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TERMS & CONDITIONS OF SALE
GENERAL TERMS AND CONDITIONS OF SALE
Preamble
The general conditions of sale and use described below (hereinafter “General Conditions”) apply to all sales (hereinafter referred to as “Services” or, individually, “Service”) provided by Italy Bite Srl, through its website www.italybite.it (the “Website”). Use of the Services is exclusively permitted to a registered user who has:
1 read the Information concerning the handling of personal data;
2 accepted the General Conditions;
3 created an account on www.italybite.it, as indicated below.
Pursuant to and for the purposes of articles 7 and 12 of Legislative Decree No. 70 of 9/4/2003, italybite.it hereby notifies users of the following information: the provider of the Services that are the subject of these General Conditions is Italy Bite Srl, with registered office in p.za Umberto 13 - 52011 Soci Bibbiena (Arezzo), Italy, VAT no. 02293800518; registered with the Arezzo Chamber of Commerce, (hereinafter “Italy Bite”). In this document, Italy Bite Srl will be referred to by the name “Italy Bite”, which is the trademark under which it operates its sales activities on the Website. The General Conditions will also be applicable to the new types of Services which will be provided in the future by Italy Bite, unless otherwise specified at the time of registration or first provision of the new Service. The user should print a copy of the General Conditions and/or retain them on a durable medium.
Special note to consumers:
Only users who are natural persons of legal age are allowed to register as consumers. “Consumers” refers to the natural persons who access Italy Bite for purposes not relating to any business, trade or profession that they may conduct. The provisions contained in Legislative Decree no. 206 of 6/9/2005 (“Consumer Code”) will therefore apply, as well as those generally applicable to the type of service provided by Italy Bite by virtue of Legislative Decree No. 70 of 9/4/2003 on the services of companies dealing with electronic information and commerce.
General information and scope
1. These General Conditions apply to all sales made by Italy Bite on the Website.
2. The General Conditions may be modified at any time, with no prejudice to the user’s right of cancellation as referred to in point 1.4 below. Any modifications and/or new conditions will be effective as of the moment they are published in the “Conditions” section of the Website. To this end, we encourage users to regularly visit the Website and check the status of the most up-to-date General Conditions.
3. The General Conditions that apply are those that are in force on the date that the purchase order is sent.
4. In case the user does not intend to accept the changes to the General Conditions, they are entitled to withdraw by giving notice via registered letter with notice of receipt or via certified email with 7 days of notice.
5. The continued use of the Service after the period referred to in paragraph 1.4 constitutes a demonstration of the user’s willingness to accept the General Conditions.
6. These General Conditions do not regulate the sale of products and/or the provision of services by parties other than Italy Bite that may be present on the Website by way of links, banners or other hypertext links. Before carrying out any commercial transactions with any such parties, the user must first check their conditions of sale. Italy Bite is not responsible in any way for the provision of services and/or the sale of products by said parties. Italy Bite does not carry out any checks and/or monitoring on the websites that can be reached via such links. Italy Bite is therefore not responsible for the content of these sites nor for any errors and/or omissions and/or violations of law committed by said sites.
Registration
7. In order to use Italy Bite’s services, the user must register on the Website by creating an Italy Bite account, accepting the General Conditions, and clicking on the “Register” button to be found on the homepage of the Website. Failure to accept the General Conditions means that the user will not be able to register on the Website or make any purchases on Italy Bite.
8. Registering on the Website is free. To register, the user must fill in the registration form, entering an email address and password (hereinafter “Registration Credentials”). The registration must be validated, and once this has occurred, a confirmation email will be sent to the email address provided by the user.
9. The Registration Credentials must be used exclusively by the user and may not be disclosed to any third party. The user must promptly inform Italy Bite should they suspect that said Credentials are being misused. The Registration Credentials may be modified by the user at any time by logging into the Website and visiting the appropriate section.
10. The user guarantees that the Registration Credentials supplied during the registration process for the Website are complete, correct and truthful. The user agrees not to hold Italy Bite liable for any obligation of compensation or penalty arising from and/or in any way connected to the user’s violation of the rules on registration to the Website. The user is solely responsible for their access to the Website using the Registration Credentials and is directly liable for any damage or injury caused to Italy Bite or third parties due to the improper use, loss, undue appropriation by others or, more generally, their failure to maintain the appropriate level of confidentiality of their Registration Credentials. All operations carried out under the user’s Registration Credentials are considered to be made by the Customer to whom the Registration Credentials refer.
11. By registering on the Website, the user agrees to receive invitations to participate in the sales and commercial proposals offered by the Italy Bite Club. At any time, by clicking on the appropriate link at the bottom of the invitation email, the user may request not to receive any further invitations to participate in sales. The user may, in any case, participate in sales by directly accessing the Website with their credentials.
12. The Services are provided in Italian, English and German.
13. Each user may only register once.
14. In the personal area of the Website, the user can view and, if desired, modify orders that are open, recently dispatched and/or completed, as well as managing and saving personal data and opting in or out of receiving the Newsletter.
15. Italy Bite reserves the right to refuse, at its sole discretion, the registration of any user. Italy Bite also reserves the right not to accept orders, wherever they may come from, that seem anomalous in terms of the quantity of products purchased or the frequency of purchases made on the Website, as well as in relation to the improper or suspect use of gift vouchers or discounts referred to in section 76, and the user may at any time cancel their membership of the Italy Bite Club by accessing the personal area of the Website.
Precontractual information
In accordance with the Legislative Decree of 9 April 2003, no. 70, containing provisions relating to electronic commerce, Italy Bite informs the user that:
16. in order to enter into the contract of purchase of one or more products on the Website, the user must fill in an order form electronically and send it to Italy Bite, telematically, following the instructions that will appear from time to time on the Website and that will accompany the various steps of the purchase;
17. the contract is concluded when Italy Bite registers the order form, after having verified that the information relating to the order and payment is correct;
18. before proceeding to submit the order form, the user may identify and correct any data input errors by following the instructions that appear from time to time on the Website and that will accompany the various steps of the purchase; once the order form has been registered, Italy Bite will send the user a confirmation email to the email address provided containing a summary of the General Conditions, information relating to the characteristics of the product purchased, a detailed breakdown of the price, payment method used, methods for exercising their right to cancellation, delivery costs and any additional costs, as well as the details of the customer service available to them. Users are recommended to retain this confirmation email as proof of purchase, or to store it on a durable medium;
19. the order form will be stored in Italy Bite’s database for as long as necessary to fulfil the order and, in any case, within the limits provided for by law. To access their order form, the user may consult the Profile - Orders section of the Website, where they will find a list of all orders placed.
Terms and conditions of sale
20. The offers published on the Website are available for a limited period of time and in limited product quantities. The period of validity of the offers is shown on the Website.
21. All prices quoted on the Website are in Euros (€) and are inclusive of VAT. The portion of the final cost which goes towards the processing and delivery of the order is explicitly shown and is inclusive of VAT. This amount will be shown separately on the order form before submission and on the order confirmation email.
22. The price of the products may be modified without notice until the order is confirmed, it being understood that the price charged to the user will be the price shown on the product page at the moment when the order is placed.
23. The products shall remain the property of Italy Bite until the purchase price plus any additional costs required are paid by the user.
24. Italy Bite will process the purchase order only after having received confirmation of the authorisation of the payment of the full sum owed, comprising the purchase price, delivery charges and any other additional cost, as detailed in the order form.
25. Italy Bite reserves the right to refuse orders from users who do not give sufficient guarantees of solvency or with whom disputes are pending.
Availability
26. The products offered on the Website are limited in number and may be sold at discounted prices. It may therefore happen that the product ordered is no longer available after the purchase order is registered. In the event in which a product which has been ordered is unavailable, the user will always be promptly informed via email and the purchase order will be cancelled. If the payment has already been processed, Italy Bite will provide a refund of the amount paid by the user, including all processing and delivery costs for the order, immediately, and, in any case, within a period of thirty days from the day following the day the order is submitted. The amount of the refund will be communicated via email, and credited back onto the same method of payment used for the purchase, or via bank transfer or vouchers.
27. Italy Bite accepts no liability for any delay in the arrival of the refund, which depends on the bank or type of credit card used for the payment. In any case, the value date of the amount refunded will be the same as the payment date.
Delivery
28. The delivery of the goods takes place “ex seller’s warehouse” and is offered within the following countries: Italy, San Marino, Vatican City, Germany, Austria, Belgium, Luxembourg, the Netherlands, France, Monaco, Denmark, Spain, Slovakia, Czech Republic, Sweden, Poland, Slovenia, Hungary, Estonia, Latvia, Lithuania, Portugal, Croatia, Finland, Romania, Bulgaria, Greece and Ireland, to the postal address provided by the user on the order form. The user is solely responsible for the address provided for delivery.
29. Delivery times are as stated in the purchase order recorded in the Profile - Orders section of the Website and specified in the purchase order confirmation. In the event that a specific period of delivery is not provided, delivery will occur within thirty days from the day following the day the order is submitted.
30. When the products are handed over to the courier, the user will be sent a dispatch confirmation email.
31. In case delivery is delayed due to force majeure, Italy Bite will contact the user via email to inform them of the delay to their delivery. Italy Bite cannot be held in any way responsible for any delays due to the actions of third parties and/or due to force majeure.
32. The delivery is considered completed when the product is made available to the user at the address specified on the order form.
33. In the event of non-delivery due to the recipient not being at the specified address, the courier will leave a card to certify the delivery attempt. The card will specify the information that the user will have to use to contact the courier and establish a time for the second delivery attempt. After two failed delivery attempts, the package will be put into storage and Italy Bite’s Customer Service team will attempt to contact the user so as to release the package and make sure that the delivery is made successfully as soon as possible. If this attempt also fails, the product purchased will be sent back to Italy Bite. After thirty days from the date on which the product was sent back to Italy Bite, the contract will be deemed terminated and the purchase order will be cancelled pursuant to art. 1456 of the Civil Code. Italy Bite will then proceed to refund the amount paid by the user, minus the cost of the failed delivery of the product as well as the cost of returning said item to Italy Bite, and the storage costs, as well as the cost of any products that have expired due to the amount of time they have spent in storage and/or transportation. The termination of the contract and the total of the refund will be communicated to the user via email. The refund will be credited back to the method of payment originally used by the user to make the purchase. If, before the period of thirty days is up, the user requests to have the product they have purchased sent to them again, Italy Bite will proceed to deliver it again after charging, as well as the cost of said product, the cost of returning said product to Italy Bite, and the storage costs, as well as the cost of any products that have expired due to the amount of time they have spent in storage and/or transportation.
It is up to the recipient to check the condition of the product delivered. Should the package show signs of breakages, dents, tampering and/or alteration, the user is asked to accept the package from the courier as “GOODS RECEIVED UNCHECKED”. If the recipient finds damaged goods inside the package, they are asked to promptly notify Italy Bite’s Customer Service team via email at info@italybite.it.
In the message, the user must list the damaged products, attaching the courier’s delivery slip with the words “ACCEPTED AS GOODS RECEIVED UNCHECKED” and, where possible, include photographic evidence of the damaged material. If the package is accepted without specifying that it is “GOODS RECEIVED UNCHECKED”, it will not be possible in any way to begin proceedings against the courier and we will therefore not be able to return the damaged goods.
Withdrawal
34. Any user who has purchased products through the Website has the right to withdraw from the contract entered into with Italy Bite, without any penalty and without having to specify the reason, within 10 working days from the date of receipt of the goods, where not otherwise specified. The withdrawal must be carried out by way of a registered letter with acknowledgement of receipt sent to Italy Bite at the following address:
Italy Bite Srl – P.za Umberto 13 - 52011 Soci Bibbiena (Arezzo) - Italy
Notification of withdrawal may also be given in advance, within the period of 10 days indicated above, by way of fax or email at the email address: info@italybite.it, on the condition that the notification of withdrawal is confirmed by way of registered letter with acknowledgement of receipt within the following 48 hours.
35. The user must send the products purchased, using a courier of their choice and at their own expense, within 10 working days of receipt of the goods, suitably packaged in their original packaging and complete with any and all accessories.
36. We ask that you send the products exclusively to our logistics department at the following address:
Italy Bite Srl – P.za Umberto 13 - 52011 Soci Bibbiena (Arezzo) - Italy
For any further information, please contact: info@italybite.it, and our customer service team will arrange for the returned goods to be collected, if the user requests it.
37. Pursuant to article 67, paragraph 2 of the Consumer Code, the product must be returned in a state of substantial integrity as a necessary condition for the user to exercise their right of withdrawal. The products must not have been damaged and/or altered, and as such, in the case of perishable products (stored at a controlled temperature), it is up to the customer to ensure that the temperature is properly maintained, otherwise Italy Bite will be unable to provide a refund (as the goods will be compromised).
38. In order to exercise the right of withdrawal, it is not necessary for the goods being returned to be insured against theft or accidental damage during transportation. However, because the inherent risk of returning the goods lies with the buyer, Italy Bite recommends that any buyer who intends to exercise their right of withdrawal to insure, at their own expense, the delivery for the value shown in the purchase order confirmation email.
39. In accordance with art. 67, paragraph 4 of the Consumer Code, it is only after the product has been returned and compliance with points 34, 35, 36, 37 and 38 above has been confirmed that Italy Bite will proceed - as quickly as possible - to refund the amounts paid by the user. The amount of the refund will be communicated via email, and credited back onto the same method of payment used for the purchase, or via bank transfer. The value date of the amount refunded will be the same as the payment date. The user’s ability to take advantage of the current commercial offers is not affected.
40. Pursuant to article 55 of the Consumer Code, the right of withdrawal is not valid if the sale includes custom-made or personalised products, or products which, by their very nature, cannot be sent back or which risk deteriorating or expiring rapidly (e.g. foodstuffs, cosmetics, flowers, etc.). Nevertheless, Italy Bite offers the option of withdrawal for perishable food products under the following conditions:
1.40.1. The customer has the right to withdraw from the purchase of fresh, perishable goods if they accepted the package upon the courier’s first delivery attempt. In case of non-delivery due to absence of the recipient at the address specified - on the courier’s first delivery attempt - the right of withdrawal is lost.
1.40.2. The customer has the right to withdraw from the purchase of fresh, perishable goods if, upon opening the package, the product is altered or does not have the characteristics specified at the time of purchase.
1.40.3. The right to withdrawal for perishable products may be exercised by sending, within 24 hours from receipt of the goods, a written communication via our email service to the address: info@italybite.it.The message must include the description of the products that the customer intends to return and the details of their altered condition.
1.40.4. Italy Bite reserves the right to evaluate the actual deterioration of the fresh product upon return. Should the supposed alteration in the condition of the product not be corroborated by the customer service team, the customer will be notified and the price paid will not be refunded.
Payment
41. Payment for products purchased on the Website can be made by credit card or PayPal. Italy Bite accepts all major credit cards (namely VISA, MASTERCARD, AMERICAN EXPRESS), and these payments will be processed through a secure server-to-server connection by use of the SSL Protocol (Secure Sockets Layer) with 256-bit encryption.
42. At the time the order is sent, the credit card used by the user for payment will not be charged at all. The card will only be charged after:
1.42.1.the data of the credit card used by the user for payment has been verified;
1.42.2.the issuer of the credit card used has authorised the payment.
43. The invoice will be automatically issued for each purchase. On the occasion of the first purchase, the user will be asked to provide the necessary information in order to address the receipt. They may subsequently modify this information. The invoice for each purchase will be available in the Profile - Orders section of the Website, and will be sent via email to the email address registered to the account.
44. In the event of non-payment, Italy Bite will charge the costs of managing the user’s unpaid account and will refuse the connected purchase order, informing the user via email. Italy Bite reserves the right not to accept certain methods of payment at its sole discretion.
Guarantees and non-conformity of products
45 The products offered on the site comply with Italian and European legislation in force in Italy.
46. The description of the products offered on the Website is the description that the suppliers, under their own responsibility, have provided to Italy Bite. The images and colours of the products published on the Website may differ from reality due to local system settings and/or the settings of the devices used to view them. Italy Bite is not responsible for any lack of correspondence between the product ordered and the description of the product present on the Website, in the event that such a mismatch is due to errors in the description attributable to the supplier and for which Italy Bite was not and could not be aware of with the use of reasonable due diligence.
47. All products sold on the Website are covered by the Legal Guarantee of Conformity provided for by articles 128-135 of the Consumer Code (“Legal Guarantee”). The Legal Guarantee is reserved for consumers.
48. In the case of a lack of conformity of the products purchased compared with the description published on the Website, the user has the right to have the product repaired or replaced, at no additional cost, where this is possible in relation to the number of items still available for sale and provided that said repair or replacement do not prove to be prohibitively expensive for the seller in light of the value that the goods would have without said lack of conformity, as well as the extent of the defect. Alternatively, the user has the right to terminate the contract or to have the price reduced, in accordance with the following provisions.
49. The seller is responsible to the consumer for any lack of conformity that exists at the moment of delivery of the product which becomes apparent within two years of its delivery. The seller must be notified of this lack of conformity, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.
50. Unless proven otherwise, it is presumed that any defects in conformity that become apparent within six months of delivery of the product already existed at that time, unless this presumption is incompatible with the nature of the product of the nature of the defect in conformity. In order to be able to make use of the Legal Guarantee, the user must provide proof of the date of purchase and delivery of the goods.
51. In the event of termination of the contract, Italy Bite will refund the price paid by the user, as well as delivery costs and any other additional costs. In the event of a reduction in the price, Italy Bite will refund the amount of the reduction agreed with the user in advance. In any case, the amount of the refund will be communicated to the user via email, and credited back onto the same method of payment used by the user to make the purchase. The user will have to agree upon how to send the goods with Italy Bite’s Customer Service team.
52. The Legal Guarantee does not cover goods that have been repaired, modified or in any way altered by the user. The scope of the Legal Guarantee also excludes any failures, malfunctions or defects of another kind caused by accidents or by events caused by the user, or by any use of the product which is not in accordance with its intended use and/or what is provided for in the technical documentation attached to the product, if any, or in the instructions for use relating to it. The guarantee is personal and will apply only to the original purchaser.
53. Italy Bite is not responsible - neither in respect of third parties nor in respect of the customer - for any damages to or losses of the items it sells that are the result of manufacturing defects. Under the terms of the guarantee, responsibility for such events remains solely with the manufacturer.
54. The conventional guarantees that relate to the products sold are those provided directly by the manufacturer.
55. Under no circumstances shall Italy Bite be held liable for failing to meet any of the obligations it has as a result of these General Conditions when said failure is caused by unforeseeable circumstances and/or force majeure, including, by way of example and without limitation, natural disasters, acts of terrorism, network failures and/or blackouts.
The obligations and responsibilities of Italy Bite
56. Italy Bite undertakes to correct any and all errors present in the description of products offered on the Website, in the shortest time possible, starting from when they are reported. Such errors may be reported by contacting Italy Bite’s Customer Service team using the details provided in the preamble.
57. Italy Bite is not responsible in the event of damages, of any kind whatsoever, arising from the use of the product in a manner that is improper and/or not in accordance with the instructions provided by the manufacturer, nor in the event of any damages arising from unforeseeable circumstances or force majeure.
58. Italy Bite is not responsible for situations of loss of income, loss of profits, loss of data or for any indirect or consequential damages of any kind arising out of or connected with the contracts subject to the General Conditions.
59. Italy Bite’s responsibility, in any case, shall not exceed the total value of the purchase order.
60. Under no circumstances shall Italy Bite be held liable for failing to meet any of the obligations it has as a result of the contracts subject to these General Conditions when said failure is caused by unforeseeable circumstances and/or force majeure, including, by way of example and without limitation, natural disasters, acts of terrorism, network failures and/or blackouts.
Suspension of the Service
61. Italy Bite reserves the right to temporarily suspend, without prior notice, the provision of Services for the time strictly necessary for technical operations that are necessary and/or desirable to improve the quality of said Services.
62. Italy Bite may, at any time, discontinue its provision of the Service should this decision be motivated by reasons of security or privacy violations, giving notice of said decision to the user in this case.
Content of the Website and intellectual property rights
63. The content owned by Italy Bite, including, but not limited to, works, images, photographs, dialogues, music, sounds and videos, documents, designs, shapes, logos and any other material, in any form, published on the Website, including the menus, webpages, graphics, colours, patterns, tools, fonts and design of the Website, diagrams, layouts, methods, processes, functions and software are protected by copyright and any other intellectual property right belonging to Italy Bite and other rightsholders. The reproduction, modification, duplication, copying, distribution, sale or exploitation in any form of the images and/or content of the Website is forbidden unless prior written consent is not provided by Italy Bite. It is also forbidden to use the content of the Website for commercial and/or advertising purposes.
64. All other distinctive marks that distinguish the products sold on the Website are registered trademarks of their respective owners and are used by Italy Bite under authorisation, for the sole purpose of distinguishing, describing and advertising the products on sale on the Website. Any use of the aforementioned distinctive marks which is not in accordance with the law is, by virtue of not being authorised, forbidden. It is absolutely forbidden to use any distinctive sign present on the Website to gain an unfair advantage from the distinctive character or repute of said signs or in such a way as to cause prejudice against said signs or their owners.
65. Under no circumstances may the user alter, change, modify or adapt the Website or the material made available by Italy Bite.
Gift vouchers and discount vouchers
66. Italy Bite offers the opportunity to registered users, at its sole and exclusive discretion, to receive gift vouchers and/or discount vouchers, hereinafter referred to as “Voucher(s)”.Vouchers may be granted, by way of example and without limitation, upon registration, following the registration of a friend invited by the user.
67. The period of validity and the value of these Vouchers are specified at the time of issue of the Vouchers themselves. In the case of Vouchers offered by Italy Bite as part of a specific offer, these Vouchers may not be used for other offers.
68. Vouchers are not saleable, assignable or transferrable. Vouchers are not redeemable for cash, nor do they earn interest.
69. Vouchers cannot be used to pay delivery costs.
70. Vouchers cannot be used to purchase gift cards.
71. Italy Bite reserves the right not to accept Vouchers for orders lower than a minimum amount specified upon issue of said Vouchers.
72. Should the value of the Vouchers exceed the total of the purchase, Italy Bite will not refund or credit the remaining amount to the user.
73. Should the user’s order exceed the value of the Vouchers, the difference in the total may be paid by the user via the normal methods of payment referred to in sections 41, 42, 43 and 44 above.
74. Italy Bite reserves the right to accept only one Voucher per order.
75. In case of returns, Vouchers will not be refundable.
76. Italy Bite reserves the right to revoke the Vouchers in the event of fraudulent activity on the part of the user. By way of example and without limitation, making fake invitations, violating the Terms and Conditions of Italy Bite.
77. Italy Bite reserves the right to vary the conditions relating to the Vouchers at any time and without notice including, by way of example and without limitation, their usability and expiration dates.
Final provisions, applicable law and jurisdiction
78. The General Conditions are governed by Italian law.
79. The exclusive place of jurisdiction for any dispute concerning the General Conditions is the place provided by the user as their residence or domicile, if located within the territory of the country of Italy.