OBJECT OF THE CONTRACT:
The offer and sale of products on our website www.tabisca.it (hereinafter, also the “Site”) are governed by these General Conditions of Sale. The products purchased on www.tabisca.it are sold by Tabisca Srls (hereinafter, the “Seller”). The Seller offers for sale and the Buyer buys with a remote sales contract, through the internet, the Products selected and ordered by the Buyer from those included in the Menus currently available. The service is active for purchases to be delivered exclusively to the following cities: Lecce, Cavallino, Arnesano, Monteroni, Merine, San Cesario and Surbo. The Seller reserves the right to evaluate, at its sole discretion, the possibility of delivering the selected Products to cities other than those indicated above. The conditions applicable to each individual order will be those displayed on the Site at the time of the order.
CONCLUSION OF THE CONTRACT:
The contract is concluded, and is binding for both parties, when the seller receives confirmation of the payment of the entire purchase order, or, in case of choice of cash payment, when the seller receives the order sent by the buyer. The Seller reserves the right not to accept incomplete and / or not properly completed purchase orders.
BUYER OBLIGATIONS:
1. The buyer undertakes, once the online purchase procedure has been completed, to print and / or keep these general conditions, as well as to print the specifications of the product being purchased, and this in order to satisfy integrally the condition referred to in articles 52 and 53 of Legislative Decree 206/05.
2. The buyer is strictly forbidden to enter false and / or invented and / or fictional data in the registration procedure necessary to activate the procedure for the execution of this sales agreement and related further communications for him; the personal data and the e-mail address must only be real personal data and not those of third parties.
3. The buyer declares to be of age.
SHIPPING TIMES AND METHODS:
The Seller assumes the responsibility of delivering to the buyer, in the place indicated by him, by his own means, the products selected and ordered by the same. In case of non-shipment of the products by the Seller, the buyer has the right exclusively to the full refund of any sums paid. The Customer is requested to pay particular attention to what is reported in this section because the indications contained therein form an integral and substantial part of these General Conditions of Sale and, therefore, are considered fully known and accepted by the Customer at the time of transmission of the form order.
METHOD OF PAYMENT AND BILLING:
The order can be executed by the Customer of his choice in the manner indicated on the Site during the “Checkout” phase. Any shipping costs will be indicated separately during the “Checkout” phase and then added to the total to be paid. For each order placed on the website www.tabisca.it, the Seller issues a receipt or invoice for the material shipped. The invoice must be requested and is issued at the same time as the order is processed and normally accompanies the goods in the envelope placed on the packaging or inside the package. For the issuance of the tax document, the information provided by the buyer at the time of the order or later will prevail. No changes will be possible after the issuance of the tax document. The amounts will be shown on the invoice in Euro. The buyer undertakes to carefully check the data entered at the time of the order.
ORDERS AND PRICE LIST:
The order for each individual supply is considered accepted when the order confirmation is received, without prejudice to the seller’s unquestionable right not to accept the orders received. All prices shown in the windows, in the product sheets and during the purchase procedure are indicated in Euros and are subject to change, therefore they can be updated and subject to changes on a daily basis.
IMAGES AND PRODUCT DESCRIPTIONS:
The images of the products are purely indicative and may therefore not be perfectly representative of the characteristics of the product and do not constitute a contractual element. The ingredients and percentages indicated in the descriptions are purely indicative, they may undergo variations based on different production needs.
SHIPPING FEES:
Any shipping costs, clearly displayed, in online mode, before completing the order are charged to the Customer. For purchase orders, the buyer will pay the Seller, as a contribution to the shipping costs, any amount indicated in the “Checkout” phase.
NATURE AND AVAILABILITY OF PRODUCTS:
The products for sale are those described in the menus on the website www.tabisca.it where the product name and any description specify the main characteristics of the products. The graphics of the delivered products may not exactly coincide in shape or color with that shown on the Site. The products on sale are produced daily based on orders. In exceptional circumstances, raw materials for production may be lacking (excess demand or other causes), therefore, the Seller may be unable to deliver the complete order. The Seller will in no way be responsible for the temporary or permanent unavailability of one or more products. In the event of unavailability, even temporary, of the requested products, the seller undertakes to promptly inform the Customer by offering him an alternative product or by reducing the amount of what is unavailable, at the next order.
RESPONSIBILITY:
The Seller guarantees compliance with the quality standards relating to products (in particular foodstuffs) exclusively up to the time of delivery at the place indicated by the Customer; any liability relating to the bad condition of the products due to improper storage after delivery is excluded. The Seller assumes no responsibility for disservices attributable to force majeure of any nature and kind, in the event that it fails to execute the contract within the time agreed. Causes of force majeure, by way of example but not limited to, accidents, explosions, road accidents, fires, strikes and / or lockouts, earthquakes, floods and other similar events, as well as provisions of the Public Authority, the strike of own employees or carriers which the Seller uses, as well as any other circumstance that is beyond the control of the latter. Without prejudice to the provisions of art. 8 of EU Directive 97/7 and art. 56 of Legislative Decree 206/2005, the Seller assumes no responsibility for any fraudulent use by third parties of any credit card data provided by the buyer.
COMMUNICATION OF DEFECTS:
At the time of delivery, the Customer is required to carefully check the external appearance of the packages. Any problems concerning the physical integrity, correspondence or completeness of the products received must be immediately reported. In the event of an omitted or delayed complaint, the Purchaser will not be able for any reason to return the products received or receive any refunds. CHANGES: The Seller reserves the right to change these General Conditions at any time by publishing the updated version on the website www.tabisca.it. The new General Conditions of Sale will be effective from the date of publication on www.tabisca.it.
APPLICABLE LAW AND DISPUTE SOLUTION:
This contract is regulated by the Italian law. These general conditions are reported, although not expressly provided therein, in conjunction with Legislative Decree 50/92 and Legislative Decree 206/05.
JURISDICTION: Any and every dispute that may arise in relation to the application, interpretation of this contract stipulated online through the website www.tabisca.it is subject to Italian jurisdiction according to current legislation. For disputes arising between the Parties in relation to this contract, the judge of the place of residence or domicile of the Purchaser is competent.