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Terms and conditions

This document contains the general terms and conditions of use of the website www.betruffle.com which offers the Marketing of truffle-based products made by La Rustichella Tartufi International srl.

Definitions

To allow a complete understanding and acceptance of these terms and conditions, the following terms, singular and plural, will have the meaning indicated below:

  • Owner: La Rustichella Tartufi International s.r.l., with registered office in Rome 00199, via Salaria 290
  • Application: the website www.betruffle.com
  • Products: the material products, sold by the Owner
  • User: any person who accesses and uses the Application
  • Consumer User: the adult natural person who enters into a contract for purposes unrelated to his/her entrepreneurial, commercial, artisanal or professional activity, if any
  • Conditions: this contract that regulates the relationship between the Owner and the Users and the sale of the Products offered by the Owner through the Application.

Detailed information on the Application offer

The Application provides Users Through the web platform www.betruffle.com, users can navigate the menu and select the products to purchase directly online, through payment by Credit Card and Paypal.

Scope of the Conditions

Use of the Application implies acceptance of the Conditions by the User. If the User does not intend to accept the Conditions and/or any other note, legal notice, information published or referred to therein, he/she may not use the Application or its services.
The Conditions may be modified at any time.
The applicable Conditions are those in force on the date of transmission of the purchase order or request for supply of a Product.
Before using the Application, the User is required to carefully read the Conditions and save or print them for future consultation.
The Owner reserves the right to change at its discretion, at any time, the graphic interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating to the User, where necessary, the relevant instructions.

Purchase via the App

All Products offered through the Application are described in detail on the relevant product pages (quality, features, availability, price, delivery times and costs, additional charges, etc.). Some errors, inaccuracies or small differences may arise between what is published on the Application and the actual Product. Furthermore, any images of the Products are only representative and do not constitute a contractual element.
Purchases of one or more Products through the Application are permitted to Consumer Users.
Purchases are permitted to natural persons only on condition that they are of age. For minors, each purchase and/or request for supply of Products through the Application must be examined and authorised by parents or those exercising parental responsibility.
The offer of Products through the Application constitutes an invitation to offer and the order sent by the User will be considered as a contractual purchase proposal, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner will have, at its sole discretion, the right to accept or not the User’s order without the latter being able to object or complain about anything for any reason whatsoever and/or reason.
The contract for the sale of the Products is considered concluded with the acceptance by the Owner of the User’s contractual proposal. The Owner will accept the User’s contractual proposal by sending the order confirmation to the email address indicated by the User, which will include the date of the order, the User’s data, the characteristics and availability of the Product, the price or method of calculating the price, any additional charges and accessory taxes, the delivery address, the times and any delivery costs, the methods for exercising the right of withdrawal or its possible exclusion and the guarantee.
The contract for the sale of the Products is not considered effective between the parties in the absence of what is indicated in the previous point.
In the event that the Product is not available, the Owner will inform the User of the new terms of delivery or supply, asking whether he/she intends to confirm the order or not. It is understood that the contract will be considered perfected in relation to the Products accepted by the Owner.
The User undertakes to verify the correctness of the data reported in the order confirmation and to immediately communicate any errors to the Owner and will keep a copy of his/her order, the relative confirmation and the Conditions.

Prices and payments

For each Product, the price is indicated including VAT, if applicable. If the nature of the Product makes it impossible to calculate it in advance, the methods of calculating the price are indicated.
Furthermore, all possible taxes, additional costs and delivery costs that may vary in relation to the destination, the chosen delivery method and/or the payment method used will be indicated. If these expense items cannot reasonably be calculated in advance, there will be an indication of which costs will be charged to the User.
The Owner reserves the right to change, at any time, the price of the Products and all possible additional costs. It is understood that any price changes will not in any case affect contracts already concluded before the change.
The User undertakes to pay the price of the Product in the times and ways indicated in the Application and to communicate all necessary data that may be requested.
The Application uses third-party tools for payment processing and does not in any way come into contact with the payment data provided (credit card number, name of the holder, password, etc.).
If such third-party tools deny payment authorization, the Owner will not be able to provide the Products and cannot be held liable in any way.

Prices and payments

The User who wishes to receive the invoice will be asked for the billing data. For the issuance of the invoice, the information provided by the User will be valid, which he declares and guarantees to be true, releasing the Owner from any broader indemnity in this regard.

Delivery methods for material products

The material Products (including any material goods with digital elements) will be delivered to the address indicated by the User, with the methods and within the time chosen or indicated on the Application and reported in the order confirmation. Unless otherwise specified, the delivery terms specified in the order confirmation indicate the period of time usually required to deliver the Product from the moment the courier takes charge.
In the event that it is not possible to supply the requested Products, the User will be promptly notified by email, with an indication of when it is expected to be able to deliver them or the reasons that make the supply impossible.
If the User does not intend to accept the new term or delivery has become impossible, he/she may request a refund of the amount paid, which will be promptly credited in the same payment methods used by the User for the purchase, within a maximum of 14 days from the date on which the Owner became aware of the refund request.
Upon receipt of the Product, the User is required to verify its conformity with the order placed and the integrity of the packaging. In the event that there is obvious damage to the packaging and/or the Product, the User may refuse delivery of the Product and may return it without any expense to him. Once the delivery document has been signed, the User may not raise any objection regarding the external characteristics of the Products delivered.
The Owner shall not be liable to any party or third party for damages, losses and costs incurred as a result of failure to execute the contract due to force majeure.

Users' right of withdrawal from the purchase of material Products

The Consumer User has the right to withdraw without any penalty and without specifying the reason within 14 days from the date of receipt of the Product, by sending a written communication to the email address info@betruffle.com, using the optional withdrawal form referred to in the following article or any other written declaration.
In the case of separate delivery of multiple Products, ordered by the Consumer User with a single order, the 14-day term for exercising the right of withdrawal starts from the day on which the last Product was received.
In the event of withdrawal, the User must return the Product to the Owner, without undue delay and in any case no later than 14 days from the date on which he communicated his decision to withdraw from the contract. The User will only bear the direct cost of returning the Product, unless the Owner has declared that he will bear it.
In the event of a correctly exercised withdrawal, the Owner will refund the payments received from the User, in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the day on which the User communicated his/her intention to withdraw from the contract.
The Owner is not required to refund the delivery costs, if the User has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Owner.
The Owner, unless he/she has offered to collect the Product himself/herself, may withhold the refund until he/she has received the Product or until the Consumer User has demonstrated that he/she has sent it back.
The Owner will not accept the return in the event that the Product is malfunctioning due to improper use, negligence, damage or physical, aesthetic or superficial alterations, tampering or improper maintenance or wear and tear, absence of integral elements of the product (accessories, parts, etc.). In such cases, the Owner will return the purchased Product to the sender, charging the latter the shipping costs.

Cases of exclusion of the User's right of withdrawal

Il diritto di recesso dal contratto di vendita o di fornitura dei Prodotti da parte dell’Utente è escluso relativamente:

  • alla fornitura di Prodotti il cui prezzo è legato a fluttuazioni nel mercato finanziario che il Titolare non è in grado di controllare e che possono verificarsi durante il periodo di recesso
  • alla fornitura di Prodotti confezionati su misura o chiaramente personalizzati
  • alla fornitura di Prodotti che rischiano di deteriorarsi o scadere rapidamente. Rientrano in questa categoria tutti i Prodotti alimentari (incluse le bevande) le cui caratteristiche siano soggette ad alterazione anche in conseguenza di una conservazione non appropriata
  • alla fornitura di Prodotti sigillati che non si prestano ad essere restituiti per motivi igienici o connessi alla protezione della salute e sono stati aperti dopo la consegna
  • alla fornitura di Prodotti che, dopo la consegna, risultano, per loro natura, inscindibilmente mescolati con altri beni
  • ai contratti in cui l’Utente ha specificamente richiesto una visita da parte del Titolare o un professionista incaricato ai fini dell’effettuazione di lavori urgenti di riparazione o manutenzione. Se, in occasione di tale visita, il Titolare o un professionista incaricato fornisce servizi oltre a quelli specificamente richiesti dall’Utente o beni diversi dai pezzi di ricambio necessari per effettuare la manutenzione o le riparazioni, il diritto di recesso si applica a tali servizi o beni supplementari
  • alla fornitura di registrazioni audio o video sigillate o di software informatici sigillati che sono stati aperti dopo la consegna
  • alla fornitura di giornali, periodici e riviste ad eccezione dei contratti di abbonamento per la fornitura di tali pubblicazioni
  • ai contratti conclusi in occasione di un’asta pubblica
  • alla fornitura di alloggi per fini non residenziali, il trasporto di beni, i servizi di noleggio di autovetture, i servizi di catering o i servizi relativi alle attività del tempo libero qualora il contratto preveda una data o un periodo di esecuzione specifici

Per maggiori chiarimenti contattare il Titolare all’indirizzo e-mail info@betruffle.com o chiamando il servizio clienti al numero +39 069588047

Optional form to exercise the right of withdrawal

Guarantee of conformity of material Products for Consumer Users

The User may withdraw using the following form which must be filled out in its entirety and sent to the email address info@betruffle.com before the expiry of the withdrawal period:
I hereby communicate the withdrawal from the sales or supply contract relating to the following product __________
Order number: _______
Ordered on: _______
Name and Surname: _______
Address: ______
Email associated with the account from which the order was placed: ____________________
Date: __________

Consumer Users are granted the guarantee of conformity, provided for by articles 129 and following of the Consumer Code, for all material Products sold through the Application, with the exception of the exclusion cases provided for by art. 128 of the Consumer Code.
The Owner is liable to the Consumer User for any lack of conformity that occurs within two years of delivery. During the first year, the Consumer User is not required to demonstrate that the defect existed at the time of delivery as it is presumed that it already existed on that date, unless this hypothesis is incompatible with the nature of the Material Product or with the nature of the lack of conformity.
If the Consumer User intends to take advantage of the remedies provided for by the guarantee of conformity, he/she must send a written communication to the e-mail address -info@betruffle.com or by calling customer service at +39 069588047
The Owner will promptly respond and indicate to the Consumer User the procedure to follow.
For anything not provided for in this clause, Articles 128 to 135-septies of the Consumer Code and the articles of the Civil Code regarding the formation, validity and effectiveness of contracts shall apply, including the consequences of termination of the contract and the right to compensation for damages.

Industrial and Intellectual Property Rights

All contents of the Application, including texts, documents, trademarks, logos, images, graphics, their arrangement and their adaptations are protected by copyright and trademark laws. The Application may also contain images, documents, logos and trademarks of third parties who have expressly authorised the Owner to publish them in the Application. Except for strictly personal uses, it is not permitted to copy, alter, distribute, publish or use the Contents without specific authorisation from the Owner.

Disclaimer of warranty

The Application is provided “as is” and “as available” and the Owner does not provide any express or implied warranty in relation to the Application, nor does it provide any warranty that the Application will be able to meet the needs of the Users or that it will never have interruptions or be free of errors or that it will be free of viruses or bugs.
The Owner will work to ensure that the Application is available continuously 24 hours a day, but cannot in any way be held responsible if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons completely beyond the will of the Owner or due to force majeure.

Limitation of Liability

The Owner cannot be held liable towards the User, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its control or that of its suppliers.
The Owner will also not be liable for damages, losses and costs incurred by the User as a result of failure to execute the contract for reasons not attributable to him, the User being only entitled to the possible full refund of the price paid and any additional costs incurred.
The Owner assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards and other means of payment, as it does not come into contact in any way with the payment data used (credit card number, name of the cardholder, password, etc.)
The Owner will not be liable for:

  • any loss of business opportunities and any other loss, even indirect, possibly suffered by the User that are not a direct consequence of the violation of the contract by the Owner.
  • Incorrect or unsuitable use of the Application by Users or third parties.
  • The issuing of incorrect documents or tax data due to errors relating to the data provided by the User, the latter being the only person responsible for the correct entry.

In no case may the Owner be held liable for a sum greater than double the cost paid by the User.

Force majeure

The Owner cannot be held responsible for failure or delay in fulfilling its obligations, due to circumstances beyond the reasonable control of the Owner due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, independent of its will.
The fulfillment of the obligations by the Owner will be considered suspended for the period in which force majeure events occur.
The Owner will take any action in its power in order to identify solutions that allow the correct fulfillment of its obligations despite the persistence of force majeure events.

Link to third party sites

The Application may contain links to third-party sites/applications. The Owner does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites/applications.

Some of these links may refer to third-party sites/applications that provide services through the Application. In these cases, the general conditions for the use of the site/application and for the use of the service prepared by third parties will apply to the individual services, for which the Owner assumes no responsibility.

Privacy

The protection and processing of personal data will take place in accordance with the Privacy Policy which can be consulted on the page https://betruffle.com/privacy-policy/

Applicable law and competent court

The Conditions are subject to Italian law.
For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions will be referred to the court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right for the Consumer User to appeal to a judge other than that of the “consumer forum” pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria set out in arts. 18, 19 and 20 of the civil procedure code.
The application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence is reserved, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in the event of exercising this right, the methods and formalities of communicating the same and the legal guarantee of conformity.

Online Dispute Resolution for Consumer Users

The Consumer User residing in Europe must be aware of the fact that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve in a non-judicial manner any dispute relating to and/or arising from contracts for the sale of goods and the supply of services stipulated online. Consequently, the Consumer User can use this platform to resolve any dispute arising from the contract stipulated online. The platform is available at the following address: ec.europa.eu/consumers/odr/