Online terms and conditions of sale

General provisions

The following terms and conditions of sale are valid exclusively between the Caseificio Di Nucci A. di Franco Di Nucci company, with registered office in Area Artigianale Giovanni Paolo II, CAP 86081 – Agnone (IS), REA 25104 dated 05/24/1991, VAT 00341790947, hereinafter referred to  as “Caseificio Di Nucci” and any person or company or organization purchasing online through the www.caseificiodinucci.it website, hereinafter referred to as “CLIENT”. These terms and conditions of sale can be subject to changes and their date of publication on the website equates to the date of entry into force.

These conditions govern purchases made on the www.caseificiodinucci.it website, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree (Leg. Dec.) no. 206/2005 and amended by Leg. Dec. no. 21/2014 and by Leg. Dec. 70/2003 pertaining to e-commerce.

 

ARTICLE 1 – Subject of the contract

Through the following general terms and conditions of sale, Caseificio Di Nucci sells and CLIENTS remotely purchase the movable tangible goods indicated and offered for sale on the www.caseificiodinucci.it website. The contract is concluded exclusively via the internet, after CLIENTS access the www.caseificiodinucci.it website and carry out a purchase order according to the procedure provided by the website through the Woocommerce platform.

Prior to confirming their order, CLIENTS undertake to review these general terms and conditions of sale, in particular the pre-contractual information, provided by Caseificio Di Nucci and to accept them by ticking the flag in the indicated box.

 

ARTICLE 2 – Pre-contractual information for consumers – art. 49 of Leg. Dec. 206/2005

Prior to concluding the purchase contract, CLIENTS should take the time to examine the features of the goods that are illustrated in the individual product data sheets, when making their choice.

Prior to concluding the purchase contract, and before validating the order, via the “payment obligation”, CLIENTS are informed regarding:
– the total price of the goods including taxes, the detailed shipping costs and any other costs (i.e. packaging);
– the payment methods (including transition costs based on the chosen method);
– the deadline by which the express courier undertakes to deliver the goods;
– the sales conditions, terms and procedures for exercising the right of withdrawal (art. 6 of these sales conditions) as well as the withdrawal form as set out in Annex I, part B of Leg. Dec. 21/2014;
– the information on the cost CLIENTS must bear when returning the goods;
– the legal guarantee of conformity of the goods purchased;
– the after-sales assistance conditions  and commercial guarantees provided by Caseificio Di Nucci.

 

CLIENTS can at any time, and in any case before the conclusion of the contract, acquire information relating to the Caseificio Di Nucci, its geographical address, telephone and fax number, e-mail address and the following information:

Caseificio Di Nucci Antonio di Franco Di Nucci
Area Artigianale Giovanni Paolo II – 86081 Agnone (IS) – Italy
Tel. +39 0865 77288 ; Fax +39 0865 779881 ; e-mail: info@caseificiodinucci.it

 

ARTICLE 3 – Contract conclusion and effectiveness

When ordering, CLIENTS choose the product family, the product and relevant size, with or without the use of vacuum-sealing, in the site’s OUR CHEESES section.

When CLIENTS have completed the selection of products by filling the cart, they will proceed to the selection of the payment method, after entering the remaining data (name, surname, e-mail, residence and shipment address).

The sales contract is considered concluded at the time of payment by the CLIENT who will receive a confirmation e-mail. The e-mail contains the CLIENT’S data, the order number, the price of the goods purchased, the shipping costs and the delivery address where the goods will be sent.

The CLIENT undertakes to verify the correctness of the personal data contained therein and to promptly notify the Caseificio Di Nucci of any corrections.

The Caseificio Di Nucci undertakes to describe and present the items sold on the website in the best possible way. Nevertheless, small and slight differences may emerge between the site’s description and the actual product.

The Caseificio Di Nucci undertakes to deliver the products within the days indicated when finalizing the order and specified in the following article 12.

 

ARTICLE 4 – Product availability

Product availability refers to actual availability at the time the CLIENT places the order. However, availability must be considered as purely indicative. This is due to the fact that several users may be on the site simultaneously and as a result some products may be sold to other CLIENTS before an order is confirmed.

Due to the freshness and seasonality of some products, availability is not always guaranteed. In particular, the cheeses found in the FRESH CHEESES category, availability is applicable from SEPTEMBER TO JUNE.

Moreover, the quantities available of the Caciocavallo di Agnone, in the MATURE and RESERVE  versions, could undergo variations depending on the ageing period.

Even after receiving Caseificio Di Nucci’s e-mail confirming the order sent, there may be the possibility of partial or total unavailability of the goods. Should this be the case, the order will be automatically adjusted and the CLIENT will be immediately informed via e-mail.

If the CLIENT requests the cancellation of the order, effectively resolving the contract, Caseificio Di Nucci will reimburse the amount paid within 14 days from the day in which Caseificio Di Nucci became aware of the customer’s decision to terminate the contract.

 

ARTICLE 5 – Minimum order

There is no minimum order quantity required.

 

ARTICLE 6 – Shipping times and receipt of products

Generally speaking, Caseificio Di Nucci operates according to the following schedule regarding receipt of orders and delivery of products.

Day order received from Client	Shipment Date	Product delivery Day to the Client
Monday	Tuesday	Wednesday
Tuesday	Wednesday	Thursday
Wednesday	Thursday	Friday (Only For Areas Served In 24 hours)
Thursday	Monday	Tuesday
Friday
Saturday
Sunday

Products are delivered by the courier 24 hours following the dispatch of the order, except for the areas served in 48 hours.

Caseificio Di Nucci tracks the shipment right up to the point of arrival, thus keeping CLIENTS updated on the status of the delivery. CLIENTS can, in turn, track their shipment (and request to be notified in advance by telephone by the courier) thanks to a tracking link that will be sent directly by the courier to the e-mail address indicated at the time of the order.

However, the delivery time cannot be agreed with the express couriers, since the loading programs are at the discretion of the courier’s logistics organization.

CLIENTS can request a delivery in EXPRESS 12 mode, which corresponds to a delivery within 12 hours (for info and relevant costs contact info@caseificiodinucci.it)

 

ARTICLE 7 – Payment methods

CLIENTS can only make payments by the following methods:

• Payment by cash on delivery to the courier;
• Paypal;
• Stripe;
• Satispay.

 

PAYMENT BY CASH ON DELIVERY TO THE COURIER

The cost of payment via Cash on Delivery is + 2% on the transaction. The payment is made to the express courier who carries out the delivery.

 

PAYMENT BY PAYPAL

When paying for purchases through PayPal, CLIENTS will be directed to the PayPal login page found at the end of the order. If CLIENTS do not have PayPal access, they can make the purchase via a credit card without having to register with the PayPal services. The order amount will be debited to the PayPal account directly at the time of completion of the payment. At no time during the purchase process does Caseificio Di Nucci know the information relating to the CLIENT’s PayPal account and the credit card linked to it. CLIENTS will receive a confirmation e-mail from PayPal after each transaction carried out through the PayPal account.

The cost of payment through Paypal is + 3.4% on the transaction + € 0.35 fixed for each order.

 

PAYMENT BY STRIPE

For payments with STRIPE the CUSTOMER makes the payment by entering his credit card details. All major credit and debit cards from all over the world are accepted (Visa, Mastercard, Maestro, American Express).

The cost of the transaction with Stripe is: 1.4% fee + € 0.25 for European cards; 2.9% fee + € 0.25 for non-European cards.

 

PAYMENT BY SATISPAY

In order to register to Satispay CLIENTS must sign up on the https://www.satispay.com website or download the Satispay App. When registering, a mobile number, identity document, IBAN code of the current account and the tax code will be needed.

The cost of payment through Satispay is:

• 5% commission for transactions less than or equal to € 10.00;
• 5% + € 0.20 commission for transactions over € 10.00.

 

ARTICLE 8 – Vacuum-sealed

The “vacuum-sealed” packaging of products can be seen in the following photo.

 

ARTICLE 9 – Prices and duration of quotes

All the products’ selling prices indicated on the Caseificio Di Nucci website are expressed in Euro per piece and include VAT.

Once CLIENTS access the platform and select the desired product units, the order is processed based on the size of the products ordered and the chosen packaging method.

The spinning, shaping and packaging of our cheeses are entirely carried out manually. This craftsmanship implies that, due to the weight indicated for each reference, there will always be a small margin of variability, which is considered normal. However, it is the responsibility of the company’s packaging department to supply, as much as is possible, the exact weight of the products requested.

The order procedure is therefore completed once the CLIENT has paid; the order preparation phase and shipment of products then take place.

The shipping costs are not included in the purchase price; they are calculated and indicated at the time the order is processed, prior to order confirmation and purchase.

CLIENTS will be provided with a regular receipt issued based on the prices indicated on the website at the time of product selection and confirmation of the order amount.

CLIENTS accept Caseificio Di Nucci’s right to change its prices at any time.

Should there be a computer, manual or technical error or any other type of error that could lead to a substantial change, not foreseen by Caseificio Di Nucci, in the sale price to the public, making the price either exorbitant or clearly derisory, the purchase order will be considered invalid and cancelled and the amount paid by the CLIENT will be refunded within 14 days from the date of cancellation.

 

ARTICLE 10 – Right of withdrawal

In accordance with the legal provisions in force, CLIENTS have the right to withdraw from the purchase without any penalty and without specifying the reason, within the period of 14 days from the date of receipt of the products.

In the case of multiple purchases made by the CLIENT with a single order and delivered separately, the term of 14 days begins as of the date of receipt of the last product.

The CLIENT who intends to exercise the right of withdrawal must notify the Caseificio Di Nucci via an explicit declaration, which can be sent by e-mail to the following address: info@caseificiodinucci.it

CLIENTS may exercise their right of withdrawal by sending any explicit declaration containing the decision and the reason for withdrawing from the contract or, alternatively, submitting the standard withdrawal form, as per Annex I, part B, Leg. Dec. 21/2014 (not obligatory) whose text is reported below:

 

Standard withdrawal form pursuant to art. 49, paragraph 1, lett. h)
(complete and return this form only if you wish to withdraw from the contract)

Spett.le Caseificio Di Nucci Antonio di Franco Di Nucci
Area Artigianale Giovanni Paolo II – 86081 Agnone (IS) – Italy
Telefono +39 0865 77288 ; Fax +39 0865 779881 ; mail: info@caseificiodinucci.it

 

Via this form I/we (*) notify (*) the withdrawal from my/our (*) sales contract regarding the following goods/services (*)

– Ordered on (*) / received on (*)
– Name of the client (s)
– Address of the client (s)
– Signature of the client (s) (only if this form is sent in paper form)
– Date
– Photographic documentation
(*) Delete the unused wording.

When exercising their right of withdrawal, CLIENTS are required to return the goods within 14 days from the day in which Caseificio Di Nucci was notified of the withdrawal from the contract, pursuant to art. 57 of Leg. Dec. 206/2005.

 

The goods must be returned to:

Caseificio Di Nucci Antonio di Franco Di Nucci
Area Artigianale Giovanni Paolo II – 86081 Agnone (IS) – Italy
Tel. +39 0865 77288 ; Fax +39 0865 779881 ; e-mail: info@caseificiodinucci.it

The direct costs of returning the products are charged to the CLIENT.

The goods must be returned intact, in their original container, complete in all its parts (including packaging) and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, Caseificio Di Nucci will refund the amount relating to the products subject of the withdrawal within a maximum period of 14 days, inclusive of any shipping costs.

Pursuant to art. 56 paragraph 3 of Leg. Dec. 206/2005, as amended by Leg. Dec. 21/2014, Caseificio Di Nucci may suspend the reimbursement until receipt of the goods or until the CLIENT demonstrates having sent the goods back to Caseificio Di Nucci.

Caseificio Di Nucci will carry out the reimbursement, after verifying the integrity of its products, by using the same means of payment chosen by the CLIENT during the purchase phase.

The right of withdrawal will not be valid should there be partial or total consumption of the product, lack of packaging, absence of elements integrating the product or in case of damage upon receipt by the Caseificio Di Nucci.

 

ARTICLE 11 – Legal guarantee of conformity  

In case of receipt of defective products or products that do not comply with the orders, the CLIENT has the right to have the products replaced, free of any charges. The Caseificio Di Nucci, in case of a defective or non-compliant product, will arrange, at its own expense, to organize the collection of the product, based on the CLIENT’s availability.

 

ARTICLE 12 – Delivery methods

The Caseificio Di Nucci accepts orders for delivery in the Italian territory, the Republic of San Marino, the Italian Islands and, abroad in France, Belgium and Germany.

The products will be delivered by express courier to the address indicated by the CLIENT at the time of the order no later than the days indicated by the e-mail received from the Courier which will enable to track of the order.

The following is the cost table for delivery by courier:

	WEIGHT THRESHOLD (UP TO)
COUNTRY DEST.	3 KG	10 KG	20 KG	50 KG
ITALY	7,70 €	9,50 €	11,90 €	19,00 €
ITALIAN ISLANDS + VENICE	26,20 €	28,00 €	30,40 €	37,50 €
COUNTRY DEST.	5 KG €	10 KG	30 KG	NO*
FRANCE	27,50 €	30,50 €	41,50 €	NO*
BELGIUM	18,50 €	21,00 €	23,50 €	NO*
GERMANY	17,00 €	19,50 €	23,00 €	NO*

The Caseificio Di Nucci issues a goods shipped receipt for every order placed on the www.caseificiodinucci.it website. The receipt will be sent together with the goods. It will not be possible to make any changes to the data indicated therein once the receipt has been issued.* for this quantity please send us an email to info@caseificiodinucci.it to get a quotation.

The minimum amount for free shipping is € 129,00.

ARTICLE 13 – Responsibilities

The Caseificio Di Nucci accepts no responsibility for disruptions caused by force majeure or unforeseeable circumstances, even if dependent on malfunctions and disruptions of the internet and the management of deliveries by couriers, should there be a problem in carrying out the order within the time stipulated in the contract.

 

ARTICLE 14 – Website access

The CLIENT has the right to access the site for consultation and for making purchases. No other use, in particular commercial, of the site or its content is permitted. The integrity of the elements of this site, whether sound or visual, and the relative technology used remain the property of Caseificio Di Nucci and are protected by intellectual property rights.

 

ARTICLE 15 – Cookies

The www.caseificiodinucci.it website uses “cookies”. Cookies are electronic files that record information regarding the CLIENT’s navigation on the site (pages consulted, date and time of consultation, etc.) and enable Caseificio Di Nucci to offer a personalized service to its customers.

Caseificio Di Nucci informs its CLIENTS that they can deactivate the creation of such files by accessing their Internet configuration menu.

 

ARTICLE 16 –Integrity   

These General Terms and Conditions of Sale consist of the entirety of clauses that compose them. If one or more provisions regarding these General Terms and Conditions of Sale are considered invalid or declared as such pursuant to the law, regulations or following a decision by a court having jurisdiction, the other provisions will remain in full force and effect.

 

ARTICLE 17 – Applicable law and competent jurisdiction

These General Terms and Conditions of Sale are subject to Italian law.

Any dispute that does not reach an amicable solution will be subject to the exclusive jurisdiction of the Court of the CLIENT’s place of residence or domicile, if located in the territory of the State.

It is possible, in any case, to optionally resort to mediation procedures pursuant to Leg. Dec. 28/2010 regarding the resolution of any disputes arising from the interpretation and execution of these conditions of sale.