Privacy Policy

    Privacy Policy

    What is this document? Through this privacy statement drawn up pursuant to art. 13 European Reg. n. 679/2016 (" General Data Protection Regulation " or " GDPR ") and in compliance with the principles contained therein, Aprile Srl intends to inform each user (" the User ") of the processing of personal data collected through the website www.lucianoaprile .com

    Purpose of the processing, Legal basis, Personal data processed and Retention period

    The Data Controller acquires personal data for the following purposes, as specified below, where the legal basis and duration of data processing are also highlighted.

    Purpose

    Personal data

    Legal basis

    Storage period

    Account creation and management

    ✓ Personal Information (Name and surname)

    ✓ Contact details (email address)

    Execution of pre-contractual measures [Art. 6, 1, lett. b) GDPR]

    Until the cancellation of the account and in any case no later than 24 months from the date of last contact.

    Manage the purchase and shipment of products.

    ✓ Personal Information (Name and surname)

    ✓ Contact details (email address, phone number)

    ✓ Shipping address

    Execution of a contract [Art. 6, 1, lett. b) GDPR]

    Until the cancellation of the account and in any case no later than 24 months from the date of last contact.

    Contact and customer care .

    ✓ Personal Information (Name and surname)

    ✓ Contact details (Email address, phone number)

    ✓ Purchase history

    Execution of pre-contractual and/or contractual measures [Art. 6, 1, lett. b) GDPR]

    For the period necessary for the response.

    Newsletters.

    ✓ Personal Information (Name and surname)

    ✓ Contact details (Email address)

    Consent [Art. 6, 1, lett. a) GDPR]

    Until consent is withdrawn and in any case no later than 24 months from the date of last contact.

    Communications for Marketing Purposes.

    ✓ Personal Information (Name and surname)

    ✓ Contact details (Email address)

    ✓ Shipping address

    Consent [Art. 6, 1, lett. a) GDPR]

    Until consent is withdrawn and in any case no later than 24 months from the date of last contact.

    Profiling aimed at analyzing your consumption habits to target commercial offers of interest.

    ✓ Personal Information (Name and surname)

    ✓ Contact details (Email address)

    Shipping address

    Consent [Art. 6, 1, lett. a) GDPR]

    Until consent is withdrawn and in any case no later than 12 months from the date of last contact.

    Apply for a job position

    ✓ Personal Information (Name and surname)

    ✓ Contact details (Email address)

    ✓ Data relating to the course of study

    ✓ Data relating to the professional path

    Execution of pre-contractual measures [Art. 6, 1, lett. b) GDPR]

    2 years.

    Fulfillment of legal obligations, including those of a fiscal nature.

    ✓ Personal Information (Name and surname)

    ✓ Contact details (Email address)

    Legal obligation [Art. 6, 1, lett. c) GDPR]

    According to the applicable legislation.

    Improvement of the website by analyzing how Visitors or Users navigate and/or use the website.

    ✓ IP address

    Legitimate Interest

    [Art. 6, 1, lett. f) GDPR]

    Not applicable (aggregated or anonymous data).

    Prevention of fraudulent activities and exercising the rights of the Owner in court

    ✓ Personal Information

    ✓ Contact details

    Legitimate Interest

    [Art. 6, 1, lett. f) GDPR]

    10 years

    In the event that the User prefers not to communicate mandatory and/or necessary data for the fulfillment of certain purposes, the Owner reserves the right not to provide the service.

    The User can ask for clarifications on the legal basis of each treatment at any time.

    Processing methods

    The processing takes place using automated and/or manual IT and telematic tools designed to guarantee the security measures suitable for preventing access, disclosure, loss, incorrect, illicit or unauthorized use of the data.

    Data access

    Personal Data may be shared with the following external subjects: i) Internet service providers and platforms used by the Data Controller as organization tools, communication and/or promotion channels (eg Shopify Inc. for the payment management service whose privacy policy is available at the following link ; Zendesk Inc. for the helpdesk and customer care service whose privacy policy is available at the following link ); ii) consultants and other service providers who perform services for us or on our behalf and require access to such information to perform that work; eg Klaviyo Inc., for the CRM service).

    iii) shippers, carriers and couriers.

    These subjects act as independent data controllers or data processors. In the latter case, the Data Controller has entered into a specific agreement pursuant to art. 28 GDPR (Appointment as Data Processor). The list of data processors is available by sending a request to the Data Controller at Aprile2.0@libero.it .


    Personal data will also be processed by the internal staff of the Data Controller specifically authorized pursuant to art. 29 of the GDPR.


    Place of Data Processing

    Personal data is processed at the Data Controller's headquarters, as well as on the servers that host the website www.lucianoaprile.com . Personal data is stored on servers located in the EU and will in no case be transferred outside of them. The Data Controller ensures that when using cloud providers established outside the EEA, the processing of personal data by these recipients is done in accordance with applicable law. The transfers are carried out with adequate guarantees, such as adequacy decisions, standard contractual clauses approved by the European Commission or other guarantees foreseen by the GDPR.

    Rights of the interested party

    The User can exercise all the rights foreseen by the articles 15-21 of the GDPR at any time and without unjustified limitations, by contacting the Data Controller at the email address Aprile2.0@libero.it . Requests are filed free of charge and processed by the Data Controller within 30 days.

    In particular, the User can:

    • Obtain confirmation that a treatment is in progress (Art.15);
    • Obtain the rectification of inaccurate or incomplete data (Article 16);
    • Obtain the deletion of data without unjustified delay (Article 17);
    • Limit the processing of personal data only to part (Article 18);
    • Receive a copy of the personal data held by the owner, in a commonly used format and readable by an automatic device; obtain unhindered transfer to another Data Controller (Art. 20);
    • Oppose the processing of personal data at any time. (Article 21);
    • With regard to the purposes of the processing that are based on consent, revoke it at any time.

    Complaints

    The User can always lodge a complaint with the competent Authority (Guarantor for the Protection of Personal Data), pursuant to Art. 77 of the GDPR, if it is believed that the Data Controller processes their Personal Data in violation of the applicable legislation.

    Changes

    The Data Controller reserves the right to modify and update the following Privacy Policy following any new provision of national or European law on the protection of personal data.

    General conditions of Sale

    Premise

    This information is provided for the website “www . Lucianoaprile.com” ( Site ) owned by Aprile SRL, with headquarters in Corso Vittorio Emanuele, 72 – 25125 Amantea (CS), Registered in the Chamber of Commerce of Cosenza, with VAT no. 03791580784, with tax code 03791580784 , share capital of €10,000.00 iv ( Seller ).

    Art. 1. Scope of application

    1.1 Any sale on the Site constitutes a distance contract governed by Chapter I, Title III (articles 45 and following) of Legislative Decree 6 September 2005, n. 206 ( Consumer Code ) and by Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce.

    1.2 The General Conditions of Sale apply to all sales made by the Seller on the Site. The terms indicated are to be understood as working days, therefore excluding Saturdays, Sundays and national holidays.

    1.3 The General Conditions of Sale can be modified at any time. Any modifications and/or new conditions will be in effect from the moment of their publication on the Site. You are therefore invited to access the Site regularly and to consult, before making any purchase, the most updated version of the General Conditions of Sale.

    1.4 The applicable General Conditions of Sale are those in force on the date the purchase order is sent.

    1.5 These General Conditions of Sale do not regulate the sale of products and/or services by subjects other than the Seller which may be present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with these subjects it is necessary to check their conditions of sale. The Seller is not responsible for the provision of services and/or for the sale of products by such subjects. On the websites that can be consulted via these links, the Seller does not carry out any checks and/or monitoring. The Seller is therefore not responsible for the contents of these sites or for any errors and/or omissions and/or violations of the law by them.

    1.6 You are required to carefully read these General Conditions of Sale as well as all other information that the Seller provides on the Site.

    1.7 The forwarding of the purchase order constitutes acceptance of these General Conditions of Sale.

    Art. 2. Purchases on the Site

    2.1 Purchase on the Site

    • can take place after registering on the Site
    • it is allowed both to users who have the quality of consumers and to users who have the quality of professionals. Pursuant to art. 3, I paragraph, lett. a) of the Consumer Code, it should be remembered that the natural person who acts for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out has the quality of consumer; while pursuant to art. 3, paragraph I, lett. c) of the Consumer Code, the natural or legal person who acts in the exercise of his entrepreneurial, commercial, craft or professional activity, or one of his intermediaries, has the quality of professional.

    2.2 In the case of orders, from anyone, which are anomalous in relation to the quantity and/or frequency of purchases, the Seller reserves the right to take all necessary actions to stop the irregularities.

    2.3 The Seller reserves the right to refuse or cancel orders that come from:

    • by a user with whom the Seller has an ongoing legal dispute
    • by a user who has previously violated the General Conditions of Sale
    • by a user who has been involved in crime
    • by a user who has released false, incomplete or otherwise inaccurate identification data or who has not promptly sent the Seller the documents requested by the same or who have sent invalid documents.

    2.4 Before purchasing any food Product offered for sale on the Site, you are requested to inform the Seller if you suffer from any type of food allergy, impatience or intolerance. If you do not make this communication, the Seller is in no way responsible for any type of damage that you may have suffered from the purchase of Food Products on the Site.

    Art. 3. Registration on the Site

    3.1 To register on the Site, you must fill in the appropriate form, entering the following data:

    • e-mail
    • password.

    3.2 You undertake to immediately inform the Seller in the event that you suspect or become aware of any improper use or disclosure of your access credentials to the Site.

    3.3 The user registered on the Site guarantees that the personal information provided by him is complete and truthful and undertakes to hold the Seller harmless and indemnified from any damage, compensation obligation and/or sanction deriving from and/or in any way connected to the violation by part of the user of the rules on registration on the Site or on the conservation of registration credentials and/or the provision of false, incomplete or in any case inaccurate personal data, without prejudice to the Seller's right to proceed with disabling the user's account.

    Art. 4. Information directed to the conclusion of the contract

    4.1 In compliance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, the Seller informs you that:

    • to conclude a purchase contract on the Site, you must complete an order form in electronic format and send it to the Vendor, electronically, following the instructions that will appear from time to time on the Site
    • the contract is concluded when the order form reaches the Seller's server
    • once the order form has been received, the Seller will send you the order confirmation to the e-mail address indicated, containing:
      • information relating to the characteristics of the purchase
      • the indication of the price.

    Art. 5. Availability of Products

    5.1 The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that several users purchase the same Product at the same time, that the Product ordered is no longer available after the transmission of the purchase order.

    5.2 The Site contains information relating to the availability of each Product.

    5.3 You will be informed in case of unavailability of the Product ordered. In this case, you will be entitled to terminate the purchase contract pursuant to and for the purposes of the provisions of art. 61, IV and V paragraph, of the Consumer Code.

    5.4 Alternatively, you may accept:

    • if a restocking is possible, an extension of the delivery terms, offered by the Seller, with indication of the new delivery term
    • if a restocking is not possible, the Seller will supply a different product, of equivalent or higher value, upon payment, in the latter case, of the difference, and upon express acceptance by the user.

    5.5 If a refund of the amount paid for the purchase of Products which later turned out to be unavailable is requested, the Seller will make the refund within a maximum period of 15 days.

    5.6 In the event that you exercise the right of termination pursuant to art. 61, IV and V paragraph, Consumer Code, the contract is terminated; in the event that the payment of the total amount due, consisting of the price of the Product, the shipping costs, if applied, and any other additional cost, as resulting from the order ( Total Amount Due ) has already taken place, the Seller will reimburse the Total Amount Due in accordance with the provisions of the article "Methods of payment" below.

    Art. 6. Information Sheet

    6.1 Each product is accompanied by an information page which illustrates its main characteristics ( Information Sheet ). The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. However, the colors of the Products may differ from the real ones due to the settings of the IT systems or the computers you use to view them. Furthermore, the images of the Product in the Information Sheet may differ in size or in relation to any accessory products. These images must therefore be understood as indicative and with usage tolerances.

    Art. 7. Prices

    7.1 All the prices of the Products published on the Site are inclusive of the Value Added Tax.

    7.2 The Seller reserves the right to change the price of the Products, at any time, without notice, it being understood that the price charged to you will be the one indicated on the Site at the time the order is placed and that any changes will not be taken into account (increasing or decreasing) subsequent to the transmission of the same.

    7.3 Shipping costs, if any, are expressly and separately indicated in the order form, before the user sends it.

    Art. 8. Purchase orders

    8.1 The Seller will ship the Products only after receiving confirmation of the payment authorization or after the Total Amount Due has been credited. The ownership of the Products will be transferred to you at the time of shipment, to be understood as the moment of delivery of the Product to the carrier. The risk of loss or damage to the Products, for reasons not attributable to the Seller, however, will be transferred to you when you, or a third party designated by you and other than the carrier, physically takes possession of the Products.

    The Service you have chosen will only be performed following payment of the Total Amount Due. The Seller reserves the right not to provide the service if, after submitting your purchase order, it is ascertained that you have not paid all or part of the Total Amount Due.

    8.2 The purchase contract is resolutely conditional on non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will consequently be cancelled.

    8.3 In order to send a purchase order, it is necessary to read and approve these General Conditions of Sale, by selecting the appropriate box on the purchase procedure pages. Failure to accept these General Terms and Conditions of Sale will make it impossible to make purchases on the Site.

    Art. 9. Method of payment

    9.1 The following payment methods are accepted on the Site:

    • Payment card
    • Bank transfer.

    9.2 The Seller accepts credit cards from the circuits:

    • VISA
    • MasterCard (Cirrus Maestro)
    • American Express

    In any case, they are indicated in the footer of each page of the Site.

    The charge will be made only after (i) the details of your payment card used for payment have been verified and (ii) the company issuing the payment card you used has released the debit authorization.

    The confidential data of the payment card (card number, holder, expiration date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by the Seller. The Seller therefore never has access to and does not store, even if you choose to store such data on the Site, the data of your payment card used to pay for the Products.

    The charge will be made when the order is sent.

    9.3 In the event that you choose bank transfer as the payment method, the Seller, once the order has been received, will communicate the bank details and the deadline for carrying out the transfer via email. The e-mail may contain the request to send the receipt of the bank transfer or the confirmation of the execution of the same by e-mail.

    In the case of payment by bank transfer, the delivery times of the Product indicated in the Product Sheet and/or on the Site will start from the date of receipt of the transfer by the Seller and not from the date of transmission of the order, as happens in the case which you choose other payment methods.

    Unless otherwise agreed, the Services will be rendered only after receipt by bank transfer of the Total Amount Due.

    You are kindly requested to indicate the following data in the reason for the transfer:

    • the order reference number
    • the date of placing the order
    • name and surname of the holder of the order, if different from that of the holder of the current account from which the transfer originates.

    From sending the order, you must arrange for payment within 2 working days. Failing that, the Seller reserves the right to cancel the order in the following 5 working days.

    Shipping information

    Deliveries of the purchased Products are made:

    in specific countries:

    • Austria
    • Belgium
    • Bulgaria
    • Cyprus
    • Croatia
    • Denmark
    • Estonia
    • Finland
    • France
    • Germany
    • Italy
    • Latvia
    • Lithuania
    • Luxembourg
    • Malta
    • Netherlands
    • Poland
    • Portugal
    • Czech Republic
    • Romania
    • San Marino
    • Spain
    • Sweden
    • Swiss
    • Hungary.

    The delivery obligation is fulfilled by transferring to you the material availability or in any case control of the Product.

    10.2 Shipping costs are indicated from time to time on the Site and/or in the Product Sheet.

    10.3 From the date the order is sent, the Products will be delivered within 30 days and, in any case, within thirty days from the date of conclusion of the contract.

    10.4 It is up to you to check the condition of the delivered Product. It being understood that the risk of loss or damage to the Product, for reasons not attributable to the Seller, is transferred when you, or a third party designated by you and other than the carrier, materially takes possession of the Product, the Seller recommends that you check the number of Products received and that the packaging is intact, not damaged, wet or otherwise altered, even in the sealing materials and you are invited, in your interest, to indicate any anomalies on the carrier's transport document, accepting the package with reserve . In the event that the package shows obvious signs of tampering or alteration, it is advisable to promptly notify the Seller. In any case, the application of the rules on the right of withdrawal (if existing for the Product) and the legal guarantee of conformity remains valid.

    Refund Policy

    Art. 11. Right of withdrawal

    11.1 In the event of a purchase on the Site, unless otherwise indicated, you do not enjoy the right of withdrawal provided for by art. 52 of the Consumer Code with reference to the Product or Products indicated in this article. In fact, on the Site there are: sold goods that risk deteriorating or expiring rapidly, sold sealed goods that do not lend themselves to being returned for hygienic or health protection reasons.

    Art. 12. Legal guarantee

    All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by articles 128-135 of the Consumer Code ( Legal Guarantee ).

    To whom it applies

    The Legal Guarantee is reserved for consumers. Therefore, it is applied only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.

    When to apply

    The Seller is liable to the consumer for any lack of conformity of the Product and which occurs within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.

    Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. Starting from the seventh month following the delivery of the Product, it will instead be the consumer's responsibility to prove that the lack of conformity already existed at the time of delivery of the same.

    In order to take advantage of the Legal Guarantee, the consumer must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the consumer, for the purposes of this proof, to keep the purchase invoice or any other document that can certify the date the purchase was made (for example the payment card statement) and the date of the delivery.

    In the event of termination of the contract, the Seller will return the total amount paid to the consumer, consisting of the purchase price of the Product, shipping costs and any other additional costs. In the event of a price reduction, the Seller will return the amount of the reduction, previously agreed with the consumer. The refund or reduction amount will be credited to the means or payment solution used by the consumer for the purchase.

    The Seller is not liable in the event of damages of any kind resulting from the use of the Product improperly and/or not in compliance with the instructions provided by the manufacturer, as well as in the event of damages deriving from unforeseeable circumstances or force majeure.

    If you made the purchase as a "professional" in accordance with the provisions of the Consumer Code, the previous paragraphs of this article do not apply. Your purchase on the Site will be subject to the legal guarantee provided for by art. 1490 civil code

    Art. 13. Applicable law and competent court; out-of-court settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution

    13.1 The purchase contracts concluded through the Site are governed by Italian law. Without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence.

    13.2 We remind you that in the case of a consumer user, for any dispute relating to the application, execution and interpretation of this document, the court of the place in which the user resides or has elected domicile is competent. In the case of a professional user, for any dispute relating to the application, execution and interpretation of this document, the Court where the Seller is based is competent, pursuant to the provisions of article 1 above.

    13.3 Pursuant to art. 141-sexies, paragraph 3 of the Consumer Code, the Seller informs the user who qualifies as a consumer pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code, that, in the event that he has presented a complaint directly to the Seller, following which it has not been possible to resolve the dispute thus arisen, the Seller will provide information regarding the body or bodies of Alternative Dispute Resolution for the out-of-court resolution of disputes relating to obligations deriving from a contract concluded on the basis of these General Conditions of Sale (ADR bodies, as indicated in articles 141-bis and following of the Consumer Code), specifying whether it intends to avail or less of such bodies to resolve the dispute itself.

    13.4 The Seller also informs the user who qualifies as a consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code that a European platform has been established for the online resolution of consumer disputes (so-called ODR platform). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/ ; through the ODR platform, the consumer user will be able to consult the list of ADR bodies, find the link to the site of each of them and start an online resolution procedure for the dispute in which he is involved.

    13.5 In any case, the right of the consumer user to appeal to the competent ordinary judge of the dispute deriving from these General Conditions of Sale is reserved, whatever the outcome of the procedure for the out-of-court settlement of disputes relating to consumer relations by recourse to the procedures of referred to in Part V, Title II-bis of the Consumer Code.

    13.6 The user who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for disputes of modest entity, by Regulation (EC) no. 861/2007 of the Council of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the regulation is available on the website www.eur-lex.europa.eu .

    Art. 14. Customer service and complaints

    It is possible to request information, send communications, request assistance or submit complaints by contacting the Seller in the following ways:

    • by completing and sending the form available at the following link "https://customercare.iginiomassari.it/hc/it/requests/new"
    • by telephone, at the following number: Specified in "Contacts".

    The Seller will respond to complaints presented within 5 days of receipt of the same.

    Art. 15. Miscellaneous

    • 15.1 Delivery costs are free for orders equal to or greater than Euro 155.00 for the following countries: Austria, Belgium, Croatia, Czechia, Vatican City, Denmark, Finland, France, Germany, Ireland, Italy, Luxembourg, the Netherlands, Poland, Portugal, Republic of San Marino, Slovenia, Spain, Sweden, Hungary.
    • 15.2 The delivery date of the Product is estimated during the purchase process, the Seller will do everything possible to respect the date estimated by the Site which remains indicative.
    • 15.3 Exclusively for corporate/corporate orders over 50 units, it is possible to contact the Seller at the e-mail address ordini@iginiomassari.it. In this hypothesis, the Seller reserves the right to accept the purchase order and to agree with the customer the methods of delivery of the Product.
    • 15.4 The "pre-order" option allows you to select, on a special calendar that appears in the purchase process, an indicative date on which you would prefer to receive the Product/s. Once the date has been selected, the Site will determine a period of time including the date indicated by you within which the Seller will do its best to deliver the Product(s). Also in this case the delivery term must be considered indicative and not mandatory
    • 15.5 You can contact the Seller by telephone at the numbers indicated for each point of sale in the "Contact" section.

    contact info

    Owner and contact details

    Aprile Srl ( ”Sole Administrator Aprile Angelo Antonio for the purposes of Art. 4(7) GDPR), with registered office in Corso Vittorio Emanuele 72, 87032 Amantea.

    Contact address: Aprile2.0@libero.it 

    contact info