This website (hereinafter the "Website") is owned by Biraghi S.p.A., with registered and administrative offices in Via Cuneo, 1, 12030 Cavallermaggiore (CN) , tax code and entry in the Cuneo Register of Companies No. 00486510043, VAT No. 00486510043, whose purpose is the retail sale of food and non-food items.
Biraghi complies with the legislation on distance contracts pursuant to art. 45 et seq. of Legislative Decree 206/2005 as amended.
We recommend users to carefully read the general terms and conditions of sale (hereafter the "Terms and Conditions") below, which constitute a binding agreement for the use of the Website, and to print and/or save them on another durable medium of their choice.
GENERAL TERMS AND CONDITIONS
The Terms and Conditions applicable to each individual order are those displayed on the Website at the time when such order is made. Any new Terms and Conditions take effect from the time of publication on the Website and only apply to sales concluded after publication.
All products and prices indicated on the Website constitute an offer to the public, according to the limitations and methods contained on the Website itself and in these Terms & Conditions.
The graphic appearance of the products delivered may not correspond to that represented on the Website if the manufacturer has modified the packaging and therefore, for reasons beyond the control of Biraghi. Photos are for illustrative purposes only. Items may vary with respect to the presentation in the catalogue or represent the product after preparation or cooking.
PRODUCTS AVAILABLE BY WEIGHT
Products available by weight (such as meat, fish, gastronomy products and cheeses) are offered on the Website according to sizes and weights which are indicative. The actual weight is calculated only at the time of preparation of the product, and may vary up to 20% more or less than the representative indication on the Website. For this reason, if your shopping includes one or more of these products, the weight and the amount calculated at the time of the order may differ from the actual weight and amount calculated at the time of issuing the receipt. For the determination of the weight and amount, the above applies. The exact amount of the order appears on the delivery note and is then charged to the credit card only at the time of delivery of the order.
PRICING & OFFERS
Only the price (per unit in Euro/Kg for products sold by weight and per package for all other products) calculated at the time of ordering, without taking into account any price increase or decrease, applies to the Customer's order, and similarly in relation to any offer introduced subsequently or ended beforehand.
All prices are inclusive of VAT.
Prices and promotions are calculated at the time of the order or at the time of any amendments and, therefore, we cannot guarantee that the price of the item added to the cart will remain unchanged at the time of delivery. For example, prices may vary because some discounts and/or offers are only valid for a limited period of time. Furthermore, online there may be exclusive offers which are not available in store.
Any immediate discount vouchers displayed on packaging or any redeemable discount vouchers on subsequent purchases cannot be used for online shopping. Discount vouchers on subsequent purchases may be redeemed at the points of sale.
ACCEPTANCE OF ORDERS
The order sent by the Customer is binding for Biraghi only where the entire ordering process has been duly complied with and no error messages appear on the Website. Biraghi does not include products which have not been expressly ordered by the Customer.
Please note that the shopping lists saved by the Customer are kept for 13 months following the date of last modification of the same; afterwards, they are automatically deleted.
In the event of excessive requests from customers, Biraghi reserves the right to limit the number of orders that can be placed by each customer within a given period.
In Biraghiacasa, the Customer will receive an order confirmation email in their Inbox including a summary of the products, the related prices and the general and special terms and conditions applicable to the order.
CANCELLATION AND CHANGES TO THE ORDER
In addition to the provisions at point 16), Biraghiacasa's customers may cancel or amend their order on the day it is placed. Likewise, following unforeseen logistical and organisational difficulties, Biraghi may cancel the order by notifying the Customer by email or, subject to agreement with the Customer, modify the delivery date.
In the event of excessive requests from customers, Biraghi reserves the right to limit the number of changes which may be made to orders already placed.
BIRAGHIACASA DELIVERY Turin and surrounding areas
Biraghi delivers shopping only to the areas indicated on the Website. The delivery service is guaranteed 7 days a week and only for homes which can be reached by Biraghi's vehicles (for example, homes which can only be accessed via dirt roads or pedestrian ways only are excluded). The staff will simply deliver the goods to the landing in front of the front door of the house. For organisational and service efficiency purposes, the order cannot be verified or checked by the Customer at the time of delivery. However, should any anomaly be found, please telephone 3371586875. Biraghi may not be held liable for any delays during transport. Likewise, Biraghi may not be held responsible for any loss, damage, incorrect or non-delivery due to events and/or causes of force majeure or unforeseeable circumstances, such as, but not limited to: natural disasters, adverse weather conditions (such as intense snowfall), strikes (of its own employees or of third-party employees), accidents to means of transport, explosions, or any other cause, similar or different.
With regard to the city of Turin and surrounding areas, the cost of delivery is included in the price of the products for orders of an amount equal to or greater than €25; orders for less than €25, the cost of delivery is €4.90.
PRODUCTS NOT AVAILABLE AND PURCHASE RESTRICTIONS
Biraghi may not be in any way be held liable for the temporary or permanent unavailability of one or more products. In the event of unavailability, even temporarily, of the products requested, Biraghi undertakes not to charge the Customer with the corresponding price. The Website highlights the cases in which restrictions apply to the purchase of individual products.
The delivery requires the presence of the Customer or their representative at the address and at the time indicated in the order. If the Customer (or their representative) is not present, or does not have a valid credit/Bancomat card or is unable to pay by credit/Bancomat card (eg due to overdraft), the order is considered cancelled and the Customer is charged (as a penalty, even on subsequent orders) with the cost of the products no longer sellable to third parties (eg fresh and perishable food products such as meat, fish, frozen food, fruit, vegetables, dairy products, cold meats, gastronomy products, photo prints and newspapers and magazines); Biraghi is also entitled to exclude the Customer from the service or make the provision of the service subject to online payment.
The Customer can pay for their purchase in the following ways:
online by means of: - Credit, debit and prepaid cards enabled for online payments of the MasterCard, Visa, American Express circuits
upon delivery with a Bancomat debit card or in cash.
Regardless of the method chosen, payment can be made using only one card covering the entire amount of the order. In case of payment on delivery, the staff is authorised to handle the electronic payment transaction and to collect cash.
The issue of an invoice is not mandatory, unless it is requested by the Customer no later than at the time of placing the order, pursuant to Presidential Decree of 26/10/1972 No. 633 - art.22.
The rights of the Customer are protected by Legislative Decree 206/2005 as amended. Therefore, the Customer 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 acknowledgement of receipt to Biraghi Spa - Customer Service E-commerce, via Cuneo 1 - 12030 Cavallermaggiore (CN), or by certified email (pec) to email@example.com within 14 working days from the day of receipt of the products. The notification can be anticipated, within the same period, by e-mail (to firstname.lastname@example.org), fax (to the number 0172 380298) or telegram, provided that it is confirmed by registered letter with acknowledgement of receipt or certified e-mail within the following 48 hours. Such notification must specify the intention to withdraw from the purchase and the product or products for which the Customer intends to exercise their right of withdrawal, attaching a copy of the receipt.
The Customer must then return the product at their own expense by sending it or bringing the product personally, within 14 working days of receipt, to Biraghi Spa, via Cuneo 1, 12030 Cavallermaggiore (CN).
If the right of withdrawal has been exercised as described, Biraghi shall refund the amount paid for the purchase of the product within 14 days of the date on which Biraghi became aware of the exercise of the right of withdrawal by the Customer. The amount refunded is net of delivery costs. The Customer is liable for the decrease in value of the returned goods resulting from any handling other than that necessary to establish the nature, characteristics and operation of the goods.
Without prejudice to the above, the right of withdrawal does not apply in the following cases:
· purchase of sealed packaged products, opened by the Customer;
· goods which by their nature cannot be returned or are likely to deteriorate or expire rapidly (eg fresh and perishable foodstuffs);
SUSPENSION OF SERVICE
In the event of serious breaches by the Customer (such as, but not limited to the following: non-payment of an order placed, repeated absence of the Customer at the time of delivery, incorrect use of methods for placing the order), Biraghi, upon written notice to the Customer, reserves the right to suspend the service.
Biraghi guarantees compliance with the cold chain and, in general, with the quality standards applicable to food only until delivery to the place indicated by the Customer; any liability relating to the poor condition of the products due to improper storage after delivery is excluded. Biraghi may not be held liable for direct or indirect damage, of any nature or form whatsoever, resulting from the use of the Website and/or the photos and the information contained therein and in the event that the delivery takes place, at the request of the Customer, inside the house. Biraghi may not be held liable for any information provided/acquired by individual manufacturers or distributors.
Biraghi processes the Customer's personal data in compliance with the privacy legislation as specified in detail at the link https://www.biraghiacasa.it/content/8-aeu-legal-privacy
PLACE OF JURISDICTION
Any dispute that may arise in relation to the application, interpretation and execution of these Terms and Conditions shall be the exclusive competence of the Court of the place of residence or domicile of the consumer, if located within the territory of the Italian State.
LEGAL GUARANTEE OF CONFORMITY
Biraghi recognises the legal guarantee of conformity on all products purchased. For further information, please refer to the "Legal Guarantee of Conformity" section of the Website.