Premise
The offer of this online shop is proposed by the company Eticalimenta srl in accordance with the current regulation on electronic commerce and distance contracts.
Company’s data:
ETICALIMENTA SRL
P.IVA 03812010167
VIA PAGLIA N. 3
24121 BERGAMO
The Customer declares to have read all the above-mentioned information and general conditions of sale, before placing the order.
General Conditions of Sale
These general conditions of sale (the “General Conditions”) govern the terms and conditions of sale of products marketed by Eticalimenta srl (the “Products”).
All contracts for the sale of Products by Eticalimenta to third parties (“Customers”) are governed by these General Conditions, which form an integral and substantial part of each proposal, order and purchase order confirmation of the Products. The conditions of sale applicable to orders are those in force on the date of the order.
- Products: prices and characteristics
Unless otherwise indicated, the prices of the products published on the site by Eticalimenta srl are expressed in euros and must be understood to include VAT.
The price guaranteed to the buyer is the one published on the Site at the time of sending the order. The purchase price is fixed and final.
The prices of the Products published by Eticalimenta on the website from time to time cancel and replace the previous ones and are subject to the actual availability of the Products.
The product images are indicative and not binding.
The Customer is responsible for choosing the Products ordered - Orders – invoicing
Each order of products sent to Eticalimenta srl constitutes a contractual proposal by the Customer. The execution of the order by Eticalimenta srl is equivalent to confirmation and acceptance of the same.
The tax documentation relating to the ordered products will be issued by Eticalimenta srl at the time of shipment of the same products to the customer.
The invoice will be issued by Eticalimenta srl, the Customer must indicate the exact data necessary for invoicing and specify the address of dispatch of the same invoice. - Execution of the order
The order will be executed within the terms specified on the Site.
Deliveries are normally made within 7 working days for Italy and 15 working days for European destinations for all products indicated as “available”.
n case of non-execution of the order by Eticalimenta srl (if it is due to unavailability of the products ordered by the Customer), Eticalimenta srl to inform the Customer as soon as possible of the expected delivery times for the supply of the missing product.
If the Customer does not intend to wait for this time, however no more than 30 working days, Eticalimenta srl will refund the sums already paid by them in respect of the non-performed supply.
In case of rupture of the stock/s or unavailability of the ordered product, Eticalimenta srl undertakes to inform the Customer as soon as possible and specify a deadline for availability.
The Customer will confirm by e-mail his choice, that is to wait for the availability of the Product or request a refund. - Acceptance of the order
The conclusion of the contract will take place only at the time of confirmation of the order by Eticalimenta srl.
The Customer will receive an email notification of receipt, containing the order confirmation with all the elements constituting the contract (products ordered, prices, delivery dates, shipping costs…)
Eticalimenta srl reserves the right not to confirm an order for any reason relating in particular to a problem of supply of products, or to a problem concerning the order received. - Delivery of products
Products are delivered to the address indicated by the Customer.
Shipments will be made after receiving confirmation of payments; for the bank transfer is the credit to our current account, for payment by credit card the confirmation of transaction by the circuit.
For our shipments we rely on the service of qualified express carriers such as TNT, SDA, UPS, DHL. Rates for Italy: single rate €7,00, free shipping for orders over € 100,00
International rates: single rate €19,00, free shipping for orders over € 200,00
Tariffs for USA and Canada: variable according to weight.
Delivery time The standard deliveries take place within 7 working days for Italy and 15 working days for European destinations only for products available in stock. The terms of shipment indicated in the site, while being carefully evaluated, should be considered not binding for Eticalimenta srl, which can subsequently confirm or modify them, depending on their actual needs. Shipping times are in working days.
The delivery time of an order containing items with different delivery times is equal to the longer delivery time of the items in the order. Any delay in delivery of less than 30 (thirty) days does not entitle the Customer to refuse the delivery of the Products, nor to claim compensation or damages of any kind. Eticalimenta srl has the right to make, if it deems appropriate, the delivery of the products (even in relation to a single order) in several successive deliveries.
The delivery is considered as performed from the moment when the Product is delivered to the Customer.
The delivery document issued by the carrier, dated and signed by the Customer upon delivery of the Product, will constitute proof of transport and release of the goods.
It is important to know that:
Upon delivery, the Customer shall verify the content, compliance and condition of the Products. Therefore, at the delivery, Eticalimenta srl recommends to the Customer to check the status of the delivered products before signing the receipt, and in particular:
– the number of packages delivered corresponds to that indicated in the transport document accompanying the consignment;
that the packaging is intact, not damaged, not wet or otherwise altered, and to check the integrity of the contents.
If the Customer finds anomalies, he must refuse delivery of the products or put in writing his reservations, detailed and dated. These reservations must be confirmed to the carrier by registered letter with a return receipt within 3 (three) working days of delivery of the products. A copy will be sent to Eticalimenta srl .
If the courier’s document is signed without putting any “reservation”, the Customer will not be able to object to the external characteristics of what has been delivered. Any problems concerning the physical integrity, correspondence or completeness of the received products must be reported within 3 (three) days from delivery.
Eticalimenta srl has the right, at its sole discretion, to make the delivery of the ordered products by means of a courier chosen by you.
Unless otherwise stated, all deliveries are made to the road floor.
Particular terms and conditions of delivery must be agreed in advance between the Customer and Eticalimenta srl and accepted in writing by Eticalimenta. - Withdrawal of products in case of absence of the customer
In case of absence of the recipient during delivery, the carrier will leave a transit notice at the delivery address indicated by the Customer. The Products must be collected at the address and in accordance with the methods indicated by the carrier.
In case of non-collection within the deadline set by the carrier, the products will be returned to Eticalimenta , which reserves the right to refund the price of the products, leaving the shipping costs at the expense of the customer.
In case of error inherent to the Product, the Customer undertakes to return said Product or the Products concerned to Eticalimenta srl within 7 (seven) days from receipt, provided that they are returned with the closed packaging, in their original state and packaging with accompanying documents.
Once the Product has been received in the correct form and manner, Eticalimenta srl will return, at its own expense, the Product initially ordered. - Force majeure
In addition to those normally considered by the case-law, the following cases are explicitly considered as cases of force majeure:
– total or partial strikes, internal or external to the company, blocking of means of transport or supply for any reason, governmental or legal restrictions, computer failures, blocking of telecommunications including networks and in particular internet.
In the event of force majeure, the execution of the order will be suspended, initially and in full right.
If after a period of 3 (three) months, the parties find that the force majeure case persists, the order will be automatically cancelled, unless otherwise agreed by both parties. - Right of withdrawal
8.1 Pursuant to art. 5 of the D. Lgs 22 May 1999 n. 185, the Customer (if it is qualified as “consumer” in accordance with art.1 letter b) of the D. Lgs 22 May 1999 n. 185) has the right to withdraw from the contract and return the ordered products, without penalty and without specifying the reason, within 10 (ten) working days of receipt of the Products.
8.2 The right of withdrawal referred to in previous article 9.1 must be exercised by the Customer, under penalty of revocation, by sending a registered letter a.r. to Eticalimenta srl. , Via Paglia n. 3, 24121 Bergamo, Italy, within 10 (ten) working days of receipt of the Products.
8.3 All returns (which must be perfectly intact and accompanied by the original packaging) must be authorized by the Customer Service (info@eticalimenta.it). Once the return has been authorised, the Customer may send the Product back to the following address: Corso Vittorio Emanuele n. 259, 07044 Ittiri (SS) . Cash on delivery will not be accepted.
8.4 Once the Products have been received (and their integrity verified) Eticalimenta srl will, as soon as possible, credit the cost of the returned Products to the Customer (as indicated on the invoice), by withholding the amount of the shipping costs that will remain definitively at the Customer’s expense.
8.5 The right of withdrawal referred to in article 8.1 above may not be exercised by the Customer if the Products purchased consist of oil bottles, wine, preserves, pasta or bread that have been opened by the Customer himself or if the items being sold had been ordered and produced expressly on order of the Customer.
In case of damage to the goods during the transport of the returned goods, Eticalimenta srl will inform the Customer of the incident (within 5 working days from receipt of the goods in its warehouses), to allow him to promptly file a complaint against the courier chosen by him and obtain reimbursement of the value of the goods (if insured); in this case, the Product will be made available to the Customer for its return, simultaneously cancelling the withdrawal request. Eticalimenta srl is not responsible in any way for damage or theft/ loss of goods returned with uninsured shipments.
During the withdrawal period mentioned in article 15, the Customer is responsible for the object as custodian. In case of damage or destruction of the Product during the custody of the Customer, the right of withdrawal will lapse. - Payment
Payment of the consideration is due from the time of order.
The Customer agrees to pay the agreed price for the Product ordered on the Site (price of the Products and transport) as well as to pay or have paid, if necessary, directly to the courier or carrier, the VAT or other taxes related to the importation of the Products in the countries where the delivery will take place. The accepted forms of payment are: paypal, bank transfer.
The Customer guarantees to Eticalimenta srl that it has any necessary authorizations to use the payment method by card during the order process.
or by bank transfer to Eticalimenta srl
In case of non-receipt by Eticalimenta srl of the transfer within 10 days after confirmation of the order, Eticalimenta srl reserves the right to cancel the order. The bank details are provided at the time of ordering.
The Customer guarantees to Eticalimenta srl that it has any necessary authorizations to use the payment method Paypal at the time of ordering.
For all countries where customs duties are required, these are the responsibility of the buyer. Payment of these duties is a necessary condition for the delivery of the product ordered and purchased on the site. - Non-payment – Reservation of title
The ordered products remain the property of Eticalimenta srl until the final payment and in full of their price (pursuant to Art. 1523 and following of the CC.)
Eticalimenta srl reserves the right to claim the ordered products in case of non-payment. - Complaints
Complaints for the non-conformity of the product or products delivered with the order must be received in writing directly to Eticalimenta srl, immediately after receipt of the goods.
The customer must keep the original packaging and delivery document. - Personal information
The computerised processing of information, including the management of the e-mail addresses of the users of the site, is carried out in accordance with legal provisions.
The personal information requested from the Customer is essential for processing and submitting orders, creating invoices and any warranty contracts.
For this purpose, such information may be communicated to the contractual partners of Eticalimenta srl .
The Customer may object to such communication and, in accordance with the law, he has the right of access, modification, rectification and deletion of data concerning him by contacting Eticalimenta s.r.l., Via Paglia n.3, 24121, BERGAMO. To avoid any attempt of fraud, Eticalimenta srl may ask you for proof of your identity and address. - Electronic signature
The “validation click” is an electronic signature.
This electronic signature has the same value as a handwritten signature between the parties. - Failure to renounce
For Eticalimenta srl the fact of not claiming a failure on the part of the Customer with respect to any of its obligations, cannot be interpreted as a waiver of the obligation in question and the possibility of claiming this failure at a later time. - The contract as a whole
These general conditions of sale constitute the entirety of the obligations of the parties.
No other general or particular conditions communicated by the Customer may be inserted or exceeded by these general conditions. - Intellectual property
Eticalimenta srl is the owner of the intellectual property rights of the Site and the right to distribute the elements that are contained in the catalog of the online store, consequently, partial or total reproduction, on any type of medium, the elements that make up the Site and the catalogue, their use as well as their transfer to third parties are formally prohibited. - Nullity
If one or more provisions of these general conditions were deemed invalid or declared to be so under a law, regulation or following a final decision taken by a competent court, The other provisions will retain their full force and value. - Jurisdiction of the Court
In case of litigation and in the absence of an amicable agreement between the parties, without prejudice to the possible applicability of mandatory provisions of law for consumer protection (as defined by art.1 letter b) of the D.Lgs 22 May 1999 n. 185), any dispute in any way connected to these General Conditions, will be subject to the exclusive jurisdiction of the Court of Bergamo.
Pursuant to and for the purposes of articles 1341 and 1342 of the Civil Code, the Customer declares that he has carefully read and understood and specifically accepts the following clauses of the General Conditions of Sale Eticalimenta srl: 1-2-3-4-5-6-7-8.1-8.2-88.3-9-9.1-9.2-9.3-9.4-9.5-10-11-12-13-14-15-16-17-18-19.