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TERMS AND CONDITIONS OF SALE

GENERAL TERMS AND CONDITIONS OF SALE

Read these terms before placing an order

INTRODUCTION

These General Terms and Conditions of Sale expressly govern the commercial relationships between the website www.boncrem.it and users who purchase products or services offered on the site. 

The site is owned by Stramondo S.r.l., VAT Number 01494580812, with its legal headquarters in Salemi (TP) 91018, Via Marsala snc, email: info@stramondo.it.

The following general terms and conditions apply to the purchase of products and services through electronic means and are governed by Legislative Decree No. 206 of September 6, 2005 (Consumer Code) concerning distance sales to consumers, and by Legislative Decree No. 70 of April 9, 2003 on electronic commerce.

The contract of sale between the Customer and Stramondo S.r.l. will be governed and interpreted in accordance with Italian law.

DEFINITIONS

 In these General Terms and Conditions of Sale, the following terms have the meanings specified below:

  • per "Online sales contract” refers to a distance contract concluded between a Seller and a Final Consumer Buyer through a sales system organized by the Seller, using remote communication technology known as the Internet;
  • the term “Seller” refers to Stramondo S.r.l. a party to this contract, managing the Site and selling products directly to users (Customers);
  • the term "Products" refers exclusively to the movable goods and/or services available in the Seller’s electronic catalogs;
  • the term "Perishable Products" refers exclusively to goods in the Seller's catalogs that are subject to rapid deterioration due to their nature;
  • the term "Buyer" refers to the final consumer-customer authorized to operate on the Site to purchase products, following the methods outlined in these general terms;
  • the term Parties refers jointly to the Seller and the Customer;
  • The term "Site refers to the website located at www.boncrem.it where online purchases can be made.

 

OBJECT OF THE CONTRACT

These general terms, which are made available to the Buyer for reproduction and storage under Article 12 of Legislative Decree No. 70/2003, govern the purchase of products made remotely and via the telematics network through the website www.boncrem.it by Stramondo S.r.l. 

  • By this contract, the Seller sells, and the Buyer purchases remotely the movable goods and/or services indicated below
  • The goods and/or services covered by this contract are all the products selected by the Buyer and placed in the virtual cart, following the online purchase procedures outlined on the website.
  • The products and/or services mentioned above are described on the Seller's website pages.
  • The Seller agrees to provide all the products indicated thereafter in exchange for payment.

 

OBLIGATIONS OF THE BUYER

The Buyer must carefully read and accept all the terms and conditions expressed. The Buyer must have the legal capacity to be bound by these terms and conditions.

The Buyer declares to:

  • Be of legal age.
  • Be authorized to use a bank account, credit card, or other means of payment for making the purchase.
  • Be aware of and agree to receive the product at the location specified during the purchase process.

PRICES

  • Taxes

By default, all product and logistical service prices are expressed in Euros (€) and include VAT (Value Added Tax), for Italy (mainland and major islands). For purchases from other EU countries, VAT recalculation is necessary.

The final prices with taxes will vary depending on the geographical region (Italy or other EU countries) where the products are shipped.

  • Products

Prices on this website have been prepared with the utmost care. However, we cannot guarantee that all the information provided is always accurate and complete.

All prices on this site and in other communications (e.g., newsletters) are subject to correction due to obvious programming errors, typos, or spelling mistakes.

We also reserve the right to modify prices at any time due to changes or impositions from our suppliers.

  • Offers and Promotions

These offers and promotions will be valid as long as they are published on the website and stock is available. Once the promotion ends, the price will revert to its original amount.

Published offers may be modified, updated, or even removed without notice.

The Seller disclaims any responsibility for such changes.

Such discounts and offers may have geographic, customer-type, or other limitations.

  • Shipping Costs

Shipping costs are a flat rate for Italy and will be calculated differently for other EU countries.

Final prices with taxes will vary depending on the geographical region where the products will be shipped. When the country or region is changed in the cart, the system will automatically calculate the final shipping amount with the related taxes.

For orders over €40.00, shipping will be free within Italy.

PURCHASE PROCESS

  • Items

When the Buyer wishes to purchase a product available in stock, they will click the “buy” button.

Product availability may vary within minutes.

Once the Buyer has all the desired products in their cart, they will begin the purchase process

  • Registration

Registration is not mandatory to make purchases. Therefore, the Buyer can choose to make purchases as a registered User or as a guest User. Registration avoids having to enter the address and shipping details every time a purchase is made and enter billing and delivery addresses. If the Buyer is registered, their billing and shipping data will be displayed automatically and can be modified if necessary. If the Buyer is not registered, they will be asked to enter this information with each purchase.

If the Buyer is not registered, they will be asked to enter their email to start the purchase process...

If the Buyer is already registered, they can proceed by entering their email and password.

  • Shipping Details

The system will ask the Buyer for the following personal information: Full address (postal code, city, province/region/state, and country), full name (including surname), and phone number.

If the order is billed to a different person or address, the same information will be required for the entity to be billed..

  • Payment Methods

Payment for the purchased products and the related shipping costs must be made by the Buyer at the time of order completion.

The site uses the NEXI X-PAY service for payments, and all payment methods provided by this service will be accepted, which can be checked at the following link: https://www.nexi.it/it/ecommerce/xpay/pagamenti.

Summary and Confirmation

A summary of all amounts and taxes will be presented to the Buyer.

The Buyer must click the “Place Order” button to confirm their order.

The system will redirect them to an external payment gateway (the Seller will not intervene in the process) to confirm the order. 

All payment gateways comply with international security requirements (PCI Compliant). In the payment gateway, the necessary details to process the payment (credit card, PayPal account, etc.) will be requested. The Buyer must make the payment at that moment; otherwise, the order WILL NOT be processed.

The Seller does not intervene in the payment process, so if for any reason the payment gateway rejects the request (e.g., expired credit card), the Seller will not process the order.

If the payment gateway confirms the request and the order is confirmed, but it is later found to be fraudulent, the order will be automatically canceled.

Once payment is confirmed as legitimate, the order will be processed.

  • Order Processing

If the payment is legitimate (validated by the payment gateway and by us), and there is sufficient stock of all requested products, we will process the order.The Buyer will receive an email with all order details. 

The Seller will start preparing the order within 24/48 working hours after payment confirmation (not from the order confirmation).

SHIPPING AND RECEIPT

  • Packaging 

We ship your order in a carefully sealed and protected package so that it arrives safely.

  • Delivery Dates

Estimated delivery dates are specified in the purchase process itself. Depending on the logistics provider and the delivery location, the delivery dates may vary.

Estimated delivery dates may be changed for reasons beyond the Seller's control and are never binding or guaranteed.

  • Shipping

The Seller ships goods within Italy and EU countries.

For EU member countries, shipping is done under DDP (Delivery Duty Paid), so in these destinations, the goods will arrive directly at the specified delivery location without additional payment required beyond what was paid when placing the order, as the price already includes shipping costs. Shipping costs will be indicated and calculated during the purchase process before the order is submitted, and will also be shown in the order summary page.

  • Receipt

The final receipt of the order will take priority at the address specified by the user in the order.

The courier may contact the Buyer to arrange delivery, but this cannot be guaranteed.

If delivery cannot be made for any reason, the courier should try to contact the Buyer to notify them of a second delivery attempt or delivery to an alternative address (nearby, local business, etc.).

The Seller is not responsible nor involved in communications between the final recipient and the carrier.

The final recipient may refuse the package if it has been opened or shows clear signs of damage.

RIGHT OF WITHDRAWAL

In accordance with and within the limits of Article 64 and following of Legislative Decree No. 206/2005, the consumer buyer has the right to withdraw from the purchase contract for any reason, if dissatisfied.

The right of withdrawal can be exercised within 14 working days from the receipt of the goods.

To exercise the right of withdrawal, an email must be sent to info@stramondo.it; if an alternative declaration of withdrawal is submitted, the burden of proving the correct and timely exercise of the right of withdrawal will fall on the buyer.

Upon receipt of the goods, Stramondo S.r.l. will verify their integrity and proceed with the refund, excluding shipping costs.

The right of withdrawal is subject to the following conditions:

The right of withdrawal under Article 59 of the Consumer Code for distance contracts and contracts negotiated outside commercial premises is excluded with respect to:

  • The supply of goods or services whose price is linked to fluctuations in the financial market that the seller cannot control and that may occur during the withdrawal period;
  • The supply of goods that risk deteriorating or expiring rapidly;
  • The supply of sealed goods that are not suitable for return for hygiene or health protection reasons and have been opened after delivery;
  • The supply of goods that, after delivery, are inseparably mixed with other goods.

Moreover, the right of withdrawal cannot be exercised if the item is not returned in its original condition, for example in cases of:

  • Lack of original packaging (it is therefore recommended to keep the original packaging of the product at least until the withdrawal period expires);
  • Opening of the packaging, with removal of seals;
  • Product damage due to causes other than transport;
  • Apposizione di etichette o nastri adesivi direttamente sulla confezione originale del prodotto;
  • Non-normal state of conservation of the product.

In the event of the expiration of the right of withdrawal, Stramondo S.r.l. will return the purchased item to the sender, charging them the shipping costs.

Furthermore, the following applies:

  • The return shipping costs are at the seller's expense, and the buyer is required to bring the goods to the nearest UPS point for pickup by the courier and shipment to the seller's location; UPS più vicino alla propria residenza o domicilio per il seguente ritiro da parte del corriere e l’invio alla sede del venditore;
  • If a more expensive delivery option than the standard one is chosen, the shipping costs will be entirely borne by the buyer;

In case of damage to the goods during transport, Stramondo S.r.l. will inform the buyer of the incident (within the 5th working day from receiving the goods in its warehouse), allowing them to file a complaint with the courier and obtain a refund for the value of the goods (if insured); in this case, the product will be made available to the buyer for return, simultaneously canceling the withdrawal request;

Stramondo S.r.l. is not responsible for damages or theft/loss of returned goods shipped without insurance.

Subject to any restoration costs for damage to the original packaging, Stramondo S.r.l. will refund the buyer the full amount paid, excluding shipping costs, within 30 (thirty) days from the return of the goods. The refund will be made by crediting the amount due. Stramondo S.r.l. provvederà a rimborsare all’acquirente l’intero importo già pagato ad esclusione delle spese di spedizione, entro 30 (trenta) giorni dal rientro della merce. L’operazione di rimborso verrà effettuata tramite il riaccredito dell’importo dovuto.

REFUND

If the buyer wishes to return the goods, either fully or partially, for any reason, they will be entitled to a refund of the price paid for the purchased product. Shipping charges remain the responsibility of the buyer. The refund, equal to the value of the correctly returned goods, excluding shipping costs, will be made within 30 days based on the payment method chosen at the time of purchase.

It should be noted that payment processing fees will be deducted from the total to be refunded. In case of promotional offers with no shipping costs, the shipping charges will still be deducted from the total to be refunded. 

The returned goods must be sent to: Stramondo S.r.l. – Via Marsala snc -91018 Salemi (TP).

The package must contain the goods in their original, undamaged packaging, complete in every part. The only costs the customer will incur are those related to the return shipping.

EXCHANGE OF GOODS

The buyer may exchange all or part of the goods purchased on the Site within 14 (fourteen) working days from the receipt of the goods. :

The exchange can be made for the following reasons

  • Non-compliant goods;
  • Deteriorated goods;
  • The item was purchased by mistake;
  • The buyer wishes to replace the item with another.

The exchanged goods must reach our office no later than 14 days from the communication of the desire to exchange, sent via email to info@stramondo.it.

The returned item should be sent to: Stramondo S.r.l. – Via Marsala snc -91018 Salemi (TP). The package must contain the item in its original packaging, intact and complete in every part.

It is recommended to use a shipping service that allows tracking of the package, as Stramondo S.r.l. cannot be held responsible for any loss. Stramondo S.r.l. non può essere considerata responsabile dello smarrimento dello stesso.

As specified in the “right of withdrawal” section, products that have been used or whose original packaging is damaged, or those that risk deteriorating or e xpiring rapidly, will not be exchanged.

The shipping costs for exchanges will be charged to the customer..

  • DEFECTIVE AND/OR DETERIORATED GOODS

Goods returned as defective and/or deteriorated will be verified by Stramondo S.r.l.

If the goods are found to be defective and/or deteriorated, they will be replaced and reshipped free of charge..

Otherwise, if the goods are not defective and/or deteriorated, the buyer will bear the return shipping costs.

LIMITATIONS OF LIABILITY

Stramondo S.r.l. cannot be held responsible for any loss or damage suffered by the buyer due to delays, slowdowns, or interruptions in the e-commerce service, or due to delays in the execution of the purchase order or failure to execute the same, if the delay, slowdown, interruption, or non-fulfillment is caused by an event beyond its control, which could not reasonably be foreseen or whose consequences could not be avoided or limited.

Stramondo S.r.l. assumes no responsibility for any fraudulent or illegal use of credit cards during payment for purchased products, as long as it has demonstrated that it has taken all reasonable precautions based on ordinary diligence.

CLAIMS AND WARRANTIES

The products purchased on the Site are subject to the rules, where applicable, of Legislative Decree 2.2.2002 No. 24 (G.U. No. 57, 8.3.2002) regarding sales contracts and warranties concerning consumer goods and, for matters not covered therein, to the specific provisions of the Civil Code. Therefore, all products purchased on www.boncrem.it are covered by the seller's legal two-year warranty as provided by the Consumer Code (Legislative Decree No. 206 of September 6, 2005). According to Articles 128 to 135 and subsequent amendments and additions to the Consumer Code, the warranty is reserved for the consumer as defined by Legislative Decree 206/2005 and subsequent amendments and does not apply to perishable goods. 

If the buyer finds defects of conformity, they must report the issue within 2 months from the discovery of the defect, by sending an email to info@stramondo.it. The buyer must specify, in addition to the reason for the complaint, the order number and the fiscal documentation. The legal warranty only covers the replacement of the non-compliant product, as the contract involves food products. 

The warranty does not apply if the reported defects are due to improper storage, handling, use, or transportation of the product by the consumer, or if the instructions provided by the food manufacturer on the product label are not followed. Similarly, the warranty does not apply when the defect is caused by the consumer’s fault or deliberate conduct, or is due to other factors not related to the production and transportation of the product to the consumer’s home. In the case of a conformity defect, duly reported within the established terms, the buyer will have the right to a replacement of the product within a reasonable time unless the remedy is objectively impossible or excessively costly, or alternatively, will have the right to a price reduction or contract termination. 

A minor conformity defect, for which it is not possible or is excessively costly to apply the repair or replacement remedies, does not entitle the buyer to contract termination. 

The operational times for carrying out the activities related to the activation of the warranty vary and are determined by the type of product and the nature of the defect. 

Stramondo S.r.l. cannot, under any circumstances, be held liable for any costs arising from delays in the delivery of the replaced product or from the refund of the price. 

In any case, except in exceptional circumstances, the replacement will be carried out within 60 days from the delivery of the defective product to Stramondo S.r.l. 

If not, the buyer may pursue one of the alternative remedies provided by law (contract termination or price reduction, taking into account the possible use of the good).

As required by current regulations, the maximum period for reporting transport damages to Stramondo S.r.l. is 8 days from receipt. 

Only consumers, i.e., natural persons who have purchased a product for personal use unrelated to business, commercial, or professional activities, are entitled to apply the legal warranty under the Consumer Code. Therefore, invoices bearing the VAT number of a business or professional will not grant access to the rights under the legal warranty.

MODIFICATIONS TO THE GENERAL SALES CONDITIONS

The conditions in this document may be modified according to the law without prior notice and will be valid for all from the date of publication on the website: www.boncrem.it

APPLICABLE LAW AND JURISDICTION

For everything not expressly provided for and regulated in these sales conditions, Italian law applies.

Subject to the application of mandatory legal provisions established for consumer protection, any dispute related to these general contract conditions is subject to the exclusive jurisdiction of the Court of TRAPANI.

 

Effective Date: These terms and conditions are effective from 25/10/2024.

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