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Terms and Conditions of Use

La Butèga Mudnèsa di Philippe Guerpillon makes typical Italian products available for sale through the LaboutiquedeMonica.com site (hereinafter the “site”) in compliance with the Italian legislation referred to in Italian Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, “Consumer Code”).

The product vendor and owner of the Site is: La Butèga Mudnesa di Philippe Guerpillon (hereinafter “LA BUTEGA”) with registered office in via E. Feliciani 20, 41125 Modena (MO), Italy, Italian Tax ID Code/VAT no. 03743470365 and Economic and Administrative Index no.: MO - 413944E-mail address: info@laboutiquedemonica.com.

The contracts concluded with LA BUTEGA through the Site are governed by these Conditions of Use and Sale in accordance with Italian legislation. The language available for concluding the contract is Italian.

The consumer who accesses the Site to make purchases (hereinafter “Customer”) is obliged, before submitting the order, to read these Conditions of Use and Sale carefully, which have been made available to them on the Site and which can also be consulted by the Customer at any time through the link displayed before every order confirmation.  

 

Choosing and ordering the Products

To purchase the products the Customer must complete and submit the order form following the instructions contained in the Site. The Customer must add the Product to the “Trolley” and, after examining the Conditions of Sale and the Privacy Policy, must enter the shipping and invoicing details, select the desired method of payment and confirm the order.

By confirming the order, which has the status of a contractual offer, the Customer recognises and states that they have examined all the indications provided to them during the purchasing procedure and that they accept these recorded conditions of sale and payment in their entirety.

For Italian residents, the Italian tax ID code is mandatory. In the event that the Italian tax ID code provided by the customer is incorrect or absent, the order will be null and void. The contract stipulated between LA BUTEGA and the Customer shall be understood as concluded with the acceptance of the order on the part of LA BUTEGA. This acceptance is communicated to the Customer through an e-mail in Confirmation of the order itself.

If the Customer is a consumer (that is, a natural person who purchases the goods for purposes unrelated to their professional activity), once the online purchasing procedure has concluded, they shall print or save an electronic copy and in any case retain these general conditions of sale, in accordance with Italian regulations in the area of distance contracts.

The Customer is not entitled to any damages or compensation, nor is there any contractual or non-contractual liability for direct or indirect damage to persons and/or property, resulting from failure to accept or process, even in part, an order.

Alcohol is sold only in Italy

Information on the Products

The information on product specifications is available on the site in the corresponding product data sections.

The visual representation of the products on the Site, where available, normally corresponds to the photographic image accompanying the descriptive data section. It is understood that the image of the products themselves is purely intended to present them for sale and may not be perfectly representative of its characteristics but differ in colour and dimensions. In the event of a difference between the image and written product data section, the description of the product data section shall always apply.

Prices

The minimum order that can be made on the Site is €49.90. The product prices include all taxes and duties within the countries of the European Union. All prices are expressed in euros. The prices indicated on the site are the prices of sale to the public and if the full price is crossed out, the sale price indicated is the price resulting from discount operations performed in a promotion.

Methods of payment

PayPal

Once the order is confirmed, the Customer will be redirected to the PayPal site where they can make the payment with their PayPal account or with a credit card in a completely secure fashion.

Bank transfer

Upon specific request, a procedure of payment via transfer may be initiated. In this case the order will be confirmed upon reception of the money in the current account of LA BUTEGA.

Confirmation of receipt of order

Since these are artisanal products, once the order is received, LA BUTEGA will verify the availability of the stock from its suppliers in order to process the order. Should the product no longer be available, LA BUTEGA shall send timely communication to the Customer. The Customer may decide whether to confirm the shipment or cancel it.

The Customer receives, the moment that the contract is executed, an e-mail that confirms reception of the purchase order submitted. The communication contains the order number, summary of the shipping and invoicing details, list of products ordered with their essential characteristics, of their price and the amount paid.

Transport and delivery

The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchasing procedure.

LA BUTEGA issues an invoice for the goods shipped for every order made on the Site, and sends a paper copy to the Customer or a digital copy if printing is impossible. For the issue of the invoice, the information provided by the Customer during the purchasing procedure shall apply. It will not be possible to make any amendment to the invoice after it is issued.

Any delivery costs are borne by the Customer and are highlighted separately during the purchasing procedure.

To ensure the freshness of perishable products such as cheese, the orders will be shipped at the start of the week following the order via courier (hereinafter, “Courier”) excluding weekends and national public holidays. LA BUTEGA shall not be liable for unforeseeable delays.

LA BUTEGA shall send the Customer a confirmation e-mail once the Products are shipped which will include a link to refer to for tracing the shipment.

In any case, except those of force majeure or unforeseeable circumstances, the Products ordered will be delivered, in Italy or Abroad, within a term of 10 (ten) working days starting from the day following that on which the Customer transmitted the order to LA BUTEGA, unless LA BUTEGA communicates – within the same term – the impossibility of delivering the goods ordered following unexpected unavailability, even temporary, of the Products. In the event of such communication, the Customer shall have the possibility of choosing one or more alternative products. In the event that the Customer decides to not choose alternative Products or cancel the order, LA BUTEGA shall reimburse any amounts already paid by the Customer within the same time frame.

From April to October 15th, fresh products such as cheeses will be delivered in isothermal containers to garantee products freshness. An extra cost of 5 eur will be charged for delivery.

Right of withdrawal

Right of withdrawal with fresh products

As provided for by the Consumer Code Italian Legislative Decree 206/05 (ex right of withdrawal) and by Italian Legislative Decree 21/2014, products at risk of perishability are excluded from the right of withdrawal.

The customer is entitled to withdraw from the purchase of fresh goods at risk of perishability only in the event that when the packaging is opened the product is altered or does not present the characteristics specified at the time of purchase.

The right of withdrawal for products at risk of perishability may be exercised by sending, within 24h of receiving the goods, written communication through our e-mail service to the address info@labutegamudnesa.com. The communication must indicate: the number, date of order, name of customer and description of the products that the customer intends to return. Also, in order to permit any credit for the value of the goods returned, the bank details for their own current account (IBAN and SWIFT code) must be indicated.

LA BUTEGA shall arrange the collection of the goods as soon as it receives the communication from the customer and in any case not beyond 24 hours in order not to cause the goods to perish further.

LA BUTEGA reserves the right to assess the effective perishing of the fresh product at the time of its return. Should the alteration of the product not be detected, this will be communicated to the customer and the refund of the price paid will not be made. The right of withdrawal is in any case subject to the following conditions:

The right applies to the purchased product in its entirety; it is not possible to exercise withdrawal only on a part of the product purchased; the shipping costs relating to the return of the goods are borne by the customer.

 

Right of Withdrawal with other products

1. As provided for by the Consumer Code Italian Legislative Decree 206/05 (ex right of withdrawal) and by Italian Legislative Decree 21/2014, the customer is entitled to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty.

2. To exercise such right, the customer must send LA BUTEGA a communication to this effect, within 14 working days of the date that the goods are received. This communication must be sent by registered letter with return receipt, addressed to: La Butèga Mudnèsa di Philippe Guerpillon – Via E. Feliciani 20 – 41125 Modena (MO), Italy - or by e-mail, again sent within the aforesaid term of 14 days and followed by confirmation via registered letter with return receipt. Once the aforesaid communication of withdrawal has been received, Customer Service will communicate the instructions on the method for returning the goods which must reach LA BUTEGA within 10 days of authorisation.

3. The right of withdrawal is in any case subject to the following conditions: - The right applies to the purchased product in its entirety; it is not possible to exercise withdrawal only on a part of the product purchased; - In accordance with the law, the shipping costs relating to the return of the goods are borne by the customer; - Up until the declaration of receipt in our warehouse, the customer is completely responsible for the shipping; - In the event that the goods are damaged during transport, LA BUTEGA shall provide the customer with communication of the incident (within 5 working days of the receipt of the goods in their premises), to enable them to report the courier that they have chosen and obtain reimbursement for the value of the goods (if insured). In this eventuality, the product will be made available to the customer for its return, simultaneously cancelling the request for withdrawal; - LA BUTEGA shall accept no liability for damage or theft/loss of goods returned with uninsured shipments;

4. LA BUTEGA shall reimburse the customer for the entire amount already paid, retaining the value of the “shipping costs” for returning the goods, within 30 days of the return of the goods, through Bank Transfer. The customer shall provide the bank details for receiving the reimbursement (IBAN and SWIFT Code of the subject named on the invoice).

5. The right of withdrawal is completely invalidated, through absence of the essential condition of the integrity of the goods (packaging and/or its contents), in cases in which LA BUTEGA ascertains:

- the absence of the external packaging and/or casing containing the product purchased

- such damage of the external packaging as to prevent the sale of the product

- the opening of sealed packs

- damage of the product through causes other than its transport. In the event that the right of withdrawal is invalidated, LA BUTEGA shall return the goods purchased to the sender, charging the shipping costs to the same.

Complaints 

Any complaint must be forwarded to LA BUTEGA by sending an e-mail to the address info@labutegamudnesa.com, or by registered letter with return receipt to the following address:

La Butèga Mudnèsa di Philippe Guerpillon

Via E. Feliciani 20, 41125 Modena (MO)

41125 MODENA (MO)

Applicable law and competent court

The contract of sale between the Customer and LA BUTEGA is to be understood as concluded in Italian and governed by Italian Law. For the settlement of civil and criminal disputes resulting from the conclusion of this distance contract of sale, if the Customer is a consumer, the territorial competence is that of the court of Modena. 

LA BUTEGA also informs the user who qualifies as a consumer in accordance with art. 3, paragraph 1 (a) of the Consumer Code that a European platform has been established for online consumer dispute resolution (the ODR platform). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user can consult the list of ADR bodies, find the link to the site of each one of them and initiate an online resolution procedure for the dispute in which they are involved.

The user who resides in a member state of the European Union other than Italy may also access, for every dispute concerning the application, execution and interpretation of these General Conditions of Sale, the European procedure established for small claims, through Regulation (EC) no. 861/2007 of the Council of 11 July 2007, on condition that the value of the dispute does not exceed, excluding interest, expenses and disbursements, 2,000.00 euros. The text of the regulation is available on the site www.eur-lex.europa.eu.

 

Errors

The information concerning the Products supplied through the Site is updated constantly; it is not however possible to guarantee the complete absence of errors.

LA BUTEGA reserves the right to correct errors, inaccuracies and omissions even after an order has been sent, or amend or update the information at any time without prior notification.

Except in the event of wilful misconduct or gross negligence, the Customer is not entitled to any damages or payment of compensation, nor is there any contractual or non-contractual liability for direct or indirect damage to persons and/or property, resulting from failure to accept or process, even in part, an order.

LA BUTEGA promotes the responsible consumption of alcohol and shall accept no liability, except in the event of wilful misconduct or gross negligence, in the case of purchases made by persons under the age of 16. 

Last update: 10 december 2017