1- GENERAL SALES CONDITIONS AND THEIR PURPOSE
1.1. These general conditions of sale ("GCS" or "General Conditions of Sale") are aimed at regulating the sale of food products ("Product") through the website www.shop.cesarine.com ("Site") by Home Food S.r.l, with registered office in Bologna, Strada Maggiore 49, Part. VAT and Tax Code 03416251209, Bologna Company Register No. BO-517649, fully paid-up share capital € 22,717.50 (hereinafter also “the Seller” or “Home Food”).
1.2. The Customer who intends to purchase one or more Products through the Site must carefully read and download the following General Conditions of Sale. If the Customer does not intend to accept these General Conditions of Sale or some of the related clauses, he is invited not to use the Site.
1.3. The courses, events, dinners and other types of products offered for sale by Home Food through the site https://cesarine.com/it are not subject to these General Conditions of Sale, but to the specific general conditions of the service and information general information for the User which are contained in the relevant Legal Area section.
1.4. These General Conditions of Sale do not regulate the sale of products by parties other than Home Food that may be present on the Site through links, banners or other hypertext links.
2 - CUSTOMERS OF THE SITE
2.1. The sale of the Products is reserved exclusively to the "Customer", meaning by such a person:
a) qualifying as a "consumer" pursuant to art. 3 of the Legislative Decree 6 September 2005 n. 206 and subsequent amendments and additions ("Code of Consumption ") and that is a natural person who acts for purposes unrelated to the entrepreneurial, commercial, craft or professionally activity carried out;
b) who is over 18 years of age. Home Food does not sell its Products to minors under the age of 18.
2.2. The Customer, when providing the data for registration on the Site or for the purchase of the Products, is aware that he cannot communicate the data of another person without his prior express consent and that no responsibility can be attributed to Home Food in the event that untrue and incorrect information has been provided or the purchase was made by a child under 18 who declared to be of age. The Customer, therefore, assumes any and all responsibility for the correctness and truthfulness of the information provided, including towards any third parties.
3 - PRODUCTS OFFERED FOR SALE ON THE SITE
3.1. The essential characteristics of each Product offered for sale on the Site are presented in each product sheet ("Product Sheet"), together with the illustrative images of the Product itself. The images of the Products may not correspond to the real ones due to the Internet browser, the monitor used or graphic needs and, therefore, must be considered only as indicative of the Product itself.
3.2. Home Food will therefore not be responsible for insubstantial differences between the Product delivered to the Customer and its image and / or description on the Site.
4 - PRICES OF PRODUCTS
4.1. All the prices of the Products indicated on the Site are expressed in Euros and are inclusive of applicable taxes and duties and standard packaging ("Price") with the exclusion of shipping and delivery costs (see Article 5 below).
4.2. The Price may be subject to updates, therefore the Customer, before submitting the Purchase Order, must ascertain the final sale price.
4.3. In fact, before the purchase order is forwarded, the price of each selected product will be summarized, together with the total cost in the event of the purchase of multiple products and the relative delivery costs (all together "Total price").
5 - DELIVERY / SHIPPING COSTS AND SHIPPING COUNTRIES
5.1. The delivery / shipping costs will be calculated at the time of completing the Purchase Order and will depend on the address and country where the delivery of the purchased Products must be made, on the method and timing of delivery chosen by the Customer ("Expenses delivery ").
5.2. The delivery of Products purchased through the Site is carried out exclusively within the territory of the European Union and in Switzerland. Therefore, Customers residing outside the European Union or Switzerland or for deliveries of products outside the European Union or Switzerland will not be able to proceed with the purchase.
6 - PURCHASE PROCEDURE THROUGH THE SITE
6.1. The Customer who intends to proceed with the purchase of the Product through the Site is not obliged to register in advance on the Site. Registering on the Site only facilitates the purchase procedure as some personal data of the Customer such as name, surname, e-mail address have already been entered. mail, necessary to proceed with the purchase. Registration on the Site is free and confirmed by e-mail sent to the address provided by the Customer.
6.2. The Customer, by connecting to the Site for the purpose of the purchase, can:
a) view the Products available for purchase, select them and add them to the cart (the latter being the virtual container, present on the Site, within which the Products selected by the Customer are placed each time before proceeding to their purchase, "Cart");
b) enter or confirm the shipping data, the country of destination and the chosen delivery method;
c) check the Products added to the Cart, the Price, the Delivery Costs and the total price of the shopping;
d) choose the payment method among those available;
e) enter any discount codes;
f) proceed with any changes to the Purchase Order;
g) proceed with sending the Purchase Order by following the instructions on the Site.
6.4. The Purchase Order completed by the Customer in electronic format, transmitted electronically to the Seller ("Purchase Order") will result in the completion of the purchase contract for the Products.
6.5. In case of failure of the payment process, the Purchase Order will be canceled.
6.6. Home Food also reserves the right not to process Purchase Orders from Customers who are not consumers or which provide for the shipment of Products to Countries where the online sale of the Products is not yet operational, as they are carried out in violation of these General conditions of Sale.
6.7. After the conclusion of the purchase contract, the Customer will receive, at the e-mail address indicated, the confirmation of receipt of the Purchase Order and a summary of the same and more specifically:
a) a summary of the General Conditions of Sale as well as the particular conditions applicable to the contract;
b) information relating to the essential characteristics of the Product / Products purchased;
c) the detailed indication: of the Price of the Products, of the Delivery Costs and of the Total Price of the shopping, of the withdrawal (where applicable) and of the delivery date. It is recommended to keep the e-mail received as proof of purchase.
6.8. The Purchase Order will be filed by Home Food for the time necessary to execute it and, in any case, within the terms of the law. To access their Purchase Order, the registered customer can consult the reserved area.
6.9. The language available to customers for the conclusion of the contract is English. Customer Service is able to communicate with Customers in the same language.
7 - METHOD OF PAYMENT
7.1. The payment of the total price indicated can be made by credit card, using the following circuits Visa, Mastercard, Amex, Maestro, also indicated on the Site. In no case will the Customer be charged additional costs in relation to the chosen payment instrument.
7.2. Credit card: To ensure maximum security, the customer will carry out the payment transaction via secure connection and directly to the credit institution that manages the online payment system. The financial information (for example, the credit / debit card number, expiration date, secret code) that the Customer will use for the payment transaction are encrypted and transmitted directly to the payment manager without passing through the mentioned servers. it serves Home Home Food which therefore does not have access to such information nor can it save or archive it.
7.3. The validity of the card could be verified through a pre-authorization for payment. This authorization is not a charge. In any case, the charge on the Customer's card will be made after the card issuing company has authorized the charge that will be subsequent to the order confirmation, except, of course, the Customer's right to re-credit in the event of non-execution of the contract for any reason or cancellation of the Purchase Order.
7.4. The Customer is solely responsible for the data entered, therefore guarantees to use only credit cards for which you have legitimate availability. Home Food is not responsible for any fraudulent or illegal use of credit cards that may be made by third parties upon payment by the Customer of the Products purchased.
7.5. On the other hand, payments for the Products by bank transfer or cash payment on delivery will not be accepted.
7.6. If the customer is resident in the Italian territory and wishes to receive the electronic invoice, he will be required to request it during the purchase process and to provide all the necessary data (eg pec). The invoice issued by Home Food will be sent by e-mail.
8 - SHIPPING AND DELIVERY OF PRODUCTS
8.1. The Product / Products purchased from the Site will be delivered by courier to the address indicated by the Customer in the Purchase Order, according to the delivery times and costs indicated therein. However, it is understood that the shipping and delivery terms indicated are purely indicative and that the products will be delivered at the latest within 30 days from the conclusion of the sales contract, as required by the Consumer Code.
8.2 If the Seller has not fulfilled the delivery obligation within the specified deadline, the Customer invites him to make the delivery within an additional period appropriate to the circumstances. If this additional period granted expires without the delivery having been made, the Customer may terminate the purchase contract, without prejudice to compensation for damage.
8.3. It is up to the Customer to check the condition of the Product delivered, the number of Products received and that the packaging is intact and not damaged even in the closures. We invite the Customer to indicate the carrier's transport document, any anomalies ascertained on delivery, thus accepting the delivery with reserve.
8.4. Home Food will not be responsible for the failure or delay in delivery of the Products resulting from the incorrectness or incompleteness of the data provided by the Customer as well as in the event that the courier delivers late due to a fact attributable to him.
8.5. The Customer is solely responsible for the address provided for the shipment of the Products purchased and, therefore, is always required to verify the address and all the information necessary to allow delivery (eg information on the intercom, any extensions, etc.).
8.6. The Customer acknowledges and accepts that in the event that it is not possible to deliver the Products due to his (or the person in charge of receiving the shopping) non-presence at the time of delivery on the day and in the agreed time slot, he must, at his expense , contact the useful numbers on the notice of passage left by the courier and set a new delivery date.
9 - RIGHT OF WITHDRAWAL AND ITS EXCLUSION
9.1.Exclusion of withdrawal: The right of withdrawal is excluded, pursuant to art. 59 letters d) and e) of the Consumer Code (Legislative Decree 6 September 2005 n.206 and subsequent amendments and additions) in the following cases:
- products that risk deteriorating or expiring rapidly;
- sealed products which cannot be returned for hygienic reasons or related to health protection and which have been opened after delivery.
9.2. With reference to the cases of exclusion of the right of withdrawal listed above, the Customer is informed and accepts that the "products that risk deteriorating or expiring rapidly" include food products for sale on the Site as the characteristics and qualities of these types of products are subject to alteration and deterioration also as a result of inappropriate storage. Therefore, for reasons of hygiene and customer protection, the right of withdrawal is not applicable to Products purchased on the Site.
10 - COMPLAINTS AND RETURN OF NON-CONFORMING OR ALTERED PRODUCTS
10.1. In the event that the Product arrives not intact or obviously damaged or the quantities and / or the type of Product does not correspond to the Purchase Order or in the event of anomalies found on the Product, the Customer must contact the Seller at firstname.lastname@example.org, making a specific report and attaching suitable photographic documentation to prove the lack of quality of the Product.
10.2. Products that do not comply with the Purchase Order in terms of quantity, quality and / or type must be returned to the Seller, according to the terms and methods indicated by the latter, in the same box in which they were received and in any case intact (including the 'possible warranty seal), undamaged, unused or otherwise manipulated and provided with all the original accessories that are part of the Product; failing that, the Price will not be refunded to the Customer.
10.3 Home Food reserves the right to verify the existence of the conditions for reimbursement or replacement once the Products subject to dispute by the Customer have been received. If it is ascertained that the Customer's right to reimbursement exists, it will be made using, without expenses or charges to be paid by the customer and with the same means of payment used for the transaction.
11 - LEGAL PRODUCT WARRANTY
11.1 The Products sold on the Site are covered by a legal guarantee of conformity provided for by art. 128 - 135 of the Consumer Code (Legislative Decree 6 September 2005 n. 206 and subsequent amendments and additions). The warranty covers all conformity defects that appeared within 24 months from the delivery date and the Customer will have the right, at his choice and provided that the type of Product allows it, to be replaced, or to an adequate price reduction or resolution. of the purchase contract.
11.2. The Customer must therefore inform the Seller at email@example.com of the lack of conformity within 2 months from the date of discovery of the defect, unless the Product is subject to expiration in a shorter period and in this case the defect must be reported within the deadline.
12 - MODIFICATIONS AND UPDATES
12.1. The Seller reserves the right to modify, update or supplement the Site and / or these General Conditions of Sale at any time. The Customer who accesses the Site and submits a Purchase Order will adhere to the policies and terms of the General Conditions of Sale from time to time in force at the time the Purchase Order is placed, unless any changes have retroactive effect. under the applicable law.
12.2. If the Customer does not agree with the changes made to the General Conditions of Sale, the same is invited not to use the Site and, in the case of a registered Customer, he can proceed with the cancellation of his account, by accessing his profile and clicking on "Request the cancellation of personal data ".
12.3. If any provision of these General Conditions of Sale is deemed invalid, null or for any reason unenforceable, this condition will in any case not affect the validity and effectiveness of the other provisions.
13 - LIABILITY OF HOME FOOD
13.1. Home Food undertakes to comply with the quality standards relating to the Products exclusively up to the time of delivery at the place indicated by the Customer; any liability relating to the poor condition of the Products due to improper storage after delivery or at other delivery points authorized by the Customer is excluded.
13.2. Home Food assumes no responsibility for inefficiencies attributable to force majeure such as, by way of example, accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events that prevented, in whole or in part, execute the contract within the agreed time and will not be liable to any party or third party for damages, losses and costs incurred as a result of the non-execution of the contract for the reasons mentioned above, except for the refund of the price paid.
13.3. Home Food is not responsible for any fraudulent or illegal use that may be made by third parties of credit cards, as at no time during the purchase procedure is it able to know the credit card number and financial data.
14 - CUSTOMER SERVICE, ASSISTANCE AND SELLER CONTACT DETAILS
14.1 The Customer may contact the Seller and request any information
by contacting Home via e-mail at firstname.lastname@example.org or via the telephone number + 39 051.220797 available from Monday to Friday from 9.30 to 18.30 (the cost of the call from landline, mobile or from abroad varies based on the mobile operator used), or by writing via the "Customer Service" section in the footer of the Site's home page.
16 - APPLICABLE LAW, JURISDICTION
16.1. Applicable law: These General Conditions of Sale as well as the purchase contract for the Products through the Site is subject to Italian law and in particular by the Consumer Code referred to in Legislative Decree 206/2005 and its subsequent amendments and additions and pursuant to Legislative Decree 70/2003 relating to electronic commerce. The sales contract between the customer and Home Food is concluded in Italy.
16.2. Jurisdiction: For the solution of disputes relating to the interpretation, execution or resolution of these General Conditions of Sale or of the individual product purchase contracts, the court of the municipality of residence or domicile of the Customer will be exclusively competent if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Bologna.
16.3. Conciliation procedure: In the event of disputes between Home Food and the Customer (as a consumer pursuant to art.3 paragraph n.1 letter a Consumer Code) arising from these General Conditions of Sale, we inform you that the European Commission that a European platform has been set up for the online resolution of consumer disputes (the so-called ODR platform).
The ODR platform can be consulted at the following address https://ec.europa.eu/consumers/odr/main/?event=main.home.show. Through the ODR platform, the consumer user will be able to consult the list of ADR bodies, find the link to the site of each of them and start an online resolution procedure for the dispute in which he is involved.
Version of May 18, 2021