Terms & Conditions
The terms used in these general conditions of sale apply to all the products referred to in article 2, sold by the company Di Martino Air Srl with the brand name “Pastificio Di Martino Gaetano & F.lli. SpA” and in any case present on the site ecommerce www.pastadimartino.it , with registered office in Gragnano (NA), Via Castellammare, 82 and VAT number 07842171212 and registered with the Naples Chamber of Commerce, REA NA – 914041.
For any information regarding orders, shipments and, more generally, purchases, you can contact customer care at the following email address: email@example.com
These conditions prevail over any previous written or verbal agreement between the Parties, and are read and accepted by the purchaser.
Any purchase and payment order addressed to the company Di Martino Air srl implies acceptance, without reserve, of these general conditions of sale, the contract is understood to be concluded at the time of acceptance of the order by Di Martino Air.
Where the Parties have also signed an agreement ("Agreement") for supplies of a periodic nature, these general conditions supplement and also apply to the aforementioned documents, unless they are waived. In case of conflict, the specifically agreed Conventions will prevail over these general conditions.
2. Product features
These conditions of sale relate to pasta, dry durum wheat pasta, fresh pasta, other food products or third party branded products but produced by Pastificio Di Martino Gaetano & F.lli. SpA with trademarks owned by Pastificio Di Martino Gaetano & F.lli. SpA ("Brand"), as well as products for professional use offered by Di Martino Air srl such as, by way of example: equipment, machines, cups, clothing, products for the take-away service, etc…. or other products intended for resale.
The products presented in the brochures and catalogs are exclusively promotional and illustrative and are only indicative.
The professional products sold through these general conditions are for the exclusive use of the Consumer.
3. Terms of purchase
Conditions applicable to each individual order will be those displayed on the Site at the time of the order. Any new conditions will be effective from the moment of publication on the Site and will apply only to sales concluded subsequently.
The Site is dedicated to retail sales, as such it is intended for the exclusive use of the category of Consumers.
In order to make purchases through the Site, the Consumer must be of legal age (18 years) and have the ability to act, which the Consumer declares to possess.
By sending the confirmation of his purchase order, the Customer unconditionally accepts and undertakes to observe the general and payment conditions transcribed below in his relations with Pastificio Di Martino, declaring that he has read and accepted all the instructions given to him.
These conditions of purchase must be examined online by customers visiting the site www.pastadimartino.com before they confirm their purchases. The forwarding of the order confirmation therefore implies full knowledge of these purchase conditions and their full acceptance.
Before confirming the purchase, the customer will be given a summary of the unit cost of each selected product, the total cost in the event of the purchase of several products and the transport costs.
By confirming the purchase, upon completion of the transaction, the Customer will receive an e-mail message containing the number, date and total amount of his order.
Any communication from the Consumer connected and/or related to the purchase of the Products, including any reports, complaints, requests concerning the purchase and/or delivery of the Products, the exercise of the right of withdrawal, etc; must be sent to the Seller at the contact details and in the manner indicated on the Site and at the e-mail address firstname.lastname@example.org .
The provisions of article 8 will not apply to the non-consumer customer and this person undertakes to resell the products exclusively in his own commercial establishment and not to use the e-commerce sales channel directly and/or indirectly through platforms and/or or third party sites. To customers who are not considered consumers, these general conditions of sale will apply with the exception of the exclusive regulation of consumers as well as the regulatory provisions referred to in Legislative Decree no. 198 of 2021.
4. Changes and cancellation of the order
The Seller reserves the right to modify these general conditions of sale at any time, at its discretion, without the need to provide any notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will apply only to sales completed as of that date.
The prices, the Products for sale on the Site and/or their characteristics are subject to change without notice. Before sending the purchase order, the Consumer is invited to check the final sale price.
The Site can be accessed from all over the world. However, the Products available on the Site can only be purchased by users who request delivery to one of the States indicated on the Site.
Di Martino Air srl will not be responsible for the unavailability of one or more products.
In such an eventuality, Di Martino Air srl undertakes to act according to the instructions provided by the customer (choice to replace the product with a similar one or to eliminate it from the order).
For reasons due to the availability of the products, there may be a discrepancy between the amount of the Products ordered and that of the Products delivered. If the amount of the Products delivered is less than that of the Products ordered, Di Martino Air undertakes to reduce the amount to be paid on delivery or to open a credit to the customer, which can be used for subsequent purchases.
5. How to purchase the Products
The purchase order sent by the Consumer to the Seller through the Site has the value of a contractual proposal and is governed by these general conditions of sale, which form an integral part of the order itself and which the Consumer, by sending the order to the Seller , is required to accept in full and without reservation.
Before proceeding with the purchase of the Products, by sending the purchase order, the Consumer will be asked to carefully read these general conditions of sale and the information on the right of withdrawal.
The Consumer's purchase order is accepted by the Seller by sending the Consumer a confirmation e-mail to the e-mail address he declared to the Seller at the time of purchase on the Site or when sending the order. of the order itself, which will contain the summary of the order placed and the description of the characteristics of the Product ordered.
Each contract for the purchase of the Products is considered concluded when the Consumer receives the order confirmation from the Seller by e-mail.
6. Delivery of goods and acceptance
The order sent by the Customer will be binding for Di Martino Air srl only if the entire order procedure has been completed regularly and correctly without any highlighting of error messages by the Site. Di Martino Air srl will not insert in the expenditure of products not expressly requested by the Customer.
The Seller undertakes to do everything within its power in order to respect the delivery times indicated on the Site and, in any case, to carry out the delivery within a maximum time of 30 days starting from the day following that in which the Consumer has transmitted. In the event of non-execution of the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller will provide written notice to the Consumer and will refund any sums already paid by the Consumer for payment of the Product or will request confirmation for replace the product with another available product.
The shipment of the Products ordered by the Consumer will take place in the manner selected by the Consumer, among those available and indicated on the Site at the time the order is sent.
If the packaging or casing of the products ordered by the Consumer should arrive at its destination clearly damaged, the Consumer is invited to refuse delivery by the carrier/shipper or to accept delivery "subject to" specifying on the delivery document the type of corruption detected.
7. Prices, taxes and fees
The price of the Products is that indicated on the Site at the time the Consumer sends the order. Prices include standard packaging costs, VAT (if applicable), while they do not include shipping costs which are calculated before the order confirmation sent by the Seller to the Consumer and which the Consumer undertakes to pay to the Seller in addition at the price indicated on the Site.
The Consumer must pay the Seller the total price, as indicated in the order and in the order confirmation sent by e-mail from the Seller to the Consumer.
If the Products are to be delivered to a country outside the European Union, the total price indicated in the order and confirmed in the order confirmation, inclusive of indirect taxes (if applicable) and net of any customs duties and any other sales tax, which the Consumer hereby undertakes to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the provisions of the law of the country in which the products will be delivered . The Consumer is invited to inquire with the competent bodies of his country of residence or destination of the products, in order to obtain information on any duties or taxes applied in his country of residence or destination of the products.
Any additional costs, charges, taxes and/or duties that a given country may apply, for whatever reason, to the Products ordered on the basis of these general conditions of sale are the exclusive responsibility of the Consumer. The Consumer declares that the lack of knowledge of the costs, charges, duties, taxes and/or taxes referred to above at the time of sending an order to the Seller, cannot constitute grounds for termination of this contract and that he cannot in any way charge the aforementioned charges to the Seller.
8. Right of withdrawal
The Customer's rights are protected by Legislative Decree 185/99 and subsequent amendments
The Customer therefore has the right to withdraw from the contract, even partially, without explanation and without additional costs, provided that the withdrawal is communicated by registered letter with return receipt to Di Martino Air srl – Customer Service, Via Castellammare 82, 80054 Gragnano (NA), within 14 days from the day of receipt of the products. The communication can be anticipated, within the same by e-mail (at email@example.com) or telegram, provided it is confirmed by registered letter with return receipt within the following 48 hours. This communication must specify the intention to withdraw from the purchase and the product or products for which it intends to exercise the right of withdrawal, attaching a copy of the invoice. The Customer must therefore return the product at his own expense by sending it to Di Martino Air srl Via Castellammare 82, 80054 Gragnano (NA).
We do not accept unauthorized returns that have not been previously agreed. We do not accept returns of sealed packaged products, opened by the Customer.
If the breakage or lack of a product is ascertained, or the presence of an item that does not comply with the customer's requests, the Customer has the right to request the delivery or the reintegration of the missing or non-compliant product or the credit on the expense subsequent amount equal to the value of the disputed product or products. Communications of the aforementioned anomalies must be made, within 3 days from the delivery date, to the addresses indicated in these General Conditions. In the event of a lack of conformity of the product, we will offer you a refund, subject to exceptions. The refund of the sums will take place in any case no later than 14 days from the date on which we confirmed that we will proceed with the refund or replacement of the item assessed as unsuitable.
Any liability of Di Martino Air s.r.l. is excluded. regarding the bad condition of the products due to inadequate storage after delivery.
The right of withdrawal is not permitted in the case of:
- purchase of sealed packaged products, opened by the Customer;
- made-to-measure or personalized goods;
- goods which by their nature cannot be returned or are liable to deteriorate or expire rapidly.
We do not accept unauthorized returns that have not been previously agreed. We do not accept returns of sealed packaged products, opened by the Customer.
If the breakage or lack of a product is ascertained, or the presence of an item that does not comply with the customer's requests, the Customer has the right to request the delivery or the reintegration of the missing or non-compliant product or the credit on the expense of the amount equal to the value of the disputed product or products. Communications of the aforementioned anomalies must be made, within 3 days from the delivery date, to the addresses indicated in these General Conditions. The costs for replacing the Product are borne by Di Martino Air srl
Any responsibility of Di Martino Air srl is excluded regarding the bad condition of the products due to inadequate conservation after the time of delivery.
10. Governing Law
This contract is understood to be concluded in Italy and is governed by Italian law. Although not expressly mentioned, Legislative Decree no. will apply. 198 of 2021 and the rules of the civil code.
11. Intellectual Property Rights and Copyright
The Consumer declares to be informed that all the contents of the site, including documents, trademarks, names, as well as any distinctive sign, denomination, image, photograph, written text or graphic used on the Site or relating to the Products are and remain the exclusive property of the company Di Martino Air srl or of the Pastificio Di Martino Gaetano & F.lli. Spa without the Consumer deriving any right over the same from access to the Site and/or from the purchase of the Products.
The contents of the Site may not be reproduced, either wholly or partially, transferred by electronic or conventional means, modified, or used for any purpose without prior written consent.
All contents are protected by copyright law and trademark protection law and are covered by copyright.
The Site may also contain images, videos, articles, documents, logos and brands of third parties which have expressly authorized the Site Owner to publish them on this website and/or have been acquired and published by the Site Owner in good faith as material believed to be in the public domain. The aforementioned third-party material is also protected by copyright legislation and by the legislation protecting trademarks and is also covered by Copyright. Except for strictly personal uses, it is not permitted to copy, alter, distribute, publish and/or use the contents of this Site without prior and specific authorization from the Site Owner and, in any case, with the express obligation to cite the source.
12. Offers, gifts, promotions
The promotions proposed by Di Martino Air srl are valid until the stocks of the products are exhausted and according to the methods indicated from time to time for times and quantities. Promotions cannot be combined.
Promotional products can be delivered in promotional packs, different from those published on the site. The offer of any free products is valid while stocks last.
No replacement or return is possible in relation to any products received as a gift by the Customer.
13. Data Processing
The parties mutually guarantee that customer data will be processed in compliance with the provisions of Legislative Decree 196/2003, as amended by Legislative Decree no. 101/2018, and of the European Regulation 679/2016 ("GDPR").
Personal data will be included in the manual and electronic archives of the respective parties and will be processed for administrative, legal and fiscal purposes, connected to the activities of the parties, without distinction and will not be communicated between the parties.
The contact data, exchanged or mutually acquired by the Parties on the occasion of the stipulation and execution of the Contract (hereinafter the "Contact Information"), will be processed by them in full compliance with the principles and rules contained in the European Regulation 679/2016.
The parties are authorized to use their names and image in order to carry out all the activities necessary for the execution of this agreement.