This section sets out the policies that apply to withdrawal, replacements, refunds and reports concerning Orta Food orders.
WITHDRAWAL ON CHANGE OF MIND
1.1 Persons entitled to the right of withdrawal
The right of withdrawal on second thoughts is granted exclusively to Customers who make purchases as consumers, i.e. for purposes unrelated to their business, commercial, craft or professional activities. Orders placed by providing a VAT number, company details, recipient code, certified email address (PEC) or other information attributable to a professional or commercial activity will be treated as purchases made for professional purposes, unless proven otherwise and without prejudice to any mandatory rights that may apply.
1.2 Submission of the request
To exercise the right of withdrawal, the Customer must complete the appropriate online form within the time limit specified in Article 2 of this document . Andante 1988 will assess the request to verify compliance with the time limits, the nature of the products purchased, the possible application of exclusions from the right of withdrawal, and the correct handling of the return.
1.3 Return instructions
The Customer must not dispatch any products independently before receiving, via the online form, the operational instructions for the return. Cash-on-delivery consignments, consignments where the recipient is liable for the costs, consignments lacking order references, or consignments sent to addresses other than those provided by Andante 1988 will not be accepted.
2.1 Duration of the period
Except in the cases of exclusion set out in these Policies and in the applicable legislation, the consumer Customer may exercise the right of withdrawal within 14 days from the date on which they, or a third party designated by them (other than the courier), take physical possession of the products. In the case of orders containing multiple products delivered separately, the period begins from receipt of the last product.
2.2 Deadline for returns
After validly notifying the withdrawal via the online form, the Customer must return the products within 14 days of the date on which the request was submitted, following the instructions provided exactly.
3.1 Exclusions
The right of withdrawal is excluded in the cases provided for by law and, in particular, for:
3.2 Withdrawal in relation to food and drink
The Customer acknowledges that the food products sold by Andante 1988, including foodstuffs, wines, alcoholic and non-alcoholic drinks, oils, vinegars, condiments and other products intended for human consumption, are susceptible to deterioration, alteration or loss of their quality characteristics, including as a result of circumstances arising after delivery. The organoleptic characteristics, integrity, quality, marketability and, where applicable, the safety of such products may be compromised by storage conditions beyond the Sellerâs control, exposure to light, heat, cold, humidity or temperature fluctuations, the opening or tampering with the packaging, contamination or other circumstances arising after delivery. For reasons of hygiene, food safety, supply chain protection, traceability and the impossibility of verifying with certainty the storage conditions following delivery, Andante 1988 does not accept requests for withdrawal due to a change of mind relating to food and drink products, to the extent permitted by applicable legislation.
3.3 Items not intended for human consumption
The right of withdrawal may only be considered for items not intended for human consumption which, by their nature and condition, can be returned intact and put back on the market without compromising their value, safety or functionality. This category generally includes gift items, tableware, unused kitchen utensils and tools, printed materials and other similar products.
3.4 Outcome of the inspection of the returned product
Should Andante 1988 determine that the returned product falls under an exclusion from the right of withdrawal, has been opened, tampered with, damaged, is unsuitable for resale or does not comply with the return conditions, the withdrawal will not be accepted.
Where a withdrawal is accepted, the Customer must return the product:
4.1 Liability for loss of value
The Customer is liable for any reduction in the value of the product resulting from handling other than that strictly necessary to ascertain its nature, characteristics and functioning. The Customer is also liable for any reduction in value, damage or loss of the product occurring during the return process if these are attributable, in whole or in part, to packaging that is insufficient, inadequate or unsuitable for the proper protection of the goods.
4.2 Arranging the return
The Customer is responsible for organising the return independently, choosing the courier or delivery service they deem most suitable, provided that the consignment is trackable and suitable for the nature, weight, fragility and value of the returned product.
4.3 Return costs
Unless otherwise notified by Andante 1988, the direct costs of return, packaging, insurance, postage and any additional charges shall be borne by the Customer. For shipments from non-EU countries, the Customer is also responsible for any return postage costs, customs clearance, duties, taxes, administrative charges and any costs arising from incomplete, incorrect or missing customs documentation.
In the event of a validly exercised and accepted right of withdrawal, Andante 1988 will refund the amounts received from the Customer for the products subject to withdrawal and, where applicable, the cost of the standard delivery option initially selected.
5.1 Refund method
The refund will be made using the same payment method used for the order, unless otherwise expressly agreed with the Customer.
5.2 Suspension of the refund
Andante 1988 may withhold the refund until the returned products have been received and their condition, integrity, return status and any reduction in value attributable to the Customer have been verified.
5.3 Reduction of the refund
Should the returned product be excluded from the right of withdrawal, or be damaged, broken, incomplete, tampered with, deteriorated, non-functional, unsuitable for resale, or have suffered a reduction in value attributable to the Customer, Andante 1988 may deduct from the refund an amount proportionate to the established reduction in value. Such a reduction in value may result, for example, from use exceeding what is necessary to inspect the product, tampering, missing components, loss or damage to the packaging, incorrect storage, or return packaging that is unsuitable for the nature, weight, fragility or value of the goods. Should the product be found to be completely devoid of commercial value, no longer saleable, unusable or irrecoverable for reasons attributable to the Customer â including as a result of the return shipment being made with inadequate packaging â Andante 1988 may retain the full amount paid for the product, with the consequent failure to issue a refund in respect thereof.
5.4 Assessment criteria
The assessment will be carried out on the basis of the condition of the product received, the packaging used for the return, the photographic evidence available, the dispatch details and any other information useful for determining the origin and cause of the damage.
REPLACEMENT AND/OR REFUND FOR DAMAGED, MISSING, INCORRECT OR NON-CONFORMING GOODS
6.1 Submission of the request
A Customer who has received a product that is damaged, missing, incorrect or affected by lack of conformity may submit a claim exclusively via the online form available on the website under the heading âRequest Return/Refund/Withdrawal â.
6.2 Applicable solution
Once the report has been verified and provided the conditions are met, Andante 1988 will determine the most appropriate solution in accordance with the provisions of Art. 12 of this document.
Upon delivery, the Customer is required to check:
7.1 Damaged parcels or missing items
If the parcel shows any externally visible damage or irregularities, or if the number of items delivered is fewer than that indicated in the dispatch documentation, the Customer must either:
7.2 Specific reservation
A general reservation is not sufficient. Where possible, the Customer must use specific descriptions such as: âpackage wetâ, âcrushed cardboardâ, âpackaging â, âtape tampered withâ, âpackage puncturedâ, â[X] parcels delivered instead of [Y]â or any other equivalent description.
7.3 Consequences of failure to inspect
Should the Customer fail to follow any of the procedures outlined above, they will not be entitled to request a replacement or refund for externally visible damage to the parcel or for non-delivery of parcels that can be immediately verified at the time of delivery.
7.4 Damage discovered upon opening
If the product inside is damaged despite the outer packaging being intact, a claim may still be made using the procedure set out in the following sections.
7.5 Missing items inside the parcel
A separate scenario applies where the Customer receives all the parcels listed but, upon opening, discovers one or more items are missing from a parcel: such a report will be assessed in accordance with the procedure set out in Article 10 of this document.
8.1 Deadline for reporting
A report of a damaged product must be made via the online form within 8 days of receiving the parcel.
8.2 Retention of the parcel and products
The Customer must retain the entire parcel, the outer packaging, protective materials, inner packaging, damaged products and any documents received until the verification process has been completed.
8.3 Information and documentation required
The form must include at least the following:
8.4 Assessment of unverifiable claims
Acceptance of a clearly damaged parcel without a specific reservation, failure to provide photographic evidence, failure to retain the packaging, or reporting the issue after the specified deadline may make it impossible to ascertain the cause, timing and liability for the damage. In such cases, should Andante 1988 be unable to verify that the damage was already present at the time of delivery or was attributable to transport, it may reject the request for a replacement or refund.
The Customer may submit a claim via the online form if the problem is attributable to the preparation of the order or to the product, including, by way of example:
9.1 The Customerâs obligations following notification
The Customer must not dispose of, use up entirely, return independently, dispose of or hand over to third parties the products covered by the report before receiving instructions via the online form, unless this is strictly necessary for reasons of hygiene, safety or by law.
9.2 Supplementary documentation and checks
Andante 1988 may request further photographs, clarifications, the return of the product, collection of the product, verification of the batch, verification of the weight or other relevant documentation.
10.1 Deadline for reporting
If the Customer believes that a product is missing or that they have received a product different from the one ordered, they must submit a report via the online form within 8 days of delivery.
10.2 Items to be retained and documented
To enable verification, the Customer must retain and document:
The packing list, the accompanying document, the stamped copy included in the parcel, the commercial invoice and the customs documentation are useful for verifying that the order and dispatch have been prepared correctly, together with photographs, tracking details, the number of packages and any weights recorded by the courier.
10.3 Illustrative images and product identification
Pursuant to Article 4 â âProducts, Product Descriptions and Illustrative Imagesâ of the âGeneral Terms and Conditions of Saleâ, the product images on the website are for illustrative purposes only and may differ from the actual appearance of the product or packaging received. For the purposes of identifying the product purchased, the information provided in the product description at the time of ordering shall be deemed authoritative, including the product name, manufacturer, ingredients, allergens, nutritional values, format, net content, certifications, origin and other essential characteristics. A mere visual difference between the online image and the packaging received does not automatically constitute delivery of an incorrect product, provided that the product delivered corresponds to the description and essential characteristics indicated in the relevant product details page.
To enable a full and prompt investigation, the Customer must complete the online form and attach, where applicable:
The documentation must be legible, complete, original and unaltered.
11.1 Consequences of insufficient documentation
Andante 1988 may suspend or reject the assessment of claims lacking sufficient evidence to verify the actual existence, nature and attributable cause of the reported problem. Failure to retain the parcel, packaging, products, documentation or other essential items may prevent the report from being verified and, consequently, the granting of replacements or refunds.
12.1 Assessment of the applicable solution
Once the report has been verified and provided the conditions are met, Andante 1988 will identify the most appropriate solution in relation to the nature of the problem encountered, the extent of the damage, the value of the product concerned, the possibility of establishing and the availability of the goods.
12.2 Available solutions
To the extent permitted by applicable legislation, Andante 1988 may:
12.3 Replacement of the product
Should a replacement be arranged, this will be carried out at no additional cost to the Customer, by sending a new, identical item or, subject to the Customerâs acceptance, an alternative product of equal value.
12.4 Refund amount
In the event of a refund, only the amount recognised by Andante 1988 in relation to the product in question and the solution identified will be refunded, excluding the original delivery charges, customs duties, customs clearance charges and other ancillary costs.
12.5 Refund method and timeframe
The refund will be made via the same payment method used for the purchase. The refund will be processed within 14 working days of Andante 1988 confirming acceptance of the claim or upon completion of the verification process.