Terms and conditions of sale
ONLINE SALE AGREEMENT
The goods covered by these general conditions are sold by Pastificio Artigiano Cav. Giuseppe Cocco Srl, headquartered in Fara San Martino (CH), Zona Artigianale n.15, registered with the Chieti Chamber of Commerce under No. 91203 of the Business Register, VAT and Tax Code No. 01491470694.
1) DEFINITIONS AND OBLIGATIONS OF THE PARTIES
The term “online sales contract” refers to the purchase agreement concerning the products of Pastificio Artigiano Cav. Giuseppe Cocco Srl, concluded between the company and the Buyer within a distance selling system via telematic tools, organized by Pastificio Artigiano Cav. Giuseppe Cocco Srl.
The term “Buyer” refers to the individual consumer who purchases the product covered by this contract for purposes not related to any commercial or professional activity carried out.
The term “Pastificio Artigiano Cav. Giuseppe Cocco Srl” refers to the entity identified above and the provider of information services.
The goods subject to these general terms are sold by Pastificio Artigiano Cav. Giuseppe Cocco Srl as identified above.
The Buyer expressly declares to make the purchase for purposes unrelated to their commercial or professional activity.
2) SUBJECT OF THE CONTRACT
Through this contract, Pastificio Artigiano Cav. Giuseppe Cocco Srl sells and the Buyer purchases remotely via telematic tools the products indicated and offered for sale on the website www.pastacocco.com.
The products are illustrated on the web page: pastacocco.com/la-pasta-cocco. The company commits to describing and presenting the items on the site as accurately as possible; however, minor differences may exist between the product described and the actual product (e.g., packaging).
3) CONTRACT FORMATION METHOD
The contract between Pastificio Artigiano Cav. Giuseppe Cocco Srl and the Buyer is concluded exclusively via the Internet through the Buyer’s access to www.pastacocco.com, following the indicated procedures until the purchase proposal is finalized.
4) CONTRACT COMPLETION AND EFFECTIVENESS
The sales contract is deemed concluded when Pastificio Artigiano Cav. Giuseppe Cocco Srl sends the Buyer an email confirming the order. The email includes the Buyer’s data, order number, prices of the purchased products, shipping costs, and the delivery address.
The Buyer agrees to verify the accuracy of the personal data contained and promptly notify Pastificio Artigiano Cav. Giuseppe Cocco Srl of any corrections via email to: bottegaonline@pastacocco.com.
The contract is not considered perfected and effective unless the condition in clause 4.1 is fulfilled.
5) PAYMENT AND REFUND METHODS
The Buyer can make payment using the following methods: credit card, PayPal, bank transfer in advance, or cash on delivery.
For purchases paid via PayPal, the Buyer is redirected to the PayPal login page. The order amount is charged to the PayPal account upon payment completion. Buyers without a PayPal account can pay by credit card without registration.
Pastificio Artigiano Cav. Giuseppe Cocco Srl never receives or stores PayPal or credit card data. Each PayPal transaction is followed by a confirmation email from PayPal.
For payments via bank transfer, shipment will occur after verifying the payment to the account indicated in the order confirmation.
Cash on delivery payments incur an additional fee of €5.00 (VAT included).
Any refunds will be processed using one of the methods offered by the company and chosen by the Buyer, in a timely manner and, in case of withdrawal, within 30 days from notification.
All payment communications occur via a secure encrypted line provided by PayPal or Banca Monte Dei Paschi di Siena.
6) DELIVERY TIMES AND METHODS
Pastificio Artigiano Cav. Giuseppe Cocco Srl delivers selected and ordered products via express or standard courier, as confirmed in the order email.
In addition to standard shipping, a Gift Pack Delivery Service is available for gift deliveries to different recipients.
Shipping times range from the same day to 10 business days after order confirmation. Delays will be promptly communicated by email.
Shipping times do not apply during company closure periods (holidays/summer). Such closures are posted at www.pastacocco.com/bottega. Orders during these times will be shipped after reopening.
7) PRICES AND QUANTITIES
All product prices on www.pastacocco.com are in euros and include VAT (4%) and other applicable taxes.
Shipping costs and other fees (e.g., customs) are not included in product prices but will be clearly indicated before order submission.
Standard Shipping is €8.00 (incl. VAT) for orders up to 30 Kg. Free for orders over 30 Kg.
The Gift Pack Delivery Service has the same cost and is available only for gift packs over 6 Kg.
Prices are valid until the date specified on the site.
In case of pricing errors due to system, technical, or human mistakes, orders may be canceled, and full refunds will be issued within 14 days.
Minimum pasta order weight: 6 Kg.
8) PRODUCT AVAILABILITY
Product availability reflects real-time status but is indicative due to simultaneous users.
If an order exceeds available stock, the company will notify the Buyer via email to confirm if they wish to proceed or cancel. Refunds are processed within 14 days if canceled.
9) LIMITATION OF LIABILITY
Pastificio Artigiano Cav. Giuseppe Cocco Srl is not liable for delays or issues due to force majeure.
It is not liable for issues beyond its control related to internet use.
It is not liable for fraud involving payment methods if all standard precautions were taken.
The Buyer is not liable for payment delays if they have followed proper procedures.
10) DEFECT LIABILITY AND COMPENSATION
Pastificio Artigiano Cav. Giuseppe Cocco Srl is not liable for defects due to legal compliance or if not detectable based on existing scientific/technical knowledge.
No compensation is due if the buyer knew of the defect or failed to handle the product properly.
The burden of proof lies with the buyer to show defect, damage, and causality.
11) WARRANTIES AND ASSISTANCE
The company is liable for conformity defects appearing within 2 years of delivery.
Products are presumed compliant if they:
Suit usual use of similar products
Match descriptions and samples
Meet normal expectations
The Buyer must notify defects within two months.
In case of defects, the Buyer may request, at no cost, replacement, price reduction, or contract termination.
Requests must be sent by registered letter to the company. The company must respond within 7 business days.
12) BUYER’S OBLIGATIONS
The Buyer agrees to pay as per contract terms and print and keep a copy of the contract.
The contract details are accepted as mandatory prior to purchase confirmation.
13) RIGHT OF WITHDRAWAL
The Buyer has the right to withdraw from the contract within 10 working days of receiving the goods.
If legal information obligations are not fulfilled, the period extends to 90 days.
Notice must be given via registered mail, fax, or confirmed email. Returns must occur within 30 days. Products must be intact.
Return costs are borne by the Buyer.
Full refunds will be issued within 30 days of withdrawal notice.
14) TERMINATION CLAUSE
Failure to comply with payment obligations, product delivery, or other essential conditions may result in automatic contract termination under Article 1456 of the Italian Civil Code.
15) PRIVACY AND DATA PROCESSING
The company complies with Italian privacy law (Leg. Decree 196/2003).
Buyer data is collected and processed for order management and legal obligations. Data will be treated confidentially and not disclosed to unauthorized parties.
The Buyer has rights under Article 7, including access, correction, deletion, and objection to processing.
16) CONTRACT STORAGE METHOD
Each order is stored in digital or paper form at company headquarters.
17) COMMUNICATIONS AND COMPLAINTS
Valid communications or complaints must be sent to: Pastificio Artigiano Cav. Giuseppe Cocco Srl Zona Artigianale 15 66015 Fara San Martino (CH) Fax: +39 0872 984133 Email: contatti@pastacocco.com
18) DISPUTE RESOLUTION
Disputes will be submitted to the Chieti Chamber of Commerce for resolution via their Conciliation Rules.
If taken to court, the competent court is that of the consumer’s residence.
19) APPLICABLE LAW AND REFERENCE
The contract is governed by Italian law and the 1980 Rome Convention.
Explicit reference is made to Part III, Title III, Chapter I of Leg. Decree 206/2005.
20) FINAL CLAUSE
This contract supersedes all previous agreements, written or oral, regarding its subject.
· General Provision by the Italian Data Protection Authority: “Simplifications of certain compliance obligations in public and private sectors regarding processing for administrative and accounting purposes,” dated June 19, 2008, published in the Official Gazette on July 1, 2008, No. 152.
· General Provision by the Italian Data Protection Authority: “Practical guide to simplification measures for small and medium-sized enterprises,” dated May 24, 2007, published in the Official Gazette on June 21, 2007, No. 142.