GENERAL CONDITIONS OF USE AND GENERAL CONDITIONS OF SALE
RAMPOLDI SAM (hereinafter “RAMPOLDI SAM“) is the owner and operator of the RAMPOLDI trademark (hereinafter the “Brand“). Products bearing the RAMPOLDI trademark are sold exclusively online on the www.rampoldi.mc website (hereinafter “the Site“).
These General Terms and Conditions of Sale apply to any person visiting or making a purchase on the Site (hereinafter the “Customer“). All Customers shall read these General Terms and Conditions before confirming their order. As these General Terms and Conditions may be subject to change, the applicable conditions are those in force on the Site on the date your order is placed.
TITLE 1: General Conditions of Use of the Site
Chapter 1: Access to the site
The Site is freely accessible to any Customer wishing to discover the products sold by RAMPOLDI.
The mere browsing of the Site does not entail the obligation to register or open an account.
RAMPOLDI SAM and its service providers endeavour, as far as possible, to keep the services of the Site accessible 7 days a week and 24 hours a day, but access may be interrupted at any time, particularly for reasons of maintenance and upgrading of the Site, or for any other technical reasons.
RAMPOLDI SAM is in no way responsible for these interruptions and the consequences that may result for the Customer or any third party. RAMPOLDI SAM does not provide any personal assistance or “hot line” in connection with the Internet network and the Site.
RAMPOLDI SAM may at any time terminate its services or amend their characteristics, particularly for technical reasons, without prior notice.
Chapter 2: Intellectual Property
2.1 RAMPOLDI SAM is the owner and operator of the Brand and the Site, its name, design and content. This includes, but is not limited to, documentation, images, logos, characters, design, music, software, codes and script formats. The content of the Site is protected by copyright. Reproduction, amendment, transmission, publication, for any purpose, by any means and on any medium whatsoever, is strictly forbidden without prior written authorisation from RAMPOLDI SAM, under penalty of prosecution.
2.2 The names of the products sold, trademarks, logos, graphics, photographs, animations, videos and texts published on the Site are the exclusive property of RAMPOLDI SAM and, where applicable, of its commercial partners and may not be reproduced, used or represented without the express authorisation of RAMPOLDI SAM or its partners, under penalty of prosecution.
2.3 The rights to use the Site granted to the Customer are reserved for strictly private and personal use in the context of browsing the Site.
Chapter 3 – Internet network security
3.1 Warning to Customers
Any Customer uses the Site and the Internet networks as a whole under his sole responsibility.
3.2 General warning
For the operation of the Site, RAMPOLDI SAM complies with the technical security standards in force regarding the protection of the Site against viruses, hackers, worms, and other known cyber-attacks.
The Site is subject to a security system. RAMPOLDI SAM has adopted the SSL encryption process but has also reinforced all scrambling and encryption processes to protect all personal data as effectively as possible as well as online payment methods.
However, RAMPOLDI SAM declines all responsibility for any problems and damage that may occur if the Site is attacked by a virus or any other external intervention or malicious software.
The Customer using the Site acknowledges that he/she is expressly informed of the risks related to the technical specificities of the Internet network.
3.3 Warning concerning links to third party sites
The Site may contain hypertext links to websites managed by third parties. Despite the diligence exercised in the choice of advertisers, RAMPOLDI SAM cannot exercise permanent control over these sites or assume any responsibility for their content. The Customer is informed that the fact that these sites are published on the Site does not in any way engage RAMPOLDI SAM’s responsibility for the Customer’s navigation on these sites and its consequences. RAMPOLDI SAM therefore gives no guarantee concerning:
- The truthfulness, topicality, quality, completeness and exhaustiveness of the content of the indexed web sites
- Relevance and completeness of indexed websites
- Difficulties in accessing and operating these websites
Consequently, RAMPOLDI SAM may not be held liable in the event of a dispute arising between a site indexed on the Site and the Customer. The operators of the referenced sites are solely responsible for compliance with all regulations applicable to the products or services offered to Customers, and in particular the laws and regulations relating to:
- Distance selling,
- Consumer protection,
- Misleading or deceptive advertising,
- Conformity of products and services,
- Specific regulations for the products and services under consideration.
Chapter 4 – Nettiquette (network ethics)
The Customer is informed that RAMPOLDI SAM wishes to promote a fair and ethical use of the Internet. Consequently, the Customer undertakes not to use the Site for illicit purposes and in particular not to disseminate any message or information whatever its form or nature:
- contrary to public order or morality,
- contrary to the respect of privacy,
- offensive, defamatory, racist, xenophobic, revisionist or damaging to the honour or reputation of others,
- inciting discrimination, hatred,
- threatening a person or a group of people,
- of a pornographic or paedophilic nature,
- inciting to commit a crime, misdemeanour or act of terrorism or condoning war crimes or crimes against humanity,
- inciting to suicide,
- violating the legislation on the secrecy of correspondence,
- or, in general, contrary to a regulation or law in force.
Chapter 5 – Restriction of access
RAMPOLDI SAM reserves the right to refuse any Customer access to all or part of the Site unilaterally and without prior notification, particularly in the event of a clear violation of the terms of this document.
TITLE 2 : General Terms and Conditions of Sale
Chapter 1 – Products – Ordering and sales
1.1 The products offered for sale on the Site are reserved for any natural person over the age of majority who is capable and acting for his or her own personal use. Thus any resale of the products sold on the Site is prohibited. Any individual or legal entity wishing to purchase products offered on the Site for resale is invited to contact RAMPOLDI SAM at the following e-mail address: [email protected] or by telephone on +37793307065.
In accordance with the provisions of article 8 of the Ordinance n. 2.533 of 15/10/1941 regarding the manufacture, sale and consumption of alcoholic beverages, the sale and home delivery of alcohol to minors is prohibited. RAMPOLDI SAM reserves the right to refuse the sale of alcoholic beverages and or to request proof of civil status from the Customer for any order involving or including one or more alcoholic beverages.
1.2 Each product presented on the Site is the subject of an information sheet which can be accessed by clicking on the photo of the product. This sheet gives the main characteristics of the product:
- the name of the foodstuff
- the list of ingredients
- any ingredient or processing aid which appears on a list fixed by ministerial order or derived from a substance or product appearing on the said list causing allergies or intolerances, used in the manufacture or preparation of a foodstuff and still present in the finished product, even in a modified form
- the net quantity of food
- the date of minimum durability or use-by date
- for beverages containing more than 1.2% alcohol by volume, the actual alcoholic strength by volume
- the country of origin or place of provenance
Other compulsory information is given on the product itself or on an accompanying leaflet, namely:
- the special conditions of storage and use
- the batch number
- instructions for use, where its absence would make it difficult to use the food properly
The product offers and prices proposed by RAMPOLDI SAM are valid as long as they are visible on the Site, within the limits of available stocks. RAMPOLDI SAM reserves the right to change the products offered on the Site at any time and without notice.
Any order implies registration on the Site for the creation of an account by the Customer.
When browsing the Site, the Customer chooses the product he wishes to order from among the Products offered for sale by clicking on the “add to basket” button. The Customer also chooses the quantity of the Product added to the basket.
Once this operation has been carried out, the Customer can continue shopping or finalise his order. The contents of his basket will then be displayed on the screen mentioning the list of Products, the total amount of the order and the means of payment accepted.
After having read the status of his order in the basket, the Customer then proceeds to choose the delivery method and his means of payment. The Customer is then invited to accept these General Terms and Conditions by ticking the box provided for this purpose.
The data recorded by RAMPOLDI SAM constitutes proof of all transactions between the Customer and RAMPOLDI SAM.
Once the order has been confirmed and its payment validated, a summary of the order is displayed, specifying in particular the order number.
An order confirmation e-mail is sent as soon as possible to the e-mail address provided by the Customer and contains the following information in particular:
- RAMPOLDI SAM’s contact details
- The order references
- The summary of the order and the main characteristics of the products
- Estimated delivery times, costs (and possible restrictions)
- The total amount of the order including all taxes (except if delivery outside the European Union)
If, despite its vigilance, and due to technical problems beyond the control of RAMPOLDI SAM, the articles should be unavailable after the Customer’s order, RAMPOLDI SAM will send an information e-mail as soon as possible. The Customer may then cancel the order according to the terms indicated in chapter 5 of Title 2.
1.3 The sale of RAMPOLDI SAM products is concluded upon receipt of payment by RAMPOLDI SAM.
The products sold shall remain the property of RAMPOLDI SAM until they are dispatched by handing them over to the carrier.
Chapter 2 – Account creation – Login – Password
To create an account on the Site, the Customer shall create a password and fill in a personal data collection form by filling in the mandatory fields marked with an asterisk, in particular his Surname, First Name, E-mail Address, date of birth, billing address, delivery address (address to which delivery can be made), telephone number.
Each Customer who creates an account (personal space) on the Site has a personal identifier and password. The password enabling the Customer to identify himself and to connect to the services shall always remain confidential. The Customer is solely responsible for the use of his password. The Customer undertakes to keep his password secret and not to disclose it in any form whatsoever.
Chapter 3 – Prices and Taxes
The prices displayed on the Site are indicated in Euros, all taxes included (VAT included). The VAT rate is the rate in force in Monaco at the time of the order.
Any order placed on the Site, delivered outside the territory of the European Union may be subject to possible taxes and customs duties which are imposed when the parcel reaches its destination.
These customs duties and taxes are the responsibility of the Customer. RAMPOLDI SAM is not obliged to check and inform the Customer of the applicable customs duties and taxes. The Customer residing outside the territory of the European Union is invited to inquire about the import amounts beforehand.
Chapter 4 – Deliveries
4.1 Methods of delivery
As soon as the order is confirmed by RAMPOLDI SAM, the package is handed over to the carrier. An e-mail is sent to the Customer as soon as the carrier takes charge of the order with the order tracking number.
The transfer of risk will take place upon receipt of the delivery to the address indicated by the Customer. The recipient shall check the condition of the products as soon as they arrive and, if necessary, take recourse against the carrier.
In the event of missing, lost, or damaged products, the Customer shall make all the reservations he deems necessary with the responsible carrier upon delivery of the products:
- Immediately and reliably establish the nature and extent of the damage at the time of receipt on the transport note.
- Confirm to the carrier, at the latest within three days of receipt of the items transported, a justified claim by registered letter.
These two conditions are inseparable and mandatory to the implementation of the carrier’s liability.
4.2 Delivery time
Any order placed before 12 noon and paid for by credit card or Paypal will be processed and dispatched the same day (subject to availability of the product ordered in stock). Any order received after 12 noon on Friday or the day before a public holiday in Monaco will only be processed on the next working day.
Depending on the place of delivery, and from the day after the date of sending the e-mail confirming the delivery to the carrier, it is necessary to consider:
- For a delivery in Metropolitan France / Monaco: 24 to 48 hours
- For delivery within the European Union: 2 to 3 working days
- For delivery outside the European Union: 5 to 10 working days depending on your country of delivery.
These deadlines are given for information purposes only and do not under any circumstances constitute a contractual commitment fom RAMPOLDI SAM.
For destinations in Europe, the order will be delivered within a maximum period of 30 days from the date of sending the e-mail confirming delivery to the carrier. After this period, the carrier shall be liable.
Delivery times outside the European Union depend in particular on the processing times of the local customs authorities who handle the flow of goods.
At the time of ordering, the Customer is invited to carefully check the delivery address and the billing address if different. It is strongly advised to provide a valid telephone number so that the carrier can easily reach the recipient if necessary.
Neither RAMPOLDI SAM nor the carrier can be held responsible for a delay in delivery if the telephone number or address is incorrectly filled in.
4.3 Delivery rates
Delivery charges depend on the geographical area of destination and the weight of the parcel. As an indication, the delivery costs are as follows: 20 – 25 euro.
Express delivery – For Monaco only, an “express delivery” option is offered for delivery within the day. This delivery will be made between 9:00 am and 9:00 pm, Monday to Friday. All orders placed after 2pm will be delivered the next day before noon.
The cost of this express delivery is 30€ including tax.
Chapter 5 – Payments
The Customer may pay for his order by:
- The accepted credit cards are: Visa®, MasterCard®, American Express®.
- Bank transfer
- Cheque (only for France, Monaco, Germany, Austria and Belgium). Payment by cheque shall be sent as soon as possible. The order will only be processed after the cheque has been cashed and made out to: RAMPOLDI SAM
- PAYPAL: the security of all international payments
No order will be processed until payment has been received and validated by RAMPOLDI SAM’s bank. It is specified that payment by credit card (secure – SSL) guarantees a much faster delivery without any misunderstanding.
RAMPOLDI SAM remains very vigilant regarding the security of payments made over the Internet and in particular by credit card.
Customers who choose to pay by credit card agree to provide their VISA, MasterCard or American Express card details (number and expiry date and name of the cardholder, excluding the cryptogram). As soon as the Customer confirms the information, his bank will send him a code on his mobile phone to be entered on the Site’s payment validation page.
Customers who do not have access to the enhanced authentication services offered by their bank will not be able to make the payment online and the transaction will be refused.
This security system has been imposed on establishments offering payment services and banking establishments within the European Union by Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, “DSP2”) to protect consumers and merchants against fraud.
The Customer who would face difficulties in paying online by credit card may contact RAMPOLDI SAM’s commercial services at (+377)97772901 in order to pay by credit card over the telephone using the credit card terminal.
Chapter 6 – Right of Withdrawal – Returns Policy
The activities of RAMPOLDI SAM (sale of delicatessen products over the internet) are governed by the provisions of Law No. 1.383 of 02/08/2011. It is specified that the aforementioned law n° 1.383 defines the consumer as “any natural person who, in contracts covered by this law, acts for purposes which are not within the scope of his professional activity”.
Any Customer having the status of consumer has the right to withdraw from the contract within seven (7) days of receipt of the products ordered.
In this case, the sale is simply cancelled and RAMPOLDI SAM will refund the price and shipping costs upon receipt of the products provided that the products are returned in their original packaging and in a strictly brand new condition.
In addition to the legal right of retraction from which the Customer benefits as provided for above, the Customer may, in case of dissatisfaction, return one or more items ordered and be reimbursed the amount corresponding to the product(s) returned including the shipping costs, subject to compliance with the following cumulative conditions:
- The Customer shall contact RAMPOLDI SAM’s Customer Service Department at the following e-mail address: [email protected] or by telephone on +37793307065 indicating the name, reference number, quantity of the products to be returned and the reason for the return.
- The product(s) concerned shall not have been opened or opened.
- The product(s) concerned shall be returned in their original packaging, or if this has been damaged, in new, strong and properly sealed packaging.
- The product(s) concerned shall be returned within 14 calendar days from the date of receipt of the order.
- The Customer shall keep proof that the parcel has been sent.
These return and refund provisions are only valid for deliveries made in Metropolitan France and Monaco.
RAMPOLDI SAM shall enclose a return slip in the packaging used to send the order. For all returns, the Customer shall use this slip to indicate the reasons for the return and the chosen method of refund.
In order to process the request quickly, it is important to fill in the return slip correctly and attach it to the product. All returns shall be made to the following address:
RAMPOLDI S.A.M. , 3 avenue des Spélugues 98000 Monaco (Principauté)
The costs of return are to be borne by the Customer.
Considering their nature and their fragility or their perishable nature, certain products such as our chocolates, fruit jellies, marrons glacés, cheeses as well as gift compositions containing these products are excluded from the right of withdrawal and cannot be returned.
Chapter 6 – Warranties and liabilities
RAMPOLDI SAM declines all responsibility if the product delivered does not comply with the legislation of the country of delivery other than France and Monaco.
Furthermore, in the event of non-substantial differences between the photos presenting the articles on our Site and the articles ordered, our responsibility will not be engaged.
Chapter 7: Miscellaneous provisions
7.1 Applicable law and jurisdiction
These conditions are subject to Monegasque law.
In the event of a dispute, the Monegasque courts shall have sole jurisdiction.
7.2 Protection of personal data
RAMPOLDI SAM is committed to protect personal data. All personal data concerning the Customer is collected and processed with the strictest confidentiality, in accordance with the provisions of RAMPOLDI SAM’s personal data protection policy. This can be consulted at any time on the Site.
7.3 – Amendments to these General Terms and Conditions
RAMPOLDI SAM reserves the right to amend these general conditions.
7.4 Partial invalidity
If one or more stipulations of these General Terms and Conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations shall retain their full force and scope.
7.5 Entire contract
These General Terms and Conditions and the order summary sent to the Customer form a contractual whole and constitute the entire contractual relationship between the Parties.
In the event of any contradiction between these documents, the General Terms and Conditions shall prevail.