GENERAL CONDITIONS OF SALE FOOD INVESTMENTS SRL
1) DEFINITIONS
These general conditions of sale (hereinafter, the “General Conditions”) have as their object the regulation of the purchase of products and services, carried out remotely and made available, via the Internet, from the Site www.boasorte.eu (hereinafter, the “Site”) in compliance with the Italian legislation referred to in Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, the “Consumer Code”).
The term “Purchaser” refers to the person making the purchase pursuant to this contract.
The term “Supplier” refers to the entity that sells the goods that are the subject of this contract.
The goods and services that are the subject of these general conditions are offered for sale by FOOD INVESTMENTS SRL with headquarters in Rende (Cs) in Via F.lli Bandiera, 15 – CF/VAT number and registration in the Company Register of Cosenza n. IT 03753330780
The Buyer, by electronically sending his purchase order, declares to have read and accepted the general and payment conditions, transcribed below, and to have read them. Therefore, the transmission of the order implies full knowledge of the above-mentioned Conditions and their full acceptance.
The Buyer undertakes and is obliged, after the conclusion of the online purchase procedure, to print and keep these general conditions of sale, already viewed and accepted.
2) OBJECT AND CONCLUSION OF THE CONTRACT
With this contract, respectively, the Supplier sells and the Buyer purchases remotely, via telematic tools, only the tangible movable goods and services indicated and offered for sale on this site.
The contract between the Supplier and the Buyer is concluded exclusively through the Internet by the Buyer accessing the address of this site, where, following the procedures indicated, the Buyer will always formalize the purchase order of the goods offered for sale.
To purchase products, the Buyer must duly fill out and send the order form and correctly complete the purchase process up to the summary page containing the order number in electronic format, following the instructions on the Site. The Buyer must: – add the products to the cart and, after having read the general conditions and the Privacy policy, – enter the shipping and billing information, – 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 Buyer acknowledges and declares that he has read all the information provided during the purchase procedure and that he fully accepts these General Conditions and payment conditions transcribed.
FOOD INVESTMENTS SRL will send the Buyer an order confirmation email containing the order number, shipping and billing information, the list of Products ordered with their essential characteristics and the total price, including any shipping costs. The Buyer will check the confirmation email and, if he/she finds any errors in the order, will have 2 hours from the receipt of the specific order confirmation email to change the shipping address, or any greeting card, by contacting the FOOD INVESTMENTS SRL Customer Service.
It is not possible to change other elements of the order. For example, products and quantities are mentioned.
The contract stipulated between FOOD INVESTMENTS SRL and the Buyer will be considered concluded only with the shipment of the ordered products.
The sales contract and the order summary are drawn up in three versions: Italian, English, German.
In the event of discrepancies in the translation, the Italian version will prevail.
3) PAYMENT METHODS AND REFUND
The Buyer may pay for the products ordered and the related shipping costs by Credit Card, PayPal and bank transfer.
Credit Card – The circuits on which it is possible to purchase within the Site are Visa and Mastercard.
PayPal – Once the order has been confirmed, the Buyer will be redirected to the PayPal site where he can make the payment with his account, or using a credit card or in any case according to the methods accepted by PayPal and in compliance with the relevant conditions.
Bank Transfer – The Buyer must make the transfer within 5 working days from the order date. If this does not happen, the order will be cancelled. The Buyer who has not made the transfer may be contacted by Customer Service in order to receive support to make the missed payment. For payment by bank transfer, the order is processed upon actual receipt of the payment. The times for receiving the transfer are technical banking times that do not depend on the Supplier, who cannot provide information regarding the shipping date before having recorded the receipt of the transfer in the accounts.
The details for the transfer will be communicated to the Buyer with the order confirmation. The transfer must explicitly indicate the order number, which can be found in the confirmation email (e.g. “Order no. 123456”).
Credit card data is managed directly by the BNP PARIBAS Group, ‘Axepta SpA’, specialized in the management of online payments; PayPal data is managed directly by PayPal. The information is encrypted using encryption systems that prevent its use by third parties and is sent directly to the bank. The Supplier reserves the right to request, from the bank that issued the card, to verify the authenticity of the ownership of the card itself or from PayPal in the event of problems. Any refund to the Buyer, if the latter is entitled to it, will be credited by reversing the payment by credit card, PayPal or bank transfer within a maximum of 30 (thirty) days from the date on which the Supplier became aware of the cause that generates the right to a refund.
– The refund will be made on the same means used at the time of booking.
4) DELIVERY TIMES AND METHODS
The Supplier will deliver the ordered products via UPS courier or, where necessary, via other couriers. Except in cases of force majeure or unforeseeable circumstances, the ordered products will be delivered in Italy within a maximum of 5 (five) working days starting from the working day following the day on which the Supplier confirmed the order to the Customer via a specific order confirmation email.
5) SHIPPING AND DELIVERY COSTS
The Supplier ships with the DDP (Delivery Duty Paid) formula, therefore the goods will be delivered without further charges.
6) PRICES
All sales prices of the products displayed and indicated on this website constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code, and include VAT and any other tax. Shipping costs will be indicated and calculated in the purchase procedure before payment of the order by the Buyer and also included in the web page summarizing the order made. The prices indicated for each of the goods offered to the public are valid until the order is forwarded and are indicated on the web page summarizing the order. Therefore, the prices and conditions may be changed by the Supplier at any time and for the Buyer, what appears on the web page summarizing the order will be valid.
7) PRODUCT AVAILABILITY
The Supplier ensures, through the telematic system used, the processing and fulfillment of orders within the terms set out in the contract, except in cases of force majeure or unforeseeable circumstances. If the product is not available in stock, Customer Service will promptly notify the Buyer providing instructions on how to proceed.
8) LIMITATIONS OF LIABILITY
The Supplier assumes no responsibility for disruptions attributable to force majeure and/or for disruptions or malfunctions connected to the use of the Internet outside of its own control or that of its subcontractors.
The Supplier shall not be held liable towards the Buyer, except in the case of fraud or gross negligence.
Furthermore, the Supplier shall not be liable for damages, losses and costs incurred by the Buyer as a result of failure to execute the contract for reasons not attributable to him, the Buyer being only entitled to a full refund of the price paid.
The Supplier assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards at the time of payment for the products purchased, if it demonstrates that it has adopted all the applicable precautions at the time of the transaction.
10) BUYER’S OBLIGATIONS
The Buyer undertakes to pay the price of the purchased goods within the time and manner indicated in the Contract.
The Buyer undertakes, after the conclusion of the online purchase procedure, to print and save the web page containing the order data. The information contained in this contract has, moreover, already been viewed and accepted by the Buyer who acknowledges this as, at the time of finalizing the order, the link to this section is always present at the bottom of the page.
11) CONTRACT STORAGE METHODS
Pursuant to art. 12 of Legislative Decree 70/03, the Supplier informs the Buyer that each order transmitted to FOOD INVESTMENTS SRL is stored in digital form on the server where the site resides according to confidentiality and security criteria.
12) COMMUNICATIONS AND COMPLAINTS
The Buyer indicates in the registration form his/her residence and domicile, telephone number and email address to which he/she wishes the Supplier’s communications to be sent.
The Buyer may report any problems within 14 (fourteen) working days of receiving the goods by starting a complaint procedure.
Written communications, addressed to the Supplier, and any complaints will be considered valid only if sent to FOOD INVESTMENTS SRL , or sent by email to amministrazione.boasorterende@pec.it or by registered mail to be addressed to: – FOOD INVESTMENTS SRL with headquarters in Rende (Cs) in Via F.lli Bandiera, n. 15 A/B.
In the event of damaged or missing goods, which therefore present obvious discrepancies between the goods purchased and those received, the Seller has the right to request photographic evidence from the Buyer to demonstrate the non-conformity of the delivery. If, following verification of the photographic evidence, the non-conformity is confirmed, the Supplier will refund the Buyer the exact amount paid by the Buyer. If the refund is partial and does not concern the entire order, any shipping costs paid by the customer will not be refunded.
It is at the discretion of the Supplier, and in any case in agreement with the Buyer, to propose the reshipment of the non-compliant goods or to propose the issuing and sending of a discount code that can be spent on the Seller’s website.
The Seller reserves the right to reject a complaint in the following cases:
– incorrect, incomplete or unsuitable delivery address (based on the data provided by the Buyer during the purchase), or lack of a recipient reference visible to the carrier at the delivery address (e.g. house number or name and surname on the doorbell). The delivery information entered by the Buyer and recorded at the time of the order is binding on the Buyer. In the event of an error in entering such delivery data, the Seller cannot be held responsible for the impossibility of delivering the goods as a result of such error. Customer Service will attempt to contact the Buyer (including exclusively electronically), who is required to respond within 24 hours;
– delivery not made due to the recipient being absent. Customer Service will attempt to
contact the Buyer (including exclusively electronically), who is required to
respond within 24 hours;
– absence of photographs proving the condition of the product, if it is reported as non-compliant;
– change of shipping address after 2 hours from the time of ordering, or change of address made directly by the Buyer and not communicated to the Seller;
The Supplier reserves the right to reject orders from Customers who have placed two orders and which have not been delivered.
13) DISPUTE RESOLUTION AND APPLICABLE LAW
The sales contract between the Customer and FOOD INVESTMENTS SRL is deemed to be concluded in Italy and governed by Italian Law. For the resolution of disputes relating to the interpretation, execution or termination of these General Conditions or individual purchase orders, if the Customer is a consumer pursuant to the Consumer Code, the court of his/her municipality of residence or domicile, if located in Italian territory, will have exclusive jurisdiction; in all other cases, the territorial jurisdiction is exclusively that of the Court of Cuneo. Any other competent court is excluded.
14) DURATION AND EFFECTIVENESS OF THE CONTRACTUAL CONDITIONS
Confirmation of the order implies for the Buyer the acceptance of these general conditions that can be updated or modified directly with the transcription of the new rule on this site. The modification or update will be valid and effective for orders that have not yet been processed and for which the web page summarizing the order data has not yet been displayed.
15) RIGHT OF WITHDRAWAL
The Buyer has the right to withdraw from the contract concluded with the Supplier, without any penalty and without specifying the reason, within 14 days from the day of receipt of the products purchased on www.boasorte.eu To withdraw from the contract, the Buyer may (must) use the return form (compliant with the
standard form pursuant to art. 49, paragraph 4 of the consumer code) to be filled in and sent to the seller at the email address amministrazione.boasorterende@pec.it or draft and send to the Seller another explicit declaration of his decision to withdraw from the contract.
After exercising the right of withdrawal, the Buyer must return (is required to return) the products to the Supplier within 14 days from the date on which he communicated to the seller his decision to withdraw from the contract.
The costs of returning the goods will be (are considered) to be borne by the Buyer, as well as the responsibility in case of loss or damage of the products during transport.
The right of withdrawal, in addition to compliance with the terms and methods described above, is considered to be correctly exercised if the following conditions are also met:
– Transmission of the return form or other explicit declaration of your intention to withdraw from the contract within the terms set out in these general conditions of sale;
– The products must be returned in their original packaging, intact and sealed and must not be damaged.
If the right of withdrawal is exercised in accordance with the procedures provided, the Supplier will carry out the necessary checks relating to the conformity of the returned products and will refund the sums due within 14 days from the date on which the Supplier regains possession of the goods;
The Supplier will refund using the same payment method used by the Buyer to purchase the returned products, unless otherwise agreed between the parties.
If the methods and terms for exercising the right of withdrawal are not respected, the Buyer will not be entitled to a refund of the sums already paid to the Supplier.
The right applies to the Product purchased in its entirety; therefore, if the Product is composed of multiple components or parts, it is not possible to exercise the right of withdrawal only on part of the purchased Product.
In addition to the cases indicated above (customer who is not a consumer and/or who requests an invoice), the right of withdrawal is excluded in the following cases, pursuant to art. 59 of Legislative Decree 21/2014:
– order of Products packaged to measure or clearly personalized;
– order of Products that risk deteriorating or expiring rapidly;
– order of sealed Products that are not suitable for return for reasons of hygiene or related to health protection or that have been opened after delivery.
With reference to the cases of exclusion of the withdrawal listed above, the Buyer, in particular, is informed and accepts that among the Products that “risk deteriorating or expiring rapidly” are included 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 protection of the Buyers, the right of withdrawal is applicable only for products purchased on the site that can be returned to the Supplier and then put back on the market by the Supplier without danger to the health of consumers.
In cases of exclusion of the right of withdrawal, the Supplier will return the purchased Products to the Buyer, charging the latter the shipping costs.
If the order that the Buyer wishes to return contains free products (in the event that the order was acquired during a promotional campaign that included the provision of free products), the Buyer must also return the free product. This must also be returned in the conditions described above.
16) PRODUCT INFORMATION
The information and characteristics relating to the Products are available, with the relevant Product codes, on the Site.
The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the descriptive sheet. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be perfectly representative of their characteristics and quality but may differ in color, size and decorative elements (such as, for example, ribbons and labels). In the event of a difference between the image and the written product sheet, the description of the product sheet always prevails.
By completing the online purchase procedure, the Buyer declares that he has read the ingredients and allergens.
17) INVOICING OF PRODUCTS
If the purchase is made by a VAT subject, it will be possible to request the issuing of an invoice by selecting the appropriate box during the order procedure and entering the billing information including the tax code and/or VAT number. In this case, the invoice will be sent via email to the address indicated. The Buyer is responsible for the correct entry of the billing information and is expressly informed that, in the event of failure to request the invoice during the order phase, it will not be possible to request it later.