Terms and conditions

Terms and conditions

1. AIM

The following Terms of Sale, formulated in accordance with the laws in force concerning contracts concluded away from business premises govern all orders placed through the Internet to NotOnlySpaghetti Ltd. 

The same may be updated or changed at any time from Not Only spaghetti Ltd., which will communicate to customers through the appropriate channels of communication.
It is the responsibility of the customer / buyer / consumer, whenever a change in the terms and conditions provide for their printing and storage.
The General Sales Conditions applicable are those in force at the time of order process. 
By placing an order you declare that you have read, understood and accepted these Terms of Sale.

NotOnlyspaghetti LTD calls, therefore, a careful reading of these Conditions before using the services provided on its website.

The seller of the products and owner of the website is www.notonlyspaghetti.com:
 now NOT ONLY SPAGHETTI Ltd. (Not only spaghetti), based at :

Osimo Station
24 maestri del lavoro, capital share EUR 10,000
iv, registered at the Chamber of Commerce of Ancona
Fisc. Cod. 02683150425 

In the person of its legal representative pro-tempore Mr. Bravi

Hereinafter referred to as the seller.

2. Contract Subject

The site is intended for business transactions between entrepreneur and consumer / purchaser;
 The site is the venue between demand and supply of the products supplied by notonlyspaghetti Ltd. and conclude sales contracts online;

The term "General Sales Conditions" means the purchase agreement relating to the assets of the Seller, signed between them and the Buyer under a system of organized distance sales by the Seller;

For such contract, a technological distance communication through the Internet will be used;

The purchase within the site from buyers is regulated by these Terms of Sale;

The Buyer covers the capacity of consumer, meaning the person who performs the purchase, under this agreement, for purposes not related to their commercial or professional activity;

This contract - and the conditions of - exclusively concerning the sale to a buyer / consumer, as specified in the previous line;

In the case in which the person making purchases on the Site requires the issuance of the invoice and / or anyway is not a "consumer or user" as defined by art. 3, paragraph 1, lett. a) of the Consumer Code, shall not apply the discipline of withdrawal pursuant to Art. 13 of these General Conditions or, more generally, forecasts that under that Consumer Code apply only to "consumer".

All contracts will be concluded through direct access by the Purchaser to the corresponding website at www.notonlyspaghetti.com, using the procedures for access to the private area of ​​the site dedicated to trading online;

3. Site Registration

Registration on the www.notonlyspaghetti.com website assumes that mandatory information provided is correct and complete.  NotonlySpaghetti Ltd. invites, therefore, the users to ensure exact indication of them and to communicate any change of address or other changes, ensuring timely updating of their personal data given at registration. 

4. Order Procedure

The features and price of the various products for sale on the site are given on the page for each product.

For the purchase of products, the Customer must complete and submit the order form in electronic format, following the instructions on the site.

The buyer shall add the product to the shopping cart, after having read both the Terms and Conditions and Privacy Policy and confirmed for acceptance, will duly enter shipping information and possible billing, select the desired payment method and confirm order.

By placing an order on the Site, which has contractual proposal, the customer unconditionally accepts and agrees to observe in its relations with the seller, the general conditions and payment described below.

Notonly spaghetti Ltd. offers its products on this website within the limits of available stocks.
In the event that one or more products should not result available, the service will send Notonly spaghetti clients prompt notice via email, within the following 12 hours, who shall be entitled to respond to confirm the dispatch of any additional products available or cancel it.
In case of no response within that period, the order will be deemed to be confirmed and the products will be made available for shipping. In this case the entire amount for the missing products will be reversed or otherwise, depending on the payment method, will not be charged to the customer. 

5. Order confirmation

Upon order transmission, Notonlyspaghetti srl will send an order confirmation containing a reference to the General Conditions, the order number, billing and shipping information, the list of products ordered by their essential features and total price, including delivery costs.

This email will constitute a binding obligation to purchase.
The customer will check the confirmation email and if it identifies errors in the order will have 12 hours from the receipt of this email to contact Customer Service directly via references on this website www.notonlyspaghetti.com.

After that time the order will be put in process for shipping, and changes will no longer be accepted, without prejudice to the rights of the client referred to in Article 13.

6. Sales prices and shipping rates

Product prices include all fees and taxes.
All prices are expressed in Euro and are available on the site when you proceed order.

The cost of shipping up to the address indicated by the Buyer in the order will, however, be disclosed to the customer upon confirmation of the order and may vary depending on the weight and destination.
The customer can also simulate the shipping cost by country of destination of the goods before confirming the order.

7. Buyer's Obligations

The buyer's obligations agrees and undertakes, once the purchase is processed, to handle the printing and conservation of the present general conditions, which, however, has already seen and accepted as a necessary step in 'purchase, as well as the specifications of the product purchased, in order to fully satisfy the conditions set out in Leg. September 6, 2005, n. 206. 

It is strictly forbidden for the Buyer to enter false and / or invented and / or fantasy, in the process through the appropriate electronic form; data details and e-mail must be their only real personal data and not some other person, or fantasy.
The purchaser assumes, therefore, the responsibility for the accuracy and veracity of data entered aimed to complete the procedure of purchase.

The Seller reserves the right to prosecute any violation or abuse, and for the protection of consumers / all clients.

The buyer indemnifies the seller from any liability arising from all incorrect tax records because of errors in the data supplied by the purchaser, being the latter the only one responsible for the correct entry.

8. Payments

When the order is completed and confirmed by the customer, a choice between an online payment through Paypal, credit card or by advance bank wire transfer, is given.

9. Permissions

Filling in the payment system space, on the website, the customer authorizes Notonlyspaghetti to use their credit card, or other card issued in replacement thereof or to debit in bank account for the total amount shown as cost of 'purchase made "on line" including VAT and all other taxes. 

The whole procedure is done via secure connection directly linked to the bank owner and operating payment service "on line", which Notonlyspaghetti cannot access.
If the buyer wants to exercise the right of withdrawal, as stated in paragraph 13 of these Sales Conditions, the amount to be refunded will be credited on the same credit card and / or bank account.
With the inclusion, by the customer, the master data in the online process, the same authorizes Notonlyspaghetti to communicate non-sensitive information (eg. Residence, telephone number, etc.)
To carriers and / or forwarding agents used for the delivery of goods purchased to allow the procedures necessary for delivery.

10. Delivery

All products purchased on the Site will be delivered to the address specified by the customer during the purchase process in the field "Data Delivery".

Deliveries will be made only when Notonlyspaghetti has received in its account, the total order settlement.

All purchases will be delivered by courier (hereinafter, "Courier") from Monday to Friday, except public holidays and national holidays.

Notonlyspaghetti is not responsible for unforeseen delays or not attributable to it.

Once the products are shipped, the customer will receive a confirmation email that will include a link for reference to the shipment tracking.

Anyhow, except in cases of force majeure or unforeseeable circumstances, Products ordered will be delivered within 7 (seven) days from the day following that on which Notonlyspaghetti confirmed the order to the customer via a special email order confirmation.

Delivery services active in Italy:

The service includes two delivery attempts at the address indicated on the order. After each step, a notice will be left.
On a second unsuccessful delivery attempt, the Courier will contact the recipient of the order to the telephone number given, to arrange for delivery. If it is not detectable or absent, the goods will return to the warehouse.

Delivery services active abroad:
Express courier 
shipments abroad will take place with various couriers depending on the country of destination to ensure the customer the best available rate. 

11. Package Inspection and responsibilities of the same

The buyer is responsible for verifying the quantity and condition of the merchandise upon delivery. 

In event of irregularity, the status of the packages and quantity ordered, the purchaser will be obliged to report it to the carrier and file a claim on the delivery note.
It is the purchaser's responsibility of the purchaser to inform Notonlyspaghetti, within 7 days of delivery of any defects found, to provide, upon verification of a reserve, eventual replacement of damaged goods or integration of the missing goods ordered.

12. Limitation of Liability

Notonlyspaghetti disclaims any liability for any error or omissions in the photographs or texts displayed on its site as the same are published solely for informative purposes.

Notonlyspaghetti reserves the right to correct any errors, inaccuracies or omissions even after an order has been sent, or to change or update information at any time without prior notice, without prejudice to the rights of the Customer under these General Terms and Conditions and of the Consumer Code.

Notonlyspaghetti cannot be held liable in the event of non-compliance in the products ordered by the international countries' laws and regulations, other than the one in which Notonlyspaghetti is headquartered.
With the exception of intent or gross negligence, no liability may ultimately be attributable to Notonlyspaghetti for any indirect, incidental or consequential by any nature which may occur in connection with its products, with use and the procedures concerning the transaction on- line, even if the possibility of such damages were or could be known by Notonlyspaghetti.

The seller shall not be liable to any party or third parties for damages, losses and costs incurred as a result of failure to execute the contract for the reasons mentioned above, since the customer is only entitled to a refund for money already paid.

Not only spaghetti promotes responsible alcohol consumption and excludes any responsibility at its own expense, except malice or gross negligence, in the case of purchase made by under-16s. 

13. Right to Return

The buyer who for whatever reason is not satisfied with the purchase, has the right to terminate the contract with Notonlyspaghetti, without penalty and without the need to specify the reason. 

He, therefore has the right to refuse the merchandise that did not meet expectations notifying Notonlyspaghetti within 14 days of receiving order by email at contact@notonlyspaghetti.com

Notonlyspaghetti will only accept the return of all products in good condition and in its original packaging, accompanied by the invoice.
In the event that returns are carried out as described above, Notonlyspaghetti refunds the price of the returned merchandise and the invoiced delivery charges within a maximum of 30 days from receipt of the return.

Returned goods transportation costs are the sole responsibility of the purchaser 
In addition to the cases mentioned in the Introduction (customer not consumer and / or requiring the invoice), the right of withdrawal is excluded in the following cases, in accordance with art. 59 Legislative Decree 21/2014:

- Made to measure order products or clearly personalized ones;

- Order products that are liable to deterioration or short expiry;
- Non-returnable sealed order products for hygienic reasons or related to the protection of health or that were unsealed after delivery.

With case reference of exclusion to the recess above, the customer, in particular, is informed and agrees that among the products that "are liable to deteriorate or expire rapidly" fall in all Food (including wines, spirits and beverages) and cosmetics, as the features and quality of such types of products which are also susceptible to alteration as a result of inappropriate conservation.

Therefore, for hygienic reasons and protection towards its customers, the right of withdrawal is only applicable for products purchased on the site that can be returned to Notonlyspaghetti and replaced on the market without endangering the consumers' health (such as books, gadgets, kitchen utensils, etc.).

In cases of exclusion the right of withdrawal, Notonlyspaghetti will return the Customer all Products purchased by charging the same shipping costs.

14. Contract termination and termination clause

NotonlySpaghetti has the right to terminate the contract by simple communication with adequate and justified reasons; in which case the customer shall only be entitled to a refund of the amount already paid.

The obligations assumed by the acquirer in art. 7 (Obligations of the buyer), and the guarantee of successful payment, are essential, so that by express agreement, the failure by the buyer, of one of these obligations will lead to termination of the contract under 1456 cc, without any judicial decision, subject to the right to Notonlyspaghetti to take legal action against the buyer for damages.

15.Warranty Defects and Compliance

In case of lack to conformity in Products sold by Notonlyspaghetti, the Customer should immediately contact Customer Service by using the contact form available on the website via the tab "Customer Support".

The sale of products are subject to the legal guarantees provided by Articles 129, 130 and 132 of the Consumer Code. The customer has the right, option, and subject to the type of product, makes it possible, to restore, without charge, the conformity of the product by repair or replacement, or an appropriate price reduction or termination of contract.
The Customer will lose those rights if no complaint is lodged to Notonlyspaghetti in the lack of conformity within two months from the date on which he discovered the defect, unless it is a product which, in its own nature perishable or subject to maturity in a shorter term, in which case the defect must be reported within that given period.

16. Governing Law and Jurisdiction

These General Sales Conditions are governed by Italian law in force.
 For the solution of disputes concerning the interpretation, performance or termination of these General Terms or individual purchase orders if the customer is a consumer under the Consumer Code, the hometown of residence or domicile if located on Italian territory will be exclusively held responsable; in all other cases, the only local jurisdiction is the forum of Ancona, any other competent court ruled out.

Under article 1341 of the Civil Code the client declares to have read and specifically accepted the following articles stated in the General Conditions: 10 (responsibility for delays in delivery), 12 (Limitations of Liability).