1. General Provisions
1.1 These general terms and conditions of sale, which can be printed and stored, refer to the marketing by
the company Il Tomolo S.r.l. with registered office in Naples at via dei Mille 59 80121 Napoli, VAT number IT
09792781214, certified electronic mail (PEC) iltomolosrl@pec.it, of food products purchased from third
party suppliers identifiable through the information on the product packaging.
1.2 Definitions:
- Customer and purchaser: a natural or legal person who, after registering, makes purchases from
the company Il Tomolo S.r.l. through the website www.iltomolo.it
- Consumer customer: the customer who is a consumer pursuant to Article 3(1)(a) of the Consumer
Code
- website: www.iltomolo.it
- General Terms and Conditions of sale: the general terms and conditions governing the purchase of
products from the company Il Tomolo S.r.l. through the website www.iltomolo.it, published in the
General Terms and Conditions of Sale section;
- purchase: any transaction aimed at purchasing, upon payment of the price, products from the
company Il Tomolo S.r.l. through the website www.iltomolo.it;
- account: the set of identification data that enables the customer to access the website
www.iltomolo.it;
- product: any good marketed on the website www.iltomolo.it;
1.3 The provisions of the Consumer Code apply exclusively to consumer customers.
1.4 The customer who accesses the site to make purchases is obliged, before sending the order, to carefully
read these General Terms and Conditions of Sale, since they constitute a binding agreement.
2.Scope of Application
2.1 These general conditions apply to the sale of products made by the company Il Tomolo S.r.l. through
the site www.iltomolo.it. The sale envisaged in these general terms and conditions is a distance contract
through telematic means.
2.2 These General Terms and Conditions of Sale may be amended at any time at the sole discretion of Il
Tomolo S.r.l.. Any amendments and/or new conditions will be applied from the moment of their
publication in the General Terms and Conditions of Sale section of the site.
3.Buyer
3.1 The purchaser may be either a legal person or a natural person. The purchase may be made both by a
person qualifying as a consumer pursuant to Article 3, letter a), of Legislative Decree No. 206 of 06
September 2005 (Consumer Code) and by a person qualifying as a professional pursuant to Article 3, letter
c), of Legislative Decree No. 206 of 06 September 2005 (Consumer Code).
3.2 The purchaser, who is a natural person making the purchase, declares under his/her own responsibility
to be of age.
4.Registration on the site and methods of purchase
4.1 The purchase of products on the site is only possible for users who have previously provided for their
free registration by filling in the form in the Registration section and have received the confirmation email
indicating their access credentials. To this end, the customer undertakes to communicate the personal
information requested in a complete and truthful manner. Registration shall allow the customer access to
the Reserved Area.
4.2 Registration credentials are strictly personal and may only be used by the registered customer who is
the holder of them. Therefore, the customer undertakes to keep them secret and to ensure that no one has
access to them, promptly informing the company Il Tomolo S.r.l. in the event of any suspicion of their
improper use and/or disclosure.
4.3 The customer shall be liable for all damages, sanctions or compensation arising from the violation of
these provisions.
4.4 Il Tomolo S.r.l. reserves the right to refuse, cancel or withdraw orders from users
a) with whom a legal dispute is in progress, even if only at the extrajudicial stage
b) who have violated these General Terms and Conditions of Sale
c) who are involved in fraud of any kind and, in particular, in fraud relating to electronic and/or credit
card payments
d) who have provided false or mendacious, incomplete or in any case inaccurate identification data or
who have failed to promptly send Il Tomolo S.r.l. the documents requested by it on the basis of
these General Terms and Conditions of Sale or who have sent invalid documents
e) who have failed to collect the package more than twice for different orders
f) who do not give sufficient guarantees of solvency.
4.5 Following registration on the Site, the registered customer shall be entitled to purchase products using
the On-line Purchase Service, making individual purchases and selecting the products he/she intends to
purchase each time.
4.6 By registering, the customer acknowledges and declares to have knowledge of the General Conditions
of Sale.
5. Conclusion of the Contract
5.1 In order to finalise the purchase contract, the customer shall fill in an order form in electronic format
and send it electronically via the website -www.iltomolo.it to the company Il Tomolo S.r.l., following the
instructions which will appear on the website and which will accompany the various stages of the order
process.
5.2 The order form will indicate: the type and quantity of products the purchaser intends to purchase; the
place, time and method of delivery; an indication of shipping costs; the unit and total price of the sale; the
method of payment. Upon completion and subsequent confirmation of the Order Form, the sale shall be
deemed finalised and binding on the purchaser.
5.3 The price of the sale is the total price indicated in the Order Form.
5.4 Once the Order Form has been completed, the purchaser shall receive a confirmation e-mail at the e-
mail address indicated at the time of Registration, with a summary of the purchase order submitted.
5.5 In the event that the payment is not successful, the purchase contract shall be deemed terminated by
right pursuant to and for the purposes of Article 1456 of the Italian Civil Code. The termination of the
contract and the cancellation of the order shall be notified to the customer by e-mail.
5.6 The order form will be filed in Il Tomolo S.r.l.'s database for the time necessary to process the order
and, in any case, within the terms of the law. The purchaser registered on the site will be able to check his
order through his registration account.
6.Prices
6.1 The prices of the products may be changed without notice by Il Tomolo S.r.l., it being understood that
price changes occurring after the customer submits the purchase order shall not be taken into account.
6.2 Product prices and shipping costs are expressed in euros (€) and are inclusive of Value Added Tax (VAT),
if due by law.
7.Product Information
7.1 The products marketed on www-iltomolo.it are purchased by Il Tomolo S.r.l. from third-party suppliers;
they comply with current Italian and European regulations and are suitable for food consumption.
7.2 Each product is presented on the site by means of a Product Sheet summarising its characteristics. The
images and descriptions on the site reproduce the characteristics of the products as faithfully as possible.
However, the colours and dimensions of the products may differ from the real ones due to the settings of
the computer systems or mobile devices used by customers to view them.
These images must therefore be understood as indicative and within the tolerances of use. For the
purposes of the purchase contract, the description of the product contained in the label affixed to the
packaging shall in any case be authentic.
7.3 The products marketed on the site are available in limited quantities. Therefore, the product ordered
may not be available after the transmission of the purchase order. In this case, the customer shall be
promptly informed by e-mail and the contract shall be deemed immediately terminated.
7.4 In the case of orders concerning a plurality of products, the same or different in type and quantity, if
the unavailability concerns only some of the products subject to the purchase order, the company Il
Tomolo S.r.l. shall promptly inform the customer by e-mail, and the contract shall be considered concluded
limited to the products available, with only the amount of the available products that will be shipped being
charged.
8.Payment terms
8.1 Payment for the products must be made by credit card of the Visa, Mastercard, Maestro and Paypal
circuits or by Bank Transfer in advance. Different payment methods must be agreed upon with Il Tomolo
S.r.l. upon written request to the e-mail address info@iltomolo.it. Payment by bank transfer in advance is
also permitted.
8.2 When the order is transmitted, the connection to the secure payment service will open and the
payment procedure will be divided into the following stages:
8.3 Use of Stripe and Paypal's Secure Payment Service, which provides that payments are processed
through a secure server-to-server connection using SSL Protocol. (Secure Sockets Layer) with 128-bit
encryption
8.4 The company Il Tomolo S.r.l will not retain any credit card data
8.5 Il Tomolo S.r.l. reserves the right, at its sole discretion, to ask the customer, by e-mail, to send a
front/back copy of its valid identity card. While waiting for the requested document, the order shall be
suspended and the customer shall be obliged to send the requested documents within the deadline
indicated. In this case, the delivery terms for the products shall commence upon receipt of the required
documents.
8.6 In the event of non-receipt of the required documents within the term indicated, the order shall be
cancelled and the purchase contract shall be deemed rescinded pursuant to and for the purposes of Article
1456 of the Civil Code. The customer shall be notified by e-mail of the cancellation of the order and the
contract.
9.Delivery of Products
9.1 The shipment and delivery of the products are subject to payment and the relative costs are borne by
the customer, unless otherwise indicated by the company Il Tomolo S.r.l. The company Il Tomolo S.r.l.
reserves the right to ask for an additional cost for certain areas, which will be specifically indicated during
the purchase procedure and, in any case, before its completion, as well as in the order summary.
Shipping/delivery terms shall be specifically indicated during the purchase procedure and in the order
summary and, in any case, before the user sends the order.
9.2 The delivery obligation is fulfilled by transferring the material availability or, in any case, control of the
products to the customer, who shall be responsible for checking the condition of the product upon delivery.
9.3 Without prejudice to the fact that the risk of loss of or damage to the products, for causes not
attributable to Il Tomolo S.r.l. 9.3 Without prejudice to the fact that the risk of loss of or damage to the
products, due to causes not attributable to the company Il Tomolo S.r.l., falls to the customer when the
products are delivered to the latter, even through a third party designated by the customer or a person in
charge of the delivery other than the carrier, the customer must check that the number and type of
products received conform to the order and that the packaging is intact, undamaged, not wet or in any case
altered, including the sealing materials, possibly indicating any anomalies on the carrier's transport
document, accepting the package with reservations. Receipt of the products without reservation
exonerates Il Tomolo S.r.l. from any responsibility regarding flaws, damages, non-conformities and defects
of the products.
Without prejudice to the application of the regulations on the right of withdrawal and the legal guarantee
of conformity, if the product packaging shows evident signs of tampering or alteration, the customer must
promptly notify the company Il Tomolo S.r.l. by sending an email to info@iltomolo.it, documenting the
claim with photos of what was received, where possible.
9.4 The products purchased on the site will be shipped and delivered to the address indicated by the
customer. Delivery shall be made, unless otherwise specified, by the courier indicated from time to time
from Monday to Friday, during normal office hours, from 09.00 to 18.00, excluding national holidays.
9.5 Upon delivery of the products to the courier by the company Il Tomolo S.r.l., the customer will be sent
an e-mail confirming the shipment which will indicate the tracking number through which it will be possible
to check the status of the shipment, the delivery procedure, the deadline for collection in the event of non-
delivery due to the absence of the addressee and the consequences of non-delivery within the deadline
indicated.
10.Right of Withdrawal for the Consumer Customer
10.1 A customer who is a consumer pursuant to Art. 3(1)(a) of the Consumer Code has a period of fourteen
days to withdraw from the sales contract without having to provide any reasons and without having to bear
any costs other than those stipulated in Articles 56(2) and 57 of the Consumer Code.
The period for exercising the right of withdrawal begins
1. from the day on which the consumer or a third party other than the carrier and designated by the
consumer acquires physical possession of the goods;
2. in the case of multiple goods ordered by the consumer in a single order and delivered separately,
from the day on which the consumer or a third party other than the carrier and designated by the
consumer acquires physical possession of the last good
3. in the case of delivery of a good consisting of multiple lots or pieces, from the day on which the
consumer or a third party other than the carrier and indicated by the consumer acquires physical
possession of the last lot or piece;
4. in the case of contracts for the periodic delivery of goods during a certain period of time, from the
day on which the consumer or a third party other than the carrier and designated by the consumer
acquires physical possession of the first good;
10.2 The exercise of the right of withdrawal shall be deemed to be timely if the relevant communication is
sent by the consumer-customer before the expiry of the time limit indicated in 10.1.
10.3 The right of withdrawal by the consumer customer shall be exercised in accordance with the
provisions of the Consumer Code.
The communication must be sent to the company Il Tomolo S.r.l. at the e-mail address info@iltomolo.it and
must contain the explicit declaration of the decision to withdraw from the contract, the indication of the
order code and the description of the product(s) for which the exercise of the right of withdrawal is
requested.
10.4 However, also pursuant to Article 59 of the Consumer Code, the right of withdrawal is excluded in the
following cases:
a) supply of goods made to measure or clearly customised
b) supply of goods that are liable to deteriorate or expire rapidly
c) supply of sealed goods that are not suitable to be returned for hygienic or health protection
reasons and have been opened after delivery;
d) supply of goods which, after delivery, are by their nature inseparably mixed with other goods;
e) delivery of alcoholic beverages, the price of which has been agreed upon at the time of conclusion
of the sales contract, the delivery of which can only take place after thirty days and the actual value
of which depends on fluctuations in the market that cannot be controlled by the trader;
10.5 In the event of withdrawal, Il Tomolo S.r.l. will refund all payments made by the customer in its favour,
including the costs of delivery (with the exception of any additional costs resulting from the customer
choosing a type of delivery other than the least expensive type of standard delivery offered), without
undue delay and in any event no later than fourteen days after the day on which Il Tomolo S.r.l. was
informed of the decision to withdraw from the contract. These refunds will be made using the same means
of payment used by the customer for the initial transaction.
10.6 In the event of partial withdrawal from multiple and/or mixed orders, the amount of the shipping
costs to be reimbursed to the customer will be quantified in proportion to the value of the product(s)
subject to withdrawal. In any event, the amount of the delivery costs to be refunded shall never exceed the
amount actually paid by the customer.
10.7 If the right of withdrawal is exercised, the customer shall return the product(s) using a carrier of his or
her choice, under his or her own responsibility and at his or her own expense, without undue delay and in
any event within fourteen days from the date of receipt of the product(s). Otherwise, delivery shall be
refused and the customer shall be liable for payment of the price of the product(s). The product(s), suitably
protected and packed, must be sent to the address indicated by Il Tomolo S.r.l.
10.8 The customer, in any case, remains liable for any decrease in the value of the goods resulting from
improper use or handling of the product other than that necessary to establish its nature and
characteristics. In this case, Tomolo S.r.l. shall apply the appropriate deductions from the refund.
The product must in any case be stored, handled with normal diligence and returned intact, complete in all
its parts with all accessories (including packaging), with an identification tag, if present, as well as the
labels, if present, must be attached to the product, which must therefore be intact and undamaged.
Withdrawal also applies to the product in its entirety.
10.9 In the event that the withdrawal is not exercised in accordance with the provisions of applicable law
and these general terms and conditions, it shall not result in the termination of the contract and,
consequently, shall not entitle the Customer to any refund. In this case, if the product has been returned to
Tomolo S.r.l., the customer can collect it at its own expense within thirty days from the communication of
non-acceptance of the withdrawal.
11. Disputes
11.1 All purchases made on the www.iltomolo.it website are subject to the application of Italian law.
11.2 For disputes involving consumer customers, the place of jurisdiction is the place of residence or
domicile of the consumer, if located in Italy. In all other cases, the place of jurisdiction is Naples.
11.3 For disputes involving consumer customers, the Consumer Code envisages the possibility of activating
out-of-court dispute resolution procedures (Alternative Dispute Resolution-ADR) between consumers and
professionals resident and established in the European Union, in which the ADR entity proposes a solution
or brings the parties together in order to facilitate an amicable solution and, in particular, to mediation
bodies for the handling of consumer affairs registered in the special section referred to in Article 16,
paragraphs 2 and 4, of Legislative Decree No. 28 of 4 March 2010, and other ADR entities for the handling
of consumer affairs registered in the special section referred to in Article 16, paragraphs 2 and 4, of
Legislative Decree No. 28 of 4 March 2010, and to other ADR entities for the handling of consumer affairs
registered in the special section referred to in Article 16, paragraphs 2 and 4, of Legislative Decree No. 28 of
4 March 2010. 28 of 4 March 2010, and to other ADR entities established or registered in the lists kept and
supervised by the authorities.
11.4 Pursuant to EU Regulation 524/2013 on online consumer dispute resolution, amending EC Regulation
2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR), a multilingual website has been
established for the out-of-court settlement of disputes relating to obligations arising from contracts of sale
and service provision online between a consumer resident in the European Union and a business
established in the European Union. The On-line Dispute Resolution-ODR platform's main function is to
make available an electronic complaint form, which can be filled in by the complaining party, to inform the
party to whom the complaint is addressed of the complaint, to identify the ADR (Alternative Dispute
Resolution) body or bodies, "Alternative Dispute Resolution", within the meaning of Directive 2013/11/EU)
with jurisdiction and forward the complaint to the ADR entity to which the parties have agreed to address
it, to propose an electronic dispute management tool, enabling the parties and the ADR entity to conduct
the dispute resolution procedure online.