Terms and conditions of sale

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GENERAL CONDITIONS OF ON-LINE SALE OF CONSUMER GOODS

 

 

The Buyer expressly declares that he is making the purchase for purposes unrelated to his commercial or professional activity.

The goods object of the present general conditions are put on sale by FOOD ART S.R.L. with head office in Udine, via Marsala 180/20, registered at the Chamber of Commerce of Udine at n. UD 283755 of the Register of Companies, VAT number 027316303 hereinafter referred to as "Company",

 

Art. 1: Definitions:

-         General terms and conditions of sale: these general terms and conditions of sale;

-         E-commerce/site: means the web platform www.foodizir.com through which the service is offered;

-         Product(s): food products produced by the company.

-         Consumer/Customer/Self/Your: any person understood as the end user of the product as defined in Legislative Decree 206/2005;

-         Service: online sale of FOODIZIR-branded baked goods.

 

Art. 2: Pre-contractual Information

Pursuant to Article 49 of Legislative Decree 206/2005, the Company provides with these contractual conditions all the pre-contractual information required by law and indicates for the benefit of end consumers the following customer care address to request any other information from the Company: info@foodizir.com

 

Art. 3: General Provisions

3.1.   These general terms and conditions of sale are applied to purchasers who fall under the definition of "consumers", as defined in Legislative Decree 206/2005, who make purchases through the e-commerce www.foodizir.com and use the purchased product exclusively for private use.

3.3.   By placing the purchase order, the Consumer confirms that he/she has carefully read and accepts all of the present general conditions of sale and requests that the Company proceed to execute them.

Art. 4: Subject matter of the contract and of the service

4.1.         The Company, through its website www.foodizir.com, offers an online sales service for baked food products produced by the Company and their shipment.

4.2.         The essential characteristics of the products are explained in each product sheet.


Art. 5: Conclusion of the contract

5.1.         The orders placed by the Consumer are understood to be a proposal sent to the Company for the purchase of the products chosen on the basis of these general conditions of sale. The contract shall be considered concluded only when the proposal is accepted (acceptance) by the Company through an acknowledgement/acceptance email.

5.2.         The Company will retain copies of orders received and acceptances sent for a reasonable period of time in accordance with Applicable Law. These documents shall be kept at the Company's premises and shall be accessible to our personnel who need to consult them in connection with their duties for the proper performance of the contractual terms. The documentation shall also be accessible to third parties for the sole purpose of the execution of the conditions, in addition to the persons entitled to access under Applicable Law.

 

Art. 6: Prices and availability

6.1.         Any price or quotation of the products may be withdrawn or changed, in accordance with market fluctuations, before the Consumer's order is accepted.

6.2.         In case of discrepancies, the price indicated in the acceptance email shall prevail. The Company shall have the right, prior to acceptance, to withdraw any discounts and/or modify the prices in order to take into account increases in the costs included (by way of example only: the costs of raw materials, of the product on sale, transport, increases in fiscal charges, the imposition of any tax, duty or other duty, as well as any change in exchange rates). When such circumstances occur, the Company shall promptly inform the Consumer by sending an email, in order to give the possibility to withdraw the order proposal.

6.3.         Before acceptance, the Company also reserves the right to communicate any errors in the product sheet relating to the price indicated. In this case, the Consumer shall have the right to confirm the order proposal or to cancel it.

6.4.         If the consumer decides to follow up the order, he accepts that the product will be supplied according to the changes made to the description or the price.

6.5.         Although the Company makes every effort to ensure that the products present on the site are always available, it does not guarantee that they are available at the time of receipt of the individual order. In this case, the Consumer will be sent an e-mail of non-acceptance of the order and will be refunded the amount paid in advance for the product chosen and ordered, in accordance with the provisions of the Applicable Law, and in the manner provided for or by bank transfer or by crediting the credit card used for the purchase.


Art. 7: Modalities of purchase

The Purchaser shall proceed with the purchase in accordance with the following steps:

a)        Addition to product cart;

b)        Confirmation of shipping data;

c)        Choice of payment method;

d)        Conclusion of the order.

 

Art. 8: Consumer declarations

8.1.   The Consumer declares that he/she is of legal age and possesses the legal capacity necessary to sign a contract with the force of law between the Parties and that the information provided at the time the order is placed is up-to-date, accurate and sufficient to process the order.

 

Art. 9: Prices and terms of payment

9.1.  Payment must be made as follows:

upon confirmation of the order, the Company will debit the Credit Card with the final amount.

9.2.          The Company reserves the right to verify the regularity of advance payments made by credit card.

9.3.          In any case in which the payment of any sum due by the Consumer is not made, the Company reserves the right to proceed against the defaulting Consumer, to obtain the payment of the prices of the products at any time.

 

Art. 10: Methods of payment

10.1.        Credit cards: the Company accepts the following credit cards: VISA, MASTERCARD, and prepaid cards of the Visa Electron circuit, via the Paypal payment gateway.

 

In the event of cancellation of the order, either by the Customer or in the event of non-acceptance of the contract by the Company, the cancellation of the transaction and the reversal of the amount used will be requested, excluding bank charges on the transaction. In this regard, the Company points out and the Consumer accepts that:

1.I.       release times depend solely on the banking system and may be up to their scheduled expiry date. Once the transaction has been cancelled, the Company shall not be liable in any way for delays and/or damages caused by the banking system.

 

Art. 11: Delivery of products and risks

11.1.        Delivery dates and times quoted by the Company are estimates only. The Company will endeavour to adhere to the dates and/or timescales, shipping products to the maximum extent permitted by Applicable Law, but will not be liable for any delays not attributable to the Company.

11.2.        Delivery shall be made to a valid address within the Italian territory indicated by the Consumer (delivery address).

11.3.        It is always the consumer's responsibility to check the delivery address given and to communicate, without delay, any errors or omissions.

11.4.        The Company reserves the right to charge the Consumer for any additional costs due to changes in the delivery address that were not communicated in time.

11.5.        If the Consumer refuses to receive or fails to receive delivery of the product in accordance with

as provided for in these general conditions of sale, all risks associated with the loss of or damage to the products shall in any event be borne by you. In this case, the Company may:

a)        deem the payment to have been made and make the delivery by any means deemed appropriate, or deposit the products at the expense and full risk of the Consumer;

b)        demand in any event payment of all costs of storage and warehousing of the goods and of any further costs incurred in delivery of such refusal or inability to take delivery;

c)        in any event, it may always cancel the order and dispose of the products, without prejudice to its right to compensation for the damage caused by the Consumer, in addition to the risks and expenses referred to above.

11.6.        Without prejudice to the mandatory rights recognised by Applicable Law, the Consumer shall not be entitled to refuse the products, in whole or in part, and shall proceed to pay for the entire amount even if the delivery has not taken place or is incomplete, unless immediate written notice of the claim is given upon delivery of the goods; following such written notice, if the same is acknowledged, the Consumer shall pay for the actual quantity.

11.7.        When the delivery of products is made on a split basis, each consignment of products shall be deemed to relate to a separate and distinct contract; any defect found in one or more consignments shall not entitle the termination of the entire contract or the cancellation of orders relating to each subsequent consignment.

11.8.        The risk associated with the loss of or damage to the products shall be borne by the Consumer upon delivery of the products at the time when the products nevertheless come into his possession.

 

Art. 12: Right of withdrawal

12.1.        Pursuant to Legislative Decree 206/2005, the right of withdrawal covers only Consumers, i.e. natural persons acting outside their professional activity.

12.2.        The right of withdrawal must be exercised within 14 (fourteen) days of receipt of the goods, by registered letter with return receipt, or by e-mail (provided that it is confirmed within 48 hours by registered letter).

12.3.        Notice of withdrawal shall be deemed to have been given on the day on which the registered letter is sent by post.

12.4.        Consumers who exercise their right of withdrawal are entitled to a refund of the price of the product, without penalty, excluding shipping/return costs, which shall be borne by them.

12.5.        All notices of withdrawal must be signed and addressed as follows: "FOOD ART S.R.L. to the kind attention of the Communication and Marketing Department" - Via Marsala 180 - 33100 - UDINE (UD)".

12.6.        It is understood that, in the event he avails himself of the aforementioned right of withdrawal, the Consumer must return the product integral, intact and in perfect condition and must respect all the necessary precautions to preserve the product in his possession and conserve it at his own expense in its original packaging, sending it to the Seller within 3 (three) days from the exercise of the right of withdrawal, guaranteeing the correct delivery of the same. The shipping costs for the return of the goods shall be borne by the Consumer.

12.7.        Failing this, the right of withdrawal shall not apply and the seller's right to compensation for damages, in addition to payment of the price of the product, shall remain unaffected.

12.8.        The products must be returned directly to the Company. The refund of the price of the product will be made within 30 (thirty) days from the date on which the goods reach our Company intact and in perfect condition.

12.9.        The right of withdrawal is excluded in the following cases in relation to products that are returned damaged.

12.10.     Pursuant to Article 59(1)(d) and (e) of Legislative Decree no. 206 of 6 September 2005 (Consumer Code), the right of withdrawal is excluded in relation to:

A) goods purchased by a non-consumer user and/or requiring an invoice;

B) assets that are likely to deteriorate or expire rapidly;

C) sealed goods which are not suitable for return for reasons of hygiene or health protection and which have been opened after delivery.

With reference to the cases of exclusion of the right of withdrawal listed above, the consumer, in particular, is informed and accepts that the products that "risk deteriorating or expiring rapidly" include the majority of food products sold through this website, as the characteristics and qualities of these types of products are subject to alteration, also as a result of inappropriate storage.

 

Art. 13: Receipt of products

13.1.        It shall be the responsibility of the Consumer to check the products at the time of delivery and to verify that the conditions of the products are satisfactory in relation to those indicated in their description and that the products are complete.

13.2.        Except as specified above, and without prejudice to the rights recognised by the Applicable Law, the Company shall not be liable and the Consumer shall not have any right to refuse the products, unless any defects or flaws in the products (not attributable to conduct or negligence on the part of the Consumer or upon receipt of the products), are communicated upon delivery and verification of the product, in writing according to the procedures and at the addresses set forth in art. 12 of the present conditions of sale, and in any case, forfeit, no later than 8 (eight) days from discovery. The unreserved acceptance of the products by the Consumer extinguishes all responsibility for any flaws or damages that may be present.

13.3.        In the case of defects or faults properly and promptly reported under the provisions of this Article, the Company shall be obliged to refund the price of the product found to be damaged or faulty, after verification of the same by the Company, once the same has been sent back to the Company at the address referred to in Article 12.5 and provided that the product is actually found to be faulty.

13.4.        The responsibilities of the carrier for the damage, breakdown or loss of the products, or part thereof, during transport, from the moment in which it receives them until delivery to the Consumer, shall in any event remain unaffected.

 

Art. 14: Rights of third parties

14.1.        The Company shall not be liable for any infringement of intellectual property rights, copyright, registered design, trademark or other rights of third parties caused by the Consumer.

14.2.        To this end, the Consumer shall indemnify the Company against any liability, claims and costs that the Company may incur or incur as a result of any activity of the Consumer that causes an infringement or alleged infringement of the intellectual property rights of third parties.

 

Art. 15: Termination of contract

15.1.        In any case of non-payment, or inexact or partial payment, by the Consumer on the agreed date, and after 15 days from the unsuccessful notice, the sale shall be rescinded by right with the right to

of the Company to request the return of the products already delivered, without prejudice in any case to the right to retain any sums paid by the purchaser by way of penalty, except for greater damages and interest due.

15.2.        Any unpaid amount shall also give rise to the right to late payment interest at twice the legal interest rate.

 

Art. 16: Product Representations

16.1.   All product descriptions, illustrations, depictions, details, dimensions, performance data and any other information available on the site are to be understood as general illustrations of the products and do not in any way represent a guarantee or declaration of conformity of the products with them.

 

Art. 17: Communications

17.1.        Any communication or notice in relation to these conditions must be made by registered letter with return receipt to the addresses referred to in point 12.5) of these general conditions of sale.

17.2.        The last address or contact details communicated by the Consumer shall be the address to which notices required by Applicable Law with respect to legal proceedings shall be addressed, prior to the election of domicile with the attorney-in-fact.

17.3.        Except as provided above in relation to the cancellation of orders by the Consumer, such communications or notices (if properly addressed) shall be deemed to have been received:

a)        Upon receipt of the registered letter;

b)        At the time and date of confirmation of receipt and opening of the e-mail by the recipient.

 

 

Art. 18: Privacy regulations and processing of personal data

-         Please refer to the Privacy Policy section of this website www.foodizir.com.

 

Art. 19: Applicable law

19.1.   These general terms and conditions of sale are governed by Legislative Decree 206/2005 on the protection of consumers in respect of distance contracts and by Legislative Decree 9.4.2003, no. 70, implementing the European Directive on Electronic Commerce no. 2001/31/EC, together with any other applicable laws and regulations, the "Law".

Applicable'.

 

Art. 20: Place of jurisdiction

20.1.   The court of the place of residence of the consumer and its mediation bodies, as provided for by the Applicable Law, shall have jurisdiction over the consumer as a final consumer.

The Court of Udine shall have exclusive jurisdiction in the case of customers who do not fall within the category of "Consumers" pursuant to and for the purposes of Legislative Decree 206/2005.