Terms And Conditions
(pursuant to Chapter I, title 3, part 3, of Legislative Decree 206/2005 and subsequent amendments and additions)
1. Introduction and effectiveness of the General Conditions
These general conditions of sale (hereinafter “General Conditions”) have as their object the discipline of purchasing products and services, carried out remotely and made available, via the Internet, from the website www.foodshopabruzzo.it (hereinafter , the “Site”) in compliance with the Italian legislation referred to in Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, the “Consumer Code”).
The seller of the products is FOODSHOP ABRUZZO and the owner of the Site is: ALL IN SERVICE di Pigliacelli Luciano, Via Acquaventina 9, 65017 Penne (PE) – ITALY – VAT: IT 01853170676, (hereinafter “FoodShop Abruzzo”).
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 will be available for consultation at any time by the Customer also through the link contained in the confirmation email of each order to allow it to be reproduced and stored.
The contracts concluded with FoodShop Abruzzo through the Site are governed by these General Conditions in compliance with Italian law. The language available to conclude the contract is Italian.
2. Choose and order the Products
The characteristics and the price 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 on the Site. The Customer must add the Product to the “Cart” and, after having read the General Conditions and the Policy Privacy and confirmed their acceptance, you must enter the shipping and billing information, select the desired payment method and confirm the order.
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 FoodShop Abruzzo and the Customer must be considered concluded with the acceptance of the order by FoodShop Abruzzo. This acceptance is communicated to the Customer via an order confirmation email containing a reference to these General Conditions, the order number, shipping and billing data, the list of Products ordered with their essential characteristics and the total price, including delivery costs. The Customer will check the confirmation email and if he detects errors in the order he will have 12 hours from receiving this email to contact the Customer Service directly from the Site. After this deadline, the order will be processed for shipping and not changes will be more accepted, without prejudice to the Customer’s rights referred to in article 7 below.
Once the order has been received, FoodShop Abruzzo will check the availability of stocks for the fulfillment of the order. In the event that one or more Products are not available, the FoodShop Abruzzo Customer Service will send timely communication via email to the Customer who, within the following 12 hours, will have the right to reply to confirm the shipment of any further available Products or cancel it. If there is no response within this period, the order will be considered confirmed and the available Products will be shipped. If only a few Products are not in stock, FoodShop Abruzzo will process the order with the available Products. In both cases, the amount relating to the missing Products will be reversed immediately according to the chosen payment method.
3. Product Information
The information and characteristics relating to the Products are available, with the relative Product codes, on the Site.
The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description. 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 its characteristics and quality but may differ in color and size. In case of difference between the image and the written product sheet, the description of the product sheet always prevails.
4. Prices and shipments
The prices of the products are to be considered VAT excluded; the amount of VAT will be specified for each product. All prices are expressed in Euros.
Shipments in Italy:
Throughout Italy, shipping has a variable cost based on weight. Free delivery is not provided unless offers specified on the site.
In other countries outside of Italy, shipping has a variable cost based on weight and destination. Free delivery is not provided unless offers specified on the site.
5. Methods of payment and invoicing
5.1 Payment methods
The Customer can pay the price of the Products and the related delivery costs by PayPal and bank transfer.
PayPal / Credit Card
Once the order is confirmed, the Customer will be redirected to the PayPal site where he can make the payment with his account or using a card, also prepaid, or in any case according to the methods accepted by Paypal and in compliance with the related conditions.
The Customer must make the transfer within 3 days from the order date for orders relating to products and within 1 day from the order date for orders containing events and / or courses. If this does not occur, the order will be canceled and the goods made available again for purchase by other customers. The Customer who has not made the transfer can be contacted by the Customer Service in order to clarify if the cause of the non-credit is due to the Customer’s will not to confirm the purchase or other causes.
Transfer data: c / c: PIGLIACELLI LUCIANO
BANK: UNICREDIT SPA
Reason: the Customer must indicate in the reason for the transfer the date and the order number, which can be found in the confirmation email (eg “Order 01/01/14 n. 100012345”).
5.2 Invoicing of orders
If the purchase is made by a professional, it will be possible to request the issuance of the invoice by selecting the appropriate box during the order process and entering the billing information including the tax code and / or VAT number. In this case, the invoice will be sent by email to the indicated address. The professional is responsible for the correct insertion of the billing information and is expressly informed that, in case of failure to request the invoice during the order, it will not be possible to request it later.
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, “Courier”) from Monday to Friday, excluding holidays and national holidays. FoodShop Abruzzo is not responsible for delays that are unpredictable or not attributable to it.
Once the Products have been shipped, the Customer will receive a confirmation email which will include a link to refer to for tracking the shipment.
In any case, except in cases of force majeure or unforeseeable circumstances, the ordered Products will be delivered within a period of 14 (fourteen) working days from the day following that in which FoodShop Abruzzo confirmed the order to the Customer by means of a specific order confirmation email.
Delivery services active in Italy:
Delivery services active abroad:
Shipments abroad may take place with different couriers depending on the country of destination in order to ensure the best available rate to the customer.
Countries where the service is active: Austria, Belgium, Bulgaria, Croatia, Denmark, France, Germany, Greece, Luxembourg, Holland, Poland, Portugal, United Kingdom, Czech Republic, Romania, Slovakia, Slovenia, Spain, Sweden, Hungary.
7. Right of withdrawal
The Customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, without prejudice to the cases of exclusion provided for in the following point IV. To exercise this right, the Customer must send a communication to FoodShop Abruzzo within 14 days from the date of receipt of the Products using the form downloadable here or, if he intends to exercise the withdrawal before having received the Products, the communication of withdrawal may be sent at any time before they are received.
This communication must be sent by registered letter with return receipt, addressed to:
ALL IN SERVICE
Via Acquaventina, 9
65017 Penne (PE) – ITALY
The FoodShop Abruzzo Customer Service will, once the communication is received, open a procedure for the management of the return and communicate to the Customer the instructions on how to return the Products, which will take place by courier indicated by FoodShop Abruzzo same.
The right of withdrawal is governed by the following conditions:
1. The law applies to the Product purchased in its entirety; therefore, if the Product is composed of several components or parts, it is not possible to exercise the withdrawal only on part of the Product purchased.
2. In case of exercise of the right of withdrawal, FoodShop Abruzzo will refund the customer the full amount of the returned goods, including shipping costs where applicable, within 14 days from the date on which the notice of withdrawal was received, without prejudice to the FoodShop Abruzzo’s right to suspend payment of the refund until the goods are actually received. The refund will be made using the same payment method used by the Customer, unless the latter has expressly requested a different method. In case of bank transfer, the customer will provide the bank details on which to obtain the refund (account holder, name and address of the Bank and IBAN).
III. Also in order to be able to guarantee the free return pursuant to article 8 below, the Products must be returned in the same box in which they were received.
In addition to the cases indicated in the Introduction (non-consumer customer and / or requesting the invoice), the right of withdrawal is excluded in the following cases, pursuant to art. 59 Legislative Decree 21/2014:
- order of products made to measure or clearly personalized;
- order of Products that are liable to deteriorate or expire rapidly;
- order of sealed Products which are not suitable for return for hygienic reasons or related to health protection or which have been opened after delivery.
With reference to the cases of exclusion of the withdrawal listed above, the Customer, in particular, is informed and accepts that among the Products that “risk to deteriorate or expire rapidly” include all Food Products (including wines, spirits and drinks), as the characteristics and qualities of these types of Products are subject to alteration also as a consequence of inappropriate storage. Therefore, for reasons of hygiene and customer protection, the right of withdrawal is applicable only for the Products purchased on the Site that can be returned to FoodShop Abruzzo and put back on the market without endangering the health of consumers.
In cases of exclusion of the right of withdrawal, FoodShop Abruzzo will return the purchased Products to the Customer, charging the shipping costs to the same.
8. Free return in case of exercise of the right of withdrawal
As a more favorable condition for the Customer, FoodShop Abruzzo fully bears the shipping costs for returning the Products in case of exercise of the right of withdrawal.
In order to benefit from this free shipping, the Customer who intends to exercise the right of withdrawal must follow the procedure indicated in the previous article 7 and wait to be contacted by FoodShop Abruzzo to agree on the return of the Products to the courier.
9. Warranty and defects of conformity
In the event of conformity defects of Products sold by FoodShop Abruzzo, the Customer must immediately contact Customer Service using the appropriate contact form accessible on the Site via the “Customer Service” tab.
The legal guarantees provided for in articles 129, 130 and 132 of the Consumer Code 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 reduction of the price or termination of the contract. The Customer forfeits these rights if he does not report the lack of conformity to FoodShop Abruzzo within two months from the date on which he discovered the defect, provided that it is not a Product that by its nature is perishable or subject to expiry in a shorter term, in which case the defect must be reported within this reduced period.
10. Errors and limitations of liability
The information relating to the Products provided through the Site are constantly updated. However, it is not possible to guarantee the complete absence of errors for which FoodShop Abruzzo cannot therefore be held responsible, except in case of willful misconduct or gross negligence.
FoodShop Abruzzo 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 pursuant to of these General Conditions and the Consumer Code.
Except for willful misconduct or gross negligence, any Customer’s right to compensation for damages or the 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 non-acceptance or evasion, even partial , of an order.
FoodShop Abruzzo promotes the responsible consumption of alcohol and excludes any liability, except for willful misconduct or gross negligence, in the case of purchases made by minors under 18 years of age.
Any complaints must be sent to FoodShop Abruzzo using the e-mail address firstname.lastname@example.org or by calling the numbers: +39 085-8278120 active from from Monday to Friday 9:00AM -12:00PM / 4:00PM – 7:00PM excluding holidays, or by registered letter with return receipt to the following address:
All In Service
Via Acquaventina, 9
65017 Penne (PE) – ITALY
FoodShop Abruzzo undertakes to respond to all requests received within a maximum of 7 working days.
12. Online Consumer Dispute Resolution (ODR)
If you are a European consumer, you must be aware that the European Commission has made available to all European residents a tool dedicated to alternative dispute resolution.
13. Applicable law and competent court
The sales contract between the customer and FoodShop Abruzzo is concluded in Italy and regulated by Italian law. 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 within the meaning of the Consumer Code, the court of his municipality of residence or domicile if located in Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Teramo, any other jurisdiction excluded.
Pursuant to article 1341 of the Italian Civil Code the Customer declares to have read and specifically accepted the following articles of these General Conditions: 6 (responsibility for delays in delivery), 10 (right to correct errors – disclaimers).