Terms of service

 

Terms and Conditions of Sale - Shipping

1. Object

1.1. These general conditions of sale govern the sales contract relating to any purchase made through the e-commerce site www.eligerefood.it. The site, owned by Eligere Food, is managed by the company Eligere Food Srl - Piazza Luca Marenzio, 20, 25030 Coccaglio (BS) - VAT number 04032240980.

1.2. The Owner is not a party to this contract, but the owner of all rights to the domain name of the site, logos, registered trademarks, relating to the products presented on the site, and owner of the copyright relating to the site and its contents. .

1.3. Any communication from the Consumer connected and / or related to this contract - including any reports, complaints, requests concerning the purchase and / or delivery of products, the exercise of the right of withdrawal, etc. - must be sent to the Seller at the addresses on the site and at the e-mail address info@eligerefood.it.

1.4. Each purchase is subject to the general conditions of sale published on the site at the time the contract is concluded pursuant to article 3 below.

1.5. The site is dedicated to retail and as such is intended for the exclusive use of consumers. The ability to purchase products on the site is therefore reserved exclusively for a "consumer", such as a natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out. All subjects who are not a "consumer" are advised not to carry out purchase orders for products through the site.

1.6. Simultaneously with the execution of the purchase order, the Consumer accepts that the confirmation of the information relating to the order placed and the general terms and conditions contained in this contract will be sent by e-mail to the address stated by the same during registration on the site. . The Seller reserves the right not to execute orders from parties other than the "consumer" or that do not comply with its commercial policy.

1.7. In order to validly conclude this contract, the age of majority (18 years) and the legal capacity to act, which the Consumer declares to possess, are required.

1.8. Any costs for connecting to the site via the Internet, including telephone costs, are the sole responsibility of the Consumer, according to the rates applied by the operator selected by the Consumer.

2. Characteristics of the products and their availability in different geographical areas.

2.1. The products are sold by the Seller with the characteristics that are described on the Site at the time the order is sent by the Consumer and according to the general conditions of sale published on the Site at the time the order is transmitted, with the exclusion of any other condition or term.

2.2. The Seller reserves the right to modify these general conditions of sale at any time, at its discretion, in compliance with current legislation. The products are offered under the general terms and conditions indicated on the site at the time the order is placed until stocks are exhausted.

2.3. Prices and goods for sale on the site are subject to change without notice. Therefore, before sending the purchase order pursuant to point 3. below, the Consumer is requested to check the final sale price.

2.4. The Seller reserves the right, without notice, to modify the goods on the site or to modify their characteristics at any time and without any notice or obligation.

2.5. The Seller reserves the right to make changes and improvements to any goods offered on the site, without the obligation to make such changes on those already sold.

2.6. This site can be accessed by users from all over the world and the site may contain references to goods that are not available or cannot be purchased in the country of the site visitor.

3.Completion of the contract.

3.1. The presentations of the products on the site are not binding for the Seller, and represent mere invitations to offer, not offers to the public.

3.2. The purchase order sent by the Consumer to the Seller through the site has the value of a contractual proposal and is subject to these general contract conditions, which form an integral part of the order itself and that the Consumer, by transmitting the order to the Seller , must accept in full and without any reservation. Before proceeding with the purchase of the products, by sending the purchase order, the Consumer will be asked to carefully read these general conditions of sale and the information on the right of withdrawal, to print a copy using the print command and store or reproduce a copy for your personal use. Furthermore, the Consumer will be asked to identify and correct any errors in entering their data.

3.3. The Consumer's purchase order is accepted by the Seller by sending to the Consumer, at the e-mail address he declared to the Seller at the time of registration on the site, an e-mail confirming the order, which will report the link to the text of these general conditions of sale, the summary of the order placed and the description of the product ordered. The Consumer's order, the Seller's order confirmation and the general contract conditions applicable to the relationship between the Parties, will be electronically filed by the Seller in its IT systems and the Consumer may request a copy by sending an e-mail to the Seller. at info@eligerefood.it.

3.4. The contract is considered finalized when the Consumer receives the order receipt from the Seller via e-mail. Pursuant to current legislation, the order and the order receipt are considered received when the parties to whom they are addressed have the opportunity to access them.

4.Product selection and purchase procedure.

4.1. The products presented on the site can be purchased through the purchase procedure on the site. This procedure involves the selection of products of interest to the consumer, with their inclusion in the appropriate virtual shopping cart. Once the product selection is complete, to purchase the products selected and placed in the cart, the Consumer will be invited to register on the site, providing the requested data, or to log in, if the Consumer is already registered or to provide their own data in order to complete the order and allow the completion of the contract. In order to allow the purchase, the Consumer will be asked to confirm their data (by way of example but not limited to: name, surname, etc.), as well as the address where to deliver the selected products, the billing address and a number telephone where you can contact him for any communications relating to the purchase made, if they are different from the data provided at the time of registration. The Consumer will see a summary of the order to be executed, of which he can modify the contents: therefore, the Consumer, after careful reading, must expressly approve these general conditions of sale, by means of the appropriate check-box. on the site and finally, through the "Enter order" button, the Consumer will be asked to confirm his order, which will then be definitively sent to the Seller and will produce the effects described in the previous par. 3.2. of this contract. The Consumer will also be asked to choose the shipping method and the payment method, among those available. If the Consumer decides for the immediate payment method (contextual to the purchase) by credit card, PayPal or other payment methods indicated on the site, he will be required to communicate the relevant data via a secure connection. For accounting and administrative needs, the Seller reserves the right to verify the personal details indicated by the Consumer. If the payment is made by credit card, the purchase amount will be charged only upon receipt of the order by the Seller.

5.Delivery of goods and acceptance.

5.1. The delivery times for the products are 3-5 days, however, this information is to be considered purely indicative and not binding for the Seller.

5.2 The Seller undertakes to do everything in its power in order to comply with delivery times and, in any case, carry out the delivery within a maximum time of 10 days from sending the order confirmation to the Consumer.

5.3. Not being able to guarantee the availability of the products indicated on the site, if a product ordered by a Consumer is not available, the Consumer will be promptly informed by the Seller and the payment, possibly already made by the Consumer, will be promptly reimbursed.

5.4. The shipment of the products ordered by the Consumer will take place in the manner selected by the Consumer, among those available and indicated on the site at the time the order is placed. The Consumer undertakes to check without delay, and in any case no later than 3 days from receipt of the products, that the delivery is correct and includes all and only the products purchased and to inform the Seller within this period of any possible defect in the products received. or their discrepancy with respect to the order placed, according to the procedure referred to in the following art. 9 of this contract. Should the packaging or wrapping of the products ordered by the Consumer reach their destination clearly damaged, the Consumer is invited to refuse delivery by the carrier / shipper or to accept delivery "with reserve".

5.5. Once the term referred to in the previous par. 5.4., The products delivered will be considered definitively accepted by the Consumer.

5.6. Risk of loss. All items purchased from www.eligerefood.it are made under a shipping contract, the risk of loss and the title of these orders is transferred to the Customer as soon as the delivery of the items is entrusted to the carrier. Without prejudice to the guarantee to supply the goods in an insured form which in any case protects the buyer from damage due to any loss.

6. Prices, shipping costs, taxes and fees.

6.1. The price of the products is that indicated on the site at the same time as the order is sent by the Consumer. The prices of the products indicated on the site include VAT, they do not include shipping costs, which are calculated before the purchase confirmation by the Consumer and which the Consumer undertakes to pay to the Seller in addition to the price indicated on the Site and not they include any taxes or duties due in the ways and terms established by each individual State of delivery of the goods.

6.2. Depending on the country in which the products are to be delivered, the relative shipping costs will be displayed on the site during the order creation process, which the Consumer undertakes to pay in addition to the price of the products ordered.

6.3. The Consumer must pay the total price to the Seller, as indicated in the order and confirmed in the order confirmation sent by e-mail from the Seller to the Consumer.

6.4. If the products are to be delivered to a country outside the European Union, the total price indicated in the order and confirmed in the order confirmation, including VAT, is net of any customs taxes and any other sales tax, that the Consumer undertakes as of now to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the provisions of the law of the country in which the products will be delivered. The Consumer is invited to inquire with the competent bodies of their country of residence or destination of the products, in order to obtain information on any duties or taxes applied in their country of residence or destination of the products.

6.5. Any additional costs, charges, taxes and / or duties that a given country may apply, for any reason whatsoever, to the products ordered under this contract are the sole responsibility of the Consumer.

6.6. The Consumer declares that the lack of knowledge of the costs, charges, duties, taxes and / or duties referred to in the previous paragraphs 6.4. and 6.5., at the time of sending an order to the Seller, it cannot constitute grounds for termination of this contract and that it cannot in any way charge the aforementioned charges to the Seller.

7.Payments.

7.1. Orders placed through the site can be paid by credit card or via PayPal, under the conditions described below. The Seller may allow additional payment methods, indicating them in the payments section of the site.

7.2. If the payment is made by credit card, the Consumer will be transferred to a secure site and the credit card details will be communicated directly to Stripe, the operator that deals with payments on behalf of the Seller. The transmitted data will be sent in protected mode, through the encrypted transfer of data with 128-bit SSL (SecureSocketLayer) system. These data are not accessible even for the Seller.

7.3. The Seller will promptly send to the Consumer, in electronic format via e-mail to the address declared by the same at the time of registration on the site, the invoice / tax documentation relating to the purchase made, if the products purchased are intended to be delivered in the Italian territory. , or attached in paper format to the products purchased, in all other cases.

8.Legal guarantee of conformity of the Seller, reporting of conformity defects and interventions under guarantee.

8.1. Pursuant to and for the purposes of the European Directive 44/99 / EC and the Italian Legislative Decree no. 206/2005 (Consumer Code), the Seller provides the Consumer with a legal guarantee on the product for any lack of conformity with respect to the sales contract that occurs within 12 months from delivery to the Consumer of the product.

8.2. The legal guarantee allows the Consumer, in case of lack of conformity of the product, to obtain, by contacting the Seller directly, within a reasonable time taking into consideration the nature of the product, the repair (if and as far as possible), the replacement of the product the reduction of the price or the termination of the contract.

8.3. In any case, the use of the product that does not conform to that of the product and the instructions / warnings provided by the Seller and / or the manufacturer of the product is not covered by the warranty.

8.4. Any report of a lack of conformity of the product must be presented together with the proof of purchase of the product from the Seller (tax document issued by the Seller or receipt of payment).

8.5. Within the term referred to in the previous paragraph 8.1., The notification of a lack of conformity must be sent by the Consumer no later than 10 days from the date on which the lack of conformity was found.

8.6. The notification of the lack of conformity must be forwarded by the Consumer to the Seller by e-mail to the address info@eligerefood.it; the Seller will promptly notify the Consumer of the methods by which to return or make the product available.

8.7. The Seller, through the assistance service of the manufacturer of the products, will carry out the quality checks aimed at verifying the actual non-conformity of the product itself and will provide a reply to the Consumer via e-mail to the Consumer's address provided during the registration process to the site.

8.8. In the event of ascertained non-conformity of the product, the Seller will reimburse the Consumer for the price of the product including the shipping costs incurred for the return of the non-conforming product or alternatively, at no cost to the Consumer, to repair the product or replace it. with a new product; in the latter case, the non-compliant and replaced product will remain the property of the Seller.

8.9. The aforementioned refund will be made by the Seller to the Consumer by bank transfer or, where possible, by the same means of payment used by the Consumer when purchasing the product. It will be the responsibility of the Consumer to communicate to the Seller, again by e-mail at info@eligerefood.it, the bank details to make the transfer in his favor and to ensure that the Seller is put in a position to be able to return the sum due.

9.Liability for damage from defective products.

9.1. As regards any damage caused by a defective product, the provisions of the European Directive 85/374 / EEC and the Italian Legislative Decree no. 206/2005 (Consumer Code). The Seller, in the capacity of distributor of the products through the site, is free from any liability, none excluded and / or excepted, indicating the name of the relative manufacturer of the product.

10. Right of withdrawal.

10.1. The Consumer has the right to withdraw from this contract, without any penalty, within 10 working days from the day of receipt of the ordered products, for any reason and without having to justify their decision in any way. In the aforementioned hypothesis, the shipping costs and any duties or additional taxes for resetting the product will be retained by the Seller, remaining the sole responsibility of the Consumer.

10.2. The Consumer may exercise the right of withdrawal within the aforementioned deadline by sending an explicit declaration of withdrawal via e-mail to customer care at info@eligerefood.it. The Consumer will be provided with a Return Form with relative Return Code.

10.3. In order for the right of withdrawal to be validly exercised, if the shipment or delivery of the ordered products has already taken place, the Consumer will be required to return them within the peremptory term of 10 working days from receipt of the products or 10 working days from the transmission of the Form. and the Return Code, together with the Return Form duly drawn up and complete with the Return Code provided, sending them or delivering them to: Eligere Food srl - Piazza Luca Marenzio, 20 - 25030 Coccaglio (BS) - VAT number 04032240980.

10.4. It is understood that the risks and transport costs relating to the return of the products to the Seller will be borne by the Consumer.

10.5. In order for the right of withdrawal to be validly exercised, the products must be delivered or in any case sent to the Seller intact (without any signs of wear, abrasion, scratches, deformations, etc.), complete with all their elements and accessories. , accompanied by the attached instructions / notes / manuals, original packaging and packaging and the guarantee certificate, where present. Failing this, the Consumer will not be entitled to a refund of the amount paid. For this purpose, therefore, it is advisable to cover the original packaging of the products with other protective packaging that preserves its integrity and protects it during transport, even from writings or labels.

10.6. The Seller will take delivery of the returned products, reserving the right to verify that they have been returned in the conditions described in the previous par. 10.5.

10.7. If the verification of the returned products is successful and the right of withdrawal has been validly exercised within the terms and in the manner provided, the Seller will reimburse the Consumer free of charge the full amount paid for the purchase of the products, including the costs of shipment previously incurred by the Consumer for the purchase itself, in the shortest possible time and in any case within 10 days from the date on which the Seller became aware of the Consumer's right of withdrawal.

10.8. The aforementioned refund will be made by bank transfer in favor of the Consumer, the responsibility of the Consumer will be to communicate to the Seller, by filling in the appropriate field in the Return Form, the bank details to make the transfer in his favor and to ensure that the Seller is put in a position to be able to return the amount due. If the payment was made by credit card, the aforementioned refund will be made within the terms indicated directly by crediting the amount due to the credit card used by the Consumer for payment.

10.9. In case of shipment outside the European Union, specify on the customs declaration that it is a defective return or product. Furthermore, returned merchandise must be declared without any commercial value. The Customer must be able to provide proof of delivery.

11. Additional cases of returns.

11.1. If the Consumer ascertains, within the term referred to in the previous par. 5.4., That the product received has arrived defective or does not correspond to the one ordered, the Consumer may report it, again within the aforementioned term, to the Seller by sending an e-mail to Customer care at info@eligerefood.it.

11.2. The Seller, having carried out the appropriate checks, will invite the Consumer to return the product within 10 days of placing the order, together with the Return Form filled in and complete with the Return Code provided, sending it to or delivering it to: Eligere Food s.r.l. - Piazza Luca Marenzio, 20 - 25030 Coccaglio (BS) - VAT number 04032240980.

11.3. The product must be returned or in any case sent to the Seller intact (without any signs of wear, abrasion, scratches, deformation, etc.), complete with all its elements and accessories, accompanied by the attached instructions / notes / manuals , from the original packaging and packaging and from the guarantee certificate, if any, and in any case in the conditions in which it was received by the Consumer. Otherwise, the Consumer will not be entitled to any refund. For this purpose, therefore, it is advisable to cover the original packaging of the products with other protective packaging that preserves its integrity and protects it during transport, even from writings or labels.

11.4. Following verification of the returned product by the Seller, if the conditions are met, the latter will reimburse the Consumer for the shipping costs incurred to return the product and send him, at no additional cost, a new product or the product actually ordered as soon as possible, provided it is available; otherwise, only the price paid for the defective product will be refunded.

11.5. The aforementioned refund will be made by bank transfer in favor of the Consumer, the responsibility of the Consumer will be to communicate to the Seller, by filling in the appropriate field in the Return Form, the bank details to make the transfer in his favor and to ensure that the Seller is put in a position to be able to return the amount due. If the payment was made by credit card, the aforementioned refund will be made within the terms indicated directly by crediting the amount due to the credit card used by the Consumer for payment.

12. Intellectual Property Rights.

12.1. The Consumer declares to be informed that all content on the site is protected by copyright and other provisions in force on intellectual property: all rights are the exclusive property of Eligere Food s.r.l. - Piazza Luca Marenzio, 20 - 25030 Coccaglio (BS) - VAT number 04032240980.

12.2. The contents of the site cannot be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of Eligere Food s.r.l. - Piazza Luca Marenzio, 20 - 25030 Coccaglio (BS) - VAT number 04032240980.

13. Consumer data and privacy protection.

13.1. In order to proceed with the registration, the placing of the order and therefore the conclusion of this contract, some personal data from the Consumer are requested through the site. The Consumer acknowledges that the personal data provided will be recorded and used by the Seller and by Eligere Food s.r.l. - Piazza Luca Marenzio, 20 - 25030 Coccaglio (BS) - VAT number 04032240980, in accordance with and in compliance with the regulations of the Italian law DLgs. n. 196/2003 and subsequent amendments - Privacy Code, to implement this agreement and, with your consent, for any further activities as indicated in the specific privacy policy provided to the Consumer through the site at the time of registration.

13.2. The Consumer declares and guarantees that the data provided to the Seller during the registration process are correct and truthful.

13.3. 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.

13.4. For any further information on how the Consumer's personal data are processed, please access the Privacy Policy section and carefully read the General Conditions of Use.

14. Safety.

14.1. Although the Seller takes measures to protect personal data against their possible loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data displayed by the Consumer on the site, even after the Consumer has authenticated (login), cannot be accessed or viewed by unauthorized third parties.

14.2. With regard to the data relating to payments by credit card, the Seller uses the services of the company Stripe which adopts technological systems designed to guarantee the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.

15. Major force.

15.1. 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 , catastrophic natural 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.

16. Applicable law and competent court.

16.1. The contract will be governed and interpreted in accordance with Italian law.

16.2. 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.

16.3. For any dispute deriving from this contract or relating to it, the following will be competent: a) the Court of the place of residence or domicile of the Consumer, if a “consumer” pursuant to current legislation; b) exclusively the Court of Naples, Italy, in any other case.

16.4. For anything not expressly provided herein, 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).

17. Transfer.

17.1. The Parties may not assign or otherwise transfer any of their rights and obligations arising from this contract to third parties without the prior written consent of the other party.

18. Validity of the clauses.

18.1. The headings of the clauses used here are to be considered purely indicative and have no effect on the identification of the content and interpretation of this contract.

18.2. These conditions do not affect the rights attributed by Italian law to the Consumer acting as a consumer or the rights guaranteed by the mandatory provisions of the legal system to which he is subject.

18.3. In the event that a clause or part of a clause of these general conditions should be considered invalid because in contrast or contrary to a law, all the other clauses of this agreement or parts of the same clause will remain fully valid and effective.

19. Concluding provisions.

19.1. This contract replaces all contracts, agreements and understandings previously between the Parties and, together with the order, the order confirmation and the general conditions relating to the use of the site, constitutes the entire agreement between the Parties in on the subject of this contract.

19.2. The Consumer declares that he has not been induced to adhere to this contract by previous oral declarations.

19.3. Any variation or modification of this contract must be accepted in writing by both parties.