These Terms and Conditions govern the sale of products on the website www.domushernica.com and regulate its use.

The Seller reserves the right to periodically update or amend these Terms and Conditions of Sale and the Privacy Policy, for example, as a result of changes in laws or regulations or due to updates to the Website’s features. Such changes will be communicated to Users via the Website through a specific notice, visible for a period of ten (10) days from the date of the modification.

The online sale of products on the Website is governed by the provisions of the Italian Consumer Code (Legislative Decree No. 206/2005) and the E-commerce Code (Legislative Decree No. 70/2003).

Below are the Terms and Conditions of Sale applicable to any Product sold on the Website.

ART. 1 – DEFINITIONS

For the purposes of this Agreement, the following terms shall have the meanings set out below:

• Seller: DOMUS HERNICA A R.L. SOCIETÀ COOPERATIVA, VAT no. 02625890609, with registered office in Veroli, 03029, Contrada Madonna del Pianto no. 28 (FR), Italy. Contact email: info@domushernica.it.
• Terms and Conditions or Agreement: the present contractual clauses that define and govern the relationship between the Seller and the Customer.
• Platform or Website: the website https://www.domushernica.com/
• Users: any individual who accesses and continues to browse the Website.
• Customer: any individual or entity that purchases products sold through the Website.
• Consumer: a natural person who acts for purposes unrelated to their professional or business activity.
• Professional: a natural or legal person who acts in the exercise of their entrepreneurial or commercial activity and makes purchases using a VAT number.
• Products: goods sold through the e-commerce platform, primarily including pastry products, branded food items, and gift cards.
• Purchase Order or Order: the purchase proposal submitted by the User via the Website’s procedures, particularly through the Shopping Cart.
• Purchase: the paid acquisition of the aforementioned Products, effective from the date of completion of the transaction.
• Shopping Cart: the stage in the purchase process where the User submits their purchase proposal, selecting payment method, delivery options, and related preferences.

art. 2 – DEFINITIONS

These Terms and Conditions of Sale apply to the products referred to in Article 3 below and are valid between the Seller and any User who makes a purchase on the Website, either as a Consumer, pursuant to applicable laws, or as a Professional.

Should any of these provisions be deemed null or unenforceable, such invalidity or unenforceability shall not affect the validity and effectiveness of the remaining clauses of these Terms and Conditions.

art. 3 – PRODUCT DESCRIPTION

The Website operates in the retail sale of goods through e-commerce, primarily offering pastry products, branded food items in general, and gift cards.

All products offered are described and illustrated in detail on the Website, within their respective sections, including information on ingredients and allergens. Product images on the Website are for demonstration and illustrative purposes only and are displayed as accurately as possible. However, some errors, inaccuracies, or slight differences may occur between the graphic/photographic representation of the product and the actual product. Therefore, product photographs displayed on the Website do not constitute a contractual element, as they are merely symbolic and representative of the product being sold.

Due to the specific nature of online sales, the User is hereby informed that any discrepancies between the product images on the Website and the actual delivered products are subject to dispute only if they are substantial.

The Customer acknowledges and accepts that delivery times may vary significantly during events or holiday periods. Therefore, Customers are strongly advised to place their orders in advance to avoid delays and potential issues.

The Customer further acknowledges and agrees that if an Order is placed without taking the delivery dates into account, they will not be entitled to any refund, and the Seller shall be expressly exempt from any damages and/or liabilities resulting from delays.

Through the Website, the Customer may purchase Gift Cards for themselves or for other recipients. All Gift Cards are personal and will be sent via email on the date and time chosen by the Customer. The Gift Cards include experience packages and tasting menus, which are detailed in each corresponding product page. All Gift Card purchases are fulfilled by a company of Domus Hernica Società Cooperativa a r.l.

The Customer must directly contact the venue to request information regarding event dates, dietary intolerances, or other special needs.

Gift Cards are valid for one year from the date they are sent to the recipient and may be used only once. The Customer acknowledges and agrees that Gift Cards cannot be converted into cash and that multiple Gift Cards may not be used within the same order.

art. 4 – PRICES AND ADDITIONAL CHARGES

The prices of the Products are displayed in euros. Specifically, the Shopping Cart will show in detail:

– the Product price;

– delivery charges.

Prices on the online store may be subject to change. In such cases, the prices published at the time the Order is placed on the online store shall apply.

ART. 5 – REGISTRATION

In order to make purchases on the Website, the User may complete a registration process by providing their personal data. Users wishing to register on the Website must provide all requested information and are responsible for the accuracy and truthfulness of such data.

At the time of registration, the User guarantees that they:

– are of legal age and legally competent;

– meet the registration requirements in effect at the time of sign-up;

– comply with all applicable laws and contractual provisions set forth in these Terms and Conditions;

– are the legitimate owner of the data provided, which must be true, accurate, and up to date.

Registration corresponds to the creation of an account.

Upon registration, the User will be asked to provide their name, email address, and a password.

By accessing their personal account area, the Customer can, among other things, view their order history, modify the shopping cart, and add products of interest to their wish list. The email address provided during registration allows the Seller to send the User all notifications related to the Services, Products, and the Website in general.

The use of temporary email addresses for registration is prohibited. In cases of abuse, the Seller reserves the right to refuse registration, revoke existing accounts, and report such incidents to the relevant Authorities.

All data transmitted will be processed in full compliance with privacy protection laws. The Seller will use the data to fulfill orders and, only with explicit consent from the User, the data may also be used to provide information about the Seller’s initiatives, such as news or promotional discounts.

ART. 6 – PROCEDURE FOR PURCHASE AND CONCLUSION OF SALE

The User may purchase any of the Products offered for sale on the Website, as described in the relevant product information sheets, by following the purchase procedures provided on the Website itself.

At the time of purchase, the Customer must follow all the instructions found on the relevant page of the Website. To proceed with the purchase, the Customer must complete and submit to the Seller the electronic Purchase Order form, following all the instructions provided. A summary of the main commercial terms will be displayed, including the price, payment methods, delivery options, key product features, and a link to these Terms and Conditions.

The Customer must place the selected Product(s) in the appropriate “Shopping Cart” and, after reviewing the Terms and Conditions — with particular attention to shipping fees, the right of withdrawal, and the Privacy Policy — must select the preferred payment method and proceed with payment.

The applicable Terms and Conditions are those in effect at the time the Order is placed and can be found on the Website.
The contract between the Seller and the Customer is deemed concluded upon acceptance of the Order by the Seller.

The Seller will confirm acceptance of the Order by sending an email to the address provided by the Customer.
The Seller reserves the right to evaluate whether to accept the orders received and may refuse or not process purchase orders that are incomplete, incorrect, or involve Products that are unavailable or cannot be delivered to certain remote geographical areas.

The Seller will notify the Customer as soon as possible of any inability to accept the order and will arrange a refund of any amounts already paid for the Products.

The Customer shall have no right to claim compensation or damages, nor any contractual or non-contractual liability for direct or indirect damages to people and/or property, resulting from the total or partial rejection of an Order by the Seller.

The Customer acknowledges and accepts that delivery times may vary significantly during events or holiday periods. Therefore, it is strongly recommended to place orders well in advance to avoid delays or issues.

The Customer also acknowledges and accepts that if an order is placed without considering delivery timelines, they shall not be entitled to any refund, and the Seller shall be expressly exempt from any liability and/or damages in the event of delays.

ART. 7 – PAYMENT METHODS

The available payment methods on the Website are as follows:

1. NEXI
   The Customer may pay for their Order via the NEXI platform, which allows payments to be made and received using rechargeable or credit cards within the Visa or Mastercard circuits.
2. Apple Pay or Google Pay
   The Customer may also choose to pay using the Apple Pay or Google Pay services.

ART. 8 – SHIPPING TIMES AND PRODUCT DELIVERY

Order processing times are typically 24 to 48 hours. The Seller will deliver the purchased Products using specialized couriers with standard service, from Monday to Friday, excluding public holidays and national holidays. Products shipped within Italy are generally delivered within 48 business hours and within 5 business days for remote areas and islands.

The above delivery times are purely indicative and not binding. The Seller may also offer faster delivery options, which will be specified in a dedicated section on the Website. Any changes to the stated delivery times will be promptly communicated to the Customer via email.

The Customer acknowledges and accepts that delivery times may vary significantly during events or holiday periods. Therefore, it is strongly recommended to place orders in advance to avoid delays and potential issues.

The Customer acknowledges and accepts that if an Order is placed without considering such delivery timeframes, they shall not be entitled to any refund, and the Seller is expressly released from any liability and/or damages resulting from delays.

Upon shipment of the package, the Customer will receive an email with a tracking number to monitor the shipment directly through the courier’s website.

At the time of delivery, the Customer acknowledges and accepts that either they or a person expressly authorized by them must be present to receive the package, releasing the Seller from any liability.

Upon delivery, the Customer must check that the packaging is intact and clean, and that the Products received match those ordered. If the delivered Product is damaged during transport or differs from the Product ordered, the Customer must document the issue thoroughly with photographs and indicate the batch number, in order to prove any damage.

The Customer may request from the Seller, via email, the shipment of a replacement product, a voucher, and/or a refund.

ART. 9 – RIGHT OF WITHDRAWAL

Ai sensi dell’art. 59 del Codice del Consumo (Dlgs 2005/206), il diritto di recesso non si applica ai contratti di fornitura di generi alimentari, di bevande o di altri beni per uso domestico di consumo corrente forniti al domicilio del Consumatore, nonché ai beni che rischiano di deteriorarsi o scadere rapidamente e a quelli personalizzati.

Per il solo caso in cui il Cliente Consumatore possa esercitare il diritto di recesso ai sensi degli artt. 52 e ss. del Codice del Consumo, lo stesso potrà restituire, per qualunque motivo, il prodotto acquistato e ottenere il rimborso della spesa sostenuta entro 14 giorni.

Per esercitare questo diritto entro 14 giorni lavorativi dalla data di consegna della merce è sufficiente comunicare al Venditore di voler recedere in tutto o in parte dall’acquisto tramite una qualsiasi esplicita dichiarazione in tal senso a mezzo e-mail: info@domushernica.it. Entro lo stesso termine il Cliente Consumatore deve provvedere, utilizzando una modalità di spedizione a sua scelta, alla spedizione della merce reinserita nella sua confezione originale, integra e in perfette condizioni completa di tutte le sue parti, e accuratamente imballata alla sede del Venditore.

Il pacco deve comprendere tutti i documenti ricevuti. Non verranno accettati pacchi in contrassegno.

Le uniche spese richieste sono quelle relative alla restituzione del prodotto.
Al ricevimento della merce, una volta verificata l’integrità del Prodotto restituito, entro e non oltre 14 giorni, il Venditore provvederà al rimborso del costo della merce spedita. Sono escluse dal rimborso le spese sostenute per la restituzione della merce. I rischi del trasporto per la restituzione dei Prodotti sono integralmente a carico del Cliente, così come le spese necessarie per la restituzione dei Prodotti oggetto di recesso.

Salvo quanto sopra, si ricorda infine che il Cliente è responsabile della diminuzione del valore dei Prodotti risultante da una manipolazione dei beni diversa da quella necessaria per stabilire la loro natura, le caratteristiche e il funzionamento.

Il Cliente prende atto e accetta espressamente che:

– il diritto di recesso non si applica ai prodotti ricevuti da più di 15 gg lavorativi (in tal caso la restituzione della merce verrà rifiutata).

– il diritto di recesso non può essere esercitato nel caso in cui i prodotti acquistati siano stati aperti e/o utilizzati;

– il diritto di recesso è escluso in caso di acquisto di prodotti confezionati, la cui confezione originale sia stata manomessa o danneggiata dal Cliente o che, per propria natura, non possano essere rispediti o che rischino di deteriorarsi o alterarsi rapidamente;

– il diritto di recesso è escluso in caso di acquisto di prodotti confezionati e sigillati che non si prestano ad essere restituiti per motivi igienici o connessi alla protezione della salute.

Il diritto di recesso è escluso per i Clienti Professionisti (acquisto con partita iva).

ART. 10 – LEGAL WARRANTY

The Consumer Customer is entitled to a 24-month legal warranty pursuant to Legislative Decree no. 206/2005 and subsequent amendments. However, this duration must be proportionate to the perishable nature of the food products purchased.

In the event of receiving products that are non-compliant with the order or defective, the Customer must notify the Seller via email, providing relevant photographs and details. To make use of the warranty, proof of purchase must be presented.

In case of a lack of conformity, the consumer has the right to:

– restoration of conformity,
– or a proportional reduction of the price,
– or termination of the contract.

If the Customer is a Professional, they are not entitled to the legal warranty of conformity, but only to the legal warranty provided by the Civil Code. In the event of defects in the products that make them unsuitable for use or significantly reduce their value, the Professional may request a price reduction or the termination of the sale, as provided by the Civil Code. To this end, they must notify the Seller of the defect within 8 (eight) days from its discovery, and in any case within 1 (one) year from delivery.

ART. 11 – FORCE MAJEURE

The Seller shall not be held liable for any disruptions due to force majeure events that prevent, in whole or in part, the performance of the contract within the agreed timeframe. The Seller shall not be responsible to the Customer for any damages, losses, or costs incurred due to the non-performance or delay in performance of the contract, with the Customer being entitled only to a refund of the amount paid.

The Seller shall not be liable for damages resulting from disconnections, interruptions of the Website, or any data loss that may occur as a consequence and be attributable to it.

In the event of force majeure, the execution of the Order shall be suspended.

Such suspension may last for a maximum period of three (3) months, after which the Parties may decide whether to proceed with or cancel the Order.

ART. 12 – INTELLECTUAL AND INDUSTRIAL PROPERTY

The Website (including its content and graphics), the trademark, the domain name, the related subdomains, and all intellectual and industrial property rights related thereto are the exclusive property of the Seller, reserved to it, and shall not be transferred or licensed in any case to the Client. Therefore, the User or Client shall not reproduce, duplicate, copy, redistribute, retransmit (even on other websites), transfer, or otherwise make available to third parties in any way, nor use for purposes other than storage and/or consultation, the Website and/or its Content without the prior express and formal approval of the Seller.

ART. 13 FAILURE TO EXERCISE A RIGHT

The failure by the Seller to exercise a right shall not constitute a waiver of the right to take action against the Customer or third parties for breach of obligations undertaken. The Seller therefore reserves the right to enforce its rights in any case, within the allowed time limits.

ART. 14 PROCESSING OF PERSONAL DATA (PRIVACY)

Personal Data provided or collected will be processed in accordance with the principles of fairness, lawfulness, transparency, and confidentiality protection pursuant to current regulations. The Seller, as Data Controller, processes Users’ Personal Data by adopting appropriate security measures aimed at preventing unauthorized access, disclosure, modification, or destruction of Personal Data. The processing is carried out using IT and/or telematic tools, with organizational methods and logic strictly related to the purposes indicated.

User Data is collected for the execution of pre-contractual measures; to fulfill obligations arising from the concluded contract; for the registration procedure aimed at purchasing Products; to respond to specific requests made by the User to the Controller; for sending information and promotional and commercial offers also through newsletter services based on the freely given consent of the User; for purposes of soft spam for promotional communications related to the Products purchased without requiring the User’s prior and express consent, as provided by art. 130, paragraph 4, of the Privacy Code as amended by Legislative Decree no. 101 of 2018.

Customers are therefore invited to carefully read the Privacy Policy provided pursuant to EU Regulation 2016/679, as well as the Cookie Policy and related consent to processing where required.

ART. 15 APPLICABLE LAW AND JURISDICTION

Any dispute arising in relation to the validity, interpretation, execution, and termination of contracts concluded online between the Consumer Customer and the Seller shall fall under the exclusive jurisdiction of the court of the Consumer’s place of residence (so-called consumer’s jurisdiction).

Any dispute arising in relation to the validity, interpretation, execution, and termination of contracts concluded online between the Professional Customer and the Seller shall fall under the exclusive jurisdiction of the Court of Frosinone.

ART. 16 DISPUTE RESOLUTION

According to Article 49, paragraph 1, letter V of Legislative Decree no. 206/2005 (Consumer Code), the Consumer Customer may make use of the Joint Conciliation (ADR) procedure.

Pursuant to Article 14 of Regulation 524/2013, in case of dispute, the Consumer Customer may submit a complaint through the European Union’s ODR platform.

ART. 17 COMMUNICATIONS

For any further information of any kind, it is possible to contact the Seller at the following email address: info@domushernica.it

Pursuant to Articles 1341 and 1342 of the Italian Civil Code, the Customer declares that they have carefully read and accept all the clauses of these Terms and Conditions of Sale, in particular those of Articles 3, 6, 9, 10, 11, and 15.