applicable in such country of residence or of destination of the products.

 

6.4. Any possible further costs, charges, taxes and/or dues that a given country may apply for any reason to the Products ordered according to these general terms and conditions of sale shall be the exclusive responsibility of the Consumer.

 

6.5. The Consumer declares that a lack of knowledge of the costs, charges, duties, taxes and/or dues referred to in paragraphs 6.3. and 6.4. above when submitting an order to the Seller shall not constitute grounds for termination of this contract, and that they shall not charge these costs to the Seller in any way.

 

 

  1. Payments

7.1. Payment of the price of the Products purchased through the Website must be made at the same time as the order. In the event of non-payment, the order submitted shall be cancelled. The Consumer expressly agrees that execution of the contract by the Seller shall begin when the price of the purchased product(s) is credited to the Seller's bank account.

 

7.2. Payment can be made by credit card or PayPal or immediate bank transfer, subject to the conditions described below. The Seller may allow additional payment methods, specifying them in the Website's payments section.

 

 7.3. If payment is made by credit card, the Consumer shall be transferred to a secure site and the credit card details will be communicated directly to Global Collect Services B.V. (trading as Worldline Digital Commerce) Neptunusstraat 41-63, 2132 JA, Hoofddorp, The Netherlands, Company registration number - 34140462 and/or its partner companies, the operator that deals with payments on behalf of the Seller. The information submitted shall be sent in secure mode by encrypted data transfer with 128-bit or higher SSL (Secure Socket Layer) system.  This information is not accessible even to the Seller.

 

 

  1. The Seller's legal guarantee of compliance, reporting of compliance defects and services under warranty

8.1. Pursuant to and for the purposes of European Directive 44/99/EC and Italian Legislative Decree no. 206/2005 (Consumer Code), the Seller warrants to the Consumer that the Products shall remain free of design and material defects and comply with the descriptions published on the Website for a period of 2 (two) years from the date of delivery of the Products to the Consumer. The application of any warranty is excluded if the Product is used in a manner that does not comply with its intended use and the related instructions/warnings provided by the Seller and/or the Owner, or as shown in the pertinent illustrative documentation.

 

8.2. It is the Consumer's responsibility to examine the Products as soon as possible and, under penalty of cancellation of this warranty, to report any defects or non-conformities no later than 2 (two) months after their discovery by emailing the designated fully-completed form to the Seller's Customer Service specifying the defect and/or non-conformity found together with the relevant documentation enumerated on the form itself (at least 1 (one) photograph of the Product, the order confirmation sent by the Seller).

 

8.3. Following receipt of the form and the relevant documentation, the Seller shall assess the defects or non-conformities reported by the Consumer to the customer service of F.lli De Cecco di Filippo Fara S. Martino S.p.A. and, after having carried out quality controls designed to check the Product's effective non-conformity, shall decide at its own discretion whether to authorise the return of the Products, providing the Consumer with feedback by email to the address provided thereby during the registration process. An authorisation to return the Products shall not in any way constitute recognition of defects or non-conformities, the existence of which must be ascertained after the return thereof. The Products whose return has been authorised by the Seller must be returned by the Consumer to the following address, together with a copy of the notice authorising the return, within 30 (thirty) days of reporting the defect or non-conformity: Magazzino Quarantena c/o F.lli De Cecco - Via F. De Cecco - 66015 Fara S. Martino (CH), Italy.

 

8.4. If the Products are in fact found to be defective or non-conforming, the Consumer may obtain:

  1. a) the replacement thereof with other Products of the same model that may be available at the Seller's warehouses, at no cost to the Consumer; or, if such Products are not available;
  2. b) partial or full reimbursement of the price paid, depending on the severity of the defects or discrepancies.
  3.  

8.5. If the Seller is required to refund the price paid to the Consumer, the refund shall be made via the same means of payment used by the Consumer to purchase the Product. The refund shall be made by bank transfer only for purchases via Cash On Delivery or if the terms for the refund via the same instrument used by the Consumer have been exceeded. It is the Consumer's responsibility to inform the Seller of the bank information for the bank transfer of the refund by email sent to HelpOnline@dececco.it, and to ensure that the Seller has all the information necessary to be able to return the amount due.

 

 

  1. Liability for damage caused by defective products

9.1. As regards any damage caused by defective Products, the provisions in European directive 85/374/EEC and Italian Legislative Decree no. 206/2005 (Consumer Code) shall apply. In its capacity as the distributor of the products through the Website, the Seller is freed of all liability, none excluded and/or excepted, by indicating the name of the relevant producer of the product.

 

 

  1. Right of withdrawal

10.1 The consumer is entitled to withdraw from any contract entered into pursuant to these general terms and conditions of sale without penalty within 14 (fourteen) days of (i) the product being delivered or (ii) in the event of purchase of several products delivered separately with a single order, the last product being delivered.

 

10.2  To exercise the right of withdrawal, before the expiry of the period referred to in point 10.1 above the Consumer must inform EUROSTEP of their decision to withdraw by sending an explicit declaration using the attached withdrawal form via the Contact Form or the email address HelpOnline@dececco.it.

 

10.3 Following the step described in point 10.2, the Consumer shall receive an email confirming their withdrawal with attached the return form to be included in the package, and instructions on how to return the product, to be sent within the next 14 days to: Magazzino Quarantena c/o F.lli De Cecco - Via F. De Cecco - 66015 Fara S. Martino (CH), Italy.

 

10.4 If the Consumer has received the product, they are obliged to return it to EUROSTEP without any undue delay, and in any case within 14 days from the date that withdrawal was communicated. The term is met if the Consumer ships the goods before the expiry of the 14-day period. The direct risks and costs of returning the goods shall be borne by the Consumer. If the Consumer exercises their right of withdrawal through the Website, the cost for the return of the goods shall be indicated.

 

10.5 Consumers who withdraw shall be refunded for any payments made, including delivery costs (with the exception of any additional costs arising from the choice of a type of delivery different from the least costly standard delivery offered), without undue delay and in any case no later than 14 days from the date of withdrawal. Such refunds shall be made using the same means of payment used by the Consumer for the initial transaction. The refund may be suspended until the goods have been received or until the Consumer has demonstrated that they have sent back the goods, whichever is earlier.

 

10.6 The Consumer is responsible for any diminished value of the goods as a result of handling other than what is strictly necessary to establish the nature, characteristics and operation of the goods. Therefore, if the returned goods are found to be damaged (for example with signs of wear, abrasion, scuffing, scratching, deformation etc.), not complete with all their elements and accessories, not complete with enclosed instructions/notes/manuals, their original boxes and packaging and the certificate of warranty, where present, the Consumer shall be responsible for any loss in the value of the goods, and shall be entitled to a refund of the amount equal to the Product’s residual value. To this end, therefore, the Consumer is asked not to handle the goods more than is strictly necessary to determine the nature, characteristics and operation thereof, and to wrap the original packaging of the Products with other protective packaging to maintain its integrity and protect it during transport.

    

 

  1. Intellectual property rights

11.1. The Consumer declares to be aware that all trademarks, names, as well as any distinctive sign, brand name, image, photo, written text or graphics used on the Website or in relation to the Products are and shall remain the exclusive property of F.lli De Cecco di Filippo Fara S. Martino S.p.A. and/or its assignees, without the fact of accessing the Website and/or purchasing the Products giving rise to any rights thereto for the Consumer.

 

11.2. The contents of the Website may not be wholly or partially reproduced, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of F.lli De Cecco di Filippo Fara S. Martino S.p.A.

 

 

  1. Consumer data and privacy policy

12.1. To complete the registration process, place an order and therefore execute this contract the Consumer is asked for some personal information through the Website. The Consumer acknowledges that the personal data provided will be recorded and used by the Seller and by F.lli De Cecco S.p.A. in accordance and in compliance with the provisions of the European Regulation on the protection of personal data (Reg. EU 2016/679, also only "GDPR"), as well as current and applicable privacy laws (Italian Legislative Decree 196/2003 as amended, also only "Privacy Code") and in any case in compliance with the principles of lawfulness, propriety and transparency, to execute each purchase made through the Website and, with their consent, for any additional activities as indicated in the relevant privacy policy supplied to the Consumer through the Website at the time of registration.

 

12.2. The Consumer warrants and represents that the information provided to the Seller during the registration process and purchase is correct and truthful.

 

12.3. The Consumer may at any time update and/or amend their personal information provided to the Seller in the "My Account" section of the Website, which can be accessed after authentication.

 

12.4. For further information on how we Consumers' personal information is processed, please go to the Privacy Policy section and also carefully read the General Terms and Conditions of Use.

 

 

  1. Security

13.1. While the Seller takes steps to protect personal information against loss, falsification, manipulation and unauthorised use by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications over the Internet the Seller cannot guarantee that any information or data viewed by the Consumer on the Website, including after the Consumer has gone through the authentication (login) process, will not be accessible or visible to unauthorised third parties.

 

13.2. As to the information relating to payments by credit card, the Seller makes use of the services provided by the company Worldline S.A. and/or its subsidiaries, affiliates or commercial partners, which employ technological systems designed to guarantee the highest levels of reliability, security, protection and confidentiality in the transmission of information over the web.

 

 

  1. Applicable law, attempt at amicable settlement and jurisdiction

14.1. Every sale contract entered into by the Seller and Consumers pursuant to these general terms and conditions of sale shall be governed by and construed in accordance with Italian law, and specifically Italian Legislative Decree no. 206 of 6 September 2005 on the consumer code, with specific reference to the regulations on remote contracts, and Italian Legislative Decree no. 70 of 9 April 2003 on certain aspects of electronic commerce. In any case, this without prejudice to any rights granted to Consumers by mandatory provisions of law in force in their country.

 

14.2. In the event of any disputes between the Seller and a Consumer, the Seller and the Owner hereby ensure participation in an attempt at amicable settlement that any Consumer can bring before RisolviOnline, an independent institutional service provided by the Arbitration Chamber of the Milan Chamber of Commerce, which attempts to achieve a satisfactory agreement with the help of a neutral, expert mediator in a friendly, safe manner over the internet.  For further information on RisolviOnline's rules or to send a request for arbitration go to www.risolvionline.com.

 

14.3 If the attempt at amicable settlement referred to in paragraph 14.2 above is not accepted, or such attempt should have a negative outcome, the dispute shall be subject to the exclusive jurisdiction of the Court of Milan, except in cases where this provision does not apply because of mandatory laws in force in the Consumer's country of residence.

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F.lli De Cecco di Filippo – Fara San Martino S.p.A. via F. De Cecco, Fara San Martino (CH), 66015 Italy Phone +39.0872 9861. Customer Care 800-861106. All Rights Reserved.