General terms and conditions of sale

1. INTRODUCTION AND EFFECTIVENESS OF THE GENERAL TERMS AND CONDITIONS OF SALE

These general terms and 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, on the website www.versilfood.com, that is on the online store integrated therein shop.versilfood.com (hereinafter each of them referred to as the “Site”) in compliance with the Italian legislation referred to in Legislative Decree 206/2005 as amended and integrated (hereinafter, “Consumer Code”). The seller of the products and owner of the Website is: Versilfungo S.p.A., with registered office in Italy, Capezzano Pianore (LU), 55041, via dei Ghivizzani 84, registered in the Lucca Companies’ Register under no. 01205620469, Tax code and VAT n. 01205620469, e-mail address: ordini@versilfood.com (hereinafter, “Versilfungo”). The consumer visiting the website to make purchases (hereinafter “Customer”) is required, before sending the order, to carefully read and accept these General Conditions which have been made available on the Site itself. In the event that the subject makes purchases on the Site as a professional, as part of a business activity, pursuant to art. 3, paragraph 1, letter c of the Consumer Code and/or in any case is not a “consumer or user” as defined in the art. 3, paragraph 1, letter a), of the Consumer Code, the withdrawal regulations referred to in art. 7 of these General Conditions will not apply as well as, more generally, the provisions which pursuant to the same Consumer Code apply only to “consumers”. The contracts concluded with Versilfungo through the Site are governed by these General Conditions in compliance with Italian law. The language available to subscribe the contract is Italian.

2. CHOOSING AND ORDERING PRODUCTS

The characteristics and prices of the various products on sale on the Site (hereinafter “Product” or “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 reading the General Conditions and the Privacy Policy and confirming their acceptance, must enter the shipping and invoicing data, select the desired payment method and confirm the order . By sending the order from the Site, the Customer acknowledges and declares to have read all the information provided during the purchase procedure and to fully accept these transcribed General and Payment Conditions. The contract between Versilfungo and the Customer must be considered concluded upon receipt of the order by Versilfungo which qualifies as acceptance of Versilfungo’s offer proposal on the Site, it being understood that Versilfungo’s offer proposal on the Site is conditional to the actual availability in stock of all the Products ordered. In case of full availability in stock of the Products ordered on the Site, within 3 (three) working days of receiving the order Versilfungo will send the Customer a summary email of the order itself containing a reference to these General Conditions, the number of order, shipping and billing data, the list of Products ordered with their essential characteristics and the overall price, including delivery costs. The Customer must check the summary email and if he/she finds any errors in the order he/she has 1 hour from receiving this email to contact Customer Service at no. + 39 0584 338243 (Monday to Friday, from 8.30am to 4pm) or by e-mail to ordini@versilfood.com. After this deadline, the order will be processed for shipment and changes will no longer be accepted, without prejudice to the Customer’s rights referred to in article 7 below. Conversely, if the Products ordered on the Site are not in stock, Versilfungo will send the customer an email within 3 (three) working days of receiving the order proposing to the Customer the partial supply of the available Products. In the event that the Customer does not accept the partial order proposal, the order will be cancelled. Upon receipt of the order, in case of payment by credit card or PayPal, authorisation will be requested for the exact amount of the expense. During shipping, only the cost of the products actually sent will be charged and any pre-authorised and unused amounts will be released to the payment method chosen by the Customer in a short time, according to the times established by the payment method itself.

3. INFORMATION ON PRODUCTS

The information and characteristics relating to the Products are available on the Site with the relevant Product codes. 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 colour and size. In the event of a difference between the image and the written product sheet, the description on the product sheet always prevails.

4. PRICES AND SHIPPING COSTS

The prices indicated on the Site are to be considered inclusive of taxes and VAT. All prices are expressed in Euro. Any shipping or payment costs are in any case communicated in advance to the Customer through the Site. Orders for an amount exceeding €50 include free shipping.

5. PAYMENT AND BILLING METHODS

 5.1       Payment methods

Purchases can only be made by credit card, PayPal, Masterpass or any other methods indicated on the Site. Please note that there are no additional costs related to the payment method chosen. In case of payment made by credit or debit card, the financial information (such as, for example, the card number and/or expiry date) will be sent via encrypted protocol to the banking institution, which provides the relevant services of remote electronic payment. This information will also be used by Versilfungo solely to follow up on the purchase or for any refund procedure in the event of a return, following the exercise of the right of withdrawal or to report any fraud committed to the police. In no case and at no stage of the payment will Versilfungo be able to know the information relating to the Customer’s credit cards, which will be directly transmitted via a protected connection to the website of the banking institution that manages the payment transaction. Versilfungo will not store such data in any computer archive and therefore in no case can it be held responsible for any fraudulent or improper use of credit cards by third parties at the time of payment. The price of the products on sale and the shipping and delivery costs indicated in the purchase order form will be charged to the Customer only following shipment of the products themselves.

5.2       Invoicing of orders

If the purchase is made by a professional, it will be possible to request an invoice by selecting the appropriate box during the order procedure and entering the invoicing data including tax code and/or VAT number and unique billing code. In this case, the invoice will be sent by e-mail to the address entered. The professional is responsible for the correctness of the billing data and is expressly informed that, in case of failure to request the invoice during the order phase, it will not be possible to request it subsequently.

6. TRANSPORT AND DELIVERY

The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure in the appropriate shipping data field. All purchases will be delivered by express courier (hereinafter, the “Courier”) from Monday to Friday, excluding holidays and national holidays. Versilfungo is not responsible for delays that are unforeseeable or not attributable to it. Once the Products have been shipped, the Customer will receive a confirmation email which will include a reference link to track the shipment. In any case, except in cases of force majeure or unforeseeable circumstances, the Products ordered will be delivered within 7 (seven) working days for shipments to Italy starting from the day following the summary email of the order sent to the Customer and within 10 (ten) working days for shipments outside Italy starting from the day following the order summary email sent to the Customer. Delivery services active in Italy: MBE Mail Boxes Etc The service includes 2 delivery attempts to the address indicated at the time of the order. A notice will be left after each attempt. Upon the second unsuccessful delivery attempt, the Courier will contact the recipient of the order by telephone at the telephone number indicated, to arrange delivery. If the customer is not traceable or is absent, the goods will be returned to the warehouse Delivery services active abroad: MBE Mail Boxes Etc Express Courier Shipments abroad may take place with different couriers depending on the country of destination in order to ensure the Customer the best available rate. Countries in which the service is active: https://shop.versilfood.com/spedizioni

7. RIGHT OF WITHDRAWAL

7.1       Right of withdrawal

Pursuant to articles 52 et seq. of the Consumer Code and without prejudice to the exceptions contemplated therein, the consumer who purchases the Products via the Site may withdraw from the purchase contract, without providing any reason or incurring costs other than those indicated in the following Paragraph 7.3, within 14 days from the day on which the consumer or a third party, other than the courier and designated by the consumer, acquires physical possession of the goods purchased. Withdrawal is not allowed in the cases indicated in the following Paragraph 7.4.

7.2       How to exercise the right of withdrawal

To exercise his/her right of withdrawal, the consumer must inform Versilfungo, as seller of the goods, of the decision to exercise the right of withdrawal from the contract through an explicit declaration (for example a letter sent by post or email). To this end, he/she can (not obliged to) use the standard withdrawal form whose instructions are available at the following link https://shop.versilfood.com/resi-e-rimborsi where he/she will also find Versilfungo’s contact details to send the explicit declaration of withdrawal. In any case, the consumer is asked to also provide Versilfungo, together with the explicit declaration of withdrawal, the following information: purchase order number and date; delivery date of the purchase order; the name and address of the consumer; the consumer’s e-mail and telephone number; code of the goods for which he/she intends to exercise the right of withdrawal. To comply with the withdrawal deadline, it is sufficient for the consumer to send the communication relating to the exercise of the right of withdrawal before the expiry of the relevant period of 14 days from the date indicated in Paragraph 7.1, i.e. from the day on which the consumer or a third party, other than the courier and designated by the consumer, acquires physical possession of the goods purchased.

7.3       Effects of exercising the right of withdrawal

Upon receipt of the communication of exercise of the right of withdrawal: Versilfungo will open a procedure for managing the return and communicate to the withdrawing consumer the instructions relating to the methods of returning the purchased goods, which must in any case be such as to allow them to be returned intact to Versilfungo (see in this regard what is indicated in the following Paragraph 7.4). The consumer is required to return the goods without undue delay and in any case within 14 days from the day on which he/she communicated his/her withdrawal from the contract to Versilfungo. The deadline is respected if the consumer sends back the goods before the expiry of the 14 day period, according to the instructions that will be given by Versilfungo itself; Versilfungo will reimburse all payments made by the consumer in its favour, excluding delivery costs where applicable, without undue delay and in any case no later than 14 days from the day on which Versilfungo is informed of the consumer’s decision to withdraw from the contract pursuant to of the art. 54 of the Consumer Code. These refunds will be made using the same means of payment used by the consumer for the purchase of the goods, unless the consumer has expressly agreed otherwise; in any case, the consumer will not bear any costs as a consequence of this reimbursement. The refund may be suspended until the goods are received or until the consumer demonstrates that he/she has sent the goods back, whichever is earlier. The direct costs of returning the goods will be borne by the consumer.

7.4       Cases of exclusion of the right of withdrawal

Pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded, among other things, in the following cases: the supply of tailor made or clearly customised goods; the supply of goods which are likely to deteriorate or expire rapidly; the supply of sealed goods that are not suitable for return for hygienic or health protection reasons and have been opened after delivery. Therefore, for hygienic and consumer protection reasons, the right of withdrawal will not be recognised for goods purchased on the Site that are not intact with their respective security seal and/or whose containers have been opened, tampered with and/or altered. In any case of exclusion of the right of withdrawal, Versilfungo will return the purchased goods to the consumer, charging the shipping costs, as well as any amounts already refunded pursuant to Paragraph 7.3, point 2 above.

8. CANCELLATION OR MODIFICATION OF THE ORDER’S SHIPPING ADDRESS

The Customer may cancel or request a change of the order’s shipping address within 1 hour of completing the order; after this deadline the order will be processed and it will no longer be possible to request cancellation or change of shipping address. The Customer must contact Customer Service at no. + 39 0584 338243 (Monday to Friday, from 8.30am to 4pm) or via e-mail to ordini@versilfood.com. Versilfungo reserves the right to cancel the order in the event of unforeseeable difficult situations, including cases of force majeure, fire, strike, flooding, etc., informing the Customer by e-mail, or, by prior agreement with the same, change the day and/or time of delivery.

9. WARRANTY AND DEFECTS OF CONFORMITY

In the event of defects in conformity of Products sold by Versilfungo, the Customer must immediately contact Customer Service via e-mail to ordini@versilfood.com, attaching the batch number and if possible a photo of the defective product. The legal guarantees provided for by articles 129, 133, 135bis, 135ter, 135quater of the Consumer Code apply to the sale of the Products. Versilfungo is responsible for any lack of conformity existing at the time of delivery of the goods and which manifests itself within the following two years. The action aimed at asserting the aforementioned defects of conformity expires within twenty-six months from delivery of the goods. The Customer has the right, at his/her choice and provided that the type of Product allows it or that the chosen remedy is impossible or, compared to the alternative remedy, excessively burdensome, to restore, without charge, the conformity of the Product through repair or replacement, or to a proportional reduction in the price or termination of the contract.

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 Versilfungo cannot therefore be considered responsible, except in the case of wilful misconduct or gross negligence. Versilfungo 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 communication, without prejudice to the Customer’s rights under these General Conditions and the Consumer Code. Except for wilful misconduct or gross negligence, any right of the Customer to compensation for damages or recognition of compensation is excluded, as well as any contractual or non-contractual liability for direct or indirect damage to people and/or things, caused by the failure to fulfil an order, even partially. COMPLAINTS Any complaints must be forwarded to Versilfungo via Customer Service at no. + 39 0584 338243 (Monday to Friday, from 8.30am to 4pm) or via e-mail to ordini@versilfood.com or by registered letter with return receipt to the following address: via dei Ghivizzani 84, 55041 Capezzano Pianore (LU), Italy, to the kind attention of Customer Service – Complaints. Versilfungo undertakes to respond to all requests received within a maximum of 7 working days.

11. ONLINE RESOLUTION OF CONSUMER DISPUTES (ADR AND ODR)

ADR

In the case of disputes arising from the General Conditions, the online Alternative Dispute Resolution body of the Milan Chamber of Commerce (www.risolvionline.com) may be contacted in advance.

ODR
In compliance with art. 14 of Regulation 524/2013, the user is informed that in the event of a dispute he/she can submit a complaint via the European Union ODR platform which can be reached at the following link http://ec.europa.eu/consumers/odr/. The ODR platform constitutes an access point for users who wish to resolve disputes arising from sales or online service contracts out of court.

12. APPLICABLE LAW AND COMPETENT COURT

The sales contract between the Customer and Versilfungo is concluded in Italy and governed by Italian law, with the non-application of conflict rules and the United Nations Convention for the International Sale of Goods. For the resolution of disputes relating to the interpretation, execution or resolution 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 of domicile if located on the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Milan, any other competent court excluded. Pursuant to Article 1341 of the Civil Code the Customer declares to have read and specifically accept the following articles of these General Conditions: 6 (liability for delays in delivery), 7.4 (cases of exclusion of the right of withdrawal), 10 (right to correct errors – exclusions of liability).