Terms of service

Sales Conditions Terms and Conditions of Sale of the online sales service.

Introduction: effectiveness of the terms and conditions of sale These terms and conditions of sale (hereinafter, "terms and conditions") have as their object the discipline of the purchase of products made remotely and made available, via the internet, from the website www.labottegadeltartufo.es (hereinafter, the Site) in compliance with the spanish legislation on distance contracts (DL 70/2003). This site is owned by Oro Nero Oro Bianco SLU , and is dedicated to the retail sale of food. The seller is: Oro Nero Oro Bianco SLU Registered office: Calle de Don Ramón de la Cruz 383B - Madrid, Tax Code / VAT number: CIF B 72760846- Oro Nero Oro Bianco SLU observes the legislation on contracts concluded at a distance pursuant to art. 50 and following of DL 206/2005 and DL 70/2003 and subsequent amendments and additions.

The contracts concluded remotely with Oro Nero Oro Bianco SLU through the site are governed by these terms and conditions in compliance with spanish law. The language available to conclude the contract is Spanish. Before sending the order, the Customer is required to carefully read the terms and conditions that have been made available on the Site to allow him to reproduce and store them. The site is in Spanish and English.

Art.1 - Premises

The premises are an integral part of these TERMS AND CONDITIONS OF SALE OF THE ONLINE SALES SERVICE

Art. 2 - Definitions 1. The term "online sales contract" means the purchase and sale contract relating to the tangible movable property of Oro Nero Oro Bianco SLU, entered into between the latter and the Buyer as part of a distance selling system using telematic tools. . 2. The term "Purchaser" means the natural or legal person making the purchase, referred to in this contract.

Art. 3 - Object of the contract 1. Oro Nero Oro Bianco SLU sells and the Purchaser purchases the food products selected and ordered by the Purchaser from those included in the electronic catalog on the website www.labottegadeltartufo.es and currently available through a distance selling contract, through the internet.

Art. 4 - Method of stipulation of the contract 1. The contract between Oro Nero Oro Bianco SLU and the Purchaser is concluded exclusively through the Internet by accessing the Purchaser at www.labottegadeltartufo.es, where, following the procedures indicated, the Purchaser will formalize the proposal for the purchase of the goods referred to in point 1 of the previous article. 2. The contract is concluded, and is binding for both parties, after the exact compilation of the request form and the consent to purchase and subsequent confirmation, of the successful registration of the purchase order made by the Buyer by order summary message, sent to the email address indicated by the Buyer himself and / or with a web screen. 3. The contract is not considered concluded and effective between the parties in default of what indicated in the previous point. 4. In the event of any unforeseen depletion of stocks due to unpredictable factors or other causes, Oro Nero Oro Bianco SLU undertakes to promptly communicate to the Purchaser via e-mail the unavailability of the product and to refund or otherwise not charge the purchaser the price. correspondent, or to inform the Purchaser what the waiting times are to obtain the chosen asset, asking if he intends to confirm the order or not. 5. Oro Nero Oro Bianco SLU reserves the right not to accept incomplete and / or not duly completed purchase orders by communicating via email to the email address indicated by the Buyer himself and / or with a web screen.

Art.5 - Obligations of the Buyer 1. The Buyer undertakes to read and accept these terms and conditions. 2. Once the online purchase procedure is concluded, the Purchaser undertakes to print and / or keep these terms and conditions, which, moreover, he will have already viewed and accepted as an obligatory step in the purchase. This is in order to fully satisfy the condition set out in articles 52 and 53 of DL 206/05 and subsequent amendments and additions. 3. The Purchaser is strictly prohibited from entering false and / or invented data in the registration procedure necessary to activate the process for the execution of this sales agreement and the related further communications. The personal data and e-mail must also correspond exclusively to their personal data and not to those of third parties. 4. The Buyer declares to be of age.

Art.6 - Delivery times and methods 1. Oro Nero Oro Bianco SLU assumes the responsibility of delivering to the Purchaser, in the place indicated by him and by courier, the products selected and ordered by the same. Deliveries are possible worldwide. 2. Deliveries are made promptly, indicatively within the term of 3/5 working days, starting from the date of transmission of the confirmation of the purchase order by Oro Nero Oro Bianco SLU. No deliveries are made on Saturdays and public holidays.

Art.7 - Transport damage 1. In the event that the Purchaser finds any external damage to the packaging or the mismatch in the number of packages, he must immediately place a written control reservation on the proof of delivery of the Courier or refuse to accept the damaged package by writing in pen on reason on the waybill that the Courier requests to sign upon receipt of the delivery. The Purchaser who has accepted the package subject to inspection and has subsequently found damage to the product must report the damage within 8 days of delivery, by sending a registered letter with return receipt to Oro Nero Oro Bianco SLU, Calle de Don Ramón de la Cruz 383B - Madrid - ESPAÑA. In addition to the reason for the complaint, the Purchaser must also specify the purchase order number and the tax documentation. 2. In the event that the Buyer finds damage to the product due to transport not visible from the outside or the mismatch in the number of products received, he must report the damage, in the first case within 8 days of discovery and in the second within 8 days from delivery, by sending a registered letter with return receipt to Oro Nero Oro Bianco SLU, Calle de Don Ramón de la Cruz 383B - Madrid - ESPAÑA. In addition to the reason for the complaint, the Purchaser must also specify the purchase order number and the tax documentation. 3. If the Purchaser does not act in the manner and within the terms indicated in the previous points 1 and 2 of this article, he will lose the rights to replace or refund. 4. Following the complaint filed by the Buyer, Oro Nero Oro Bianco SLU will replace the damaged product. In the event that, for any reason, Oro Nero Oro Bianco SLU is unable to replace the product, it may proceed with the refund of the entire amount paid or with its replacement with a product of equal or greater value in agreement with the buyer.

Art. 8 - Reporting defects and legal guarantee 1. Oro Nero Oro Bianco SLU has the obligation to deliver goods conforming to the sales contract to the buyer and is liable to the buyer for any lack of conformity existing at the time of delivery of the goods. 2. The products are covered by the two-year legal guarantee for lack of conformity pursuant to art. 128.129, 130, 131, 132, 134, 135 of DL 206/2005 and subsequent amendments and additions. 3. The guarantee is reserved for the consumer as defined by the DL 206/2005 and subsequent amendments and additions. 4. The buyer forfeits the warranty if he does not report the lack of conformity to the seller within 2 months from the date on which he discovered the defect. 5. The legal guarantee only covers the replacement of goods that do not comply with the sales contract, as the object of the contract are food products. The warranty does not work if the reported defects derive from the incorrect storage, handling or use or transport of the product by the consumer or in the event of non-compliance with the instructions provided by the food manufacturer on the product label. Likewise, the warranty does not work every time the defect is attributable to the culpable or malicious conduct of the consumer or depends on other causes not related to the production and transport of the product to the consumer's home. 6. In the event that the Buyer finds conformity defects, he must report the damage within 2 months from the date of discovery of the defect by sending a registered letter to / from Oro Nero Oro Bianco SLU Calle de Don Ramón de la Cruz 383B - Madrid - ESPAÑA. In addition to the reason for the complaint, the Purchaser must also specify the purchase order number and the tax documentation. 7. In the event of a lack of conformity, duly reported within the deadline, the purchaser will be entitled to the replacement of the product within a reasonable period of time unless the remedy itself is objectively impossible or excessively expensive or in a secondary way will be entitled to the reduction the price or termination of the contract. A minor lack of conformity for which it was not possible or is excessively burdensome to carry out the remedies of repair or replacement, does not entitle the termination of the contract. 8. Oro Nero Oro Bianco SLU reserves the right to verify the existence of the lack of conformity. 9. Oro Nero Oro Bianco SLU reserves the right to communicate to the buyer if he will collect the defective product at the buyer's home. 10. The operating times for carrying out the activities relating to the activation of the guarantee are variable and are determined by the type of product and the nature of the defect. 11. Oro Nero Oro Bianco SLU can never, in any case, be burdened with charges deriving from any delays in the delivery of the replaced product or from the refund of the price. In any case, except in exceptional cases, the replacement will be made within 60 days of delivery of the defective product to Oro Nero Oro Bianco SLU. Otherwise, the Purchaser will be able to experience one of the alternative remedies required by law (termination of the contract or reduction of the price paid held account of any use of the asset).

Art.9 - Right of withdrawal 1. Pursuant to the law, the Purchaser may exercise the right of withdrawal from the contract without specifying the reason and without paying penalties within the term of 14 days from the day on which the Purchaser or a third party, other than the carrier and designated by the Purchaser, acquires physical possession of the last asset if the information obligations pursuant to art. 52 of DL 206/2005 and subsequent amendments. 2. In the event that the seller has not fulfilled the information obligations pursuant to articles 52, paragraph 2, lett. f) and g) and 53 of DL 206/2005 and subsequent amendments and additions, the deadline for exercising the right of withdrawal ends 12 months after the end of the initial withdrawal period. This last term also applies in the event that Oro Nero Oro Bianco SLU provides incomplete or incorrect information that does not allow the correct exercise of the right of withdrawal. 3. The right of withdrawal must be exercised by the Buyer by sending a written communication by registered letter with acknowledgment of receipt, or by means of a specific form to download at this link, or through any other declaration, provided that it is explicit, to be sent to the Oro Nero Oro Bianco SLU, Calle de Don Ramón de la Cruz 383B - Madrid.it. If you choose the latter method, a confirmation of receipt of said withdrawal will be immediately sent by email 4. The communication must include the name, address, the purchase order number, the will to withdraw from the purchase and the product or products for which you intend to exercise the right of withdrawal; the Purchaser must also attach a copy of an identity document, a copy of the purchase tax documentation, indicate both a telephone number on which it can be contacted, and the bank details of the current account on which it wishes to receive a refund of the amount paid. 5. To comply with the withdrawal deadline, simply send the communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period. 6. Once the withdrawal notice has been received, Oro Nero Oro Bianco SLU will communicate to the Purchaser the address to which to ship the products to be returned and the authorization to return the products. 7. The Purchaser must send the carefully packaged product in its original packaging, complete with everything originally contained, to the communicated address. The shipment by the Buyer must take place by courier or delivery to the Seller or to a third party authorized by the latter within 14 days from the communication of withdrawal from the contract to Oro Nero Oro Bianco SLU Upon receipt of the products or until the buyer has shown that he has returned the goods, if this situation occurs first, Oro Nero Oro Bianco SLU will refund the amount paid to the Buyer. For the purposes of the expiry of the term, the goods are considered returned when they are delivered to the accepting post office or to the shipper. 8. In the event of exercising the right of withdrawal in the fourteen days pursuant to art. 64 paragraph 1 of DL 206/2005 and subsequent amendments and additions, the costs incurred by the Purchaser for returning the products to Oro Nero Oro Bianco SLU are borne by the Purchaser. 9. In the event of exercising the right of withdrawal within 14 days pursuant to art. 64 paragraph 1 of DL 206/2005 and subsequent amendments and additions, the integrity of the goods to be returned is an essential condition. 10. In the case of exercising the right of withdrawal within 14 days pursuant to art. 64 paragraph 1 of DL 206/2005 and subsequent amendments and additions, Oro Nero Oro Bianco SLU will reimburse the sums paid by the Buyer within 14 days from the day on which it is informed of the Buyer's decision to withdraw from the contract using the same form of payment used by the Buyer for the transaction initial, unless otherwise expressly agreed with the Buyer. 11. The refund can be suspended until the goods are received or until the Purchaser demonstrates that he has sent the goods back, if previous.

Art. 10 – Prices 1. All the sales prices of the products displayed and indicated on the website www.labottegadeltartufo.es constitute an offer to the public pursuant to art. 1336 c.c. 2. The Purchaser will pay Oro Nero Oro Bianco SLU for the products purchased at the price indicated in the online catalog at the time the Purchaser himself placed the order. This price will be expressed in Euros and will include VAT. 3. The shipping costs of the products, where provided for by the Purchaser, will be applied according to the prices indicated in the specific section published on the website www.labottegadeltartufo.es of which the Purchaser has viewed before making the 'order. 4. Product prices can be updated and therefore changed daily. 5. There are no minimum amounts to place an order.

Art.11 – Shipping cost

Product prices are inclusive of all taxes and duties. All prices are expressed in euros.

• Shipping to Spain: shipping is free for orders over €50, for lower amounts the cost of shipping is €8.00.
• Shipments to Europe: shipping is €15.80 for orders under €250; always free for orders over €250
• Shipments to the Rest of the World: shipping is €29.80 for orders under €250; always free for orders over €250.

Art.12 – Gifts and promotions 1. Any promotions proposed and the offer of any free products are valid as long as the stocks of the products are exhausted and within the purchase limits indicated on the website and www.labottegadeltartufo.es. Promotional products can be delivered in promotional packs, other than those published on the website www.labottegadeltartufo.es. 2. No replacement or return is possible in relation to any products received free of charge by the Buyer.

Art.13 – Responsibility 1. Oro Nero Oro Bianco SLU assumes no responsibility for disservices attributable due to force majeure of any nature and kind, if it fails to execute the contract within the agreed time. 2. Causes of force majeure, by way of example and not limited to, accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events, as well as measures of the Public Authority, the strike of own employees or carriers of the which Oro Nero Oro Bianco SLU avails itself, as well as any other circumstance that is beyond its control. 3. Without prejudice to the provisions of art. 8 of the U.E. 97/7 and art. 56 of DL 206/2005 and subsequent amendments and additions, Oro Nero Oro Bianco SLU assumes no responsibility for any fraudulent use made by third parties of the credit card data provided by the Purchaser. 4. Oro Nero Oro Bianco SLU cannot be held responsible, except in cases of willful misconduct or gross negligence, for disservices or malfunctions connected with the use of the Internet outside of its own control or that of its subcontractors. 5. Oro Nero Oro Bianco SLU will also not be liable for damages, losses and costs incurred by the Purchaser as a result of the non-execution of the contract for reasons not attributable to him, having the Purchaser entitled only to the full refund of the price paid and of any ancillary charges incurred.

Art.14 – Methods of payment and invoicing 1. The Buyer will pay for the products ordered in the following ways: credit card (also prepaid) and / or Paypal and / or Bank transfer. 2. The credit cards accepted by Oro Nero Oro Bianco SLU are: Visa, VPay, Visa Electron, Mastercard, Maestro. 3. Once the payment method has been chosen, the buyer will be directed to the relevant site to carry out the transaction and complete the payment. 4. In case of payment by bank transfer, the same must be made to: Company Name: Oro Nero Oro Bianco SLU Bank: -------bank informayion------ Your name / surname, order number and reference to the online shop (eg Mario Rossi - order 30150 - La Bottega del Tartufo Ecommerce) must be entered in the reason for payment, then sending a copy of the payment receipt to ------pec address---- . The order will be processed after receipt of the credit. 5. The payment will include the costs for the shipping contribution, where applicable, paid by the Purchaser, according to the methods of the offer published on the website www.labottegadeltartufo.es 6. Oro Nero Oro Bianco SLU will send the invoice via certified e-mail (PEC) to the address indicated in the order, only to buyers registered with VAT number and who have requested it by "ticking" the appropriate box on the check-out page. For all others, the order confirmation email counts as a receipt of the same. 7. For the issue of the tax document, the indications provided by the Purchaser at the time of the order will prevail. No changes will be possible after the issue of the tax document. To this end, the Purchaser undertakes to carefully check the data entered at the time of the order, since these will be used for accounting entries.

Art.15 – Termination of the Contract and Express Termination Clause 1. The obligations assumed by the Buyer in art. 2 above (Obligations of the Purchaser), as well as the guarantee of the successful completion of the payment that the Purchaser must make, are essential, so that, by express agreement, the non-fulfillment by the Purchaser of only one of these obligations will determine the legal termination of the contract pursuant to art. 1456 of the civil code, without the need for judicial judgment, without prejudice to the right for Oro Nero Oro Bianco SLU to take legal action for compensation for further damage.

Art.16 – Security 1. On-line transactions with Paypal credit card are carried out on the respective sites, through secure servers that adopt the SSL (Secure Socket Layer) protection system. This protocol allows you to communicate in a way designed to avoid interception, modification or falsification of information. 2. Oro Nero Oro Bianco SLU never becomes aware of the customer's credit card or Paypal account data.

Art.17 – Changes 1. Oro Nero Oro Bianco SLU reserves the right to change these terms and conditions at any time, by publishing the version updated from time to time on the website and www.labottegadeltartufo.es. 2. Any new clauses will be effective for purchases made after the date of the change.

Art.18 – Applicable law 1. This contract is governed by Spanish law. These terms and conditions are reported, although not expressly provided therein, to DL 206/05 and subsequent amendments and additions.

Art.19 – Jurisdiction 1. Any dispute relating to the application, execution, interpretation of this contract stipulated online through the website www.labottegadeltartufo.es is subject to Spanish jurisdiction. 2. 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 if located in the territory of the Spanish State. 3. If the residence or domicile of the Purchaser is not located in the territory of the Spanish State, the Court of the place where the delivery of the goods took place is competent.

Art. 20 – Protection of confidentiality and processing of the Buyer's data 1. Oro Nero Oro Bianco SLU, independent data controller of the Buyer's data, protects the privacy of its customers and guarantees that the data processing complies with the provisions of the privacy legislation pursuant to DL 196/2003 and of the EU Regulation 679/2016. 2. Personal and fiscal personal data acquired directly and / or through third parties by Oro Nero Oro Bianco SLU, independent data controller, are collected and processed in paper, IT, telematic form, in relation to the processing methods for the purpose of registering the order and activate the procedures for the execution of this contract and the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow effective management of commercial relations to the extent necessary to perform the service in the best possible way required (Article 24, paragraph 1, letter b, DL 196/2003 and Article 6 of EU Regulation 679/2016). 3. Oro Nero Oro Bianco SLU undertakes to treat the data and information transmitted by the Purchaser confidentially and not to disclose them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. These data may be presented only upon request of the judicial authority or other authorities authorized by law. 4. Personal data will be communicated, after signing a commitment of confidentiality of the data, only to subjects delegated to carry out the activities necessary for the execution of the contract stipulated and communicated exclusively for this purpose. 5. With regard to your personal data, we inform you that you can exercise the rights provided for by art. 15 and following of EU Regulation 679/2016, as well as by art. 7 of the Privacy Code. 5.1       Access to the following information: 1. purpose of the processing, 2. categories of personal data in question, 3. recipients or categories of recipients to whom such personal data have been or will be disclosed, in particular if recipients from third countries or international organizations, 4. existence of the right of the interested party to ask the data controller to rectify or delete personal data or limit the processing of personal data concerning him or to oppose their treatment; 5.2 Correction, meaning: 5. correction of inaccurate personal data concerning him without justified delay, 6. integration of incomplete personal data, also by providing an additional declaration; 5.3 Cancellation of data concerning you without undue delay, if: 7. the data are no longer necessary with respect to the purposes for which they were collected or otherwise processed, 8. a withdrawal of consent is formulated and there is no other legal basis for the processing, 9. you object to the processing and there is no prevailing legitimate reason to proceed with the processing, 10. the personal data have been unlawfully processed, 11. personal data must be deleted to fulfill a legal obligation, 12. personal data have been collected in relation to the offer of information society services; 5.4       Limitation of treatment: 13. if you contest the accuracy of personal data, for the period necessary for the data controller to verify the accuracy of such personal data 14. when the processing is unlawful and the interested party opposes the cancellation of personal data and instead requests that their use be limited, 15. when personal data are necessary for the interested party to ascertain, exercise or defend a right in court, although the owner no longer needs it for processing purposes, 16. if you object to the processing by virtue of the right of opposition; 5.5. Receive notification in case of rectification or cancellation of personal data or limitation of treatment; 5.6. Data portability, i.e. the right to receive personal data concerning you in a structured, commonly used and machine-readable form and has the right to transmit such data to another data controller, if: 1. the treatment is based on the express consent of the interested party for one or more specific purposes or takes place on the basis of a contract signed with the interested party and 2. the treatment is carried out by automated means; 5.7 Opposition at any time, for reasons related to his particular situation, to the processing of personal data concerning him. You have the right to lodge a complaint with a supervisory authority if you believe that the rights indicated here have not been recognized. To exercise the above rights, please contact the Data Controllers by sending a registered letter to Oro Nero Oro Bianco SLU Calle de Don Ramón de la Cruz 383B - Madrid - SPAIN or an e-mail to -----pec address----. The communication of personal data by the Purchaser is a necessary condition for the correct and timely execution of this contract. Failing that, the Buyer's request cannot be processed. In any case, the acquired data will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. However, their removal will take place safely. Further information on privacy & cookie policy adopted on the website www.labottegadeltartufo.es can be found in the appropriate sections at this link.

Art. 21 – Method of archiving the contract 1. Pursuant to art. 12 of DL 70/2003, Oro Nero Oro Bianco SLU informs the Purchaser that every order sent is stored digitally at the headquarters of Oro Nero Oro Bianco SLU according to criteria of confidentiality and security.