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Legal information

Purchasing conditions

BluRhapsody® pasta is produced in limited edition and is sold exclusively by reservation.

The rights of www.blurhapsody.it website (hereinafter referred to as the “Website”) are owned by 3D Food S.r.l., with registered office in 43121 Parma (Parma), via Madre Teresa di Calcutta 3/A, tax code and VAT number 02842770345 and registered at Parma Chamber of Commerce under REA identification number – PR271335. The Website is dedicated to retail sale – both to consumers and professionals – of food and non-food products, as per administrative authorization granted by the Municipality of Parma (Parma), including products and/or services of other operators entrusting 3D Food S.r.l. with the marketing of their offering and/or promotions.

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PLEASE READ GENERAL PURCHASING CONDITIONS CAREFULLY (hereinafter referred to as “Conditions”) BELOW, AND PRINT AND/OR SAVE THEM ON OTHER LONG-TERM SUPPORTS AT YOUR CHOICE.

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These Conditions apply to marketing of BluRhapsody® pasta through the Website (hereinafter referred to as “Products”), and are valid exclusively between the company 3D Food S.r.l., with registered office in Parma (Parma), via Madre Teresa di Calcutta 3/A, tax code and VAT number 02842770345 and registered at Parma Chamber of Commerce under REA identification number – PR271335, hereinafter referred to as “3D Food” – on the one hand – and any entity purchasing Products on the Website, hereinafter referred to as “Customer” – on the other hand. These Conditions may be unilaterally modified by 3D Food and such changes shall be valid from the date of publication on the Website; it is understood that these changes shall apply to purchase contracts concluded after publication of changes.

These Conditions regulate purchase of Products on the Website, which are marketed in accordance with legal provisions including those referred to in Legislative Decree no. 206 of 2005 (hereinafter referred to as “Consumer Code”), as subsequently amended.

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  1. GENERAL CONDITIONS: the characteristics of Products are those described on the Website, which the Customer is required to read carefully before placing an order. Visual representation of Products on the Website, where available, exclusively aims at presenting them for sale and may not be perfectly representative of their characteristics and quality. A Customer’s order of Products sold through the Website shall be deemed to be a contract proposal and shall be regulated by these Conditions, which form an integral part of the order itself. Conditions applicable to each order shall be those published on the Website at the time of the order. Any new conditions shall be effective from the moment they are published on the Website and shall exclusively apply to subsequent sales.
  2. TERMINATION OF THE CONTRACT: all orders may be made directly by the Customer through the Website, where the Customer may file an order for the purchase of Products selected among those available by carefully following indications and procedures provided therein.
  3. ACCEPTANCE OF CONDITIONS: for order transmission, after carefully reading indications, the Customer shall use the check-box on the Website to explicitly accept these Conditions and declare that he/she has read the Privacy Policy. Filing of the order confirmation therefore implies full knowledge and full acceptance of these Conditions. The contract shall be deemed to be concluded upon receipt by the Customer of the order confirmation referred to in Article 4.
  4. ORDER CONFIRMATION: the Customer shall receive a confirmation of the order at the e-mail address provided during his/her purchase, including a list of Products purchased, their prices, and a reference, for summary purposes only, to General and specific Conditions applicable to the order. For special requests of customization (which may concern quantities, but also colours and shapes) information may be requested directly at this address:

e-mail: info@blurhapsody.com

In case the Customer does not receive the order confirmation within 30 (thirty) days of receipt of the relevant Customer order made through the Website, such purchase order shall be deemed as not accepted and the relevant proposal made by the Customer shall be deemed to be expired.

  1. DELIVERY: 3D Food organizes the delivery of Products purchased on the Website in Italy with the exception of the regions of Calabria, Sicily and Sardinia and smaller islands (including but not limited to the island of Giglio, the island of Elba, the Aeolian islands, etc.) and in the city of London (England). The Customer accepts that 3 (three) or more working days may elapse between the production date and the delivery date, depending on availability of stock. Through the Website the Customer may enter a delivery date, to be selected from dates indicated therein. Notwithstanding, deliveries are made 3 (three) days a week, that is on Tuesdays, Wednesdays and Thursdays, depending on the courier.

3D Food makes use of the courier General Logistics Systems Italy S.p.A. for deliveries in Italy and United Parcel Service for deliveries in London (or others providing a similar service) that shall organize delivery in isothermal containers for Products stored at a certified temperature that shall not exceed -18 °C (minus eighteen degrees Celsius), which shall guarantee, using appropriate methods, preservation of the cold chain in case the Consumer decides to receive frozen fresh pasta. If the Consumer selects fresh pasta, delivery shall be organized in isothermal containers for Products stored at a certified temperature that shall not exceed +4 °C (plus four degrees Celsius).

Important: Products are frozen and shall be delivered directly to the address indicated by the Customer.

Once delivered to the Customer, Products shall necessarily be stored in the freezer within a short time not to interrupt the cold chain. If they are not placed in the freezer within a short time of receipt, Products shall in any case be consumed within 24 hours of delivery.

3D Food may not be held liable for any loss, damage, incorrect delivery or non-delivery caused by events and/or causes of force majeure or unforeseeable circumstances, including but not limited to: natural disasters, adverse weather conditions (such as intense snow), strikes, accidents to means of transport, explosion or any other similar or different cause.

 

Unless explicitly indicated, the delivery price is not included in the price of Products and shall be explicitly communicated to the Customer before shipment. However, shipping costs shall be borne by 3D Food for orders totalling over Euro 100.00 (one hundred/00).

The Customer shall also pay 3D Food the delivery price indicated in the order confirmation referred to in Article 4.

  1. SELLING PRICES AND METHODS OF PURCHASING: all selling prices of Products indicated on the Website are inclusive of VAT. The total cost of shipping to the Customer’s address shall be borne by the Customer, except for cases expressly indicated on the Website. Such additional costs shall in any case be communicated to the Customer before confirmation of purchase.

3D Food reserves the right to refuse an order:

  • when Products are not available;
  • when the authorization is denied to charge the Customer the cost of Products.

If an IT, manual, technical or other type of error unforeseen by 3D Food occurs that may lead to substantially modify the selling price of Products or makes such price exorbitant or clearly negligible, the purchase order shall not be deemed as valid and shall be cancelled and the relevant amount paid by the Customer shall be refunded within 30 (thirty) days of cancellation.

  1. PAYMENT METHODS: the Customer may pay Products by means of a PAYPAL account or with VISA, American Express, Aura credit cards on a secure PAYPAL platform (which requires registration on PAYPAL website).

The Website uses third-party tools for payment processing and does not enter in any way in contact with payment data provided (credit card numbers, name of holders, passwords, etc.). If such third-party tools refuse to authorize payment, the contract shall not be deemed as concluded, 3D Food shall not be able to supply Products and shall not be held liable for any delay or non-delivery.

Any refund to the Customer shall be promptly credited using one of the methods proposed by 3D Food and selected by the Customer.

  1. INVOICE: the invoice shall be required by the Customer upon placing of the order on the Website, otherwise it shall not be issued. For issuance of the invoice, information provided by the Customer shall be used, which the Customer declares and guarantees to be authentic, releasing 3D Food of any responsibility in this regard.
  2. LIABILITY: 3D Food guarantees preservation of cold in compliance with prevailing regulations and quality standards on Products (especially food), exclusively up to the time of delivery at the place indicated by the Customer. Any liability relating to the bad condition of Products due to improper storage after delivery shall be excluded. 3D Food declines all and any liability for direct and indirect damages, of whatever nature they are or in whatever form they occur, stemming from improper use of Products, the Website and/or news, photographs and information contained therein and if delivery takes place, at the request of the Customer, inside his/her house.

3D Food may not be held liable for failure to fulfil or delayed fulfilment of its obligations, for circumstances beyond the reasonable control of 3D Food due to events of force majeure or, in any case, to unexpected and unforeseeable events and, in any case, events that do not depend on its will, including but not limited to, failures or interruptions to telephone or power lines, the Internet and/or other transmission tools, unavailability of websites, strikes, natural events, viruses and cyberattacks, interruptions in delivery of third-party Products, services or applications. Fulfilment of obligations by 3D Food shall be deemed as suspended for the period in which events of force majeure occur.

Furthermore, 3D Food shall not be held liable for (i) losses stemming from the Customer’s violation of these Conditions or (ii) for any failed marketing opportunities (including failed profits, revenues, contracts, alleged savings, data, goodwill or unnecessarily incurred expenses).

If it cannot reach the delivery area indicated by the Customer, ensuring quality standards of the aforementioned Products, 3D Food reserves the right to terminate the contract thus cancelling the order placed, without prejudice to its obligation to refund the Customer within the subsequent 48 hours.

  1. RIGHT OF WITHDRAWAL: provisions of the present article exclusively apply to the Customer qualified as consumer pursuant to Art. 3, Paragraph 1, Letter a) of the Consumer Code. Consequently, the definition of Customer reported in this article shall be deemed to be limited only to such entities and it is therefore understood that Customers who are not consumers pursuant to the Consumer Code shall not have the right of withdrawal. The Customer has the right to withdraw from his/her purchase of Products without any penalty and without specifying the relevant reason within 14 (fourteen) days from the date of receipt of Products. Notwithstanding, given that Products sold through the Website are fresh and/or frozen products, the Customer shall guarantee, personally or through third parties and at his/her own expense (since these are goods that by their nature cannot be returned by postal mail pursuant to Art. 49, Paragraph 1, Letter i)), that Products are returned to 3D Food – within 14 (fourteen) days from communication that the right of withdrawal is exercised – in a similar state of conservation to the one of Products received, the wrapping containing the Products still being closed, ensuring in any case that the cold chain has not been interrupted as Products have been stored at a minimum of -18 °C for fresh frozen pasta and of +4 °C for fresh pasta: returned Products shall therefore be suitable for sale to other entities. 3D Food reserves the right to check Products upon return and, if the aforementioned requirements were not met, withdrawal shall be deemed as not effectively exercised and the Customers shall not have any further opportunity of dispute.

If the Customer intends to withdraw from the order, he/she shall expressly declare it in writing to the email address info@blurhapsody.com, reporting details required to identify the purchase and the methods the Customer intends to use to return Products.

If the right of withdrawal is successfully exercised, 3D Food shall refund the Customer all payments made by him/her to the company for Products returned in the same state in which they had been received by the Customer, after ensuring that the cold chain has not been interrupted by storing Products at a minimum of -18 °C or +4 °C, promptly and in any case no later than 30 (thirty) days from the date of receipt of the notice of withdrawal. Refund shall be made by 3D Food using the same payment method selected by the Customer for the order of Products.

In addition to the above please note that, pursuant to Art. 59 of the Consumer Code, as amended by Legislative Decree 21/2014, the right of withdrawal shall not apply in the following cases:

  • order of tailored or clearly customized products;
  • order of products that are likely to deteriorate or expire rapidly;
  • order of sealed products that are not suitable for return for hygienic reasons or for reasons related to health protection or that have been opened after delivery.

Therefore, in relation to Products made on the basis of specific requests received from the Customer pursuant to Art. 4, the right of withdrawal shall not apply in any case.

  1. COMPLAINTS: any complaint shall be sent to the e-mail address: info@blurhapsody.com. BluRhapsody® shapes of both frozen and fresh pasta are checked one by one and placed in the packaging with the utmost care. However, if Products happen to have any manufacturing defects, the Customer shall immediately contact 3D Food and provide photographic evidence of damages identified. 3D Food shall not be held liable if Products break during preparation, cooking and plating. The Customer is therefore required to carefully read methods of preparation and storage of Products.
  2. PRIVACY POLICY: protection and treatment of personal data shall comply with the Privacy Policy, which can be found on page [].
  3. CONTACT: 3D Food may be contacted at the following e-mail address:

e-mail: info@blurhapsody.com.

  1. SECURITY: although 3D Food implements measures to protect Customers’ personal data against loss, falsification, manipulation and improper use by third parties, due to characteristics and technical limitations relating to protection of electronic communications via the Internet, 3D Food cannot guarantee that information or data viewed by the Customer on the Website, even after the Customer has logged in, are not accessed or viewed by unauthorized third parties.
  2. JURISDICTION: these Conditions and all disputes on execution, interpretation and validity of contracts concluded by 3D Food with Customers on the basis of orders placed on the Website shall be regulated by Italian law and the Court of Parma shall have exclusive jurisdiction.

If the Customer is a consumer (pursuant to Art. 3, Paragraph 1, Letter a) of the Consumer Code), the judge of the place of residence or domicile of the Consumer shall have mandatory territorial jurisdiction, if such place is located in Italy, without prejudice to the Customer-consumer’s right to bring proceedings before a judge other than that of the “consumer jurisdiction” pursuant to Art. 66-bis of the Consumer Code, which is competent by territory according to one of the criteria referred to in Arts. 18, 19 and 20 of the Code of Civil Procedure.

 

Pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, the Customer hereby specifically approves, after careful reading, provisions of Articles 5 (Delivery), 9 (Liability), 10 (Right of Withdrawal), 11 (Complaints), 12 (Privacy Policy), and 15 (Jurisdiction).

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