(under Chapter I, title 3, section 3 of the Legislative Decree no. 82/2005 and subsequent amendments and additions)
1. Introduction and applicability of the General Conditions
These general conditions of sale (hereinafter, “General Conditions”) govern the purchase of products and services, carried out remotely and made available via the internet, from the site www.fortunatiantonio.com (hereinafter, the “Website”) in compliance with Italian regulations of Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, “the Consumer Code“).
The seller of the products and the Website owner is: Tartufi e Funghi Fortunati Antonio Srl, with registered office in Via Flaminia 74, 06042 Campello sul Clitunno, PG. VAT registration number at the Company Records Office of Perugia: 02180510543, REA: CN-PG-184195 – e-mail: firstname.lastname@example.org.
The client who accesses the Website to make purchases (hereinafter, the “Customer”) shall, before sending the order, carefully read these Terms and Conditions made available on the Website and available at all times to the Customer also via the link in the order confirmation email for reproduction and storage.
In the event that the person purchasing from the Website requires an invoice and/or is not a “consumer or user” as defined by art. 3, paragraph 1, comma a) of the Consumer Code, the cancellation rights as described in Articles 7 and 8 of the General Conditions will not apply nor, more generally, the provisions that apply only to “consumers” according to the Consumer Code.
The contracts concluded with Tartufi e Funghi Fortunati Antonio Srl through the Website are regulated by these General Conditions in accordance with Italian legislation. The language used to conclude the contract is Italian.
2. Choosing and Ordering Products
The features and the price of the various products offered on the Website (hereinafter, the “Product” or “Products“) are shown on each product page.
With the confirmation of the order, which is equivalent to a contract offer, the Customer acknowledges and states they have read all the instructions provided during the purchasing procedure and fully accepts the current General Terms and payment Conditions.
The contract between Tartufi e Funghi Fortunati Antonio Srl and the Customer shall be concluded with the acceptance of the order by Tartufi e Funghi Fortunati Antonio Srl. This acceptance is communicated to the Customer through an order confirmation email containing a reference to the current Terms and Conditions, order number, shipping and billing date and a list of Products ordered with their main features and the total price, including shipping costs. The client will check the confirmation email and, if any errors are found, will have 12 hours from receiving the email to contact the Customer Service directly from the Website using the suitable contact form available from the “Contact” tab. After that time, the order will be processed for shipping and no further changes will be accepted, without prejudice to the Customer’s rights as described in Article 7.
After receiving the order, Tartufi e Funghi Fortunati Antonio Srl will check the availability of stock for the order. In the event that one or more Products are not available, the Customer Service will send a prompt email to the Customer, who, within the following 12 hours, will be able to confirm the shipment of other possible Products available or cancel it. In case of failure to respond within that period, the order will be deemed confirmed and the available Products will be shipped. In this case, the entire amount for the missing Products will be reversed or, in any case, depending on the chosen payment method, the Customer will not be charged.
3. Product Information
The information and specifications relating to the Products are available on the Website with the relevant Product codes.
The visual representation of the Products on the Website, if available, usually corresponds to the photographic image accompanying the description. It is understood that the image of these Products has the sole purpose of presenting them for the sale and may not be fully representative of their features and quality, but differ in colour and size. In case of a discrepancy between the image and the written Product description, the description on the Product sheet shall prevail.
4. Prices and Shipping
Product prices include all taxes and fees. All prices are expressed in Euro. The shipping cost varies according to the total weight of the purchased Products and the final destination of the shipment. In the Shopping Cart page, and later in the Checkout process, the user can view the final shipping cost before confirming the order (after specifying the destination of the goods).
Deliveries are made throughout the EU.
Shipping within Italy:
Shipments within the Italian territory are delivered via express courier GLS.
Shipments outside the Italian territory, but within the EU, are delivered via express courier DHL.
More detailed information about which countries we ship to, shipping methods and costs is available on the Shipping & Delivery page.
5. Payment and billing methods
5.1 Payment methods
The Customer may pay the price of the products and the shipping expenses via PayPal, bank transfer and cash on delivery.
After confirming the order, the Customer can make the payment using their existing PayPal account or a bank card (including prepaid cards), or using any of the other methods accepted by PayPal and in compliance with the relevant conditions.
The Customer must make the payment within 3 days from order date for orders of Products and within 1 day for orders for events and/or courses. Should the Customer fail to make the pertinent bank transfer within this deadline, the order will be cancelled and the goods will be returned to the inventory and made available for purchase by other Customers. Customers who fail to make the transfer may be contacted by the Customer Service to clarify whether the cause of the transfer failure is attributed to the Customer’s wish not to confirm the purchase or to other causes.
Bank account details for the bank transfer:
Name: Tartufi e Funghi Fortunati Antonio SRL
Banca: Cassa di Risparmio di Spoleto S.P.A.
Reference: the Customer must indicate the date and order number, which are communicated in the confirmation email (eg. “Order 01/01/14 n. 100012345”).
Cash on delivery
This payment method is available only for shipments within Italy and only for orders under 500.00 €. Payment will be made upon reception of the goods and can only be made in cash. For shipments using this payment method, the Customer is required to pay an extra shipping cost of 5.00 € + 3% of the total order price.
5.2 Billing of orders
If the purchase is made by a professional, it will be possible to request an invoice by selecting the appropriate box during the order procedure and inserting the billing information including fiscal code and/or VAT number. In this case, the invoice will be sent via email to the address indicated. The professional is responsible for entering the correct billing information and is expressly informed that, if no invoice is requested during the ordering phase, it will not be possible to request it subsequently.
6. Transport and delivery
The Products purchased on the Website will be delivered to the address indicated by the Customer during the purchase procedure in the “Shipping information” field.
All purchases will be delivered by express courier (hereinafter, “Courier“) from Monday to Friday, except on national holidays and festivities. Tartufi e Funghi Fortunati Antonio Srl is not responsible for unforeseeable delays or may not be held responsible for them.
Once the products are shipped, the Customer will receive a confirmation email with a tracking link for the shipment.
Generally, except in cases of force majeure or unforeseeable circumstances, the Products ordered will be delivered within a period of 3 (three) working days from the day when Tartufi e Funghi Fortunati Antonio Srl confirmed the order to the Customer by a specific order confirmation e-mail.
7. Cancellation policy
The Customer is entitled to cancel the contract in accordance with the Legislative Decree no. 21 of the 21st of February 2014.
To exercise the cancellation right, the Customer must follow the instructions found in the pages of this website dedicated to the Cancellation Policy.
8. Errors and Limitations of Liability
The information regarding the Products provided through the Website is regularly updated. However, it is not possible to guarantee the complete absence of errors, for which Tartufi e Funghi Fortunati Antonio Srl cannot be held liable, except in cases of wilful misconduct or gross negligence.
Tartufi e Funghi Fortunati Antonio Srl reserves the right to correct any errors, inaccuracies or omissions even after an order has been made, or change or update information at any time without prior notice, without prejudice to the rights of the Customer under these General Conditions and of the current Italian Consumer Code.
Excluding wilful misconduct or gross negligence, all of the Customer’s rights to damages or compensation shall be excluded, as well as any contract or tort liability for direct or indirect damages to people and/property caused by the non acceptance or fulfilment, even partial, of an order.
Tartufi e Funghi Fortunati Antonio Srl promotes a responsible alcohol consumption and is excluded of any responsibility, except in the case of wilful misconduct or gross negligence, in the event of a purchase made by minors under 16 years of age.
9. Applicable law and competent jurisdiction
The sales contract between the Customer and Tartufi e Funghi Fortunati Antonio Srl is concluded in Italy and governed by Italian law. Any disputes concerning the interpretation, execution or termination of these General Conditions or of individual purchase orders, if the Customer is a consumer under the Italian Consumer Code, shall be of the exclusive competence of the Court of the town or municipality of residence or domicile of the Customer, if located in Italian territory; in all other cases, the applicable jurisdiction shall be that of the Court of Spoleto.
According to Article 1341 of the Italian Civil Code, the Customer declares to have read and specifically accepted the following articles of these General Conditions: 6 (Responsibility for Delays in Delivery), 8 (Right to Correct Errors – Liability Disclaimers).