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Sede Legale : Via Naz. Frentana, 93
66010 Lama dei Peligni - (CH). Abruzzo.Italy.
Sede Operativa: Zona Industriale Ovest snc
66043 - Casoli (CH). Abruzzo. Italy.
General conditions of sale
These general conditions of sale (hereinafter, "General Conditions") have as their object the regulation of the purchase of food products, made remotely and made available, via the internet, on the site https://www.hidfood.com ( hereinafter "Site"), in compliance with the Italian legislation referred to in Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, "Consumer Code"). The seller of the products and owner of the site is: HIDFOOD SRL Registered office: Via Nazionale Frentana 93, 66010 - Lama dei Peligni (CH) Abruzzo. Italy. CF / PI 02629150695, Registration in the Business Register of CH - 402939; E-mail address firstname.lastname@example.org (hereinafter "Seller")
The consumer who accesses the Site to make purchases (hereinafter "Customer") is required, before sending the order, to carefully read these General Conditions which have been made available on the Site and which can be consulted at any time from Customer also through the link contained in the confirmation email of each order to allow it to be reproduced and stored. In the event that the person making purchases on the Site requests an invoice and/or in any case is not a "consumer or user" as defined in art. 3, paragraph 1, left. a), of Legislative Decree 206/2005, the withdrawal regulations pursuant to art. 7 and 8 of these General Conditions nor, more generally, the provisions that pursuant to the same Consumer Code apply only to "consumers".
Contracts concluded with the Seller through the Site are governed by these General Conditions in compliance with Italian law. The language envisaged for concluding the contract is Italian.
OBJECT OF THE CONTRACT
The seller, through the Site, offers an online sales service of high quality food products. The characteristics and the price of the various products for sale on the Site (hereinafter "Product" or "Products") are shown on the page relating to each Product.
CONCLUSION OF THE CONTRACT
To purchase the Products, the Customer must complete and send the order form in electronic format, following the instructions contained on the Site.
By sending the order from the Site, which has the value of a contractual proposal, 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 stipulated between the Seller and the Customer must be considered concluded only with the acceptance of the order by the Seller.
This acceptance is communicated to the Customer through an order confirmation email containing a reference to these General Conditions, the order number, the shipping and billing data, the list of Products ordered with their essential characteristics, and the total price, including delivery costs. Once the order has been received, the Seller and Manufacturer will proceed to prepare the package for the fulfillment of the order.
In the event that one or more Products are not available, the Seller will promptly send an email to the Customer, who, within the next 12 hours, will have the right to reply to confirm the shipment of only the Products available or cancel it. In case of no reply within this deadline, the order will be considered confirmed and the available Products will be sent for shipment: in this case the entire amount relating to the missing Products will be canceled or in any case, depending on the chosen payment method, will not be charged. to the client. The Seller will keep a copy of the orders received and the acceptances sent for a reasonable time in compliance with the Law. The aforementioned documentation will be accessible to the Seller's employees who need to consult it in relation to their duties, for the correct execution of the contractual conditions. The documentation will also be accessible to third parties for the sole purpose of executing the conditions, in addition to those legitimated by the law.
INFORMATION ON PRODUCTS
The information and characteristics relating to the Products are available on the Site: any additional information to what is available there will be met at the specific request of the Customer, by sending a communication to the e-mail address email@example.com. The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description 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 and size. In the event of a difference between the image and the written product sheet, the description of the product sheet always prevails. In the case of packaged products, the manufacturer is also responsible for the truthfulness and completeness of the information on the packaging.
The price of the products is understood to be inclusive of all taxes and duties. All prices are expressed in Euros. Shipping costs are charged to the customer, except for any promotions and available on the shipping costs page.
METHOD OF PAYMENT AND BILLING
The Customer may pay the price of the Products and the related delivery costs by credit card, PayPal, prepaid cards.
TRANSPORT AND DELIVERY
The Products purchased on the Site will be delivered to the address indicated by the Customer. In any case, the Customer has the right to request the delivery of the products to a natural person of his choice by entering the data where he intends to deliver the purchased goods. At the time of delivery, the signature of an adult over 18 years of age will be required.
No deliveries will be made to post office boxes. For each order placed on the Site, the Seller issues an invoice for the goods shipped, sending it by e-mail to the holder of the order, pursuant to Presidential Decree 445/2000 and Legislative Decree 52/2004. For the issuance of the invoice, the information provided by the Customer at the time of the order is valid. No change in the invoice will be possible after the issuance of the same. Delivery costs are charged to the Customer and are clearly highlighted on the Site and in the order form.
Shipments can be made with different couriers depending on the country of destination in order to ensure the customer the best available rate and will be carried out from Monday to Friday, excluding holidays and national holidays. The Seller is not responsible for any delays. The Seller will send the Customer a confirmation e-mail once the Products have been shipped, in which the shipment number will be specified, through which it will be possible to view, after entering the courier's website, the status of the shipment.
In any case, except in cases of force majeure or unforeseeable circumstances, in accordance with the Consumer Code (Article 61 of Legislative Decree 206/2005), the Products will be delivered within a maximum period of 60 (sixty) days from the day subsequent to the one in which the Customer sent the order to the Seller, unless the same communicates - within the same term, by e-mail - the impossibility of delivering the ordered goods following the unavailability, even temporary, of the Products. In the event of such communication, the Seller will refund any sums already paid by the Customer for the payment of the supply.
In the event that, following the Seller's communication of a delay in the delivery date, the Customer wishes to cancel the Order, any amount already paid by the same will be refunded as soon as possible, and in any case no later than 14 (fourteen ) working days from the day following that on which the Customer sent the order to the Seller. For the delivery of the goods, the presence of the Customer or his representative at the address of the recipient indicated in the order is required. Upon delivery of the goods by the Courier, the Customer is required to check that the number of packages delivered corresponds to what is indicated in the transport document and that the package is intact or not altered. Any damage to the package and/or the Products or the mismatch in the number of packages must be immediately notified by means of a written control reserve on the Courier's proof of delivery. Once the Courier's document has been signed, the Customer will not be able to make any objection about the external characteristics of the package delivered.
RIGHT OF WITHDRAWAL. EXCLUSION.
Pursuant to art. 59 of Legislative Decree 206/2005 the customer, consumer, or natural person acting outside his profession, has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty. To exercise this right, the customer must send the Seller a communication within 14 working days from the date of receipt of the goods
This communication must be sent by email to firstname.lastname@example.org or by registered letter with return receipt, addressed to Via Nazionale Frentana n.93, 66010 - Lama dei Peligni (CH) Abruzzo, Italy. In this case, the notice of withdrawal will be deemed to have been made on the day the registered letter is sent by post. Once the communication has been received, the Seller will open a file for the management of the return and communicate to the Customer the instructions on how to return the Products which must be sent to our warehouses within 14 days of authorization.
The customer must return the product intact, intact, and in perfect condition and must comply with all the necessary precautions to preserve the product in his possession and keep it at his expense in its original packaging, sending it to the Seller within three (3) days of operation. the right of withdrawal, ensuring the correct delivery of the same. The Seller reimburses all payments received from the consumer in any case within fourteen (14) days from the day he is informed of the consumer's decision to withdraw from the contract, by means of a reversal of the amount charged to the credit card or by bank transfer. In the latter case, it will be the customer's responsibility to provide the bank details on which to obtain the reimbursement (ABI Code - CAB - Current Account of the invoice holder).
The right of withdrawal is subject to the following conditions:
The law applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the purchased product.
By law, the shipping costs for returning the goods are charged to the customer.
Shipping is under the full responsibility of the customer.
The Seller is not responsible in any way for damage or theft/loss of goods returned by uninsured shipments.
In case of damage to the goods during transport, the Seller will notify the customer of the incident (within 5 working days from receipt of the goods in their warehouses), to allow him to file a complaint against the courier he has chosen and obtain a refund of the value of the asset (if insured). In this case, the product will be made available to the customer for its return at the same time as canceling the request for withdrawal.
In the absence of the aforementioned conditions, the right of withdrawal will not apply and the Seller's right to compensation for damage will be reserved, in addition to the payment of the product price. The right of withdrawal is totally lost, for lack of the essential condition of integrity of the goods (packaging and/or its contents), in cases where the Seller ascertains:
to. The lack of the external packaging and/or wrapping containing the purchased product;
b. Damage to the product for reasons other than its transport, pursuant to art. 57 of Legislative Decree 206/2005, according to which the customer is solely responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics, and functioning of the goods.
Pursuant to art. 47 paragraph 1 letter. l) and art. 59 Legislative Decree 206/2005 the right of withdrawal is in any case excluded in the supply of food products that risk deteriorating or expire rapidly and that are not suitable to be returned for hygienic reasons or connected to the protection of health and have been open after delivery.
In accordance with art. 62 L. 27/2012 perishable food products are products that fall into one of the following categories: a) prepackaged agricultural, fish and food products that have an expiration date or a minimum conservation term not exceeding sixty days; b) bulk agricultural, fish and food products, including herbs and aromatic plants, even if placed in a protective wrapping or refrigerated, not subjected to treatments aimed at prolonging their durability for a period exceeding sixty days; c) meat products with the following Physico-chemical characteristics: aW greater than 0.95 and a pH greater than 5.2 or aW greater than 0.91 or a pH greater than or equal to 4.5; d) all types of milk. In the event of inapplicability or forfeiture of the right of withdrawal, the Seller will return the purchased good to the sender, charging the shipping costs to the sender.
WARRANTY AND CONFORMITY DEFECTS
In case of lack of conformity of Products, the Customer must immediately contact the Seller, by sending a communication to the mailbox email@example.com. The legal guarantees provided for in articles 129, 130, and 132 of Legislative Decree 205/2006 apply to the sale of the Products.
The Customer has the right, at his choice and provided that the type of Product allows it, to restore, without charge, the conformity of the Product by repair or replacement, or to an adequate price reduction or termination of the contract. The Customer loses these rights if he does not report the lack of conformity to the Seller within two months from the date on which he discovered the defect, provided that it is not a Product which by its nature is perishable or subject to expiration within a period. shorter, in which case the defect must be reported within this shortened term.
ERRORS AND LIMITATIONS OF LIABILITY
The Seller guarantees the sale of products equal to those indicated and described on the Site. 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 the Seller cannot, therefore, be held responsible, except in the case of willful misconduct or gross negligence.
The Seller reserves the right to correct errors, inaccuracies, or omissions even after an order has been sent, or to change or update information at any time without prior notice, without prejudice to the Customer's rights under these Conditions. Generali and the Consumer Code.
Except for willful misconduct or gross negligence, any right of the Customer to compensation for damages or the recognition of compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, caused by the non-acceptance or evasion, even partial. , of an order. Pursuant to the Consumer Code, the person responsible for the damage caused by product defects is the manufacturer.
Any complaint must be sent to the Seller by sending a communication to firstname.lastname@example.org or by registered letter with return receipt to the following address: Via Nazionale Frentana n.93, 66010 - Lama dei Peligni (CH). Abruzzo. Italy.
The Seller will process the Customer's personal data in compliance with art. 13 Legislative Decree 196/2003 on privacy as specified in detail in the information.
APPLICABLE LAW AND JURISDICTION
The sales contract between the Customer and the Seller is concluded in Italy and governed by Italian law. For the solution 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 town of residence or of domicile if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusive that of the Court of CHIETI, any other competent court excluded.