Terms of service

1. Object

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 S.r.l. with the “Pastificio Di Martino Gaetano & F.lli” brand. S.p.A.” and in any case present on the e-commerce site www.pastadimartino.it, with registered office in Gragnano (NA), Via Castellammare, 82 and VAT number 07842171212 and registered with the Chamber of Commerce of Naples, REA NA – 914041.

For any information regarding orders, shipments and, more generally, purchases, you can contact customer care at the following email address: shop@pastadimartino.it

These conditions prevail over any previous written or verbal agreement between the Parties, and are read and accepted by the buyer.

Any purchase and payment order addressed to the company Di Martino Air s.r.l. implies acceptance, without reservation, of these general conditions of sale, the contract is considered concluded at the moment 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 integrate and also apply to the aforementioned documents, unless derogated from. In the event of a conflict, the specifically agreed upon Agreements will prevail over these general conditions.

2. Product Features

These conditions of sale concern pasta, dried durum wheat pasta, fresh pasta, other food products or those branded by third parties but produced by Pastificio Di Martino Gaetano & F.lli. S.p.A with proprietary brands Pastificio Di Martino Gaetano & F.lli. S.p.A. (“Brand”), as well as the products for professional use offered by Di Martino Air s.r.l. such as, for example: equipment, machines, cups, clothing, take-away service products, etc. or other products intended for resale.

The products presented in the brochures and catalogs are exclusively promotional and illustrative in nature and are indicative only.

The professional products sold through these general conditions are for the exclusive use of the Consumer.

3. Conditions of purchase

Conditions applicable to each individual order will be those displayed on the Site at the time of the order itself. 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.

To be able to make purchases through the Site, the Consumer must be of age (18 years) and have the capacity to act, which the Consumer declares to possess.

The Customer, by sending the confirmation of his purchase order, unconditionally accepts and undertakes to observe in his relations with Pastificio Di Martino the general and payment conditions transcribed below, declaring to have read and accepted all the instructions provided to him.

These purchasing conditions must be examined online by customers visiting the website 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 chosen product, the total cost in the case of purchasing multiple products and the transport costs.

By confirming the purchase, upon completion of the transaction, the Customer will receive an email message containing the number, date and total amount of their 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 to the contact details and according to the methods indicated on the Site and to the e-mail address shop@dimartinoair.it.

The provisions of article 8 will not apply to the non-consumer customer and this subject undertakes to resell the products exclusively in his own business and not to use the electronic commerce sales channel directly and/or indirectly through platforms and/or or third party sites. These general conditions of sale will apply to customers who are not considered consumers, excluding the exclusive regulation of consumers as well as the regulatory provisions referred to in Legislative Decree no. 198 of 2021.

4. Order modifications and cancellation

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 modifications made will be effective from the date of publication on the Site and will apply only to sales concluded from that date.

The prices, the Products on 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 sales price.

The Site can be accessed from all over the world. However, the Products available on the Site can be purchased exclusively by users who request delivery in one of the States indicated on the Site.

Di Martino Air s.r.l. will not be responsible for the unavailability of one or more products.

In such an eventuality, Di Martino Air s.r.l. 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, a deviation may occur between the amount of the Products ordered and that of the Products delivered. If the amount of the Products delivered is lower than that of the Products ordered, Di Martino Air undertakes to reduce the amount to be paid upon delivery or to open a credit to the customer, which can be used for subsequent shopping.

5. How to purchase the Products

The purchase order transmitted by the Consumer to the Seller via the Site has the value of a contractual proposal and is governed by these general conditions of sale, which constitute an integral part of the order itself and which the Consumer, by transmitting the order to the Seller , is required to accept it in full and without any reservations.

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 email to the email address declared to the Seller at the time of purchase on the Site or when sending the order. of the order itself, which will contain a summary of the order placed and a description of the characteristics of the Product ordered.

Each purchase contract for the Products is considered concluded when the Consumer receives the order confirmation from the Seller via email.

6. Delivery of goods and acceptance

The order sent by the Customer will be binding for Di Martino Air s.r.l. only if the entire order procedure has been completed regularly and correctly without any error messages being highlighted by the Site. Di Martino Air s.r.l. will not include products not expressly requested by the Customer in the expense.

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 of 30 days starting from the day following that on which the Consumer has transmitted. In the event of failure to execute the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller will provide written communication to the Consumer and will refund any sums already paid by the Consumer for the 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 method selected by the Consumer, among those available and indicated on the Site at the time the order is sent.

If the packaging or wrapping of the products ordered by the Consumer were to arrive at their destination clearly damaged, the Consumer is invited to refuse delivery by the carrier/shipper or to accept delivery "with reservation" specifying the type of damage on the delivery document. damage detected.

7. Prices, duties and taxes

The price of the Products is that indicated on the Site at the time the order is sent by the Consumer. 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 same 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 reported 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 not belonging to the European Union, the total price indicated in the order and reiterated in the order confirmation, including indirect taxes (if applicable) and net of any customs duties and any other sales tax, which the Consumer hereby agrees 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 their country of residence or destination of the products, in order to obtain information on any duties or taxes applied in their country of residence or destination of the products.

Any further costs, charges, taxes and/or duties that a given country may apply, for any reason, to the Products ordered based on these general conditions of sale are the sole responsibility of the Consumer. The Consumer declares that failure to know the costs, charges, duties, taxes and/or taxes referred to above at the time of sending an order to the Seller cannot constitute cause for termination of this contract and 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 s.r.l. – 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 period via e-mail (to the address shop@dimartinoair.it) or telegram, provided that 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 you intend to exercise the right of withdrawal, attaching a copy of the invoice. The Customer must then return the product at his own expense by sending it to Di Martino Air s.r.l. Via Castellammare 82, 80054 Gragnano (NA).

If the withdrawal has been exercised in accordance with the methods described, Di Martino Air s.r.l. will refund the sum paid for the purchase of the product as soon as possible and in any case within 30 days from the date on which Di Martino Air s.r.l. has become aware of the exercise of the right of withdrawal by the Customer, provided that the goods have been received intact by the aforementioned deadline. The refunded amount will be net of delivery costs.

The right of withdrawal is not permitted in the case of:

purchase of sealed packaged products, opened by the Customer;
goods made to measure or personalized;
goods which by their nature cannot be returned or are likely to deteriorate or expire rapidly.

9. Complaints

We do not accept unauthorized returns that have not been previously agreed upon. 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 conform to the customer's requests, the Customer has the right to request delivery or reinstatement of the missing or non-conforming product or credit on the expense subsequent of the amount equal to the value of the product or products in dispute. Communications of the aforementioned anomalies must be made within 3 days of the delivery date, to the addresses indicated in these General Conditions. The costs for replacing the Product are borne by Di Martino Air s.r.l.

Any liability of Di Martino Air s.r.l. is excluded. regarding the poor condition of the products due to inadequate storage after the time of delivery.

10. Applicable law

This contract is intended 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 copyrights

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 or graphic text used on the Site or relating to the Products are and remain exclusive property of the company Di Martino Air s.r.l. or the Pastificio Di Martino Gaetano & F.lli. S.p.a. without the Consumer being able to derive any rights 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 in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without prior written consent.

All contents are protected by copyright legislation and trademark protection legislation and are covered by copyright.

The Site may also contain images, videos, articles, documents, logos and trademarks of third parties who 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 considered to be in the public domain. The aforementioned third-party material is also protected by copyright legislation and trademark protection legislation 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 s.r.l. they are valid until stocks of the products are exhausted and according to the methods indicated from time to time for times and quantities. Promotions cannot be combined.

The products on promotion may be delivered in promotional packages, 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 free of charge 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”).

The 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 the subject of communications between the parties.

The contact data, exchanged or acquired mutually by the Parties upon stipulation and execution of the Contract (hereinafter the "Contact Information"), will be processed by the same in full compliance with the principles and rules contained in European Regulation 679/2016.

The parties authorize themselves to use their names and images in order to carry out all activities necessary for the execution of this agreement.