Terms of Sale – La Casa del Prosciutto – Alberti 1906 

These general terms and conditions of sale (the “General Terms and Conditions“) govern the offer and sale of Products through the lacasadelprociuttishop.com  website (the “Site“) to Consumer Customers (as  defined below). 

The Website is a platform owned by the company “Alberti S.r.l. a socio unico” (hereinafter, the “Company“), with registered office in Via Teobaldo Ciconi, 30, 33038 San Daniele del Friuli (UD) registered in the Udine Business Register, under no. 180556, tax code 01560280305, e-mail info@lacasadelprosciutto.com, which allows you to put in contact our companies and buyers, for the purpose of buying and selling goods online.

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The Company is the full owner of the Site, as well as of the trademark “La Casa Del Prosciutto” (the “Brand“) affixed to the food products, of a perishable nature, offered for sale, or those bearing the wording “Distributed by Alberti S.r.l.”(the “Products“). 

1. Scope of the General Terms and Conditions

1.1. The offer and sale of the Products on the Website are governed by Chapter I, Title III (Articles 45 letters G et seq.) of Legislative Decree No. 206 of 06/09/2005 (the “Consumer Code“) and by Legislative Decree No. 70 of 9 April 2003, containing the regulation of electronic commerce, together, as far as necessary, by the supplementary provisions of EU Regulation 1169/2011/EU.

1.2. These Terms of Sale apply to contracts concluded between consumer Customers (as  defined below) and the Company concerning the purchase and sale of Products through the Site and are made available to the User on the home page of the Site by clicking on “General Terms and Conditions“

1.3. The Company reserves the right to unilaterally modify, at any time and for any reason, these General Terms and Conditions, it being understood that any changes or additions to them will be in force from the day following their upload. Consumer Customers are therefore informed that for the purposes of the applicability of the General Conditions, the date of sending the Purchase Order (as  defined below) will prevail. 

1.4. Before proceeding with the purchase of Products through the Site, the user, as a consumer Customer (as  defined below), or a non-consumer (the “User“), is required to carefully read these General Conditions, which the Company makes available for free consultation in the “Conditions of Sale” section. of the Site and of which it is permitted to store and reproduce, as well as all other product and contractual information that the Company provides on the Site, both before and during the Purchase procedure.

1.5. The Company is not responsible for the provision of services and/or the sale of Products by parties, other than the Company itself, who are present on the Site through links, banners or other hypertext links. The Company does not carry out any control and/or monitoring of the websites that can be consulted through these links and, therefore, is not responsible for the contents of these websites or for any errors and/or omissions and/or violations of the law by them.  

1.6. You will be asked to confirm your acceptance of these Terms and Conditions before placing a Purchase Order (as  defined below) for the Products. Failure to accept these General Terms and Conditions will not allow the User to order Products from the Site. Therefore, the placing of an Order by each Customer will be considered as irrevocable acceptance of these General Terms and Conditions by the same.

1.7. It is expressly understood that these General Terms and Conditions do not affect the validity and effectiveness of the legal provisions in force for the protection of the consumer, including the provisions of Title III, Chapter I, with regard to distance contracts concluded with the consumer Customer, where applicable. In any case, the law of the consumer’s State will apply, if more favorable and if it is mandatory.

1.8. For the purposes of these General Conditions, a consumer customer is defined as a “natural person acting for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out” pursuant to Article 3, paragraph 1, letter a) of Legislative Decree no. 206 of 6 September 2005.

1.9. These General Terms and Conditions are drawn up in Italian and English.

2. Registration on the Site 

2.1. For the purpose of completing the Order, the User is required to provide his/her references and data by registering (the “Registration“) on the Site.

2.2. Registration, and consequently the completion of the Order, is allowed only:

2.2.1. to persons who are at least 18 (eighteen) years old at the time of placing an Order and are consumers pursuant to the Consumer Code;

2.2.2. to persons who have the quality of professionals, meaning natural or legal persons acting in the exercise of their entrepreneurial, commercial, craft or professional activity, or through intermediaries; in the event of an Order placed by these types of customers, the provisions of these General Conditions will not apply, with regard to references to consumer regulations.

all hereinafter jointly defined, as a result of the completion of the Order, as “Customers“.

2.3. In the event that the company finds that the documentation produced during the Registration phase is unsuitable or contradictory, it will grant the User a deadline of 15 days to communicate the additions and provide the requested clarifications. 

2.4. Registration on the Site is free of charge and is unique for each User. Registration takes place by filling in the appropriate form, entering the data requested therein, together with a secure password of which the User is solely responsible and knowledgeable. In the event that the Registration takes place directly during the Purchase process, prior to the completion of the Order, the User will also be asked to indicate the billing and delivery address, if different, of the telephone number and identification data for issuing the invoice. It is understood that the completion of the Registration necessarily constitutes acceptance by the User of these Conditions of Sale. 

2.5. The Company reserves the right to delete accounts that originate, by way of example but not limited to: (i) from a User with whom it has an ongoing legal dispute; (ii) by a User who has previously violated the Company’s terms of sale and/or the GDPR 679/2016 privacy regulation and/or other terms of the purchase contract with the Company; (iii) by a User who has been convicted of crimes against property; (iv) by Users registered in the credit bureaus for the issue of unpaid or protested credit securities; (iv) by Users who have provided false, incomplete or otherwise inaccurate identification data or who have not promptly sent the Company the documents requested by the Company as part of the procedure referred to in Article 9 below or who have shared invalid documentation. 

2.6. The data provided during Registration will be processed in compliance with privacy legislation, taking into account what is indicated in the “Privacy Policy” section published on the Website and made freely accessible to the User.

2.7. Registration on the Site allows the User to act, through a reserved and personal area, with the following menus: • order history and details; • my credit notes; • my addresses; • my personal data.

2.8. The registration credentials (e-mail address and password) allow the User to make purchases on the Site. Registration credentials must, therefore, be kept with extreme care and diligence. They can only be used by the User, or by persons authorized by the latter as they are directly referable to him, and cannot be transferred to third parties. The User undertakes to keep them secret and to ensure that no third party has access to them. He also undertakes to immediately inform the Company, by contacting it at the specific address referred to in the following art. 15 in the event that it suspects or becomes aware of improper use or improper disclosure of the same. The Company, in any case, cannot in any way be held responsible for the loss of credentials or for the use of the same by third parties.

2.9. The User declares and guarantees that the personal information provided during the Registration on the Site is complete and truthful and undertakes to hold the Company harmless and indemnified from any claim, including of a compensatory nature, deriving from and/or an undue or erroneous use of the Site, including deriving from the violation by the User of the rules on Registration or on the storage of Registration credentials.

3. Order Procedure and Conclusion of the Contract (the “Agreement”)

3.1. The User places an order by filling in an order form (the “Order Form“) in electronic format, transmitting it to the Company, electronically, following the instructions that will appear from time to time on the Site (the “Order“). Before approving the Order, the User will be required to check the summary of the same, as well as its delivery information and will be able to identify and correct any errors in data entry by following the instructions on the Site. The Order constitutes a binding and irrevocable offer by the Client to purchase the Products detailed therein (the “Products Ordered“). The Order Form will be stored in the Company’s database for the time necessary for the execution of the same and, in any case, within the terms of the law.

3.2. The Customer is allowed to purchase several Products with the same order (the “Multiple Order“).

3.3. Without prejudice to the provisions of the following paragraphs, after payment has been made, the Order may not be modified or cancelled by the Client, unless the Company is available to modify it at the express request of the Client.

3.4. Following the placing of an Order, the Client will receive an automatic email from the Company confirming receipt of the same. This automatic Order Confirmation constitutes only an acknowledgement of receipt of the Order and does not imply acceptance of the Order (the “Summary Communication“), unless such communication also contains an express acceptance of the order and the references referred to in the following paragraph 3.5. The contract for the purchase of one or more Products on the Site (the “Contract“) will be considered concluded only when the Client receives by e-mail the confirmation of acceptance by the Company, with a communication expressly containing what is indicated in the following paragraph 3.5, and only upon successful payment of the consideration. The Company reserves the right to evaluate the Orders received from the Client and to confirm or not the Order received, by contacting the Client directly, and where deemed appropriate, at the references provided in the Order Form. 

3.5. If the Product ordered is available, and the Company accepts the Order received from the Customer, the Company will send a written confirmation of its acceptance to the e-mail address indicated in the Order Form (the “Order Acceptance“). The Acceptance of the Order will bear the identification number assigned by the Company to the Order, the Product(s) purchased, the total amount paid by the Client, the payment instrument used, the delivery address, the delivery term estimated by the Company as well as information relating to any exercise of withdrawal by the Client, as governed by these General Conditions. The Acceptance of the Order will also contain the references to which the Customer may refer for any requests for assistance or for the submission of complaints. 

3.6. In the event that the Company decides not to accept an Order, notice to this effect will be sent to the Client at the email address indicated in the Order Form. It is understood that the Company will refund the amounts already paid to it by the Client in relation to the unaccepted Order, within 30 days and without interest being accrued on the amount to be refunded. By way of example and not limited to, the Company reserves the right not to accept the Order in the event that:

i. irregularities, lack of liquidity or other impediment to the debit of the sum by the Company reported by the bank, by the companies issuing the payment instruments or by another operator to whom the Customer relies to execute the payment;

ii. Orders that are anomalous in relation to the quantity of Products purchased or the frequency of purchases made;

iii. Orders from a Client with whom it has an ongoing legal dispute;

iv. of Orders that come from a Client who has previously violated the conditions and/or terms of a purchase contract with the Company;

v. of Orders that come from a Customer who has been convicted of crimes against property and, in particular, for fraud relating to credit/debit card payments;

vi. of Orders that come from a Client who has provided false, incomplete or otherwise inaccurate identification data or who has not promptly sent the Company the information and/or documents requested by the same as part of the procedure referred to in paragraph 3.1 that precedes.

4. Product Availability

4.1. The Products offered on the Site are present in the electronic catalog published on the Site and viewed by the User at the time of placing the Order.

4.2. Each Product is accompanied by an information page that illustrates its main characteristics. Within the Site there will be a special section containing information regarding the availability of the Product.

4.3. The availability of the Products indicated on the Site refers to the actual availability at the time the Customer submits his Order to the Company and is continuously monitored and updated by the Company.

4.4. However, this availability must still be considered merely indicative, since:

4.4.1. the Site may be visited by several Users at the same time and it may happen that several Users purchase, at the same time, the same Product;

4.4.2. the Products may be sold to other Customers prior to receipt of Order Acceptance;

4.4.3. there may be a computer anomaly such as to make a Product available for purchase that is not actually available.

4.5. If the Products are unavailable for the reasons indicated in the previous paragraph 4.4, or in other cases of unavailability of the Product, without prejudice to the other rights attributed to the Client by law, the Company will notify the Client in writing to the e-mail address provided by the latter in the Order Form. In the event of partial/total unavailability of the Product(s) ordered, the Company cannot be held liable for any damage or prejudice suffered by the Customer due to the lack of immediate availability of the Product(s).

4.6. In the event that the Products are not available for the reasons indicated in the previous paragraphs or, in the absence of such an agreement, within the terms of the law, the consumer Customer is entitled to immediately terminate the Contract, pursuant to and for the purposes of the provisions of art. 61, paragraph V, of the Consumer Code. Alternatively, if it is possible to restock the Product, the Customer will have the right to accept a deferral in the terms of delivery, with indication by the Company of the new delivery term of the restocked Product. In the event that the consumer customer makes use of the right of termination pursuant to art. 61, paragraph V, of the Consumer Code, and the payment of the consideration has already been made, the Company will refund any consideration already paid without delay and, in any case, within 14 calendar days from the exercise of the right of termination by the consumer Customer, without any interest being accrued during this period. The amount of the refund will be communicated to the Customer by e-mail and credited to the same means of payment used by the Customer for the purchase. In the case of payment by bank transfer, therefore, the refund will be made by bank transfer. The Company will ask the Client for the bank details necessary to make the refund. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used. In any case, the value date of the credited amount will be the same as the debit.

4.7. The above paragraphs will also apply in the case of Multiple Orders if all the Products subject to the Multiple Order are unavailable, or only some of them. In the latter case, these rules will apply exclusively in relation to Products that are not available.

5. Product Information

5.1. Without prejudice to the provisions of the previous par. 4.1 and 4.2, the images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. The photographic representation of the Products, however, may differ from the real one due to the settings of the computer systems or computers used by users for their display. The images of the Products on the Site may also differ in size. These images must therefore be understood as merely indicative, taking into account the tolerances of use. For the purposes of the Contract, the description of the Product contained in the Order Form sent will be valid, without the Client being able to claim any claim regarding any discrepancies of a purely aesthetic nature.

6. Prices

6.1. All prices of the Products published on the Site are expressed in euros and are inclusive of VAT, except in the case of Orders placed by EU or international companies. Delivery Costs (as  defined below), which may vary in relation to the delivery method chosen and/or in relation to the payment method used. Delivery and transport costs will be specifically indicated (in euros and including VAT, except as specified above) during the purchase process, before the conclusion of the Contract, in the Summary Communication and in the Acceptance of the Order. 

6.2. The Company reserves the right to change the price of the Products at any time, prior to the conclusion of the Contract, it being understood that the price of the Product that will be charged to the Customer will be the one indicated in the Summary Communication.

6.3. In the event that a Product is offered on the Site at a discounted price, the Site will indicate the full reference price against which the discount is calculated.

6.4. Any promotions on the Site are valid until the promotional Products are exhausted. Promotions cannot be combined. Any free Products with a specific promotion, the same will be valid while stocks last. The complimentary Products may not be exchanged or returned to the Company in any way.

7. Risk Passing 

7.1. The risk of loss or damage to the goods, for reasons not attributable to the Company, is transferred to the consumer customer when the latter, or a third party designated by him and other than the carrier, takes physical possession of the goods. 

7.2. The risk is transferred already at the time of delivery of the goods to the carrier if the latter has been chosen by the consumer customer and this choice has not been proposed by the Company, or if the Company has complied with the specific request of the consumer customer, without prejudice to the rights of the consumer customer against the carrier.

8. Payment methods

8.1. Payment for the Products purchased on the Site is made using the payment methods described in the following paragraphs. Some payment methods may not be temporarily usable, at the time of completion of the Contract, due to the type of Product purchased and/or the delivery or shipping method and, in this case, the Company will communicate to the Customer any change in payment methods to the references in the Order Form.

8.2. Worldline and PayPal service, via credit cards, bank transfer and other permitted payment methods.

8.2.1.The accepted payment methods are indicated during the purchase phase.

8.2.2.The Company uses the Worldline and PayPal secure payment services, whose operating methods and data processing are communicated to the Customer via the website https://worldline.com/en/compliancy/privacy and https://www.paypal.com/myaccount/privacy/privacyhub

The confidential data of the credit card (card number, holder, expiration date, security code) and the current account will be uploaded to the payment manager’s website.

The Company, therefore, does not have direct access to the payment data and does not store or process them.

9. Methods, costs and terms of delivery

9.1. Deliveries of the Products are made within the territory of the European Union and the following countries: Vatican City, Republic of San Marino, Liechtenstein, Switzerland and the United Kingdom. The obligation to deliver is deemed to have taken place through the transfer of the material availability of the Product to the Customer, unless the Customer promptly and expressly refuses delivery for serious and justified reasons.

9.2. The Company will notify the Customer, by e-mail, of the delivery and acceptance of the Product by the carrier, also communicating the tracking code through which the Customer can check the status of the shipment.

9.3. Delivery costs (the “Delivery Costs“), unless otherwise expressly agreed, are to be borne by the Client. Delivery Costs will be indicated, in euros and including VAT (where applicable), expressly in the Summary Communication or, in any case, prior to the Acceptance of the Order. 

9.4. If it is necessary to proceed with the reimbursement of the Delivery Costs with reference to the case of withdrawal referred to in the following article 10, the Company will proceed with the reimbursement of the Delivery Costs only if the Client intends to withdraw from the Order or from the entire Multiple Order (I.e..where the withdrawal concerns all the Products). In this case, the Delivery Costs will be refunded in full. Otherwise, the refund will not take place, in consideration of the fact that the Shipping Costs incurred by the Client are attributable to the delivery of the other Products, other than those for which the Client has exercised the withdrawal, which are part of the Multiple Order.

9.5. For each sale made on the Site, the Company will issue the necessary tax documentation, sending it to the Client by e-mail, or, in the case of purchase by a legal person/company, by SDI. For the issuance of the invoice, the information provided by the User at the time of transmission of the Order Acceptance and which the Customer guarantees to be true will prevail. No change in the invoice will be possible after the invoice has been issued. Any errors may be disputed within 8 (eight) days of receipt of the products. The Company, if necessary and having detected the effectiveness of the error, will issue a credit note to the Client and will prepare a new tax document to justify the sale carried out. In any case, it is understood that the Client undertakes to hold the Company harmless and indemnified from any claim and/or damage that may arise from it, including any sanctions, in the event that the data provided by the Client through the Website for the issuance of the invoice are not true or current.

9.6. The Products purchased on the Site will be sent and delivered to the postal address indicated by the Customer in the Order Form.

9.7. Delivery terms are those estimated in the Order Acceptance and start from the receipt of the Order Acceptance. Delivery terms are calculated for consecutive working days. 

9.8. The Customer acknowledges that the collection of the Product is his precise obligation. In the event of non-delivery due to the absence of the recipient, the courier will leave a notice to document the delivery attempt (so-called “Courier Report”). notice of passage). The notice will also contain the contact details where the Customer can contact him to arrange the return or collect the package. After the first delivery attempt, the package will be stored by the courier. The Customer is required to collect the package within 24 hours from the first day following the day on which the delivery note was left. In the event that the Client does not collect the Product within this period, the Contract may be considered terminated by law, pursuant to and for the purposes of art. 1456 of the Italian Civil Code. 

9.9. The Client is required to indicate the telephone number to call for delivery, any information to reach the place of delivery of the Product and/or its location, by inserting a note to the Order, in the space provided at the end of the purchase process and before sending the Order. In the event that the Client does not provide such information or provides incorrect information, the Client will be responsible for any additional Delivery Costs that the Company must bear in order to complete the delivery of the Product.

9.10. In the event that the purchased Product is not delivered or is delivered late with respect to the delivery terms with a possible fluctuation of 48 hours, indicated in the Order Acceptance, the Client, pursuant to Article 61, paragraph 3, of the Consumer Code may invite the Company to make the delivery within an additional term appropriate to the circumstances (“Additional Term”). If the Additional Term expires without the Products having been delivered to him, the Customer is entitled to terminate the Contract in accordance with the law. 

9.11. It is expressly understood that the Company cannot be held responsible for any inefficiencies and/or delays not attributable to it, even in the event that they derive from Force Majeure Events (as  defined below) or fortuitous circumstances. 

9.12. Acceptance of the Additional Term must be promptly communicated to the Company. by e-mail to the Customer Service address referred to in art. 15 that follows.

9.13. It is the Customer’s responsibility to check the condition of the Product that has been delivered to him. The Customer is therefore recommended to check the Products received as well as the integrity of the packaging and is invited, in his interest, to indicate any anomalies on the carrier’s transport document, accepting the package with reservation. The unreserved receipt of the Products, in fact, does not allow the Client to take legal action against the courier, in the event of loss or damage to the Products, except in the case where the loss or damage is due to wilful misconduct or gross negligence of the courier itself and except for partial loss or damage not recognizable at the time of delivery,  provided that in the latter case, the damage is reported as soon as it is known and no later than seven days after receipt. In the event that the packaging shows obvious signs of tampering or alteration, the Customer is also recommended to promptly notify Customer Service. In any case, the application of the rules on the right of withdrawal and the Legal Guarantee of Conformity, referred to in the following articles. 10 and 11 that follow.

10. Right of withdrawal

10.1. The Consumer Customer has the right to withdraw from the Product Purchase Contract, pursuant to and for the purposes of Article 52 of the Consumer Code, for any reason, within fourteen calendar days (the “Withdrawal Period“).

10.2. The Withdrawal Period expires after 14 days:

10.2.1. in the case of an order relating to a single Product, from the day on which the consumer Customer or a third party, other than the carrier and designated by the consumer Customer, acquires physical possession of the Products;

10.2.2. in the case of Multiple Orders with separate deliveries, from the day on which the consumer Customer or a third party, other than the carrier and designated by the consumer Customer, acquires physical possession of the last Product.

10.3. To exercise the right of withdrawal, the Consumer Client must inform the Company, before the expiry of the Withdrawal Period, of his decision to withdraw. To assert their right of withdrawal, the consumer customer will be responsible for:

10.3.1. send to the Company, by the expiry of the Withdrawal Period, by means of a registered letter with return receipt or certified email addressed to the following addresses: Alberti S.r.l., Via Teobaldo Ciconi n. 30 – 33038 – San Daniele del Friuli (UD); Certified email: casapros@legalmail.it (the “Notice of Withdrawal“) an explicit declaration of his/her decision to withdraw from the Contract, indicating the Order number, the Product(s) for which he/she intends to exercise the right of withdrawal and his/her address for the purpose of returning the same.

10.3.2. verify that the Product has been kept with the utmost diligence and is completely intact, in a normal state of conservation, perfectly suitable for the use for which it is intended and free of signs of tampering or dirt, complete in all its parts, inside its original packaging and accompanied by identification tags, labels and seal, if any,  still attached to the Product and intact and not tampered with;

10.3.3. return the Product(s), sending it back to the Company (with the original packaging and transport document, as well as any additional ancillary documentation), without undue delay and in any case no later than 14 calendar days from the date on which the consumer Customer sent the Notice of Withdrawal (the deadline is respected if the consumer sends the Products back before the expiry of the fourteen-day period,  taking care to keep for evidentiary purposes the relevant delivery receipt issued by the carrier or other person in charge) (the “Return Deadline“).

10.4. The Product is considered returned when it is delivered, within the Return Deadline, to the courier chosen by the consumer Customer. The provisions of paragraph 8.2 regarding the transfer of risk remain unaffected. 

10.5. The Company will refund the Consumer Customer the amount of the Order, excluding the shipping costs relating to the Order (the “Refund“), within 14 (fourteen) days from the day on which it received the returned Product(s) from the Consumer Customer at its premises.  The amount will be refunded by the same means of payment used by the Consumer for the payment of the Order, unless otherwise expressly requested by the Consumer Customer and provided that the Company does not incur any costs as a result of the Reimbursement.

10.6. For the above, the Company reserves the right to withhold the Refund, even beyond the aforementioned term, until it has received and fully verified the returned Products. The right of withdrawal, in fact, applies to the Product in its entirety. It may therefore not be exercised in relation to parts of the Product.

10.7. In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, or with the procedures described in this article and, in particular, in the event that the Product(s) is not intact in all its parts and/or is missing the original packaging, or even when it is damaged or used by the consumer Customer,  it will not entitle you to a refund. The Company will notify the consumer Customer within 5 working days of receipt of the Product, rejecting the request for refund. The Product, if already received by the Company, will remain at the Company, or at a warehouse identified by the same, available to the Consumer Customer for collection, which must take place, within a maximum period of 1 month from the aforementioned communication, at the expense and under the exclusive responsibility of the Consumer Customer.

10.8. It is understood that if the Consumer Customer does not collect the Product within the aforementioned term of 1 month, it shall be considered that the same has waived the return of the Product itself and the possibility of making any dispute or claim in relation to the conformity assessment of the Product expressed by the Company. In this case, the Company will be freely authorized and entitled to use the Product for any other purpose or purpose.

10.9. For anything not expressly provided for therein, full reference is made to the discipline of art. 52 et seq. of the Consumer Code. 

11. Warranties and Lack of Conformity

11.1. All Products sold on the Website are covered by the legal guarantee of conformity provided for by articles 128 et seq.  of the Consumer Code (the “Legal Guarantee“).

11.2. The Consumer Legal Warranty is reserved for consumer customers. 

11.3. The Company (and, therefore, with regard to purchases made on the Site) is liable to the Consumer Customer for lack of conformity, pursuant to the regulatory framework referred to in art. 11.

11.4. In the event of lack of conformity of the Products, the Customer must immediately contact the Customer Service at the references referred to in art. 15. The Customer is entitled, at his choice and provided that the type or availability of the Product allows it, to a replacement, or to an appropriate reduction in the price or to the termination of the contract.

11.5. In the event of a Product deemed by the Customer to be non-compliant, the latter is asked to keep the Product in its almost total entirety and to report the alleged non-conformity to Customer Service. The Company will intervene as soon as possible by providing precise instructions to the Customer, to schedule the return in order to carry out an in-depth verification of the alleged non-conformity.

11.6. Any non-conformities of the Product, which do not fall within the lack of requirements referred to in art. 129 of the Consumer Code, i.e. deriving from the carrier’s liability for incorrect application of the rules on the transport of foodstuffs. In such cases, except in the case of wilful misconduct or gross negligence, the Company cannot be held responsible for any discrepancies in the Product delivered, thus waiving the Client any claim, including compensation, against the Company.  

12. Force Majeure Events

12.1. The Company shall not be liable for any failure or delay in performance of its obligations hereunder, where such failure is due, even partially, to circumstances beyond the reasonable and foreseeable control of the Company (hereinafter referred to as “Force Majeure Events“).

12.2. Force Majeure Events include, but are not limited to, the following circumstances:

i. strikes, lockouts and other industrial disputes;

ii. civil mobilizations and insurrections, invasions, terrorist attacks or threats of terrorist attacks, armed conflicts (declared or not) or threats or preparation of conflicts;

iii. fires, explosions, storms, floods, earthquakes, or other natural disasters;

iv. pandemics and epidemics;

v. impossibility of using public or private means of telecommunications.

13. Food Compliance

13.1. The Company represents and warrants that the Products are covered in compliance with the following regulatory framework:

a) Consumer Code art. 103 et seq.;

b) self-control and HACCP system; for “Prosciutto di San Daniele” brand products, also by:

a. Production regulations issued with provv. of 21/03/2007;

b. d) Regulation (EC) No. 510/2006, Protection of Geographical Indications and Designations of Origin of Agricultural Products and Foodstuffs N.CE: IT-PDO-0117-01149 of 19/08/2013;

13.2. The Company informs that, for any complaints from the Customer, it is possible to contact the Customer Service referred to in Article 16 below. The Company, within 5 working days of receipt of the complaint, will contact the Client to verify the timing and methods of handling the dispute.

14. Applicable law, jurisdiction and out-of-court dispute resolution

14.1. These General Terms and Conditions and, therefore, the Contracts entered into with the Customers, are governed by and must be interpreted in accordance with Italian law.

14.2. This is without prejudice to the application of any more favourable and mandatory provisions provided for by the law of the country in which they reside, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in the event of exercising this right,  the methods and formalities of the communication of the same and the legal guarantee of conformity.

14.3. Any dispute that may arise between the Company and the consumer Customer regarding the purchase of the Products will be referred to the exclusive jurisdiction of the court of the place of residence or domicile of the consumer Customer.

14.4. Pursuant to Article 141-sexies, paragraph 3 of the Consumer Code, the Company informs the Consumer Customer that, in the event that he/she has submitted a complaint directly to the Company, as a result of which it has not been possible to resolve the dispute thus arised, the Company will provide information regarding the Alternative Dispute Resolution body or bodiesfor the out-of-court settlement of disputes relating to obligations arising from a contract concluded on the basis of these General Terms and Conditions (i.e. ADR entities, as indicated in Articles 141-bis et seq. of the Consumer Code), specifying whether or not it intends to use these entities to resolve the dispute itself. The Company also informs the Consumer Client that a European platform for the online resolution of consumer disputes (the “ODR Platform”) has been established. The ODR Platform can be consulted at the following address http://ec.europa.eu/consumers/odr/. Through the ODR Platform, the consumer customer will be able to consult the list of ADR entities, find links to the website of each of them and start an online resolution procedure for the dispute in which he is involved. In any case, the right of the Consumer Customer to bring an action before the ordinary court with jurisdiction over the dispute arising from these General Terms and Conditions, whatever the outcome of the out-of-court settlement procedure, as well as the possibility, where the conditions are met, to promote an out-of-court settlement of disputes relating to consumer relationships by resorting to the procedures referred to in Part V,  Title II-bis of the Consumer Code.

14.5. For any cross-border dispute relating to the application, execution and interpretation of these General Terms and Conditions, the Client, who is habitually resident or domiciled in a member state of the European Union other than Italy, may bring the European Small Claims Procedure established by Council Regulation (EC) No. 861/2007 of 11 July 2007 before the competent court,  provided that the value of the claim does not exceed, excluding interest, fees and expenses, Euro 5,000.00 on the date on which the competent court receives the claim form. The text of the Regulations is available on the https://eur-lex.europa.eu/eli/reg/2007/861/oj website 

15. Customer service

15.1. The Customer may request information, send communications or submit complaints by contacting the customer service of ALBERTI S.r.l. (“Customer Service“) in the following ways:

i. by e-mail to “Customer Service“, at the address info@lacasadelprosciutto.com;

ii. by phone, at +39 0432-957422;

iii. with regard to the protection of privacy: loss of data and theft of credentials, at the info@lacasadelprosciutto.com address;

15.2. The Company will respond to complaints by email or post within five business days of receipt of the complaint.

Last update of these General Terms and Conditions: 01/08/2024