The general terms and conditions of sale and use set out below (hereinafter referred to as “General Conditions”) are applied to the Italian territory and to all sales (hereinafter referred to as “Services” or individually “Service”) provided by Sanpiox1708.it, through its own dominion www.sanpiox1708.it (“Site”). The use of the Services is allowed only to a registered user, who has:
read the Information concerning the processing of personal data;
accepted the General Conditions;
created a San Pio X account, as indicated below.
Pursuant to and for the purposes of articles 7 and 12 of the Legislative Decree. n. 70 of 9.4.2003, Sanpiox1708.it informs users about the following information: the provider of the Services subject to the General Conditions is Società agricola San Pio X 1708 di B.R., with registered office at: Via V. Locchi n.11 – 35124 Padova, VAT no. 04666030285.
In this document, Sanpiox1708.it will be indicated with the name “San Pio X”, which is the distinguishing sign under which it employs the activity of sales on the website. The General Conditions will also be applicable to new types of Services, which will be provided in the future by San Pio X. The user is asked to print a copy of the General Conditions and / or to store them on a durable medium.
Special notice for consumers:
Registration is only permitted to human consumers who are of legal age. “Consumers” refers to physical, natural people who access San Pio X for purposes not related to business or entrepreneurial or professional activity, and who are members of the San Pio X Club. Therefore, the provisions contained in the Legislative Decree no. 206 of 6.9.2005 (“Consumer Code”), in addition to those generally applicable to the type of service provided by San Pio X, should be applied pursuant to Legislative Decree no. 70 of 9.4.2003 on societal information services and electronic commerce.
- General provision and scope of application
1.1 These General Conditions are applied to all sales made by San Pio X on the website.
1.2 The General Conditions may be modified at any time, except for the right of withdrawal by the user referred to in point “1.4” below. Any changes and / or new conditions will be valid from the moment of their publication in the “Conditions” section of the Site. For this purpose, we invite users to regularly access the Site and to check the publication of the most updated General Conditions.
1.3 The applicable General Conditions are those in effect at the date of placing the purchase order.
1.4 In the event that the user does not agree with the changes to the General Conditions, he / she will have the right to withdraw by giving notice via registered letter, with acknowledgment of receipt or PEC e-mail, with 7 days’ notice.
1.5 The continuous use of the Service after the deadline referred to in point “1.4” constitutes manifestation of willingness to accept the General Conditions.
1.6 These General Conditions do not regulate the sale of products and / or the provision of services by subjects other than San Pio X that are present on the Site through links, banners or other hypertext links. Before making commercial transactions with such subjects, it is necessary that the user verifies their terms of sale. San Pio X is not responsible in any way for the provision of services and / or sale of products by such subjects. On websites that can be consulted through these links, San Pio X does not carry out any checks and / or supervision. San Pio X is therefore not responsible for the contents of these sites, nor for any errors and / or omissions and / or violations of the law by these same sites.
- Pre-contractual information
In accordance with Legislative Decree 9 April 2003, n. 70 on laying down provisions on electronic commerce, San Pio X informs the user that:
To conclude the contract for the purchase of one or more products on the Website, the user must complete an order form in electronic format and send it to San Pio X, electronically, following the instructions that will appear from time to time on the Site and that will accompany the different phases of the purchase;
the contract is concluded when San Pio X registers the order form, after checking the correctness of the data relating to the order and payment;
before proceeding with the transmission of the order form, the user will be able to identify and correct any errors, following the instructions indicated on the Site and those which will accompany the different phases of the purchase; once the order form has been registered, San Pio X will send the user, via the e-mail address provided, a confirmation e-mail containing a summary of the products purchased, a detailed indication of the price, the means of payment used, the costs of shipping and any additional costs. It is recommended to keep the e-mail received as proof of purchase or to store it on a durable medium.
The order form will be stored in the San Pio X database for the time necessary to process the order and, in any case, required by the law. To access the order form, the user can consult the Profile – Orders section of the site, where they will find the list of all orders realized.
- Terms and conditions of purchase
3.1 The offers published on the Website are available for a limited time and with limited quantities of products. The validity dates of the offers are indicated on the Website.
3.2 All prices shown on the Website are expressed in Euros (€) and include VAT. The contribution to the costs of fulfilling the order and delivery is explicitly indicated and includes VAT. This amount will be shown separately on the order form prior to submission and on the order confirmation e-mail.
3.3 The prices of the products may be changed without notice until the order is confirmed, provided that the price charged to the user will be the one published on the product sheet when the order is realized.
3.4 The products will remain property of San Pio X until the payment of the purchase price and costs are paid by the user.
3.5 San Pio X will process the purchase order only after receiving confirmation of authorisation to pay the total amount due, consisting of the purchase price, shipping costs and any additional cost, as indicated in the order form.
3.6 San Pio X reserves the right to refuse orders from users who do not give sufficient guarantees of solvency or with which there are pending disputes.
3.7 Users declare to be of age according to the legislation applicable to them. Pursuant to Article 689 of the Criminal Code for children under the age of 16, and pursuant to Article 14-ter of the law of 30 March 2001 nr. 125, for minors aged between 16 and 18, minors may use the San Pio X site only with the assistance of a parent or guardian. Under no circumstances may anyone under the age of 18 purchase from the Site.
- The delivery time is 3-5 days. In every case, the terms of delivery must NOT be considered essential.
- Upon delivery of the products to the carrier, an e-mail confirming shipment will be sent to the user. Deliveries will be made from Monday to Friday, during normal office hours, excluding national holidays.
- In case of impediments to delivery due to force majeure, San Pio X will contact the user by e-mail to inform them of the delay in delivery times. San Pio X cannot be considered responsible for any delays due to third parties and / or due to force majeure.
- Delivery is considered completed when the product is made available to the user at the address specified in the order form.
- In case of non-delivery due to the absence of the recipient at the specified address, the courier will leave a card to certify the delivery attempt. The card will indicate the data that the user must use to contact the courier and to define an appointment for the second delivery attempt. After two unsuccessful delivery attempts, the package will go to storage and the San Pio X Customer Service will contact the user in order to release the stock and make sure that delivery takes place as soon as possible. If this attempt is not successful, the purchased product will be returned to San Pio X. After thirty days from the date on which the product has been sent back to San Pio X, the contract will be considered terminated and the purchase order cancelled pursuant to art. 1456 c.c. San Pio X will proceed to refund the amount paid by the user to the net of the costs of delivery of the unsuccessful product as well as the costs of returning it to San Pio X and the costs of custody. The dissolution of the contract and the amount of the reimbursement will be communicated to the user via e-mail. The refund amount will be credited to the payment method used by the user for the purchase. If, before the expiration of the thirty days, the user requests to receive the purchased product again, San Pio X will proceed to attempt a new delivery with a charge in addition to the expenses thereof, the costs of returning the product to San Pio X and the costs of custody.
- The payment of the products purchased on the Website is made by wire transfer, credit card or PayPal. San Pio X accepts the main credit cards (e.g. VISA, MASTERCARD circuits) whose payments will be managed through PayPal and processed through a secure server-to-server connection using the SSL protocol (Secure Sockets Layer) with 128 bit encryption.
- At the moment of transmission of the order, no charge will be made on the credit card used by the user for payment. The charge will be made only after:
- a) the credit card details used for payment have been verified;
- b) the company issuing the credit card has given the authorisation to debit.
5.3 The receipt will be issued automatically for each purchase. On the occasion of their first purchase, the customer will be asked to provide details for the letterhead of the receipt. They may modify these details later. The receipt of each purchase will be available in the section Profile – Orders.
5.4 In case of missing payment, San Pio X will charge the costs related to the management of the payment to the user and will refuse the relevant purchase order, notifying them by e-mail.
5.5 San Pio X reserves the right to accept, at their discretion, certain methods of payment.
- Guarantee and non-conformity of products
6.1 The products offered on the website comply with the national and community legislation in force in Italy.
6.2 All of the products sold on the Site are covered by the Legal Guarantee of Conformity provided by article 128-135 of the Consumer Code (“Legal Guarantee”). The Legal Guarantee is reserved for consumers.
6.3 In case of lack of conformity of the purchased products compared to the description published on the website, the user has the right to replace the product, without any additional expense, where this will be possible in relation to the number of copies still available for sale and unless the substitution is not excessively onerous for the seller in consideration of the value that the good would have, if there was not the lack of conformity, and of the entity of such defect. Alternatively, the user has the right to terminate the contract or to reduce the price, in accordance with the following provisions.
6.4 In case of dissolution of the contract, San Pio X will return the sum paid by the user, in addition to shipping costs and any additional costs. In case of price reduction, San Pio X will refund the amount of the reduction previously agreed with the user. In every case, the refund amount will be communicated to the user by e-mail and credited to the payment method used for the purchase. The user must agree on the shipping methods of the goods with San Pio X Customer Service.
6.5 Products modified or otherwise altered by the user are excluded from the legal guarantee. Any damages caused by accidental events, by the user’s responsibility, by a non-conform use of the product and / or as stated in the technical documentation attached to the product or in the instructions for use relating thereto are also excluded from the application of the Legal Warranty. The guarantee is personal and will therefore apply only to the original purchaser.
6.6 In no case can San Pio X be held responsible for the non-fulfillment of any of the obligations deriving from these General Conditions in the event that the breach is caused by unforeseeable circumstances and / or force majeure, including, merely as an example, natural disasters, terrorist acts, network malfunctions and / or blackouts.
- San Pio X obligations and responsibilities
7.1 San Pio undertakes to correct all errors in the description of the products offered on the Site, in the shortest possible time, starting from the notification of such errors. The reporting of such errors can be carried out by contacting San Pio X Customer Service at the addresses indicated in the introduction.
7.2 San Pio X is not responsible in case of damages, of any kind, deriving from the improper use of the product and / or non-conform with the instructions provided by the manufacturer, nor in case of damages deriving from unforeseeable circumstances or force majeure.
7.3 San Pio X will not be responsible in the event of loss of revenues, profits, data or any other indirect damage of any nature deriving from or otherwise connected to contracts subject to the General Conditions.
7.4 The responsibility of San Pio X in any case, cannot be higher than the total value of the purchase order.
7.5 In no case can San Pio X be held responsible for the non-fulfilment of any of the obligations deriving from the contracts subject to the General Conditions in the scenarios in which the non-fulfilment is caused by chance and / or force majeure, including, merely for example, natural disasters, terrorist acts, network malfunctions and / or blackouts.
- Suspension of Service
8.1 San Pio X reserves the right to temporarily suspend, without any prior notice, the provision of the Services for the time strictly necessary for the technical interventions necessary and / or appropriate to improve the quality of the Services themselves.
8.2 San Pio X may interrupt the provision of the Service at any time if there are justified reasons of security or breach of confidence, in this case giving notice to the users.
8.3 Website contents and intellectual property rights
8.4 The contents of San Pio X, such as, for example, the works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, published on the Website, including menus, web pages, graphics, colours, diagrams, tools, characters and the website design, layouts, methods, processes, functions and the software is protected by copyright and all other intellectual property rights of San Pio X and other rights holders. Reproduction, modification, duplication, copying, distribution, sale or otherwise exploitation of the images and contents of the website, is forbidden unless previously authorized in writing by San Pio X. It is also forbidden to use the contents of the website for commercial and / or advertising purposes.
8.5 All other distinguishing signs that differentiate the products sold on the Site are registered trademarks of the respective owners and are used by San Pio X under license, for the sole purpose of distinguishing, describing and advertising the products for sale on the Site. Any kind of use of the abovementioned distinguishing signs not conforming to the laws, and therefore unauthorised, is prohibited. It is not in any way permitted to use any distinctive sign present on the Site to take unfair advantage of the distinctive character or reputation of said signs, or to use them in such a way as to damage them and their owners.
8.6 In no case may the user alter, change, modify or adapt the website or the material made available by San Pio X.
- Gift vouchers and discount vouchers
9.1 San Pio X offers the possibility, at its sole discretion, for registered users to receive gift vouchers and / or discount vouchers, hereon referred to as “vouchers”. The vouchers can be granted by way of, for example and not limited to, the registration of a user being followed by the registration of a friend recommended by the user.
9.2 The validity and value of the vouchers are specified the moment that the vouchers are issued. In the case of the vouchers being offered by San Pio X in correspondence to a specific offer, these vouchers cannot be used for other offers.
9.3 The vouchers are not transferable. The vouchers may not be redeemed in cash or accrue interest.
9.4 The vouchers cannot be used to settle the delivery charge.
9.5 San Pio X reserves the right to not accept vouchers for orders below the amount specified at the time of issuing the vouchers.
9.6 In case the amount on the vouchers exceeds the amount of the order, San Pio X will not reimburse or credit the remaining value to the user.
9.7 In case the user’s order exceeds the value of the voucher, the difference in price will be charged to the user using the normal methods of payment referred to in the previous section.
9.8 San Pio X reserves the right to accept only a single voucher for an order.
9.9 In case of returns, the vouchers will not be refundable.
9.10 San Pio X reserves the right to revoke the vouchers in case of fraudulent activity by the user. By way of non-exhaustive example, making false invitations or violating the Terms and Conditions of San Pio X.
9.11 San Pio X reserves the right to change the conditions relating to vouchers at any moment and without previous notice, by way of non-exhaustive example; the possibility of use or expiration dates.
- Right to withdraw
10.1 The user who purchased products through the Website has the right to rescind the contract concluded with San Pio X 1708, without any penalty and without specifying the reason, within 14 working days from the date of receipt of the goods, unless otherwise specified. The rescission must be exercised by registered letter with acknowledgment of receipt sent to San Pio X.
The rescission may be anticipated electronically in the 14 day window via email: email@example.com , on the condition that the rescission is confirmed via registered letter with acknowledgement of receipt in the following 48 hours.
10.2 The user must send, using a carrier of his choice and at his own expense, within 14 working days from the date of receipt of the goods, the purchased products, appropriately packed in their original packaging, or in equivalent packaging as long as it is suitable for the courier, complete with any accessories.
10.3 The user must return the products in sealed packaging.
10.4 Pursuant to art. 67, II comma, of the Consumer Code, the essential entirety of the product needing to be returned constitutes a necessary condition for the exercise of the right to withdraw. The products must not have been damaged and / or altered.
10.5 To exercise of the right of annulment it’s not required that the goods to be returned are insured against theft and accidental damage by transport. However, since the inherent risk in returning the goods weighs on the buyer, San Pio X invites the buyer who intends to exercise the right of annulment to insure, at their own expense, the shipment for the value indicated in the confirmation e-mail of the purchase order.
10.6 In accordance with the art. 67, IV comma, 67, of the Consumer Code, only after the return of the product and only after verifying the fulfilment of the formalities of points 10.1, 10.2, 10.3 and 10.4 that precede, will San Pio X proceed, within 14 days of receiving confirmation of the return, to refund the sum paid by the user. The refund amount will be communicated by e-mail and credited to the same payment method used by the user for the purchase. The value date of the amount reimbursed will be the same as the debit date. The user can, in any case, adhere to current commercial offers.
10.7 In accordance to art. 55 of the Consumer Code, the right to withdraw excludes cases in which the sale relates to products made to measure or personalized, which by their nature cannot be returned or are liable to deteriorate or expire rapidly (e.g. alimentary items, cosmetics, flowers, etc.). Nevertheless, San Pio X 1708 offers the possibility to withdraw for food products that may deteriorate according to the following conditions:
- The customer has the right to withdraw from the purchase of fresh goods at risk of perishability if they have withdrawn the parcel on the first delivery attempt by the courier. In case of non-delivery due to the absence of the recipient at the specified address – at the first passage of the courier – the right of withdrawal lapses.
- The customer has the right to withdraw from the purchase of fresh goods at risk of perishability if, upon opening the packet, the product is altered or does not present the characteristics specified at the moment of purchase.
- The right to withdraw for products at risk of perishing may be exercised with the sending of an email within 24 hours of receiving the goods to firstname.lastname@example.org . In the email you must include a description of the product that you intend to return and the relevant alterations.
- San Pio X 1708 will take care of the collection of the goods upon receipt of the communication from the customer. San Pio X 1708 reserves the right to evaluate the actual deterioration of the fresh product at the time of return. If the existence of the alteration is not found, the client will be notified and the price paid will not be refunded.