Online shop currently limited to shipping within Italy. For shipments outside Italy, contact us.
Terms of sale
Pursuant to Chapter I, Title 3, Part 3, of Legislative Decree 206/2005 and subsequent amendments and additions.
1. Introduction and effectiveness of the General Conditions
These general terms and conditions of sale (hereinafter, the “General Terms and Conditions”) govern the remote purchase of products and services made available online from the website www.famigliapomponio.it (hereinafter, the “Site”), in compliance with Italian legislation pursuant to Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, the “Consumer Code”).
The seller of the products and owner of the Site is: Famiglia Pomponio S.A.S. with registered office at C.da Colle Comune 39 – 66020 Scerni (CH) – Email address: info@famigliapomponio.it (hereinafter “Famiglia Pomponio”).
Consumers accessing the Site to make purchases (hereinafter, the “Customer”) are required to carefully read these General Terms and Conditions, which are made available on the Site and are accessible at any time, before placing an order.
If the person making purchases on the Site requests an invoice and/or is not a “consumer or user” as defined in Article 3, paragraph 1, letter a), of the Consumer Code, the withdrawal provisions set forth in Articles 7 and 8 of these General Terms and Conditions will not apply, nor will the provisions that, pursuant to the Consumer Code, apply only to “consumers.”
Contracts concluded with Famiglia Pomponio S.A.S. through the Site are governed by these General Terms and Conditions in accordance with Italian law. The language available for concluding the contract is Italian.
2. Choose and order products
The characteristics and prices of the various products for sale on the Site (hereinafter “Product” or “Products”) are shown on the page for each Product.
To purchase Products, the Customer must complete and submit the electronic order form, following the instructions on the Site. The Customer must add the Product to the “Shopping Cart” and, after reviewing the General Terms and Conditions and the Privacy Policy and confirming their acceptance, must enter shipping and billing information, select the desired payment method, and confirm the order.
By submitting an order from the Site, which constitutes a contractual offer, the Customer acknowledges and declares that he or she has read all the information provided during the purchase process and fully accepts these General Terms and Conditions and the payment terms.
The contract stipulated between Famiglia Pomponio S.A.S. and the Customer is deemed concluded upon acceptance of the order by Famiglia Pomponio S.A.S. This acceptance is communicated to the Customer via an order confirmation email containing the order number, shipping and billing information, a list of the Products ordered with their essential characteristics, and the total price, including shipping costs. The Customer will check the confirmation email and, if they find any errors in the order, will have 12 hours from receipt to contact Customer Service directly from the Website using the contact form accessible via the “Contact Us” page. After this time, the order will be processed for shipment and changes will no longer be accepted, without prejudice to the Customer’s rights under Article 7 below.
Once the order is received, Famiglia Pomponio S.A.S. will check stock availability to fulfill the order. If one or more Products are unavailable, Famiglia Pomponio S.A.S. Customer Service will contact the Customer Service directly. will promptly notify the Customer via email, who, within the following 12 hours, will have the option to respond to confirm the shipment of any additional available Products or cancel it. If there is no response within this timeframe, the order will be considered confirmed and the available Products will be shipped. If only a few Products are not in stock, Famiglia Pomponio S.A.S. will process the order using the available Products. In both cases, the amount for the missing Products will be immediately refunded, depending on the chosen payment method.
3. Product Information
Product information and specifications are available on the Website.
The visual representation of the Products on the Website, where available, generally corresponds to the photographic image accompanying the product description. It is understood that the image of the Products is for the sole purpose of presenting them for sale and may not be fully representative of their characteristics and quality, but may differ in color and size. In the event of a discrepancy between the image and the written product description, the description on the product description always prevails.
4. Prices and shipping
Product prices include all taxes and duties. All prices are in euros.
Shipping costs to Italy, including Vatican City and San Marino, are:
• €8.00 for orders of €44.99 or less;
• FREE for orders over €45.00.
5. Payment methods and invoicing
The Customer may pay for the Products and related shipping costs by credit card, prepaid cards, and other electronic payment methods:
• Credit Card;
• PayPal;
• Cash on Delivery.
You will also receive all the information by email upon order confirmation.
NB: The order will be processed only after the payment has been credited to your account, which may take several business days.
To ensure maximum security, the Customer will complete the payment transaction directly on the bank’s secure server.
The Site does not store the Customer’s credit card number, but thanks to the relevant credit institution’s secure communication system, the Customer, upon making a second purchase, may proceed with the purchase without re-entering their details by selecting the appropriate option. The relevant credit institution uses SSL protocol to encrypt the data transmitted between its server and the Customer’s browser.
If the purchase is made by a VAT registered customer, you can request an invoice by selecting the appropriate box during the order process and entering your billing information, including your tax code and/or VAT number. In this case, the electronic invoice will be sent via email to the certified email address or SDI address provided. The professional is responsible for entering the billing information correctly and is expressly informed that if an invoice is not requested during the order process, it will not be possible to request one later.
6. Transport and delivery
Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase process in the “Billing Details” field.
Purchases will be delivered by express courier (hereinafter, the “Courier”) from Monday to Friday, excluding holidays and national holidays. Order processing may be delayed during Christmas, Easter, and August. Famiglia Pomponio S.A.S. is not responsible for unforeseeable delays or delays not attributable to Famiglia Pomponio S.A.S.
In any case, except in cases of force majeure or unforeseeable circumstances, the ordered Products will be delivered within 4-6 (four-six) business days from the day after Famiglia Pomponio S.A.S. confirmed the order to the Customer via an order confirmation email.
After the order is handed over to the courier, the customer will receive the shipping details and a tracking link via email from the courier and will be able to check the location of their order.
The service includes two delivery attempts to the address indicated at the time of ordering. A notification will be left after each attempt. If the second delivery attempt fails, the courier will contact the recipient by phone at the number provided to arrange delivery. If the recipient is unavailable or absent, the goods will be returned to the warehouse.
7. Right of withdrawal
The Customer has the right to withdraw from the purchase contract for any reason, without explanation and without penalty, except for the cases of exclusion set forth in Section IV below. To exercise this right, the Customer must send a written communication to Famiglia Pomponio S.A.S. within 14 days of receiving the Products using the contact form on the website. If the Customer intends to exercise this right before receiving the Products, the communication of withdrawal may be sent at any time before receiving them.
This communication must be sent by registered letter with return receipt, addressed to:
Attention: Returns and Refunds Office
Famiglia Pomponio S.A.S.
C.da Colle Comune 39 – 66020 Scerni (CH)
Famiglia Pomponio S.A.S. Customer Service Upon receipt of the notification, Famiglia Pomponio S.A.S. will open a return procedure and provide the Customer with instructions on how to return the Products, which will be done via a courier indicated by Famiglia Pomponio S.A.S. itself.
The right of withdrawal is governed by the following conditions:
I. The right applies to the Product purchased in its entirety; therefore, if the Product is composed of multiple components or parts, it is not possible to exercise the right of withdrawal for only part of the purchased Product.
II. In the event of the exercise of the right of withdrawal, Famiglia Pomponio S.A.S. will refund the customer the full amount of the returned goods, including shipping costs where applicable, within 14 days of receiving the notification of withdrawal. Famiglia Pomponio S.A.S. reserves the right to withhold payment until the goods have actually been received. The refund will be made using the same payment method used by the Customer, unless the Customer has expressly requested a different method. In the case of bank transfer, the Customer will be responsible for providing the bank details for the refund (account holder, bank name and address, and IBAN).
III. Also to ensure free returns pursuant to Article 8 below, the Products must be returned in the same box in which they were received.
IV. In addition to the cases indicated in the Introduction (customer who is not a consumer and/or who requests an invoice), the right of withdrawal is excluded in the following cases, pursuant to Article 59 of Legislative Decree 21/2014:
– orders of Products packaged to order or clearly personalized;
– orders of Products that are liable to deteriorate or expire rapidly;
– orders of sealed Products that are not suitable for return due to hygiene or health protection reasons, or that were opened after delivery.
With regard to the cases where the right of withdrawal is excluded above, the Customer is specifically informed and accepts that Products that “risk deterioration or rapid expiration” include all food products (including wines, spirits, and beverages) as well as cosmetics, as the characteristics and qualities of these types of Products are subject to alteration, including as a result of improper storage. Therefore, for reasons of hygiene and customer protection, the right of withdrawal applies only to Products purchased on the Site, which can be returned to Biogelart and re-marketed without posing a risk to consumer health.
In cases where the right of withdrawal is excluded, Biogelart will return the purchased Products to the Customer, charging the Customer the shipping costs.
8. Free returns in case of exercising the right of withdrawal
As a more favorable condition for the Customer, Famiglia Pomponio S.A.S. will cover all shipping costs for returning the Products if the right of withdrawal is exercised.
To benefit from this free shipping, the Customer wishing to exercise the right of withdrawal must follow the procedure indicated in Article 7 above and wait to be contacted by Famiglia Pomponio S.A.S. to arrange for the return of the Products to the courier.
9. Warranty and defects of conformity
In the event of a lack of conformity in Products sold by Famiglia Pomponio S.A.S., the Customer must immediately contact Customer Service using the form on the “Contact Us” page.
The legal guarantees set forth in Articles 129, 130, and 132 of the Consumer Code apply to the sale of Products. The Customer has the right, at their discretion and provided that the type of Product allows it, to have the Product’s conformity restored, free of charge, through repair or replacement, or to an appropriate price reduction or termination of the contract. The Customer forfeits these rights if they fail to report the lack of conformity to Famiglia Pomponio S.A.S. within two months of discovering the defect, unless the Product is perishable by its nature or subject to a shorter expiration date, in which case the defect must be reported within this shorter period.
10. Errors and limitations of liability
Product information provided on the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors, for which Famiglia Pomponio S.A.S. cannot be held liable, except in cases of willful misconduct or gross negligence.
Famiglia Pomponio S.A.S. reserves the right to correct errors, inaccuracies, or omissions, even after an order has been submitted, or to modify or update information at any time without prior notice, without prejudice to the Customer’s rights under these General Conditions and the Consumer Code.
Except in cases of willful misconduct or gross negligence, the Customer is excluded from any right to compensation for damages or the award of compensation, as well as any contractual or non-contractual liability for direct or indirect damages to persons and/or property, caused by the failure to accept or fulfill, even partially, an order.
11. Complaints
Any complaints must be forwarded to Famiglia Pomponio S.A.S. using the contact form on the “Contact Us” page, by sending an email to info@famigliapomponio.it, or by registered mail to the following address:
Attention: Famiglia Pomponio S.A.S.
C.da Colle Comune 39
66020 Scerni (CH)
Famiglia Pomponio S.A.S. undertakes to respond to all requests received within a maximum of 7 business days.
12. Online dispute resolution for consumers (ADR and ODR)
ADR
According to Article 49, paragraph 1, letter V of Legislative Decree No. 206 of September 6, 2005 (Consumer Code), customers may avail themselves of the Joint Conciliation procedure. The procedure may be initiated if the consumer, after submitting a complaint to the company within 45 days, has received no response or has received a response that they deem unsatisfactory.
Customers who decide to avail themselves of the Joint Conciliation procedure are required to submit their request to conciliazione@consorzionetcomm.it or to fax 02/87181126. For more information, please visit: http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/La-Conciliazione-Paritetica.kl
ODR
Pursuant to Article Pursuant to Article 14 of Regulation 524/2013, users are informed that in the event of a dispute, they may submit a complaint through the European Union’s Online Dispute Resolution (ODR) platform, accessible at the following link: http://ec.europa.eu/consumers/odr/. The ODR platform provides a gateway for users wishing to resolve disputes arising from online sales or service contracts out of court.
13. Applicable law and competent court
The sales contract between the Customer and Famiglia Pomponio S.A.S. is deemed to have been concluded in Italy and is governed by Italian law. For disputes relating to the interpretation, execution, or termination of these General Conditions or individual purchase orders, if the Customer is a consumer pursuant to the Consumer Code, the court of the Customer’s municipality of residence or domicile, if located in Italy, shall have exclusive jurisdiction. In all other cases, the Court of Ravenna shall have exclusive jurisdiction, excluding any other competent court.
Pursuant to Article 1341 of the Italian Civil Code, the Customer declares to have read and specifically accept the following articles of these General Conditions: 6 (Liability for Delays in Delivery), 10 (Right to Correct Errors – Disclaimers).
Legal Notices
Site created and managed by:
Famiglia Pomponio S.A.S.
C.da Colle Comune 39
66020 Scerni (CH)
Limitations of Use
The contents of the site pages are Copyright © Famiglia Pomponio S.A.S. All rights reserved.
The contents of the site pages may not be copied, reproduced, transferred, uploaded, published, or distributed, either in whole or in part, in any way without the prior written consent of Famiglia Pomponio S.A.S.
However, the user is permitted to view, copy, print, and use extracts from the site pages for strictly personal purposes, keeping in mind that:
The site content may not be modified in any way.
No graphic design may be used, reproduced, or distributed separately from the accompanying text.
The trademarks and logos appearing on this site are the property of Famiglia Pomponio S.A.S. Any use or reproduction of these trademarks and logos in any form or manner is prohibited without the prior written consent of Famiglia Pomponio S.A.S.
Limitation of Liability
Famiglia Pomponio S.A.S., while committed to ensuring the accuracy and integrity of the information and materials contained on the site, is not responsible for any errors or outdated information. Famiglia Pomponio S.A.S. may modify the site without notice.