LEGAL AREA
The sale of products on our website (5pasti.it) is governed by these General Conditions of Sale. The products purchased on www.5pasti.it are sold directly by BORGO ITALIA SRLS (“Seller”) with registered office in Italy, Via Traversa Allocca, 80049 Somma Vesuviana (Na). You can request any information through our assistance services by contacting Customer Service via email info@5pasti.it
General conditions of sale
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Our trade policy
1.1 The Seller carries out its e-commerce activity exclusively towards its end users who have reached the age of majority and who are “consumers”.
1.2 In consideration of its commercial policy, the Seller reserves the right not to accept purchase order proposals from persons other than the "consumer" or in any case purchase order proposals that do not comply with its commercial policy, such as, for example, order proposals for which there is a report, or suspicion, of fraudulent or illegal activity. In such cases, the Seller will inform the user of the non-acceptance of the order proposal. All order proposals sent to the Seller and returns made by users must also correspond to normal consumption needs. The Seller therefore monitors the number of order proposals sent and returns made.
1.3 These General Conditions of Sale exclusively regulate the sending of purchase order proposals for products available on 5pasti.it by the user and the acceptance of the same.
by the Seller. -
Information aimed at concluding the contract with the Seller pursuant to Legislative Decree 9 April 2003, n. 70
2.1 To conclude the purchase contract for one or more products on www.5pasti.it, you must send an electronic purchase order proposal to the Seller by filling in the form available on www.5pasti.it and following the relevant instructions.
2.2 Before sending the order proposal, we remind you to carefully read the General Conditions of Sale and print a copy.
through the print command and to save or reproduce a copy for your personal use. In accordance with Article 51, paragraph 7, of Legislative Decree 6 September 2005, n. 206 (the “Consumer Code”), before transmitting the order proposal, we will provide you with a summary of the commercial and contractual conditions that will apply to your order proposal for the purchase of the products and a summary of the information on the essential characteristics of each product ordered with the relative price (including all applicable taxes or duties), the means of payment that you can use to purchase each product, the delivery methods of the products purchased, the shipping and delivery costs; as well as the references, geographical address and contact methods of the Seller and the date by which the Seller, once your order proposal has been accepted, undertakes to deliver the goods. The Seller will also provide you with a summary of the conditions and methods for exercising your right of withdrawal.2.3 On the order proposal confirmation page, which contains a link to the General Conditions of Sale and the Information on the Right of Withdrawal, we will provide you with summary information about the essential characteristics of each product indicated in your order proposal, the price (including all applicable taxes or duties) and the shipping costs (including any additional costs incurred by you for having chosen a type of shipping and delivery different and/or faster than the standard one).
2.4 The transmission of the order proposal to the Seller constitutes a binding purchase proposal for the user. Before proceeding with the transmission of the order proposal, you will therefore be asked to identify and correct any errors in data entry.
2.5 Once you have submitted your order proposal, you will receive an automatic email from the Seller to confirm receipt of your order proposal. Receipt of the aforementioned email does not constitute acceptance of your order proposal.
2.6 The order proposal sent to the Seller will be archived in our database for the period of time necessary to process the order proposals accepted by the Seller and in any case within the terms of the law.
2.7 The language available for concluding the contract with the Seller is Italian.
2.8 The Seller may not accept your purchase order proposals that do not provide sufficient guarantees of solvency or that are incomplete or incorrect or in the event of unavailability of the products. In these cases, we will inform you by email that the contract has not been concluded and that the Seller has not accepted your purchase order proposal, specifying the reasons. If the products presented on www.5pasti.it are no longer available or on sale at the time of receipt or processing of your purchase order proposal, the Seller will inform you promptly and in any case within thirty (30) days from the day following the day on which you sent your order proposal to the Seller, of the possible unavailability of the products. If you have already paid the price for the products, the Seller will refund, without undue delay, the amount already paid by you and the sales contract will be considered terminated.
2.9 We remind you that, by electronically transmitting the order proposal, you unconditionally accept and undertake to observe, in your relations with the Seller, these General Conditions of Sale. If you do not agree with some of the terms set out in the General Conditions of Sale, we invite you not to forward your order proposal for the purchase of products on www.5pasti.it
2.10 By submitting the order proposal, you confirm that you also know and accept the additional information contained in www.5pasti.it, also referred to via links, including the General Conditions of Use and the Privacy Policy and the Information on the Right of Withdrawal.
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Guarantees and indication of product prices
3.1 The essential characteristics of the products are presented on www.5pasti.it within each product sheet. The images and colours of the products presented on www.5pasti.it may however not correspond to the real ones due to the Internet browser and monitor used.
3.2 Product prices may be subject to updates. Make sure of the final sale price before submitting the relevant order proposal. In the event that a recognizable error is found in the indication – by BORGO ITALIA SRLS – of the price of a product or in the calculation of the amount requested for payment, BORGO ITALIA SRLS will not accept the order proposal and will contact the user in order to offer the opportunity to submit the purchase order proposal for the product(s) at the correct price.
3.3 Purchase requests from countries not included among those displayed on the splash page cannot be accepted by the
Salesperson. -
Payments
4.1 To pay the price of the products and the related shipping and delivery costs you can follow one of the methods indicated in the
order proposal form. In no case will you be charged costs greater than those actually incurred by the Seller, in relation to the
payment instrument of your choice.4.2 In case of payment by credit card, the financial information (for example, the credit/debit card number or
the expiry date) will be forwarded, via encrypted protocol, to Banca DI Credito Popolare or other banks, which provide the
related remote electronic payment services, without third parties being able to access them in any way. Furthermore, such information will never be
used by the Seller except to complete the procedures relating to your purchase and to issue the relevant refunds in the event of any returns
of the products, following the exercise of your right of withdrawal, or if it is necessary to prevent or report to the police the commission of fraud on www.5pasti.it. The price for the purchase of the products and the shipping costs, as indicated in the order proposal, will be charged to your current account at the time of shipment of the purchased products. -
Voucher Discount Coupons
5.1 Vouchers are personalized codes that allow you to take advantage of a discount on purchases made on www.5pasti.it
5.2 The DISCOUNT VOUCHER box is displayed on the first page of the purchase process: once you have added the items to the Shopping Bag, enter your code in the DISCOUNT VOUCHER box
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Shipping and delivery of products
6.1 To find out the specific shipping methods and
delivery of products, access the delivery and shipping methods section.
Please pay attention to what is reported in this section because
the indications contained therein form an integral and substantial part of the
these General Conditions of Sale and, therefore, are considered by you
fully known and accepted at the time of transmission of the
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Refund methods times
7.1 Whatever the payment method used by you, the refund due, whether full or partial, is activated by the Seller, as quickly as possible and in any case within fourteen (14) days from the date on which the Seller became aware of the exercise of your right of withdrawal, after verifying the correct execution of your right of withdrawal and checking the returned products.
7.2 The Seller will refund you using the same payment method you used to purchase the returned products, unless
you have expressly agreed with the Seller to use a different means of payment and provided that you do not have to bear any additional costs as a consequence of the refund. If there is no correspondence between the recipient of the products indicated in the order proposal and the person who made the payment of the sums due for their purchase, the refund of the sums, in the event of exercising the right of withdrawal, will be carried out by the Seller, in any case, towards the person who made the payment.7.3 We remind you that the value date of the refund is the same as the debit; consequently, you will not suffer any loss in terms of
bank interest. -
Applicable law and dispute resolution
8.1 Without prejudice to the application of the mandatory European consumer protection regulations, the General Conditions of Sale
are regulated by Italian law and in particular by the Consumer Code and by Legislative Decree 9 April 2003, n. 70 (“Implementation of Directive 2000/31/EC on certain legal aspects of information society services in the internal market, with particular reference to electronic commerce”).
electronic").8.2 In the event of disputes between the Seller and each end user, arising from the General Conditions of Sale, the Seller guarantees, from now on, full adhesion and acceptance of the RisolviOnline conciliation service. RisolviOnline is an independent and institutional service,
provided by the Arbitration Chamber of the Chamber of Commerce of Milan, which allows you to reach a satisfactory agreement, with the help of a
neutral and competent conciliator, on the Internet. For more information on the RisolviOnline regulation or to send a conciliation request
log in to RisolviOnline.com.8.3 We also inform you that the European Commission provides a platform for the alternative extra-judicial resolution of disputes,
accessible on the website http://ec.europa.eu/odr.8.4 For all disputes relating to purchases and/or these General Conditions of Sale, the Court of the place of domicile or residence of the consumer shall have jurisdiction in accordance with the applicable law or, at the consumer's choice, the Court of Naples.
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Edit and update
The General Conditions of Sale are modified from time to time by the Seller also in consideration of any regulatory changes. The new General Conditions of Sale will be effective from the date of publication on www.5pasti.it.