General and sales conditions
Terms of sale
1. Introduction and effectiveness of the General Conditions
These General Sales Conditions govern the offer and sale of products through the section www.eligerefood.it.
The products marketed on the Shop (hereinafter 'Products') are offered and sold by:
Eligere Food Srl, Piazza Luca Marenzio 18, 25030 Coccaglio (BS)
VAT number 04032240980.
The consumer who accesses the Site to make purchases is required, before sending the order, to carefully read these General Conditions which have been made available to him on the Site and which will be available at any time by the Customer also through the link contained in the confirmation email of each order to allow its reproduction and storage.
The offer and sale of the Products on the Store constitute a distance contract governed by Chapter I, Title III (articles 45 et seq.) Of Legislative Decree 6 September 2005, n. 206 ("Consumer Code") and by the Legislative Decree 9 April 2003, n.70, containing the discipline of electronic commerce.
These General Conditions of Sale apply to all sales made by Eligere Food.
The General Conditions of Sale can be changed at any time. Any changes and / or new conditions will be effective from the moment of their publication on the Site, in the "General Conditions of Sale" section. Users are therefore invited to regularly access the Store and consult the most updated version of the General Conditions of Sale before making any purchase.
The applicable General Conditions of Sale are those in force on the date the purchase order is sent.
These General Conditions of Sale do not regulate the sale of products and / or the provision of services by parties other than Eligere Food that are 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. Eligere Food is not responsible for the provision of services and / or for the sale of products by such parties. Eligere Food does not carry out any checks and / or monitoring on the websites accessible through these links. Eligere Food 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.
The user is required to carefully read these General Conditions of Sale, which Eligere Food makes available to him in the section of the site of the same name and which he is allowed to store and reproduce, as well as all other information that Eligere Food provides him on the Site and on the Shop, both before and during the purchase process.
2. Purchases on the Shop
The characteristics and price of the various products for sale on the Site (hereinafter 'Products') are shown on the page relating to each Product.
To purchase the Products, the Customer must complete and send the order form in electronic format, following the instructions contained on the Site. The Customer must add the Product to the 'Cart' and, after having read the General Conditions and the Policy of Privacy, will have to enter the shipping data, select the desired payment method and confirm the order.
By sending the order from the Site, which has the value of a contractual proposal, the Customer acknowledges and declares that he has read all the information provided to him during the purchase procedure and fully accepts these General Conditions of Sale.
The contract stipulated between Eligere Food and the Customer must be considered concluded with the acceptance of the order by Eligere Food. This acceptance is communicated to the Customer through an order confirmation email containing a reference to these General Conditions, the order number, the shipping and billing data, the list of Products ordered with their essential characteristics and the total price, including delivery costs.
Once the order is received, Eligere Food will check the availability of the stocks for the fulfillment of the order.
The availability of the Products is continuously monitored and updated. However, since the Store can be visited by multiple users at the same time, it could happen that multiple users purchase the same Product at the same time. In such cases, the Product may be available for a short period of time even though it is not. In this case, Eligere Food will promptly send an email to the Customer who, within the next 12 (twelve) hours, will have the right to respond to confirm the shipment of any additional Products available or cancel it. In case of no response within this period, the order will be considered confirmed and the available Products will be shipped. In this case, the amount relating to the missing Products will be reversed.
3. Product Information
Each Product is accompanied by an information sheet that illustrates its main characteristics (hereinafter 'Product Sheet'). The images and descriptions on the Store reproduce the characteristics of the Products as closely as possible. The colors and some details relating to the packaging of the Products, however, may differ from the real ones due to the settings of the computer systems or computers used by users for their display, or due to the variation of the packaging of the products marketed by Eligere Food.
These images must therefore be intended as indicative. For the purposes of the purchase contract, the description of the Product contained in the order form sent by the user will prevail.
4. Prices and shipping
Product prices are inclusive of all taxes and duties. All prices are expressed in Euros.
The delivery of the products purchased on the Shop is currently carried out throughout the Italian territory and also abroad, (except for some products of the "fresh" category indicated below).
In the event that the shipping address is at a post office box or post office or in a location other than that indicated, Eligere Food will terminate the contract pursuant to and for the purposes of art. 1456 of the Italian Civil Code and the reimbursement of the total amount due, if already paid, without undue delay and, in any case, within 15 working days from the sending of the order. The refund amount will be communicated to the user via e-mail and credited to the same payment method used by the user for the purchase.
The shipping costs of the Products, which may vary in relation to the product, weight or delivery address (Italy and abroad), and any other possible additional cost are charged to the user, unless otherwise indicated in the Card Product or other parts where it is communicated. Their amount will be expressly and separately indicated (in Euros and inclusive of VAT) in the Product Sheet and in the order summary and, in any case, before the user proceeds to transmit the same, as well as in the e-mail confirming the order.
The standard delivery service in Italy, which varies on the basis of the weight of the purchased product, is as follows:
- Shipping between 0-10 Kg - Price: € 9.90
- Shipping over 10 Kg - Price: € 14.90
In the event that the order contains a product of the "Fresh" category, as of today Caviar - Salmon - Butter, regardless of the weight, the shipping cost will be € 14.90.
Free shipping for orders over € 119
The cost of the standard delivery service abroad for shipments between 0-20 Kg is € 14.90. Fresh products, specifically; Caviar - Salmon - Butter - Cheeses and Cold Cuts, are not delivered abroad.
Delivery times are approximately 3-5 working days from receipt of payment.
Shipments of the "Fresh" category are carried out on Monday and Friday. The delivery time must therefore be calculated starting from these days.
Alternatively, the products can be collected at the headquarters in Piazza Luca Marenzio 18 in Coccaglio (BS) every day except Sunday and Monday.
Methods of payment and billing
The Customer can pay the price of the Products and the related delivery costs by credit card, prepaid cards, PayPal, bank transfer in advance.
The circuits on which it is possible to buy on the Site are:
- Visa / Visa Electron
- American Express
To ensure maximum security, the Customer will carry out the payment transaction directly on the bank's secure server (STRIPE).
The Site does not store the Customer's credit card number but, thanks to the protected communication system of the reference credit institution, from the second expense the Customer - by selecting the appropriate option - can proceed with the purchase without re-entering his data. The reference credit institution uses the SSL protocol to encrypt the data transmitted between its server and the Client's browser.
Once the order is confirmed, the Customer will be redirected to the PayPal site where he can make the payment with his account or using a card, even prepaid, or in any case according to the methods accepted by Paypal and in compliance with the relative conditions.
The Customer must make the transfer within 2 days from the order date. If the payment does not occur within 2 days,the order will be canceled and the goods made available again for purchase by other customers. The Customer who has not made the transfer may be contacted by the Customer Service in order to clarify whether the cause of the non-credit is due to the Customer's will not to confirm the purchase or to other causes.
Data for the transfer: c / c: ELIGERE FOOD SRL
IBAN: IT 09E0503454390000000009849
Bank: BANCO BPM
Reason for the transfer: the Customer must indicate the date and order number in the reason for the transfer, which can be found in the confirmation email (eg "Order 01/01/19 n. 100012345").
If a professional or a company are interested in purchasing products marketed by Eligere Food and wish to receive an invoice, they must write to firstname.lastname@example.org immediately after making the purchase.
Transport and delivery
The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure.
All purchases will be delivered by courier (hereinafter, 'Courier') from Monday to Friday, excluding holidays and national holidays. Eligere Food is not responsible for unforeseeable delays or those not attributable to it.
Once the Products have been shipped, the Customer will receive a confirmation email which will include a link to refer to for tracking the shipment.
In any case, except in cases of force majeure or unforeseeable circumstances, the Products ordered will be delivered within 3-5 days in Italy and 7-10 days abroad.
If the in-store collection method has been chosen, the products will be available for collection starting from the second business day following the receipt of the order or upon notification by Eligere Food of the availability of the products in the store. It will be necessary to show the order number and an identification document of the person who collects it.
8. Right of withdrawal
The Right of Withdrawal, provided for by Legislative Decree 185 of 22/05/99, consists in the possibility for the consumer to withdraw, within fourteen working days, from any purchase made remotely and to receive a full refund of the expense incurred for the 'purchase without any penalty.
The Customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, except in the cases of exclusion indicated below.
The communication must be sent by registered letter with return receipt, addressed to:
Eligere Food Srl
Piazza Luca Marenzio, 18
25030 Coccaglio (BS) - Italy
The Customer Service of Eligere Food, once the communication has been received, will open a file for the management of the return and communicate to the Customer the instructions on how to return the Products, which will take place by courier indicated by Eligere Food itself.
The right of withdrawal is governed by the following conditions:
I. The law applies to the Product purchased in its entirety; therefore if the Product is composed of several components or parts it is not possible to exercise the withdrawal only on part of the purchased Product.
II. In case of exercise of the right of withdrawal, Eligere Food will refund the customer the full amount of the returned goods, including shipping costs where applicable, within 14 days from the date on which the notice of withdrawal was received, without prejudice to the right to Eligere Food to suspend the payment of the refund until the actual receipt of the goods. The refund will be made using the same payment method used by the Customer, unless the latter has expressly requested a different method. In case of bank transfer or cash on delivery, the Customer will be responsible for providing the bank details on which to obtain the refund (account holder, name and address of the Bank and IBAN).
III. Also in order to guarantee the free return, the Products must be returned in the same box in which they were received.
The right of withdrawal is totally lost if the returned product is not intact, or in the case of:
- Lack of original packaging.
- Absence of integral elements of the product.
- Damage to the product for reasons other than transport.
The right of withdrawal is excluded in the following cases, pursuant to art. 59 of Legislative Decree 21/2014:
- Order of products by a non-consumer customer and / or requesting an invoice.
- Order of products made to measure or clearly personalized.
- Order of products that are likely to deteriorate or expire quickly.
- Order of sealed products that cannot be returned for hygienic reasons or related to health protection or that have been opened after delivery.
With reference to the cases of exclusion of the withdrawal listed above, in particular, the Customer is informed and accepts that the products that "risk deteriorating or expiring rapidly" include all food products (including wines, spirits and beverages), as the characteristics and qualities of these types of products are subject to alteration also as a result of inappropriate storage. Therefore, for reasons of hygiene and customer protection, the right of withdrawal is only applicable for products purchased on the site that can be returned to Eligere Food and put back on the market without endangering the health of consumers (such as books, gadgets, kitchen utensils, etc.).
In cases where the right of withdrawal is excluded, Eligere Food will return the purchased Products to the Customer, charging the shipping costs to the Customer.
9. Legal guarantee of conformity
In the event of lack of conformity of Products sold by Eligere Food, the Customer must immediately contact Customer Service by sending an email to email@example.com
The legal guarantees provided for in articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. The Customer has the right, at his choice and provided that the type of Product allows it, to restore, without charge, the conformity of the Product by repair or replacement, or to an adequate price reduction or termination of the contract. The Customer loses these rights if he does not report the lack of conformity to Eligere Food within two months from the date on which he discovered the defect, provided that it is not a Product which by its nature is perishable or subject to expiry in a shorter term, in which case the defect must be reported within this reduced term.
10. Errors and Limitations of Liability
The information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which Eligere Food cannot therefore be held responsible, except in cases of willful misconduct or gross negligence.
Eligere Food reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update information at any time without prior notice, without prejudice to the Customer's rights under these Conditions Generali and the Consumer Code.
Except for willful misconduct or gross negligence, any right of the Customer to compensation for damages or the recognition of compensation is excluded, and any contractual or extra-contractual liability borne by Eligere Food for direct or indirect damage to persons and / or things, caused by non-acceptance or fulfillment, even partial, of an order.
Eligere Food promotes the responsible consumption of alcohol and excludes any responsibility at its own expense, except for willful misconduct or gross negligence, in the event of a purchase made by minors under 18.
11. Consumer data and privacy protection.
The Consumer declares and guarantees that the data provided to the Seller during the registration process are correct and truthful.
The Consumer may at any time update and / or modify their personal data provided to the Seller through the appropriate section of the site "My Account" accessible after authentication.
12. Force majeure
The Seller will not be liable in the event of total or partial non-fulfillment of its obligations under this contract if such non-fulfillment is caused by unforeseeable events and / or natural events beyond its reasonable control, including, by way of example but not limited to , natural catastrophic events, acts of terrorism, wars, popular uprisings, lack of electricity, general strike of public and / or private workers, strikes and / or restrictions on the viability of couriers and air connections.
13. Applicable law and competent court
The contract will be governed and interpreted in accordance with Italian law.
The Parties agree that the application of the United Nations Convention on Contracts for the International Sale of Goods to this contract is expressly excluded.
For any dispute deriving from this contract or relating to it, the Court of Brescia, Italy will have exclusive jurisdiction.
For anything not expressly provided for here, the provisions of the law in force in the Italian system apply and in particular, for consumers, the provisions of Section II, Chapter I, Title III of the Italian Legislative Decree no. 206/2005 and subsequent amendments (Consumer Code).
14. Customer Service and Complaints
Eligere Food is available for any information.
Any complaint must be sent to Eligere Food by sending an email to firstname.lastname@example.org, or by registered letter with return receipt to the following address
Eligere Food Srl
Piazza Luca Marenzio, 18
25030 Coccaglio (BS) -Italy
Eligere Food is committed to respond to all requests within a maximum of 5 working days.