The https://www.pastamarella.us site is an e-commerce service of the company
Pastificio Marella srl
S.P. Via dei Peuceti, Km.0.3
70023 Gioia del Colle BA – Italy
REA: BA – 591008
VAT number: 07917460722
Pastamarella.us offers all users a service consisting of the selection through a detailed showcase of available products and the purchase of pasta, baked goods, legumes and preserves through electronic commerce.
The contractual terms and conditions described here are applied to each customer and / or visitor to the site and are the basis of any contract between Pastificio Marella srl and the customer.
Pastamarella.us always reserves the right to vary the terms and conditions of the Service at its discretion, notifying the user of such changes by means of a notice published on its website and / or by sending an e-mail.
The Customer is required to accept the aforementioned changes without prejudice to the right to withdraw from the contract.
via chat: from Monday to Friday, from 09:00 to 13:00 and from 14:00 to 17:00
by phone: at the numbers 080.3434511 (from Monday to Friday, from 09:00 to 13:00 and from 14:00 to 17:00).
through the contact form of the site
The conditions set out below govern the use of this site.
Art. 1 Definition of the parts
This contract is stipulated between the Customer indicated in the order form (hereinafter simply referred to as “Customer”) and the company Pastificio Marella srl based in Str.Prov. for Putignano km 0.300 – 70023 Gioia del Colle (BA).
Art. 2 Object of the contract
The subject of the contract is the sale of goods online through the website www.pastamarella.us managed by Pastificio Marella srl (VAT number 07917460722), as governed by civil law on electronic commerce. The description of the individual goods is contained in the illustrative sheets which are an integral part of these conditions.
Art. 3 Orders and prices
The Customer purchases the goods by electronically sending the order form which will be valid as contractual acceptance pursuant to the civil code; purchase orders for products sent to Pastificio Marella srl must be completed in the mandatory fields under penalty of unacceptability.
Product prices include VAT and are indicated in the explanatory sheets and in the order form in € (Euro currency); shipping and delivery costs are also indicated. The order form allows the user to clearly and unequivocally identify the VAT percentage applicable to the prices for the purchase of products and the shipping and delivery costs applied by the courier; these amounts are charged to the customer.
Payment of the price of the purchased goods can be made via PayPal using your balance or by credit or debit cards, always within the PayPal circuit, (no data is stored on our servers) or by bank transfer:
Account holder: Pastificio Marella srl
BANCA MONTE DEI PASCHI DI SIENA S.P.A.
Via Nicolò dell’arca 22 – 70121 – Bari
Art. 4 Shipping and delivery
The shipment of the purchased goods will respect the order in which the confirmed and paid orders will be received.
Shipment and delivery, to the address indicated by the Customer in the order form, will take place by express courier in Italy and in the countries indicated on the website www.pastamarella.us.
Shipments in Italy are entrusted to the SDA courier.
The courier will respect, in delivering the purchased goods to the Customer, standard times and, in any case, not exceeding 3/4 working days in Italy and 7/10 working days in the European Community states starting from the receipt of the order form from part of Pastificio Marella srl. For deliveries outside the European Community, the timing may vary from country to country.
Art. 5 Personal data
The provision of personal data by the Customer is optional, except where otherwise established; in this case, any refusal to enter them makes registration impossible. Personal data can be viewed and modified at any time. Only people who have reached the age of 18 (or 21 in some countries) can validly purchase goods online on the website www.pastamarella.us. The data, in whole or in part, will be disclosed to third parties for the performance of functions strictly connected and / or instrumental to the operation of the service, such as the management of the computer system, the control of payments and the shipment of purchased goods. In relation to the above, the Customer gives his consent to the processing and communication of his personal data and to the related processing to the subjects who carry out the activities indicated above for the full and regular performance of the service offered by Pastificio Marella srl.
Art. 6 Advertising messages
Pastificio Marella srl will not send, by e-mail, commercial and promotional information without the prior and express consent of the Customer or any other interested party, in compliance with the legislation on the protection of individuals with regard to the processing of their personal data as outlined by Legislative Decree no. 196 of 30 June 2003 and subsequent amendments and in compliance with the legislation on electronic commerce.
Art. 7 Right of withdrawal
If the Customer qualifies as a “consumer” pursuant to the Consumer Code approved with Legislative Decree 6 September 2005 n. 206, has the right of withdrawal which must be asserted within the 7th day from the date of purchase, provided that the product is returned intact. This right of withdrawal must be exercised, under penalty of forfeiture, by sending a registered letter with return receipt to Pastificio Marella srl within 7 (seven) days of receipt of the goods; may also exercise by sending, within the same term, a communication by telegram or fax, provided that confirmation is sent by registered letter with return receipt within the following 48 (forty-eight) hours. By exercising the right of withdrawal, the Customer must arrange for the shipment of the product to Pastificio Marella srl at its own expense at the headquarters: Str.Prov. for Putignano km 0.300 – 70023 Gioia del Colle (BA).
All returns must be intact and in the original packaging. Pastificio Marella srl, having received the products and verified their integrity, will refund the amounts paid as quickly as possible, in any case within 10 days of receipt of the returned products, withholding the amount incurred for shipping costs.
Furthermore Pastificio Marrella srl in case of withdrawal by the Customer will not refund the price collected if the product is lost or lost during the return phase of the product.
Art. 8 Resolution
In the event of non-fulfillment, even partial, of the obligations by the Customer, Pastificio Marella srl reserves the right to terminate this contract pursuant to and for the purposes of art. 1456 cod. civ. with simple written communication to be sent by e-mail to the e-mail address provided during registration by the Customer. Pastificio Marella srl also reserves the right to refuse any and all future purchases by the defaulting Customer, also reserving the right to take legal action for the protection of its rights. In any case, the rights of Pastificio Marella srl to the receipt of the fees for the services used, in addition to the right to compensation for damage, remain unaffected.
Art. 9 Force majeure
If a party cannot meet its contractual obligations for reasons of force majeure such as natural phenomena of particular intensity, war events, strikes, unforeseen restrictions ordered by the authorities, etc., the fulfillment of the contract or the date for the fulfillment of the contract they are deferred based on the event that occurred.
Art. 10 Limitation of Liability
Pastificio Marella srl cannot be held responsible for the loss or damage suffered by the Customer or the recipient, due to delays, slowdowns and interruptions of the e-commerce service, if the delays, slowdowns, interruptions do not depend on one’s conduct or are caused by the malfunctioning of telecommunications services, including those with added value, of the services of energy suppliers and of Internet access services. Pastificio Marella srl cannot be held responsible for the loss or damage suffered by the Customer due to delays, slowdowns and interruptions in the e-commerce service or due to delays in the execution of the purchase order or due to the non-execution of the same, if the delay, slowdown, interruption and non-fulfillment are caused by an impediment independent of one’s will, which could not reasonably have been foreseen and the consequences of which could not be avoided or limited, for example: delays and / or non-fulfillment caused by the express courier, etc.
Pastificio Marella srl also cannot be held responsible for the loss or damage of the product during the phase of its delivery to the Customer or to the recipient by courier.
Art. 11 Transfer of rights and duties
Neither party may transfer rights and duties resulting from this contract to third parties without the prior written approval of the other party.
Art. 12 Jurisdiction and competent court
This contract and all legal relationships deriving from it are governed exclusively by Italian law; any related dispute is subject to the exclusive Italian jurisdiction. Without prejudice to the application of the mandatory provisions of the law established for the protection of the consumer, for any dispute related to this contract, after an attempt at mediation at the Chamber of Conciliation of Bari (BA), the exclusive competence of the Civil Juridical Court of Bari is recognized ( BA).