Terms of service
Terms and conditions of the service
Preamble: Effectiveness of the terms and conditions of sale These terms and conditions of sale ("terms and conditions") govern the purchase of products made remotely and made available, via the Internet, by the website www.arpalieviti.shop in accordance with Italian legislation on distance contracts (Legislative Decree 70/2003). This site is owned by Ar.pa Lieviti Srl, Via Emilia, 268, 40064 Ozzano dell'Emilia (BO), tax code and registration at the Business Registry 00468610373 - VAT No. 00510731201, and is dedicated to the retail sale of food products. The seller is: Ar.pa Lieviti Srl Registered Office: Via Emilia, 268, 40064 Ozzano dell'Emilia (BO), Italy Tax Code/VAT No.: 00468610373/00510731201 REA: BO 213394 Ar.pa Lieviti Srl adheres to the regulations regarding distance contracts as per articles 50 et seq. of Legislative Decree 206/2005 and Legislative Decree 70/2003, as amended and supplemented. Contracts made at a distance through the website with Ar.pa Lieviti Srl are governed by these terms and conditions in accordance with Italian legislation. The language available for concluding the contract is Italian. The Customer is required, before sending the order, to read these terms and conditions which have been made available on the Website to enable their reproduction and storage.
Art.1 – Preamble The preamble is an integral part of these TERMS AND CONDITIONS OF SALE OF THE ONLINE SALES SERVICE.
Art. 2 – Definitions The term "online sales contract" refers to the purchase agreement relating to Ar.pa Lieviti Srl’s tangible movable goods, concluded between it and the Buyer within a system of selling via electronic tools. The term "Buyer" refers to the natural or legal person who makes the purchase referred to in this contract.
Art. 3 – Subject of the contract Ar.pa Lieviti Srl sells and the Buyer purchases remotely, through the internet, the food products selected and ordered by the Buyer among those included in the electronic catalog on the site www.arpalieviti.shop and available at the time.
Art. 4 – How the contract is formed The contract between Ar.pa Lieviti Srl and the Buyer is concluded exclusively via the Internet by the Buyer accessing www.arpalieviti.shop, where, following the indicated procedures, the Buyer will finalize the proposal to purchase the goods referred to in the previous article point 1. The contract is deemed concluded, and is binding for both parties, after the correct completion of the request form and consent to purchase followed by the subsequent confirmation, of the registration of the purchase order made by the Buyer through an order summary message, sent to the email address provided by the Buyer and/or via a web screen. The contract is not considered perfected and effective between the parties in the absence of what was indicated in the previous point. In the event of unforeseeable stock outages due to unforeseeable factors or other causes, Ar.pa Lieviti Srl commits to promptly inform the Buyer via email of the unavailability of the product and to refund or not charge the corresponding price to the Buyer, or to inform the Buyer of the waiting times to obtain the chosen good, asking whether they wish to confirm the order or not. Ar.pa Lieviti Srl reserves the right not to accept purchase orders that are incomplete and/or not duly filled in, notifying via email to the address provided by the Buyer and/or via web screen.
Art.5 – Obligations of the Buyer The Buyer commits to review and accept these terms and conditions. The Buyer commits, once the online purchase process is concluded, to print and/or save these terms and conditions, which, moreover, they will have already viewed and accepted as a mandatory step during the purchase, in order to fully satisfy the condition under articles 52 and 53 of Legislative Decree 206/05 and subsequent amendments and supplements. It is strictly prohibited for the Buyer to enter false and/or invented information in the registration process necessary to activate the process for the execution of this sales agreement and related further communications. Personal data and email must correspond exclusively to the Buyer's own personal data and not to third parties. The Buyer declares they are of legal age.
Art.6 – Delivery timing and methods Ar.pa Lieviti Srl undertakes to deliver the products selected and ordered by the Buyer to the place indicated by the Buyer, via courier. Deliveries are possible only within the territory of Italy, San Marino, and the Vatican City. Deliveries typically occur within 3 business days from the date of transmission of the purchase order confirmation by Ar.pa Lieviti Srl. Deliveries do not occur on Saturdays and public holidays.
Art.7 – Transportation Damage In case the Buyer notices any external damage to the packaging or the mismatch in the number of packages, they must immediately place a written reservation check on the courier's proof of delivery or refuse the acceptance of the damaged package by writing the reason on the waybill that the courier requests to be signed at receipt. The Buyer who has accepted with a reservation check the package and subsequently notices a product damage must within 8 days from the delivery, report the damage by sending a registered letter with acknowledgment of receipt to Ar.pa Lieviti Srl, Via Emilia, 268, 40064 Ozzano dell'Emilia (BO), Italy. The Buyer must specify, in addition to the reason for the complaint, also the purchase order number and the fiscal documentation. In the event that the Buyer notices damages to the product due to transportation not visible from the outside or a mismatch in the number of products received, they must report the damage, in the first case within 14 days from the discovery and in the second case within 14 days from the delivery, by sending a registered letter with acknowledgment of receipt to Ar.pa Lieviti Srl, Via Emilia, 268, 40064 Ozzano dell'Emilia (BO), Italy. The Buyer must specify, in addition to the reason for the complaint, also the purchase order number and the fiscal documentation. If the Buyer does not act in the manner and within the terms indicated in the previous points 1 and 2 of this article, they will lose the rights to replacement or refund. Following the complaint submitted by the Buyer, Ar.pa Lieviti Srl will proceed to replace the damaged product. In case, for any reason, Ar.pa Lieviti Srl is not able to replace the product, it may proceed to refund the entire amount paid or replace it with a product of equal or higher value in agreement with the buyer.
Art. 8 – Complaints about defects and legal warranty Ar.pa Lieviti Srl has the obligation to deliver to the buyer goods that conform to the sales contract and is liable to the buyer for any lack of conformity existing at the time of delivery of the goods. The products are covered by a legal warranty of two years for conformity defects according to artt. 128,129, 130, 131, 132, 134, 135 of Legislative Decree 206/2005 and subsequent amendments and supplements. The warranty is reserved for the consumer as defined by Legislative Decree 206/2005 and subsequent amendments and supplements. The buyer forfeits the warranty if they do not report to the seller the lack of conformity within a period of 2 months from the date on which the defect was discovered. The legal warranty only covers the replacement of goods not conforming to the sales contract, as the subject of the contract are food products. The warranty does not apply if the reported defects are due to incorrect storage, handling, use, or transportation of the product by the consumer or if the instructions provided by the food manufacturer on the product label are not followed. Similarly, the warranty does not operate whenever the defect is attributable to the culpable or fraudulent conduct of the consumer or depends on other causes not referable to the production and transportation of the product up to the consumer's home. In the event that the Buyer finds defects of conformity, they must report the damage within 2 months from the date of discovery of the defect, by sending a registered letter with acknowledgment of receipt to Ar.pa Lieviti Srl, Via Emilia, 268, 40064 Ozzano dell'Emilia (BO). The Buyer must specify, in addition to the reason for the complaint, also the purchase order number and the fiscal documentation. In case of a defect of conformity, duly reported within the terms provided, the buyer will have the right to have the product replaced within a reasonable time unless the remedy itself is objectively impossible or excessively burdensome or, secondarily, will have the right to a price reduction or to the resolution of the contract. A minor conformity defect for which it has not been possible or is excessively burdensome to carry out the remedies of repair or replacement, does not give the right to the resolution of the contract. Ar.pa Lieviti Srl reserves the right to verify the existence of the reported conformity defect. Ar.pa Lieviti Srl reserves the right to communicate to the buyer whether it will proceed to retrieve the defective product at the buyer's home. The operational times for carrying out the activities related to the activation of the warranty are variable and are determined by the type of product and the nature of the defect. Ar.pa Lieviti Srl can never, in any case, be burdened with charges arising from any delays in the delivery of the replaced product or from the return of the price. In any case, except in exceptional cases, the replacement will be made within 60 days from the delivery of the defective product to Ar.pa Lieviti Srl. Otherwise, the Buyer may pursue one of the alternative remedies provided by law (resolution of the contract or reduction of the price paid considering the possible use of the good). Art.9 – Right of withdrawal Under the law, the Buyer may exercise the right to withdraw from the contract without specifying the reason and without the payment of penalties within a period of 8 days starting from the day on which the Buyer or a third party, other than the carrier and designated by the Buyer, acquires physical possession of the last good provided that the information obligations required under art. 52 of Legislative Decree 206/2005 and subsequent amendments are met. In the event that the seller has not fulfilled the information obligations under artt. 52, paragraph 2, letters f) and g) and 53 of Legislative Decree 206/2005 and subsequent amendments and supplements, the term for exercising the right of withdrawal ends 12 months after the end of the initial withdrawal period. This last term also applies in the case where Ar.pa Lieviti Srl provides incomplete or incorrect information that does not allow the correct exercise of the right of withdrawal. The right of withdrawal must be exercised by the Buyer by sending a written communication by registered letter with acknowledgment of receipt, or through a specific form to download at this link (link to withdrawal form), or through any other declaration, provided it is explicit, to be sent to the address Ar.pa Lieviti Srl, Via Emilia, 268, 40064 Ozzano dell'Emilia (BO) Italy, or by fax at +39 051 797140, or by email to info@arpalieviti.it. Should this last mode be chosen, immediate confirmation of receipt of such withdrawal will be transmitted, by email. The communication must include the name, address, the purchase order number, the desire to withdraw from the purchase, and the product or products for which the right of withdrawal is to be exercised; the Buyer must also attach a copy of an identity document, a copy of the fiscal purchase documentation, indicate both a telephone number on which they can be contacted, and the bank account details on which they wish to receive the refund of the amount paid. To comply with the withdrawal deadline, it is sufficient to send the communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period. Once the withdrawal communication is received, Ar.pa Lieviti Srl will inform the Buyer of the address to which to ship the products to be returned and the authorization for the return of the products themselves. The Buyer must ship the product carefully packed in its original packaging, complete with everything originally included, to the communicated address. The shipment by the Buyer must be made via Courier or delivery to the Seller or to a third party authorized by them within 8 days from the communication of withdrawal from the contract to Ar.pa Lieviti Srl Upon receipt of the products or until the buyer has demonstrated to have sent back the goods, if this situation occurs first, Ar.pa Lieviti Srl will refund the Buyer the amount paid. 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 forwarder. In case of exercise of the right of withdrawal within fourteen days according to art. 64 paragraph 1 Legislative Decree 206/2005 and subsequent amendments and supplements, the expenses incurred by the Buyer for the return of the products to Ar.pa Lieviti Srl are borne by the Buyer. In case of exercise of the right of withdrawal within 8 days according to art. 64 paragraph 1 Legislative Decree 206/2005 and subsequent amendments and supplements, the integrity of the goods to be returned is an essential condition. In the case of exercise of the right of withdrawal within 8 days according to art. 64 paragraph 1 Legislative Decree 206/2005 and subsequent amendments and supplements, Ar.pa Lieviti Srl will refund the sums paid by the Buyer within 14 days from the day 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 initial transaction, unless different agreements expressly agreed with the Buyer. The refund may be suspended until receipt of the goods or until the Buyer has shown to have sent back the goods, if earlier.
Art. 10 – Prices All sales prices of the products displayed and indicated on the website www.arpalieviti.shop constitute an offer to the public pursuant to art. 1336 c.c. The Buyer will pay Ar.pa Lieviti Srl for the products purchased the price indicated in the online catalog at the time the Buyer themselves placed the order. Said price will be expressed in Euro and will be inclusive of VAT. The shipping costs of the products, where provided at the expense of the Buyer, will be applied according to the prices indicated in the specific section published within the website www.arpalieviti.shop of which the Buyer took note before placing the order. Product prices may be updated and therefore undergo daily changes. There are no minimum amounts to place an order.
Art.11 – Contribution to shipping costs The Buyer will pay Ar.pa Lieviti Srl, as a contribution to the shipping costs, a fixed amount of € 8.00 euros for amounts up to € 49.99; no transport costs must be paid for amounts over € 49.99 for orders placed in Italy. For all orders from Europe, transport costs will be calculated at a flat rate up to a maximum of 20 euros.
Art.12 – Promotions and gifts Any promotions offered and the offer of any free products are valid until the stocks of the products run out and within the purchase limits indicated on the site www.arpalieviti.shop. Products in promotion may be delivered in promotional packages, different from those published on the site www.arpalieviti.shop Discount codes possibly received are not cumulative, do not apply to other ongoing promotions and the calculation of the minimum threshold of 50 € to obtain free shipping is valid only for orders received from Italy. No replacement or return is possible in relation to any products received as a gift by the Buyer.
Art.13 – Responsibility Ar.pa Lieviti Srl assumes no responsibility for disservices attributable to force majeure of any nature and kind, in case it fails to execute the contract within the agreed times. Causes of force majeure include, 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 by Public Authorities, strikes by its own employees or those of the carriers used by Ar.pa Lieviti Srl, as well as any other circumstance that is beyond the control of the latter. Notwithstanding the provisions of art. 8 of EU Directive 97/7 and art. 56 Legislative Decree 206/2005 and subsequent amendments and supplements, Ar.pa Lieviti Srl assumes no responsibility for the fraudulent use that third parties may make of the credit card data provided by the Buyer. Ar.pa Lieviti Srl cannot be held responsible, except in the case of fraud or gross negligence, for disservices or malfunctions connected to the use of the Internet outside its own control or that of its sub-suppliers. Ar.pa Lieviti Srl will also not be responsible for damages, losses, and costs suffered by the Buyer as a result of the non-execution of the contract for reasons not attributable to it, the Buyer only having the right to a full refund of the price paid and any additional charges incurred.
Art.14 – Payment methods and invoicing The Buyer will pay for the ordered products using the following methods: credit card (including prepaid cards) and/or Paypal and/or bank transfer. The credit cards accepted by Ar.pa Lieviti Srl are: Visa, VPay, Visa Electron, Mastercard, Maestro. Once the payment method is chosen, the buyer will be directed to the relevant site to perform the transaction and complete the payment. In case of payment by bank transfer, the order will be prepared only after the payment has been received. The payment will include the expenses for the contribution to shipping, where provided, at the expense of the Buyer, according to the terms of the offer published within the site www.arpalieviti.shop. Ar.pa Lieviti Srl will send the invoice via certified email (PEC) to the address indicated in the order, only to Buyers registered with VAT numbers and who have requested it by "ticking" the appropriate box on the checkout page. For all others, the order confirmation email serves as a receipt of the same. For the issuance of the fiscal document, the indications provided by the Buyer at the time of the order will be authoritative. No changes will be possible after the issuance of the fiscal document. For this purpose, the Buyer undertakes to carefully verify the data entered at the time of the order, as these will be used for accounting records.
Art.15 – Termination of Contract and Express Termination Clause The obligations assumed by the Buyer as per art. 2 above (Obligations of the Buyer), as well as the guarantee of successful payment that the Buyer must make, are essential, so that, by express agreement, the non-fulfillment by the Buyer of only one of these obligations will determine the legal termination of the contract ex art.1456 c.c., without the need for a judicial ruling, without prejudice to the right for Ar.pa Lieviti Srl to sue for further damage.
Art.16 – Security Online transactions with credit cards and Paypal are carried out on their respective sites, via secure servers that adopt the SSL (Secure Socket Layer) protection system. This protocol allows communication in a mode designed to prevent the interception, modification, or falsification of information. Ar.pa Lieviti Srl never comes to know the credit card data or the Paypal account details of the client.
Art.17 – Changes Ar.pa Lieviti Srl reserves the right to change these terms and conditions at any time, publishing on the site www.arpalieviti.shop the version updated from time to time. Any new clauses will be effective for purchases made after the date of the change.
Art.18 – Applicable Law This contract is governed by Italian Law. These terms and conditions refer, for what is not expressly provided therein, to Legislative Decree 206/05 and subsequent amendments and supplements.
Art.19 – Competent Court Any dispute relating to the application, execution, interpretation of this contract concluded online through the site www.arpalieviti.shop is subject to Italian jurisdiction. For disputes arising between the Parties in relation to this contract, the judge of the place of residence or domicile of the Buyer is competent if located within the territory of the Italian State. If the residence or domicile of the Buyer is not located within the territory of the Italian State, the Court of the place where the goods were delivered is competent.
Art. 20 – Confidentiality Protection and Processing of the Buyer’s Data Ar.pa Lieviti Srl, autonomous data controller of the Buyer's data, protects the privacy of its customers and ensures that the processing of data complies with the provisions of the privacy legislation pursuant to Legislative Decree 196/2003 and EU Regulation 679/2016. The personal identification and tax data acquired directly and/or through third parties by Ar.pa Lieviti Srl, autonomous data controller, are collected and processed in paper, computer, telematic form, in relation to the processing methods with the purpose of registering the order and activating the procedures for the execution of this contract and the related necessary communications, in addition to fulfilling any legal obligations, as well as to allow an effective management of commercial relationships to the extent necessary to perform the requested service best (art. 24, paragraph 1, lett. b, d.lgs. 196/2003 and Art. 6 of EU Regulation 679/2016). Ar.pa Lieviti Srl undertakes to treat confidentially the data and information transmitted by the Buyer and not to disclose it to unauthorized persons, nor to use it for purposes other than those for which it was collected or to transmit it to third parties. Such data may only be exhibited at the request of the judicial authority or other authorities authorized by law. Personal data will be communicated, after signing a commitment to confidentiality of the same data, only to persons delegated to carry out the activities necessary for the execution of the contract concluded and communicated exclusively for that purpose. Regarding your personal data, you are informed that you can exercise the rights provided by art. 15 and following of the EU Regulation 679/2016, as well as by art. 7 of the Privacy Code, as follows: 5.1 Access to the following information:
- purposes of the processing,
- categories of personal data concerned,
- recipients or categories of recipients to whom such personal data have been or will be communicated, in particular if recipients of third countries or international organizations,
- the existence of the right of the data subject to request the data controller to rectify or delete personal data or restrict the processing of personal data concerning him or her or to object to their treatment; 5.2 Rectification, meaning: correction of inaccurate personal data concerning him or her without undue delay, integration of incomplete personal data, also by providing a supplementary statement; 5.3 Deletion of data concerning you without undue delay if:
- the data are no longer necessary in relation to the purposes for which they were collected or otherwise processed,
- a revocation of consent is formulated and there is no other legal basis for the processing,
- you oppose the processing and there is no overriding legitimate reason to proceed with the processing,
- personal data have been unlawfully processed,
- personal data must be deleted to comply with a legal obligation,
- personal data have been collected in relation to the offer of services of the information society; 5.4 Limitation of processing:
- if you contest the accuracy of personal data, for the period necessary for the data controller to verify the accuracy of such personal data
- when the processing is unlawful and you oppose the deletion of personal data and request instead that its use be limited,
- when personal data are necessary for you to establish, exercise, or defend a legal claim, although the data controller no longer needs them for processing purposes,
- if you object to processing by virtue of the right of opposition; 5.5. Receive notification in case of rectification or cancellation of personal data or limitation of processing; 5.6. Data portability: i.e., the right to receive in a structured, commonly used, and device-readable format the personal data concerning you and has the right to transmit such data to another data controller, provided that: the processing is based on the expressed consent of the data subject for one or more specific purposes or occurs on the basis of a contract signed with the data subject and the processing is carried out by automated means; 5.7 Opposition at any time, for reasons related to your particular situation, to the processing of personal data concerning you. You have the right to lodge a complaint with a supervisory authority if you believe that the rights listed here have not been recognized. To exercise the rights mentioned above, you can contact the Data Controllers, by sending a registered letter A/R to Ar.pa Lieviti Srl, Via Emilia, 268, 40064 Ozzano dell'Emilia (BO), Italy, Tel.+39 051 799392, an email to the address info@arpalieviti.it. The communication of personal data by the Buyer is a necessary condition for the correct and timely execution of this contract. In the absence, it will not be possible to proceed with the Buyer's request. In any case, the data acquired will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. Their removal will still occur in a secure manner. Further information on the privacy & cookie policy adopted on the site www.arpalieviti.shop can be found in the specific sections.
Art. 21 – Methods of archiving the contract Pursuant to art. 12 of Legislative Decree 70/2003, Ar.pa Lieviti Srl informs the Buyer that every order sent is stored in digital form at the headquarters of Ar.pa Lieviti Srl according to confidentiality and security criteria.