General terms and conditions of sale

Art. 1 - General Provisions

  1. By browsing this area, the user accesses LA CASERA SRL a Socio Unico Via Vidic 28923 Verbania (VB) P.I. and C.F.: 02216990032, accessible via the url https://shop.formaggidieros.it/ (“Site”). Browsing and transmitting a purchase order on the site entail acceptance of the Conditions and Data Protection Policies adopted by the site itself indicated therein.
  2. These General Conditions of Sale (“CGV”) apply to the sale of products with exclusive reference to purchases made on the site in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree No. 206/ 05 amended by Legislative Decree No. 21/14 and Legislative Decree 70/03) by: LA CASERA SRL a Socio Unico Via Vidic 28923 Verbania (VB) VAT number: 02216990032
  3. The user is required, before accessing the products provided by the site, to read these GCS which are generally and unequivocally accepted at the time of purchase.
  4. The user is invited to download and print a copy of the purchase form and these GCS, the terms of which LA CASERA Srl reserves the right to modify unilaterally and without notice.

 

 

Art. 2 - Object

 

  1. These GCS regulate the offer, forwarding and acceptance of purchase orders for products on the "Site" and do not, however, regulate the provision of services or the sale of products by third parties present as links, banners or hyperlinks.

 

  1. It is advisable to check the conditions of sale before placing orders and purchasing products and/or services from different parties.

 

 

 

Art. 3 - Conclusion of the Contract

 

  1. Before concluding the contract, it will be necessary to complete the form in digital format and send it following the relevant instructions.

 

  1. It contains the reference to the GCS, the images of each product and the relative price, the permitted means of payment, the means of delivery of the purchased products and the related shipping and delivery costs, a reference to the conditions for the exercise of the right of withdrawal; methods and times for returning purchased products.

 

  1. Confirmation of having read the GSC including the information on the right of withdrawal will be requested before the conclusion of the contract.

 

  1. The contract is concluded when the seller receives the form completed by the user, after verifying the correctness of the data contained therein.

 

  1. Payment of the price will take place when the online order submission procedure is completed. This will happen by clicking on the “buy” button at the end of the guided procedure.

 

  1. The seller will take charge of the order for its fulfillment once the contract is concluded.

 

 

 

Art. 4 - Registration on the Site

 

  1. The user is obliged to follow the instructions on the site by providing their personal data correctly and truthfully, as required by the registration procedure.

Registration on the Site, by opening a personal account, allows the registered user to:

  • Manage your personal data and update it at any time;
  • Save and edit your addresses;
  • Access all information relating to orders and any returns;
  • Access after-sales support services.

 

  1. Once registered, the user will receive a confirmation email to the email he provided. Confirmation must be communicated within 24 hours at most. After this period, in the absence of confirmation, LA CASERA Srl will be released from any commitment towards the user.

 

  1. The confirmation will in any case exempt LA CASERA Srl from any responsibility regarding the data provided by the user. It is the user's responsibility to promptly inform LA CASERA Srl of any changes to their data communicated during the registration phase.

 

  1. In the event of communication of inaccurate and/or incomplete data by the user, or in the event that there is a dispute by the interested parties regarding the payments made, LA CASERA Srl - will have the right to suspend and/or not activate the service until the related deficiencies are rectified.

 

  1. Each user can benefit from only one registration on the Site. It is therefore forbidden for the user to create multiple accounts referring to the same person, natural or legal, to companies and/or entities of any type, even through the use of truthful data. The user is also prohibited from entering, for the purposes of registering on the Site, personal data of third parties and/or false and/or invented and/or imaginary and/or, in any way, not corresponding to the truth. In the event of violation of these prohibitions, LA CASERA Srl reserves the right to close all accounts referable to the same person, natural or legal, to the same company and/or to the same entity.

 

  1. Upon the first activation of the profile by the user, LA CASERA Srl will assign to the same "username" and "password" (identifying data) which constitute the system for validating the user's access to the Services. This data remains the only system suitable for identifying the user and will have binding effect on him.

 

  1. It is the user's responsibility to maintain the secrecy and custody of his access data with due care and diligence and not to transfer them, even temporarily, to third parties. The user undertakes to immediately inform LA CASERA Srl, contacting it in the event that he suspects or becomes aware of an undue use or undue disclosure of the same.

 

 

Art. 5 - Information aimed at concluding the online contract

 

  1. In compliance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, LA CASERA Srl informs the user that:
  • To conclude the purchase contract for one or more Products on the Site, the user, after logging in or registering on the Site, must complete an order form in electronic format and send it to lacasera@formaggidieros.it, electronically, following the instructions that appear from time to time on the Site;
  • The contract is concluded when the order form reaches the server used by LA CASERA Srl;
  1. Before proceeding with the transmission of the order form, the user will be able to identify and correct any data entry errors by following the instructions on the Site;
  2. Once the order form has been registered, LA CASERA Srl will send the user, to the email address indicated, the order confirmation containing: a summary of the general and specific conditions applicable to the contract, information relating to the essential characteristics of the product purchased, detailed indication of the price, the means of payment used, delivery costs, where applicable, and any additional costs as well as information on the right of withdrawal; the GSC applicable to the order as well as the standard withdrawal instructions and the standard withdrawal form will be attached to the order confirmation in PDF format;
  • The order form will be archived in the LA CASERA Srl database for the time necessary for its execution and, in any case, within the terms of the law. The essential elements of the order form will be reported to you in the order confirmation. The registered user will be able to access their order by consulting the "Orders" section of the Account.

 

  1. The language available to users for the conclusion of the contract is Italian. Customer Service is able to communicate with users in Italian and English.

 

 

 

Art. 6 - Availability of products

 

  1. Product availability refers to the actual availability at the time the user places the order. Due to the simultaneous presence of multiple users on the site, availability must be considered purely indicative because the products could be sold before the order is confirmed.

 

  1. Each product is accompanied by an information page that illustrates its main characteristics (Product Sheet). Inside the Product Sheet there will be information relating to the availability of the Product. The availability of the Products is continuously monitored and updated. However, since the Site can be visited by multiple users at the same time, it could happen that multiple users purchase the same Product at the same time. In such cases, therefore, the Product could be available for a short period of time, being, instead, out of stock or not immediately available and it being necessary to wait for restocking.

 

  1. If the Product is no longer available for the reasons indicated above or in other cases of unavailability of the Product, without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the civil code , LA CASERA Srl will immediately notify the user via email (Unavailability Notice Email). The user will therefore be able to immediately terminate the contract, pursuant to and for the purposes of the provisions of the art. 61, IV and V paragraphs of the Consumer Code, without prejudice to your right to compensation for damages or, alternatively and without prejudice to this right, accept one of the following proposals:
  • If a restocking of the Product is possible, an extension of the delivery terms, with indication by LA CASERA Srl of the new delivery term of the restocked Product;
  • If it is not possible to restock the Product, the cancellation of the order together with a voucher of €5.00 to be spent on the Site in the three months following its delivery.

 

The Unavailability Notice Email will also contain an indication of the different choice options available to the user. The user's choice must be communicated to LA CASERA Srl by e-mail, to the addresses referred to in the art. 16 below, within the term agreed from time to time with the user, which, in any case, cannot be more than 10 calendar days from sending the order. The purchase voucher referred to in art. 6.3 above will also be recognized if the user proceeds directly to terminate the contract, exercising the right granted to him by law.

 

  1. Cases of partial or total unavailability of the goods could also occur following the sending of the order confirmation email.

 

  1. In the event that the user makes use of the right of termination referred to in the art. 61, IV and V paragraphs, Consumer Code, you do not communicate any choice to LA CASERA Srl within the agreed term, the contract is terminated, without prejudice to the rights attributed to the user by law. LA CASERA Srl, without prejudice to the user's right to compensation for damages, will reimburse the total amount, consisting of the price of the Product, the delivery costs, if applicable, and any other additional costs, as resulting from the order (Total Amount Due), if already paid by the user, without undue delay and, in any case, within 15 working days of sending the order.

The refund of the Total Amount Due, if already paid, will be carried out in the following ways:

  • In the case of payment by credit card, the refund amount will be credited to the same payment method used by the user for the purchase;
  • In the case of payment via PayPal, the refund amount will be credited to the PayPal account. The termination of the contract and the refund amount will be communicated to the user via e-mail.

 

  1.  In the case of orders concerning a plurality of Products (Multiple Order), if the subsequent unavailability concerns only some of the Products covered by the Multiple Order - without prejudice to the rights attributed to the user by law, and , in particular, by Chapter XIV of Title II of Book IV of the civil code, and without prejudice to the application of articles. 6.3 and 6.4 above, if the unavailability concerns all the Products included in the order - LA CASERA Srl will immediately notify the user via e-mail. (Unavailability Notice Email). 

 

The user will therefore be able to immediately terminate the contract, pursuant to and for the purposes of the provisions of the art. 61, IV and V paragraphs of the Consumer Code, without prejudice to your right to compensation for damages or, alternatively and without prejudice to this right, accept one of the following proposals:

  • If it is possible to restock the Products covered by the Multiple Order which have become unavailable, an extension of the delivery terms for all the Products (even those available), with an indication of the new delivery term for the same;
  • If it is not possible to restock the Products that have become unavailable, the cancellation of the entire Multiple Order.

 

The termination of the purchase contract, for technical reasons, cannot concern only the Product or Products that have become unavailable, but must concern the entire order. Once the original order has been resolved, in the event that the user still wishes to purchase the available Products referred to in the original order, he/she will have to send a new order via the Site regarding such Products, which will therefore be delivered by the delivery date indicated for this new order.

 

The Unavailability Notice Email will also contain an indication of the different choice options available to the user. The user's choice must be communicated to LA CASERA Srl by e-mail, within the deadline agreed from time to time with the user, which, in any case, cannot be more than 10 calendar days from sending the order .

 

  1. In the event that the user makes use of the right of termination referred to in the art. 61, IV and V paragraph, Consumer Code if restocking is not possible, in the event that the user, notified of the unexpected unavailability and of the different choice options, does not communicate any choice to LA CASERA Srl: within the agreed term, the contract of purchase concerning the Products that have become unavailable will be fully terminated, without prejudice to the rights attributed to the user by law, including the right to compensation for damages, with consequent refund of the Amount Total Due, if already paid, including delivery costs and any other additional costs paid in relation to the order.

 

The Total Amount Due by the user in relation to the resolved Multiple Order, if already paid, will be refunded without undue delay and, in any case, within 15 working days of sending the order. The refund of the Total Amount Due, if already paid, will be made with the following methods in the case of payment by:

  • Credit card, the refund amount will be credited to the same payment method used by the user for the purchase;
  • PayPal the refund amount will be credited to your PayPal account. The termination of the contract and the refund amount will be communicated to the user via e-mail.

 

  1. In relation to cases of termination of the contract, it should be noted that any delays in crediting the refund amount may depend on the banking institution, the type of credit card or the payment solution used.

 

  1. In the event of cancellation of the order by the user, effectively terminating the contract, LA CASERA Srl will refund the amount paid within 14 days starting from the moment in which LA CASERA Srl became aware of the buyer's decision to terminate the contract.

 

 

 

Art. 7 - Information on the Products offered

 

  1. LA CASERA Srl sells:
  • Cheeses;
  • Cured meats;
  • Confectionery products;
  • Canned food;
  • Come;
  • Distillates;
  • Accessories.

 

  1. Each Product is accompanied by theProduct Sheet. The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. The colors of the Products and their packaging, however, may differ from the actual ones due to the settings of the computer systems or computers used by users to view them. Furthermore, the Product images present in the Product Sheet may differ in size or in relation to any accessory products. These images must therefore be understood as indicative and with the tolerances of use. For the purposes of the purchase contract, the description of the Product contained in the order form sent by the user will prevail.

 

 

  1. The offer is detailed on our website at the link: https://formaggidieros.myshopify.com

 

 

 

Art. 7 - Payment methods and prices

 

 

  1. The price of the products will be that indicated from time to time on the site and will be expressed in euros, except where it gives rise to a clear error.

 

  1. LA CASERA Srl reserves the right to change the price of the Products at any time, without notice, it being understood that the price charged to the user will be that indicated in the order summary and displayed by the user before sending the order and that any variations (increasing or decreasing) subsequent to the transmission of the same will not be taken into account.

 

 

  1. The prices of the products on the site all include VAT and do not include shipping costs. Prices may change at any time except for orders for which order confirmation has already been sent.

 

  1. In the event of a price error, LA CASERA Srl will notify the buyer as soon as possible, allowing the cancellation. In any case, there will be no obligation for LA CASERA Srl to supply what is sold at the lower price incorrectly indicated.

 

 

  1. In the event that a Product is offered on the Site at a discounted price, the Product Sheet will indicate:
  2. The full reference price against which the discount is calculated;
  3. What this full reference price corresponds to.

It is understood that the offer of Products at discounted prices will be made only if the full reference price of the Product corresponds to its actual market price. In the event that no indication is included, it must be understood that the full reference price is the price at which the Product was previously sold on the Site.

 

  1. Once you have selected the desired products, they will be added to the cart. Simply follow the purchase instructions, entering or verifying the information requested at each step of the process. Order details may be modified before payment.

 

  1. The purchase contract is definitively conditional on non-payment of the Total Amount Due. In the event that such payment does not occur, the purchase contract will therefore be considered legally terminated. Of this resolution and the consequent cancellation of the order, the user will be notified via:
  • The Site, immediately after sending the order, in all cases in which the user has chosen a method other than Cash on Delivery as the payment method;
  • Email, immediately after failure to pay on delivery, in the event that the user has chosen Cash on Delivery as the payment method.

 

  1. Ownership of the Products will be transferred to the user at the time of shipment, to be understood as the moment of delivery of the Product to the carrier ("Shipping"). The risk of loss or damage to the Products, for reasons not attributable to LA CASERA Srl, however, is transferred to the user, when the user, or a third party designated by the same and other than the carrier, physically comes into possession of the Products.

 

In the event that the user has chosen a payment method other than Cash on Delivery as a payment method, the Shipment will be carried out only after confirmation of the actual payment of the Total Amount Due,

 

  1. In order to send a purchase order it is necessary to read and approve these GCS, by selecting the appropriate box that will appear during the purchase process. Failure to accept the GCS will make it impossible to make purchases via the Site.

 

  1. The registered user can request the issuance of the commercial invoice by selecting the appropriate box during the purchase process and completing the appropriate form made available to him. The commercial invoice, which will therefore be issued only if the user requests it in the manner indicated above, will be sent to the user at the email address indicated. For the issuing of the invoice, the information provided by the user via the appropriate form and which the user guarantees to be truthful is valid.

He undertakes to keep LA CASERA Srl harmless and indemnified from any damage, compensation obligation and/or sanction that may arise and/or be imposed on it in the event that such information is not accurate or does not correspond to the truth. No changes to the invoice will be possible after it has been issued.

 

  1. Payment can be made via:
  • Credit card. The accepted credit cards are those of the Maestro, MasterCard, Visa circuits (including Postepay on the Visa circuit), Visa Electron, American Express. They are, in any case, indicated in the footer of the site. LA CASERA Srl will charge the Total Amount Due at the time the order is sent, which coincides with the conclusion of the online contract.
  • PayPal. If the user chooses Payment via PayPal, he will be redirected to the website www.paypal.com, where he will pay for the Products according to the procedure established and regulated by PayPal Europe s.a.r.l. and Cie S.C.A. (“PayPal”) and the terms and conditions of contract agreed between you and PayPal. In the case of payment via PayPal, the payment data for the Products will be processed directly by PayPal and will not be transmitted or shared with LA CASERA Srl. LA CASERA Srl is therefore not able to know and does not store the credit card data in any way. credit linked to the user's PayPal account or the data of any other payment instrument connected to that account.

 

In order to guarantee the security of payments made on the Site and prevent any fraud, LA CASERA Srl reserves the right to ask the user, via e-mail, to send, via the same means, a front/back copy of their card identity and, in the event that the order holder is different from the credit card holder, the latter's identity card. The document must be valid. The deadline within which the document must reach LA CASERA Srl will be specified in the request email. This deadline will not, in any case, exceed 5 working days from receipt of the request by the user. While waiting for the requested document, the order will be suspended. The user is required to send the requested documents within the indicated deadline.

 

In the event that LA CASERA Srl does not receive such documents within the deadline specified in the request email or receives expired or invalid documents, the contract will be considered legally terminated pursuant to and for the purposes of art. 1456 c.c. and the order consequently cancelled, without prejudice to the right of LA CASERA Srl to compensation for any damage it may have incurred due to the non-compliant behavior of the user. The termination of the contract, of which the user will be notified by e-mail, no later than 5 working days from the deadline for sending the documents requested by LA CASERA Srl, will result in the cancellation of the order, with consequent refund of the Total Amount Due and application. The refund deadline starts from the termination of the order.

 

In the event of receipt by LA CASERA Srl of valid documentation within the deadline indicated in the e-mail referred to in the art. 11.3 above, the delivery terms applicable to the order will start from the date of receipt of the same.

 

 

 

Art. 8 - Delivery

 

 

  1. LA CASERA Srl carries out shipments throughout the Italian territory, excluding the state of Vatican City and the Republic of San Marino.

 

  1. LA CASERA Srl makes its deliveries both to the home address provided by the user and to the shop indicated at the time of purchase.

 

  1. At the time of shipment, an email will be sent to the user confirming the delivery of the Products to the carrier (Shipping Confirmation Email). LA CASERA Srl reserves the right to modify the costs of Product Delivery, also possibly providing free Product Delivery costs, at any time, without notice, without prejudice to the fact that the Product Delivery cost applied to the user will be that indicated in the order summary, before the user is bound by the contract, and that any variations, increases or decreases, subsequent to the transmission of the same will not be taken into account. The carrier will then send the user an email with the tracking number and/or the link to track the shipment.

 

  1. Delivery will generally take place within 7 days, or, if no delivery date is specified, within the deadline estimated at the time of selecting the delivery method and, in any case, within the maximum period of thirty days from the confirmation date.

 

  1. In the event of impossibility to make the delivery, the order will be sent to the warehouse and the buyer will be notified where it is located and how to agree on a new delivery.

 

  1. A new delivery date may also be agreed upon in the event that the user cannot be present at the delivery location.

 

  1. If delivery cannot take place for reasons not attributable to us after thirty days from the date on which the order is available for delivery, we will assume that the contract is considered terminated.

 

  1. In the event of termination of the contract, the amounts will be returned, including delivery costs with the exclusion of any additional costs resulting from the choice of a delivery method other than the ordinary method offered without unjustified delay and, in any case, within 14 days of date of termination of the contract. In case of added costs resulting from the termination of the contract these will be borne by the buyer.

 

  1. Shipping costs are the responsibility of the buyer and are explicitly highlighted when placing the order.

 

  1. Home delivery is intended for street level, unless otherwise provided in the Product Sheet. Home delivery will be carried out from Monday to Friday during normal office hours (from 9am to 6pm), excluding national holidays. In the event of non-delivery of the Home Shipment due to the recipient's absence at the address specified in the order form, the courier will leave the recipient with a delivery notice containing the contact number (Delivery Notice). The courier will then make a second delivery attempt the following day, or will have to be contacted by the user to agree on an alternative delivery date, depending on the instructions on the Delivery Notice. If this attempt is also unsuccessful or if the user does not contact the courier, the package will go "in storage" with the courier. The courier will then communicate the stock to LA CASERA Srl which, through Customer Service, will contact the user in order to provide him with all the information necessary to collect the package at the courier's branch. In the event that the user does not collect the goods at the courier's branch within 5 days of delivery of the delivery notice, the purchase contract will be considered legally terminated pursuant to and for the purposes of art. 1456 c.c. with consequent reimbursement, within 15 working days from the termination of the contract, of the Total Amount Due, if already paid, minus the costs of unsuccessful delivery, the storage costs, the costs of returning to LA CASERA Srl and any any other expense incurred due to non-delivery due to the absence of the recipient. The delivery procedure, the terms for management in the event of non-delivery due to the absence of the recipient and the consequences of failure to collect within the agreed terms and of returning it to the sender due to non-delivery will be reminded to the user in the Shipping Confirmation Email.

 

  1. In the case of Multiple Orders which concern Products that must be delivered separately, the procedure will be applied autonomously to each delivery, with the consequence that failure to collect the Product within the deadline indicated in this article will not lead to the termination of the entire contract, but the partial resolution of the same with reference only to the Product not collected. Consequently, the amount that will be refunded to the user, if already paid, will not be the Total Amount Due but only the amount due in relation to the Product not collected, minus the costs of unsuccessful delivery, calculated as expected, storage costs, return costs to LA CASERA Srl and any other costs incurred due to non-delivery caused by the absence of the recipient.

 

  1. In the event that the purchased Product is not delivered or is delivered late with respect to the delivery terms indicated during the purchase process and in the order confirmation, the user, pursuant to art. 61 of the Consumer Code, invites LA CASERA Srl to make the delivery within an additional deadline appropriate to the circumstances (Additional Term pursuant to art. 61, third paragraph, Consumer Code). If this additional term expires without the Products having been delivered, the user is entitled to terminate the contract (Termination of the Contract pursuant to art. 61, third paragraph, Consumer Code), without prejudice to the right to compensation for damages. The user is not burdened with the burden of granting LA CASERA Srl the Additional Term pursuant to art. 61, paragraph III, Consumer Code (Excluded Cases) if: a) LA CASERA Srl has expressly refused to deliver the Products; b) compliance with the delivery deadline indicated during the purchase process and in the order confirmation must be considered essential, taking into account all the circumstances that accompanied the conclusion of the contract; c) the user has informed LA CASERA Srl, before the conclusion of the contract, that delivery by or on a specific date is essential.

 

  1. In Excluded Cases, the user, if he does not receive the Products within the delivery time indicated during the purchase process and in the order confirmation, is entitled to immediately terminate the contract, without prejudice to the right to compensation for damages (Termination of the Contract in Excluded Cases).

The indication of the Additional Term pursuant to art. 61, paragraph III, Consumer Code and the communication of Contract Termination pursuant to art. 61, third paragraph, Consumer Code or Termination of the Contract in the Excluded Cases must be communicated by the user to LA CASERA Srl at the address Via Vidic 28923 Verbania (VB).

 

In the event of Termination of the Contract pursuant to art. 61, paragraph III, Consumer Code or Resolution in Excluded Cases, LA CASERA Srl will refund the user the Total Amount Due, if already paid, without undue delay. The deadline for reimbursement starts from the termination of the contract.

 

In any case, LA CASERA Srl undertakes to notify the user, promptly and by e-mail, of the delay in delivery (Notice of Delay), simultaneously indicating the new delivery deadline, if available (New Delivery Term) and, in the event that the user does not proceed with setting the Additional Term pursuant to art. 61, paragraph III, Consumer Code or, if the conditions are met, to the Termination of the Contract pursuant to art. 61, paragraph III, Consumer Code or to the Termination of the Contract in the Excluded Cases, without prejudice to the possibility for the user to avail himself at any time of such remedies and/or the ordinary means of protection made available by law and, in particular , from Chapter XIV of Title II of Book IV of the civil code, LA CASERA Srl undertakes to in case of:

 

  1. Delivery with a delay of between 1 and 3 working days compared to the New Delivery Deadline: refund the user the home delivery costs;
  2. Delivery with a delay of between 4 and 10 working days compared to the New Delivery Term, allowing the user to refuse delivery and terminate the contract, with consequent refund, in the manner indicated in the art. 7.4 above, of the Total Amount Due, if already paid, immediately and, in any case, within 10 working days of the request for termination of the contract or, alternatively, if the user does not wish to terminate the contract, reimburse the user for the expenses of home delivery, plus, regardless of the user's choice, a voucher of Euro 5.00;
  • Delay in delivery exceeding 10 working days with respect to the New Delivery Term or, in any case, 20 days with respect to the original delivery term, offer the user, in addition to what is provided for in this article, point (ii) above , the possibility of accepting the supply of a different Product of equivalent or greater value, upon payment, in the latter case, of the difference and upon express consent, granting the user, in any case, a purchase voucher of Euro 10.00 .

 

  1. In the case of Multiple Orders which concern Products that must be delivered separately, the preceding provision will independently apply to each delivery. With respect to each delivery and therefore, limited to the Products covered by it, the user may proceed to set the Additional Term pursuant to art. 61, third paragraph, Consumer Code and to the Termination pursuant to art. 61, paragraph III, Consumer Code or Resolution in Excluded Cases, if the relevant conditions are met. In this case, LA CASERA Srlwill refund the user the Partial Amount Due, if already paid, without undue delay.

 

  1. In any case, LA CASERA Srl undertakes to promptly send the user the Delay Notice, simultaneously indicating the New Delivery Deadline, if available, and, in the event that the user does not proceed with setting the Additional Deadline pursuant to art. . 61, paragraph III, Consumer Code or, if the conditions are met, to the Termination of the Contract pursuant to art. 61, paragraph III, Consumer Code or to the Termination of the Contract in the Excluded Cases, in relation to the single delivery and the related late Products, without prejudice to the possibility for the user to make use of these remedies and/or the ordinary ones at any time means of protection made available by law and, in particular, by Chapter XIV of Title II of Book IV of the civil code, LA CASERA Srl undertakes to in case of:
  2. Delivery of one of the Products included in the Multiple Order with a delay of between 1 and 3 working days compared to the New Delivery Deadline: refund the user the home delivery costs, calculated as indicated previously;
  3. Delivery of one of the Products covered by the Multiple Order with a delay of between 4 and 10 working days compared to the New Delivery Term, allowing the user to refuse delivery and terminate the contract partially and limited to the Product covered by the Multiple Order delivered late, resulting in a refund.

 

  1. It is up to the user to check the conditions of the Product that has been delivered to him. Without prejudice to the fact that the risk of loss or damage to the Products, for reasons not attributable to LA CASERA Srl, is transferred to the user, when the user, or a third party designated by the same and other than the carrier, physically comes into possession of the Products, recommends the user to check the number of Products received and that the packaging is intact, not damaged, wet or otherwise altered, even in the closing materials (adhesive tape) and is invited, in his interest, to indicate on the document of the carrier's transport, any anomalies, accepting the package with reservation. The unreserved receipt of the Products, in fact, does not allow the user to take legal action against the courier, in the event of loss or damage to the Products, except in the case in which the loss or damage is due to willful misconduct or gross negligence of the courier itself and with the exception of partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as it is known and no later than eight days after receipt. In the event that the packaging shows obvious signs of tampering or alteration, the user is also recommended to promptly notify Customer Service. In any case, the application of the rules regarding the right of withdrawal and legal guarantee of conformity remains unchanged.

 

  1. The user also has the possibility to choose Pick-up in Store as the delivery method. as soon as the Product is ready for collection, the user will receive an email that the Product has been delivered to the Selected Store (Notice of Delivery to Store). The Shipping Confirmation Email and the Notice of Delivery to the Store will contain the code needed to collect the purchased Products (Collection Code).

 

The Product may be collected by the user during the opening hours and days of the Selected Store, as indicated on the Site. To collect the Product, the user or his delegate must provide the Selected Store staff with the Collection Code. The Selected Store is not entitled to ask the user to show identification documents and/or to show the order confirmation email and/or the shipping confirmation email and/or the delivery notification. Delivery to Store. The user therefore accepts and acknowledges that the withdrawal of the product:

Providing the Selected Store staff with the Collection Code is their precise obligation;

  1. It can take place only and exclusively upon provision of the Withdrawal Code;
  2. This cannot happen in the event of failure to provide this code, even if the user shows the order confirmation email or the Shipping Confirmation Email or the Notice of Delivery to the Store.

 

The user acknowledges that the collection of the Product is his precise obligation deriving from the purchase contract. The user is obliged to collect the Product within 5 working days of receiving the Notice of Delivery to the Store.

In case of failure to collect within the deadline indicated above (Failed Collection), the Selected Store will inform LA CASERA Srl which will contact the user via Customer Service. In the event that the user does not collect the Product from the Selected Store within 10 working days of receiving the Notice of Delivery to the Store, the purchase contract will be considered automatically terminated pursuant to and for the purposes of art. 1456 c.c. with consequent reimbursement, within 15 working days from the termination of the contract of the Total Amount Due, minus the costs of unsuccessful delivery, storage costs, return costs to LA CASERA Srl and any other possible expenses in which is incurred due to failure to collect the Product by the user. LA CASERA Srl reserves the right to remind the user of the procedure in the event of Failure to Collect and the related consequences in the Communication of Successful Delivery to the Store.

 

The mere Failure to Collect (i.e. Failure to Collect not preceded by the exercise of the right of withdrawal in the manner referred to in art. 13 below) cannot be understood as exercising the right of withdrawal referred to in the art. 52 of the Consumer Code and, consequently, will not give the right to a refund of the sums paid by the user for the purchase of the Product. The deadline of 14 calendar days for exercising the right of withdrawal referred to in the art. 52 of the Consumer Code will start from the date on which the user collects the Product. The terms and conditions governing the exercise of the right of withdrawal are described in the art. 11 below, to the full contents of which please refer.

 

 

  1. The user is advised of the following:
  • In the event that the user chooses Collection in Store, the user will not be able to make use of Cash on Delivery; the payment of the Total Amount Due must therefore necessarily be made at the time the order is sent, on the Site, via one of the following payment methods: Payment by credit card, Payment by PayPal;
  • Any request for information, any complaint and/or any report relating to orders and/or Products delivered with the Pick-up in Store method must be addressed solely to LA CASERA Srl, via Customer Service.
  1. The user is not entitled to exercise the right of withdrawal and/or return the Product for which he intends to exercise or has exercised the right of withdrawal at the Store available for collection;
  2. The user is not entitled to exercise the Legal Guarantee, nor to return the Product for which he claims a Defect of Conformity to the Selected Store.

 

  1. It is up to the user to check the conditions of the Product that was delivered to him at the Selected Store. Without prejudice to the fact that the risk of loss or damage to the Products, for reasons not attributable to LA CASERA Srl, is transferred to the user, when the user, or a third party designated by the same and other than the carrier, physically comes into possession of the Products, recommends the user to check the number of Products received and that the packaging is intact, not damaged, wet or otherwise altered, including the closing materials (adhesive tape). If the package shows obvious signs of tampering or alteration, the user is recommended to promptly notify Customer Service. In any case, the application of the rules regarding the right of withdrawal and legal guarantee of conformity remains unchanged.

 

 

Art. 9 - Passing of risk

 

 

  1. From the moment of delivery, the risks relating to the products will pass to the buyer and ownership of the products is considered acquired as soon as payment is received including all amounts due in relation to the same, including shipping costs, or at the time of delivery. , if this occurred at a later time.

 

 

 

Art. 10 - Guarantee and commercial compliance

 

  1. In accordance with the provisions of Italian law, the seller remains responsible for any defect in the products sold on the site, including non-compliance of the items with the products ordered.

 

  1. The guarantee is valid provided that the defect occurs within 24 months from the date of delivery of the products. In this case the buyer must present a formal complaint regarding the defects within a maximum of 2 months from the date on which the defect was recognized by the latter. The request must be forwarded to the seller via a correctly completed return form.

 

  1. In case of non-conformity, the buyer will have the right to obtain the restoration of the non-conformity of the products without charge, through repair or replacement, or to obtain an appropriate price reduction or the termination of the contract relating to the disputed goods and the consequent return of the price.

 

 

Art. 11 - Recess

 

  1. The buyer has the right to withdraw from the purchase without any penalty and without specifying the reason within 14 days as required by the art. 52 and following of the Consumer Code, starting from the date of receipt of the products. The Withdrawal Period expires after 14 days in the case of: order
  • Relating to a single Product, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the Products;
  • Multiple with separate deliveries, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last Product;
  1. Related to the delivery of a Product consisting of multiple lots or pieces, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last lot or piece

 

  1. To exercise the right of withdrawal, the user must communicate, before the expiry of the Withdrawal Period, of his decision to withdraw. To this end you can:
  • Use the standard withdrawal form (Typical Withdrawal Form) made available on the Site via the “Right of Withdrawal” link;
  • Present any other explicit declaration of your decision to withdraw from the contract (Withdrawal Declaration).

 

  1. The Standard Withdrawal Form or the Withdrawal Declaration must be sent to the following e-mail address: lacasera@formaggidieros.it, or to the address: Via Vidic 28923 Verbania (VB).

 

  1. The user has exercised his right of withdrawal within the Withdrawal Period, if the communication relating to the exercise of the right of withdrawal is sent by the consumer before the expiry of the Withdrawal Period. In the event that the user makes use of the Declaration of Withdrawal, the consumer is invited to indicate in the Declaration of Withdrawal the order number, the Product(s) for which he/she intends to exercise the right of withdrawal and his address. It should be noted that, since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period lies with the user, it is in the user's interest to make use of a durable medium when communicating to LA CASERA Srl his withdrawal.

 

  1. The user must return the Products to LA CASERA Srl, using a carrier of his own choice and at his own expense, without undue delay and in any case within 14 calendar days from the date on which he communicated to LA CASERA Srl the your decision to withdraw (Return Deadline). The Return Deadline is met if the user sends back the Products before the fourteen day period expires. The Product, appropriately protected and packaged and in the original packaging, must be returned to the following address: vita Vidic 28923 Verbania (VB).

 

The direct costs of returning the Products are borne by the user as is the responsibility for their transport. In the case of Products which by their nature cannot normally be returned by post, the standard return instructions (System Withdrawal Instructions) will indicate the maximum estimated cost of return, identified by type of Product and based on the cost of delivery of the same. The Standard Withdrawal Instructions, containing information on the exercise of the right of withdrawal, are made available to the user on the Site before the conclusion of the contract, via the "Right of Withdrawal" link, also accessible from the Product Sheet and attached to the order confirmation email. The return of the Products takes place under the responsibility and at the expense of the user. The user is kindly asked to indicate on the outside of the package with which he makes the return, the number of the order for which he exercises the right of withdrawal, in order to more efficiently manage the procedure.

 

  1. If the user withdraws from the contract, LA CASERA Srl will refund the Total Amount Due, including delivery costs if applicable, or, in the case of partial withdrawal from Multiple Orders, the Partial Amount Due, excluding delivery costs , if applicable and excluding, in any case, the Additional Cost for Cash on Delivery, if applicable, without undue delay and in any case no later than 14 calendar days from the day on which LA CASERA Srl has been informed of the user's decision to withdraw from the contract. Unless the user has expressly agreed otherwise in the case of payment by credit card, the refund amount will be credited to the same payment method used by the user for the purchase. In any case, the user will not incur any costs as a result of such reimbursement. LA CASERA Srl may suspend the refund until receipt of the Products subject to withdrawal or until the user demonstrates that they have sent back such products, whichever is earlier.

 

  1. You are solely responsible for any decrease in the value of the goods resulting from handling the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, in perfect working order, accompanied by its packaging.

 

  1. In the event that the Product for which the withdrawal was exercised has suffered a decrease in value resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the refund amount may be reduced by an amount equal to this decrease in value. LA CASERA Srl will notify the user of the circumstance and the consequent decreased refund amount within 5 working days of receipt of the Product, providing the user, in the event that the refund has already been paid, with the bank details for the payment of the amount owed by the user due to the decrease in value of the Product. Without prejudice to the hypotheses provided for by the art. 59 of the Consumer Code, in which the right of withdrawal does not apply and/or ceases upon the occurrence of certain circumstances, and in which, therefore, no refund is due to the user, in the - various - cases in which the right of withdrawal applies, if the Product for which the right of withdrawal was exercised has been opened, given the type of Products, it is assumed that the Product, as it can no longer be put on sale, has suffered a decrease in value of 50% and , consequently, the refund amount will be reduced by 50%, without prejudice to the right of LA CASERA Srl to deduct a larger sum from the refund amount, in the event that the decrease in value suffered by the Product as a result of a incorrect handling of the same.

 

  1. In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not lead to the termination of the contract and, consequently, will not give the right to any refund. LA CASERA Srl will notify the user within 5 working days of receiving the Product, rejecting the withdrawal request. The Product will remain at LA CASERA Srl available to the user for collection, which must take place at the expense and under the responsibility of the user himself.

 

  1. The user is reminded that the right of withdrawal is excluded in the cases referred to in the art. 59 of the Consumer Code and, in particular, with regard to contracts concluded through the Site, relating to the supply of goods:
  • Made to measure or clearly personalized;
  • Which are at risk of deteriorating or expiring rapidly;
  • Sealed items that are not suitable for return for hygienic or health protection reasons and are opened after delivery.

 

  1. In the event that, under one of the legal hypotheses, the right of withdrawal does not apply, specific and express communication of this exclusion will be given in the Product Sheet and/or, in any case, during the purchase process, before the user proceeds to transmit the order.

 

  1. With reference to Products delivered via Store Collection, the following is specified:
  • The user is not entitled to exercise the right of withdrawal and/or to return the Product with respect to which he intends to exercise or has exercised the right of withdrawal at the Store, having to make use, even in the case of Collection in Store, of the methods indicated both for the exercise of the right of withdrawal both for the return of the Product;
  • The Selected Store and the other Stores indicated on the Site as available for collection are not authorized to receive the Withdrawal Declaration or the Type Withdrawal Form and are not authorized to accept the return of the Products;
  1. The user who has chosen Store Collection as the delivery method will therefore not be able to exercise the right of withdrawal nor return the Products for which he wishes to withdraw to the Stores indicated on the Site as available for collection, including the Selected Store price at which the The user has collected the Product.

 

  1. The right of withdrawal will not apply to the products and services of LA CASERA Srl present in the categories of the art. 59 of Legislative Decree 206/2005.

 

  1. The refund will be made using the same payment method chosen by the buyer during the purchase phase. In the case of payment made by bank transfer, and, if the user intends to exercise his right of withdrawal, he must provide the bank details: IBAN, SWIFT and BIC necessary to make the refund.

 

 

Art. 12 - Legal Guarantee

 

 

  1. All products sold on the Site are covered by the legal guarantee of conformity provided for by the articles. 128-135 of the Consumer Code (Legal Guarantee).

 

  1. The Legal Guarantee is reserved for consumers. It, therefore, applies only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out. Those who have purchased on the Site and who do not have the status of consumers will be subject to the guarantees for defects in the goods sold, the guarantee for defects in promised and essential qualities and the other guarantees provided for by the civil code with the relative terms, forfeitures and limitations.

 

  1. The seller (and, therefore, with regard to purchases made on the Site, LA CASERA Srl) is responsible towards the consumer for any lack of conformity existing at the time of delivery of the product and which manifests itself within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.

Unless proven otherwise, it is presumed that defects of conformity which appear within six months of delivery of the product already existed on that date, unless this hypothesis is incompatible with the nature of the product or the nature of the lack of conformity. Starting from the seventh month following delivery of the product, it will be the consumer's burden to prove that the lack of conformity already existed at the time of delivery of the product.

In order to take advantage of the Legal Guarantee, the user must first provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the user, for the purposes of this proof, to keep the order confirmation email or the purchase invoice, if requested, or the transport document or any other document that can certify the date of purchase (for example credit card statement or bank statement) and delivery.

 

 

  1. There is a lack of conformity when the purchased good:
  • It is not suitable for the use for which goods of the same type are usually used;
  • It does not conform to the description made by the seller and does not possess the qualities of the goods that the seller presented to the consumer as a sample or model;
  • It does not present the usual qualities and performances of a good of the same type, which the consumer can reasonably expect, also taking into account the declarations made in advertising or labelling;
  • It is not suitable for the particular use desired by the consumer and which was brought to the attention of the seller at the time of conclusion of the contract and which the seller accepted.

 

Any faults or malfunctions caused by accidental events or by the user's responsibility or by use of the product that does not comply with its intended use and/or as provided in the technical documentation attached to the product are therefore excluded from the scope of the Legal Guarantee.

 

 

  1. In the event of a lack of conformity duly reported within the terms, the user has the right:
  • Primarily, to the free repair or replacement of the goods, at your choice, unless the requested remedy is objectively impossible or excessively onerous compared to the other;
  • Secondly (i.e. in the event that the repair or replacement is impossible or excessively onerous or the repair or replacement has not been carried out within a reasonable time or the repair or replacement previously carried out has caused significant inconvenience to the consumer) to the reduction of the price or termination of the contract, at your choice.

 

The requested remedy is excessively burdensome if it imposes unreasonable expenses on the seller compared to the alternative remedies that can be attempted, taking into account:

  • Of the value that the good would have if there were no lack of conformity;
  • The extent of the lack of conformity;
  • The possibility that the alternative remedy can be used without significant inconvenience for the consumer.

 

  1. In the event that a product purchased on the Site, during the period of validity of the Legal Guarantee, manifests what could be a lack of conformity, the user can follow the procedure indicated in the "Legal Guarantee of Conformity" section of the Site or contact the Customer Service, at the contact details referred to in the art. 16 below. In both cases, a prompt response will be given to the report of the alleged lack of conformity and the specific procedure to follow will be indicated to the user, also taking into account the product category to which the Product belongs and/or the defect reported.

 

  1. LA CASERA Srl reserves the right to ask the user to attach the order confirmation email or other document proving the date of purchase and delivery date to the request to take advantage of the Legal Guarantee.

 

  1. With reference to Products delivered via Store Collection, the following is specified:

The user is not entitled to exercise the Legal Guarantee and/or to return the Product with respect to which he complains of a Defect of Conformity at the Selected Store or at the other Stores indicated on the Site as available for Collection, having to avail himself, even in the case of Collection in store, according to the methods indicated in this art. 14 both for the exercise of the Legal Guarantee and for the return of the Product that the user considers defective;

The Selected Store and the other Stores indicated on the Site as available for collection are not authorized to receive requests to exercise the Legal Guarantee and are not authorized to accept the return of the Products;

The user who has chosen Store Collection as the delivery method will therefore not be able to exercise the Legal Guarantee or return the Products for which he claims a Defect of Conformity to the Stores indicated on the Site as available for collection, including the Selected Price Store which the user collected the Product.

 

 

Art. 13 - Conventional Manufacturer's Warranty

 

  1. The products sold on the Site may, depending on their nature, be covered by a conventional warranty provided by the manufacturer ("Conventional Warranty"). The user can assert this guarantee only against the manufacturer. The duration, extension, including territorial, conditions and methods of use, types of damage/defects covered and any limitations of the Conventional Warranty depend on the individual manufacturer and are indicated in the so-called. warranty certificate contained in the product packaging. The Conventional Guarantee is voluntary in nature, it does not replace, does not limit and does not prejudice or exclude the Legal Guarantee.

 

 

 

Art. 14 - Customer assistance and complaints

 

  1. It is possible to request information, send communications or submit complaints by contacting customer service (Customer Service) in the following ways:

By e-mail, at lacasera@formaggidieros.it

By post, writing to La Casera Srl – Piazza Ranzoni 19 28921 Verbana Intra c/o Customer Service c/o Customer Service;

By telephone, on 0323 581123;

Through the Site, by accessing the “Contact us” section.

 

  1. LA CASERA Srl will respond to complaints by e-mail or post within a maximum of 5 working days from receipt of the request.

 

 

Art. 15 - Data processing

 

  1. According to the Privacy Policy, present on the site, the buyer's data will be processed in accordance with the provisions of the personal data protection legislation (art. 13 of EU REG. 2016/679)

 

 

Art. 16 - Contacts

 

  1. Any request for information can be sent to the following address Via Vidic 28923 Verbania (VB), by telephone to the following telephone number: 0323 581123 or alternatively by email to the following email address: lacasera@formaggidieros.it 

 

 

Art. 17 - Applicable law and competent court

 

  1. These GCS are governed by Italian law and interpreted on the basis of it, without prejudice to any different mandatory rules prevailing in the country of habitual residence of the buyer. Consequently, the interpretation, execution and resolution of the GCS are subject exclusively to Italian law.

 

  1. Any disputes inherent and/or consequent thereto must be resolved exclusively by the Italian jurisdictional authority. In particular, if the user qualifies as a Consumer, any disputes must be resolved by the court of the place of domicile or residence of the user according to the applicable law.

 

 

Art. 18 - Alternative ADR/ODR dispute resolution

  1. Pursuant to art. 141-sexies, III paragraph, Consumer Code, LA CASERA Srl informs the user who qualifies as a consumer pursuant to art. 3, paragraph 1, letter. a) of the Consumer Code, which, in the event that he has submitted a complaint directly to LA CASERA Srl, following which however it has not been possible to resolve the dispute thus arising, LA CASERA Srl will provide the information regarding the body or to Alternative Dispute Resolution bodies for the extrajudicial resolution of disputes relating to obligations deriving from a contract concluded on the basis of these General Conditions of Sale (so-called ADR bodies, as indicated in articles 141-bis et seq. Consumer Code), specifying whether or not it intends to make use of these bodies to resolve the dispute.

 

  1. LA CASERA Srl also informs the user who qualifies as a consumer pursuant to art. 3, paragraph 1, letter. a) of the Consumer Code that a European platform for the online resolution of consumer disputes has been established (so-called ODR platform). The ODR platform can be consulted at the following address https://ec.europa.eu/consumers/odr/; through the ODR platform the consumer user will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online resolution procedure for the dispute in which he is involved.

 

  1. In any case, the right of the consumer user to appeal to the competent ordinary judge of the dispute arising from these General Conditions of Sale, regardless of the outcome of the out-of-court settlement procedure, as well as the possibility, where the conditions are met, of promote an extrajudicial resolution of disputes relating to consumer relations by resorting to the procedures referred to in Part V, Title II-bis of the Consumer Code.

 

  1. Furthermore, for any cross-border dispute relating to the application, execution and interpretation of these General Conditions of Sale, the user, who habitually resides or has domicile in a member state of the European Union other than Italy, can introduce the European procedure established for small claims by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, before the competent judicial body, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 5,000.00 on the date on which the competent court receives the application form. The text of the Regulation can be found on the website https://eur-lex.europa.eu/eli/reg/2007/861/oj.

 

  1. According to the art. 49 c. 1 letter v) of Legislative Decree no. 206/2005 (Consumer Code) the customer who intends to resolve a dispute arising with the merchant (LA CASERA Srl) can make use of the Joint Conciliation procedure. The Procedure can be started if the consumer, after having submitted a complaint to the company, within 45 days, has not received a response or has received a response that is not considered satisfactory by him. The customer who decides to make use of the Joint Conciliation procedure is obliged to send the request to the address: conciliazione@consorzionetcomm.it or to no. by fax: 02/87181126. For further information, please refer to the website: https://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/La-Conciliazione-Paritetica.kl.

 

 

 

 

 

These conditions were drawn up on 06/06/2023