GENERAL CONDITIONS FOR THE ONLINE SALE OF FOOD PRODUCTS www.lemporiodiserena.it
Art. 1: Definitions:
General conditions of sale: in these general conditions of sale are meant :
Seller: L’Emporio di Serena di Serena Falla Isef, with registered office in Ameno (No), via Matteotti 1 P.I.: 02292760036
Site: means the web platform www.lemporiodiserena.it through which the service is offered
Product(s): food products sold by L’Emporio di Serena
Buyers: any person who, by accessing the site, buys food products online
Service: online sale of high quality food products.
Art. 2: General and commercial policy of the company
L’Emporio di Serena, a family-run business, markets food products, and in particular cold cuts, cheeses, wines, sweets, made in the surrounding area, produced by third parties, of high quality.
None of the foodstuffs marketed is produced directly by L’Emporio di Serena.
Art. 3: Scope of application
These general conditions of sale are applied to purchasers who make purchases through the website www.lemporiodiserena.it, whether they are final consumers or professional buyers.
By placing the purchase order, the customer confirms that he has carefully read and accepted all these general conditions of sale and asks the company to proceed with the execution of the same.
Article 4: Subject matter of the contract and of the service
The company, through the website www.lemporiodiserena.it, offers an online sales service of high quality food products. The essential characteristics of the products are explained within each product sheet. The buyer is aware that the purchased item is a food product, and as such, perishable, subject to the influence of the surrounding environment and storage methods. The buyer is therefore aware that the taste, texture, color and, in general, the characteristics of the product purchased may change from shipment to shipment, and from package to package, even if related to the same product.
Art. 5: Conclusion of the contract
The contract for the purchase of the product is considered definitively concluded when the buyer – final consumer, will successfully complete the procedure of purchase online, sending the order and L’Emporio di Serena proceeds to the delivery of what was ordered.
Without prejudice to the above, the obligation of delivery of the Product by the Company is subject to prior payment of the Order by the Buyer.
The company will have the right, at its discretion, to keep a copy of the orders received in the manner and within the terms deemed most appropriate.
Art. 6: Shipping and payment prices
All prices indicated on the website are in Euro (€) and include VAT.
The prices of the Products to be sold online are determined on the basis of the weight of the Product itself, but do not take into account any fluctuations or variations in weight, in defect or excess, of the Goods delivered. Under no circumstances, therefore, may the Buyer demand that a different price be applied from that indicated on the website www.lemporiodiserena.it, nor that sums be reversed or credited for any reason.
There is no minimum amount for placing orders on the Site.
Shipments are possible only in the municipalities expressly indicated in the appropriate section of the site.
The shipping fee is € 1,50 for orders under € 20,00.
Shipping is free for orders over or equal to € 20,00.
The payment of the products can be made by credit card or Paypal or on delivery. For payments by credit card or Paypal service at order confirmation the customer’s credit card or Paypal account is authorized and the amount due is blocked for payment purposes.
In case of payment by credit card or Paypal, the delivery of the Product will take place only after the Purchaser has completed the payment procedure of the amount due, in the manner indicated on the site www.lemporiodiserena.it and here mentioned.
All tax and banking information will be used by the company only to complete the procedures relating to the purchase, or if it is necessary to prevent or report to the police force the commission of fraud of any kind,on the site www.lemporiodiserena.it.
Payment on delivery can only be made by cash.
Art. 7: Methods of purchase
The purchase of Products for sale online on the site www.lemporiodiserena.it must be done by following the procedure indicated by the platform, which consists of the following steps:
d) Advance payment by credit card or on delivery in cash.
The purchaser is aware that any other type of procedure, or the partial and not definitive conclusion of the same, does not determine the conclusion of the contract. Only the correct and complete execution of the purchase procedure as provided for by the website www.lemporiodiserena.it determines the obligation of the Seller to deliver the purchased Products.
Art. 8: Customer’s declarations
The customer (final consumer) declares to be of legal age and to have the legal capacity necessary to sign a contract having legal validity between the Parties and that the information provided at the time of the order are true, up to date, accurate and sufficient to process the order.
Art. 9: Product delivery and risks
Delivery will be made to the address indicated by the Buyer. The Seller Company shall not deliver the Products in any case to destinations and/or recipients other than those indicated at the time of the Order.
After payment of the Order, the Buyer will be notified of the date and order code.
In any case, in order to ensure the best possible service, L’Emporio di Serena undertakes to deliver within 1 working day of the order for purchases made before 8.00 PM (Saturday and Sunday included).
Delivery can take place at the following times: morning 10.30-12.30 AM and afternoon 2 – 4 PM.
On Sundays and holidays deliveries are made only in the morning: 10.30-12.30 AM.
If no preference is expressed, the delivery time will be at the discretion of L’Emporio di Serena.
The above terms are purely indicative and do not constitute an essential condition or peremptory term of the contract concluded. In no case, therefore, the Buyer may terminate the contract if delivery takes place on a date or time different from that indicated in the Order Confirmation.
It is the sole responsibility of the customer to verify the delivery address indicated. The company reserves the right to charge the customer for any additional costs due to changes to the delivery address not communicated in due time.
If the Buyer refuses to receive or, for any reason, does not receive delivery of the Product in accordance with these general conditions of sale, all risks associated with the loss of or damage to the Products shall be borne exclusively by the Buyer. In any case, the price paid for the Order will not be returned by the Company to the Buyer.
The risk associated with the loss or damage of the products will be borne by the Purchaser upon delivery of the products at the time when the products come into his possession.
Art. 10: Exclusion of right of withdrawal
Since these are perishable food products and with a short deadline indicated on the packaging, is excluded any right of withdrawal, in accordance with the law.
Art. 11: Rights of third parties
In the case of the sale of Products to professional entities (e.g. restaurants, supermarkets, other retail businesses), the Buyer shall indemnify the company against any liability, claim and cost that the company shall bear or incur as a result of any activity that causes a violation or alleged violation of the intellectual property rights of third parties.
To this end, 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 Purchaser. The purchase of the Products does not imply in any case to the Purchaser, transfer by the seller or producers, of any right related to trademarks or any other sign or distinctive indication of the product purchased.
Art. 12: Warranty
All product descriptions, illustrations, representations, details, dimensions, performance data and any other information available on the website are general product illustrations and in no way represent a guarantee or declaration of conformity of the products to the same.
Art. 14: Applicable law
These general conditions of sale are governed by Legislative Decree 206/2005 on the protection of consumers in respect of distance contracts and Legislative Decree 9.4.2003, n. 70, in implementation of the European Directive on Electronic Commerce n. 2001/31/EC, together with any other applicable law and regulation, the “Applicable Law”.
Art. 15: Place of jurisdiction
In accordance with the law, for disputes arising in connection with the execution or interpretation of this contract, between the Company and the final consumer, the Court of the place of residence of the consumer and its media conciliation bodies, as provided for by Applicable Law, shall have jurisdiction.
For disputes arising with professional buyers, the Court of Verbania shall have jurisdiction.