Term & Conditions
Conditions of use and general conditions of sale on the website www.italiafoodmarket.com
(These general terms/conditions can be printed or archived by the customer).
The website www.italiafoodmarket.com, the goods and services indicated on the website www.italiafoodmarket.com are object of these clauses/contidions of use and general contidions of sale are owned by Fritto-Gusto., as a company with registered office in Utrecht, Nat King Colestraat 30 – 3542 EL.
Fritto-Gusto is registered with the KVK Chamber of Commerce in Utrecht with VAT number NL003215023B63, and registration number with the KVK Chamber of Commerce – 77621689, telephone +31 682180977, E-mail address: firstname.lastname@example.org.
A) CONDITIONS OF USE
2) Site content and services
Fritto-Gusto endeavors to ensure the functionality of the website www.italiafoodmarket.com (hereinafter also referred to as “site”) and all services provided through the site itself; By using the site and / or these services, you will also be required to comply with the rules of use of these services, possibly additional and supplementing the following.
3) Collection of personal data
By using the website www.italiafoodmarket.com and / or the services provided by it, or by sending us emails or otherwise, you communicate with Fritto-Gusto and allow Fritto-Gusto to communicate with you in various ways (for example via SMS – text messages- , email etc).
Without prejudice to the application of mandatory rules, for the purposes referred to in this contract, you agree to receive communications from Fritto-Gusto in electronic form and which fully integrate the requirement of written form where required by current provisions.
The Data Controller of your personal data is Fritto-Gusto., In the person of the legal representative; by writing to the following address email@example.com you can, at any time, request information on the processing of your personal data, obtain the updating, correction or integration of the same, as well as the cancellation, transformation into anonymous form or blocking of data if processed in violation of the law, oppose the processing according to the provisions of the European law GDPR (EU) 2016/679, by sending a communication to the email address mentioned above.
4) Ownership of the site
The site is in exclusive property of Fritto-Gusto, as are the services related to the use of the site (such as the points and promotions program), therefore the customer and / or buyer is obliged to exclusively personal use; It is forbidden to use it for commercial purposes and / or that may cause damage / prejudice or prove to be in contrast / illegitimate with respect to the interests, including economic ones, pursued by Fritto-Gusto.
Brand identity and website graphics are owned by Fritto-Gusto
Unless otherwise expressed in writing by Fritto-Gusto, which can be revoked at any time, none of the contents of the site can be used except as part of the site itself, nor can it be transmitted, distributed or otherwise exploited in any way; however, if the Site is configured to allow the download of particular content, you will be able to download a copy of such content on a single computer or mobile device (depending on the case), for exclusive personal and private use and without commercial purposes, without: make changes, rent, lease, loan, exchange, sell, distribute, copy (save the reproduction of a single copy of the contents for personal back-up purposes), and / or without creating any based work, in whole or in part, on the site or content. In particular, the user may not copy, disclose the “Fritto-Gusto Program”, or re-propose or otherwise use its contents (outside the purposes indicated in the same program), modify its contents or perform any other activity on this program in absence of express written authorization from Fritto-Gusto, as the “Fritto-Gusto Program” was conceived and created by Fritto-Gusto.
The transfer of the contents to another computer or mobile device is prohibited outside the provisions of the law and, obviously, the commercial use of the same.
5) Account and responsibility of the user of the site
To use the site and / or its contents, you will be required to create an account with the obligation to provide truthful, accurate, current and complete information as well as to update it in case of change.
The use of the site and related services is allowed only to the adult user.
By using the site and related services, you agree not to pretend to be another person, not to declare falsehood on any circumstance concerning your identity as a user of the site, your account and / or password.
You will be required to promptly notify by email at firstname.lastname@example.org of your username, password or other information relating to your account, or any other breach of security you may be aware of to have encountered, which concerns the site or aspects connected to it.
When you use the site, by typing your username and / or password, or any other data relating to your person, you accept and declare full ownership and availability of the information and content data provided to Fritto-Gusto. and that their eventual use by the company will not violate any third-party rights or any current legislation.
For these reasons, you are committed as of now to keep Fritto-Gusto unharmed. from all requests arising from the content (s) provided by you; Fritto-Gusto. has the right, but has no obligation to monitor, edit or remove any activity or content and assume no responsibility for any content posted by you or any third party.
In addition to the above, you will be responsible for maintaining and safeguarding the confidentiality of the username, password and account, assuming responsibility for any content, information, comment or activity carried out through your / your account both towards Fritto-Gusto. , also towards third parties.
The data and information published on the site are considered strictly reserved and confidential.
It is forbidden for anyone who uses the site to spread viruses or other harmful components, or tamper with, compromise, otherwise damage the site or the connected networks, or otherwise interfere with the use or enjoyment of the site by others users. Fritto-Gusto. reserves as of now the unquestionable right to suspend or block your account and the possibility to use the site or part of it, if the conditions of use or special terms relating to a particular service offered through the site are not respected o for having violated the current legislation on copyright, confidentiality, correctness and good faith (or other civil, fiscal or criminal law provisions in force) or for having provided for the unauthorized dissemination of the material (even in part) of the site, or for having conduct that is contrary to public order, morality or good taste.
6) Contents and limitation / exclusion of liability
Fritto-Gusto. conforms to the standards of correctness, good faith and diligence required by the provisions in force.
Where within the site www.italiafoodmarket.com there are links to other sites, Fritto-Gusto does not guarantee that such data, information and / or contents are correct, complete, reliable, updated or free of errors, not being the sites, other than www.italiafoodmarket.com, controlled by Fritto-Gusto.
As of now, Fritto-Gusto is exempt from any liability for the unavailability of such external sites and / or for the content, advertisements, products or other materials present or available on such sites or sources.
The products listed on the website www.italiafoodmarket.com and the contents therein on the same site are provided “as is” and without warranties of any kind, either express or implied.
The presence and / or availability of a product / document on the site does not mean that the information contained therein has not been modified or replaced by subsequent events or by a document published subsequently.
Fritto-Gusto. may suspend the connection to the site temporarily or permanently due to force majeure (such as, for example, failure to supply electricity, natural disasters, public order or other) or for violation by the user of the site of any conditions of use or general conditions of sale or for violations relating to civil and / or penal and / or tax regulations committed by the user of the site or, finally, for maintenance, improvement, implementation of the site. In such cases, Fritto-Gusto. no refund and / or direct and / or indirect compensation will be paid to the user of the site.
7) Communications of changes / additions / deletions of site content
Where the variations are due to a change / integration of the current legislation, the changes will take effect from the date required by the new legislative and / or regulatory and / or ministerial and / or other provisions.
Apart from the hypothesis described above, the changes will take effect, becoming binding for the contractual parties (supplier and consumer / user), starting from the day of the communication of the change or from the publication of the change on the site.
In case of non-acceptance of the communicated or published variation, you will have the right to cancel your account.
8) Data update by the user of the site
The user of the site or consumer or customer is solely responsible for updating their data, including the email address; if a communication could not reach the email address indicated for reasons attributable to the user (such as failure to update the email address) or for any other reason that prevents delivery, the sending of emails made by Fritto-Gusto. to the last address provided by you will be equivalent to the correct and effective communication of changes / additions / cancellations.
9) Security within the site
The procedures and security measures adopted within the Site comply with the provisions of the IT security regulations, concerning in particular the verification of the origin, integrity, uniqueness and non-modifiability of the origin and confidentiality of the contents / documents published on the Site.
Any fraudulent, offensive or otherwise illegal / unlawful / defaulting or illegitimate activity carried out by you in relation to the civil law, criminal tax law and / or the aforementioned conditions of use constitutes a reason for blocking your account and may be reported to the competent authorities.
The commission on your part of one or more violations indicated above and the inactivity of Fritto-Gusto. towards you, it will not entail the acquiescence of Fritto-Gusto. your behavior or waiver of the supplier to assert its rights and remedies in the same or other situation of violation (of the rules indicated above), except for the expiry of the prescription.
11) Final provisions
B) GENERAL CONDITIONS OF SALE – OFFER TO THE PUBLIC
The expression “e-commerce contract” means the contract concerning goods and / or services stipulated between the supplier or the manager of the e-commerce site and the customer, also a consumer, in the context of a remote sales system, organized by the supplier, who exclusively uses one or more telematic communication techniques for this contract.
The term “buyer” means the customer (VAT taxable person), a consumer who is a natural person who makes the purchase for purposes not related to any commercial or professional activity carried out.
The term “supplier” or manager of the e-commerce site means the person indicated in the epigraph, Fritto-Gusto., who sells the goods / provides the services listed on the website www.italiafoodmarket.com.
2) Object of the contract
Through this e-commerce contract, the supplier sells and the buyer remotely purchases, via telematic tools, the tangible movable goods and services that are listed on the website www.italiafoodmarket.com. The aforementioned goods and services referred to in the preceding point are available on the web page www.italiafoodmarket.com which contains the catalog of the goods and services offered. This contract is valid only for purchases and deliveries made on European territory
3) Phases for the conclusion of the contract
The sales contract between the buyer and seller is concluded exclusively electronically; the buyer must formalize their acceptance for the purchase of goods / services provided by the site as follows:
– register on the site, creating your own account (with username and password);
– fill in the form attached to the online electronic catalog at www.italiafoodmarket.com containing the acceptance form and consent to purchase, expressed through adhesion;
– send the form, after viewing a web page summarizing the order, printable, which shows the details of the purchaser and the order, the price of the products purchased, the shipping costs and any additional accessory charges, the methods and terms of payment, the address where the goods will be delivered, the delivery times and the existence of any right of withdrawal;
– when the supplier receives the acceptance of the order from the buyer, he/she sends an e-mail confirmation or the display of a web page of confirmation and summary of the order, printable, which also contains the data recalled from the previous point;
– as soon as payment for the goods / service has been received, the supplier will proceed to issue the related tax document where required by law, except in the case of cash on delivery where it will be issued at the time of shipment;
– in the event that the buyer wishes to receive an invoice, he/she will notify the supplier when completing the order, providing the data relating to his / her tax code and code / VAT number / VAT
This contract will not be considered finalized, therefore, ineffective, if what is reported in the previous points is missing.
As soon as your product is delivered to the carrier, Fritto-Gusto. will send you an email with the link to track your shipment online.
In the case of food products to be transported at a controlled temperature (for example ATMs.), the purchaser will be obliged to verify that the maximum number of hours / days between the delivery of the food product to the carrier (time detectable from the Fritto-Gusto email) and the delivery of the same food item to the buyer (or person / body / company / structure delegated by the same to receive), is not more than the number of hours / days certified and always indicated by the aforementioned Fritto-Gusto email ., suitable to maintain the preservation of the food during transport at a controlled temperature (cold chain maintenance).
4) Obligation of the purchaser to verify the labeling and the present indications.
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 fully representative of its characteristics and quality but may differ for some exceptions in color and size. In the event of a difference between the image and the written product sheet, the title and description of the product sheet always prevails
Therefore, the buyer is invited and obliged to carefully examine the physical goods materially received-delivered, especially with regard to the indications on labeling (ingredients, allergens, origin, expiry date, weight, format, etc.) and any other element that has proved decisive in the purchase choice of the asset, made by the buyer.
The buyer is invited to accept the goods delivered by the carrier with reserve, that is by declaring verbatim to the carrier “I accept the goods delivered with reserve”, signing the delivery of the goods and demanding written indication of reports addressed to the carrier on the presence of dents and / or on the different number of packages and / or on the partial opening of the package or any other obvious and evident damage on the delivered product.
Failing this, the buyer will lose the right to replacement and / or repair and / or refund and / or termination of the contract. This will enable Fritto-Gusto. to request damages resulting from incorrect transport directly to the carrier (for example in the event of a carrier accident with damage to the packaging of the delivered product). The products are placed on the Site in indicative sizes and weights. The actual weight is determined only when the product is prepared and may vary up to 10% more or less than what is proposed on the Site, while the price remains unchanged. As for the indication of the country of origin or of breeding / slaughtering of the products, for some types of products (eg ATM) at the time of purchase the country of origin of the product will be indicated, while for meat the country in which the animal was raised and slaughtered. However, in consideration of the type of products and the methods of placing the order – in advance of delivery – it is not always possible to guarantee that the country of origin or of breeding and slaughtering indicated at the time of the order are those available on the day of delivery. . If the delivered product does not correspond to the purchased one, due to unavailability of the product with country of origin or breeding indicated at the time of the order, you could be delivered a product of equivalent quality with different country of origin or breeding, or you can activate the return procedure for non-compliance (where required by mandatory legislation). The alternative countries of origin or breeding will always be clearly indicated at the time the order is placed and the price of the product will remain unchanged regardless of the country of origin or breeding.
5) Physical good delivered not compliant with the ordered-purchased good – Return procedure
Where required by mandatory legislation, if the consumer detects a lack of conformity of the goods received, he is requested to immediately notify the seller by email, by writing to email@example.com (no later 7 days from the discovery of the defect);
To assert the legal action, you are asked to attach photos of damaged or non-compliant products / goods to facilitate the resolution of the problem.
Despite the diligence and correctness of the seller / supplier, in the event of a lack of non-conformity (communicated to the supplier in the manner described above), the supplier him/her-self undertakes to collect the non-compliant goods at his own expense and will carry out the appropriate checks on the same.
If Fritto-Gusto detects the defect / lack of conformity of the product, we apologize for the misunderstanding that has occurred and will endeavor without delay to remedy the situation, in accordance with current legislation.
The mere variation of the graphic design of the product does not constitute a lack of conformity and / or defect of the product, being a right of the manufacturer.
In general, the low value of the non-compliant (food or non-compliant) good will allow the consumer to obtain alternatively: 1) or reimbursement of the price incurred for the purchase of the non-compliant product; 2) or the recognition of a shopping voucher, equal to the value of the non-compliant goods, to be used in future purchases within the following three hundred and sixty-five days from the date of communication of the defect; 3) or, if it is not excessively burdensome for the seller (also in relation to transport costs, labor costs, etc.) and feasible based on the product purchased, the repair or replacement of the non-compliant goods.
6) Methods of payment
Any payment for goods and services purchased by the buyer can only be made using the methods indicated on the appropriate page of the supplier’s website. The use of the payment methods indicated above may lead to the charge of additional expenses to the buyer only in the case and to the same extent that these costs must be borne by the supplier (in relation to the means of payment used by the buyer). Before submitting the purchase order, the costs referred to in the previous paragraph will in any case be made available. For reasons of correctness and transparency, it is specified that the payment of the good or service by bank transfer determines the crediting of the amount with one or two days delay with respect to the date of the operation, as there are technical times for debiting and crediting currency; therefore the supplier will only process the order once the credit has been made.
7) Refund method
Any reimbursement to the buyer will be credited through one of the methods proposed by the supplier and the buyer’s choice (with the exception of cash on delivery) or the least expensive and onerous method for the supplier; Refunds will be made in a timely manner and in the event of exercising the right of withdrawal, at the latest within 14 (fourteen) days from the date on which the supplier became aware of the withdrawal. The supplier may withhold the refund until receipt of the returned product or until the buyer has provided proof of having returned it, depending on which situation occurs first.
8) Shipping (Times and Costs)
The delivery costs will be indicated to the buyer before sending the purchase order. The supplier will deliver the non-fresh movable goods ordered and purchased by the buyer via DHL courier – with tracking, generally within 4 (four) working days from the date of receipt of payment. Purchases concluded and related payments received by Fritto-Gusto by 10.30 of any working day will be processed by on the same day of receipt; If you purchase at least one product to be transported marked with the “Sped. Controlled ”, the shipment can never take place on the day before a holiday AND / OR PREFESTIVE and will be postponed to the first working day. The goods are considered correctly delivered by Fritto-Gusto, both if they are sent directly to the buyer or to a person delegated by the same, and if they are delivered to a structure indicated by the buyer for receipt, by way of example and not exhaustive drop off structures. With the delivery of the goods in the manner indicated above, the supplier is no longer responsible for damage and / or deterioration and / or other damage suffered by the goods after delivery. We recommend that you group your items in one order. It is not possible for us to group two distinct orders placed separately, therefore shipping costs will be charged for each of them. The boxes are double-wave, have adequately large dimensions and your items will be well protected.
9) Shipping of fresh food products
Orders placed on the website www.italiafoodmarket.com that include at least one ATM product (Ready to eat) are shipped with refrigerated carriers specialized in the delivery of food products. These carriers, being refrigerated, guarantee the maintenance of the cold chain (0-4 ° C) until the moment the order is delivered to the Customer, regardless of the duration of the delivery trip or the outside temperature. Thanks to the refrigerated carriers, Fritto-Gusto allows even disadvantaged or difficult-to-reach areas to receive fresh products without risk of damage or deterioration of the products.
All sales prices of the products displayed and indicated on the website www.italiafoodmarket.com are expressed in euros. The prices already include VAT and any other tax; the shipping costs and any additional charges, if any, even if not included in the purchase prices will be indicated and calculated by the supplier in the purchase procedure before placing the order by the buyer and also contained in the summary web page of the placed order. The prices indicated for each of the goods offered to the public are constantly updated on the website www.italiafoodmarket.com to which reference should be made to determine their validity or variation.
11) Availability of products
The supplier ensures through the electronic system the use, processing and fulfillment of orders without delay. Otherwise, the supplier will contact the buyer to inform him/her of the delay, seeking the best possible solution by listening to the needs of the buyer. However, there may be some technical times necessary to align / update the online catalog with the availability of the warehouse, such that, even in very rare cases, there could be a discrepancy between the actual availability of the product and the content of the site. , a circumstance which cannot currently be overcome based on the common rules of experience, diligence and correctness and the technical knowledge employed by the ordinary professional in the sector. The supplier’s computer system confirms the successful registration of the order as soon as possible by forwarding it to the user by e-mail.
12) Limitation of Liability
The supplier assumes no responsibility for inefficiencies attributable to force majeure if it fails to execute the order within the time stipulated in the contract.
The supplier cannot be held liable to the purchaser, except in cases of willful misconduct or gross negligence, for disservice or malfunction of the Internet network beyond its own control or that of its sub-suppliers.
Furthermore, the supplier will not be liable for damages, losses and costs suffered by the buyer as a result of the non-execution of the contract for reasons not attributable to him/her, since the buyer is only entitled to a full refund of the price paid and any additional charges incurred. .
The supplier assumes no responsibility for any fraudulent and / or illegal use that may be made by third parties of credit cards and other means of payment, upon payment of the products purchased, since from now on declares that it undertakes to adopt all possible precautions based on the ordinary diligence of the sector operator.
In no case can the buyer be held responsible for delay or misunderstandings in payment if he proves that he/she has made the payment in the times and methods indicated by the supplier.
Unless otherwise specified, the supplier assumes no responsibility for any damage (of any nature) suffered by the buyer or by other subjects for having consumed / ingested food products requiring transport at controlled temperatures, if the buyer, or the person / body / company / structure delegated to receive the goods, has alternatively or ascertained that the transport phase of the goods has lasted beyond the maximum number of hours / days certified and indicated by Fritto-Gusto by email or has totally or partially failed to carry out such verification.
For food products that can be transported at a controlled temperature, it is the sole responsibility of the buyer (or of the person / body / company / structure delegated to receive the goods) to check the hours / days elapsed from the delivery of the goods to the carrier to the physical delivery of the goods to the buyer himself or his/her delegate.
In the event that the goods can arrive to the buyer not suitable for consumption, it is forbidden to consume the food product in question and it is the contractual obligation of the buyer to notify Fritto-Gusto by email, which will collect the food product at own expenses and to carry out the checks deemed appropriate; the procedure for the withdrawal of the goods, verification of the same and any subsequent reimbursement of the price or recognition of a shopping voucher indicated in 5) and 7) will then be implemented.
13) Fault of the injured party – art. 122 consumer code
In the event of a culpable act of the injured party and / or the buyer, the compensation is assessed according to the provisions of European law for the e-commerce sector. Compensation is not due when the injured party and / or the buyer has been aware of the product defect and the resulting danger and nevertheless has voluntarily exposed himself to it. In the event of damage to what, the fault of the owner of this is equated with the fault of the injured party.
14) Liability for defects, proof of damage and compensable damages: the obligations of the supplier
The supplier is responsible for the damage caused by defects in the sold goods, if he/she fails to communicate, even by email, to the injured party within three months of the request, the identity and address of the manufacturer or the person who supplied him/her with the goods. .
The damage request by the injured party must be made in writing by registered letter with return receipt (at the registered office of Fritto-Gusto.) And must indicate the product that caused the damage, the place and the date of purchase (with the related documentation e.g. receipt or invoice). It must also contain the offer in view of the product, if it still exists.
The supplier cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product to an imperative legal rule or to a binding provision or if the state of scientific and technical knowledge at the time in which the manufacturer put into circulation of the product did not yet allow to consider the product as defective.
In any case, the injured party must prove the defect of the food product, the damage and the causal connection between defect and damage.
The lack of conformity between the ordered / purchased good and the received good excludes the responsibility of Fritto-Gusto for damages (of any nature) deriving from the consumption or use of the good itself, in the case of a discrepancy and / or defect and / or apparent defect, that is detectable with the normal diligence of the average man (who uses the e-commerce channel), through a comparison between the physical good received and the ordered-purchased good.
15) Warranty and assistance methods
The supplier, where required by mandatory current legislation, also in consideration of the nature of the goods, is liable for any lack of conformity that occurs within two years of delivery of the goods, unless an earlier expiry date is indicated. For the purposes of this contract, it is assumed that consumer goods comply with the contract if, where relevant, the following circumstances coexist: a) they are suitable for the use for which goods of the same type are normally used; b) they conform to the description made by the seller and possess the qualities of the goods that the seller has presented to the consumer as a sample or model; c) present the usual performance quality of a good of the same type that the consumer can reasonably expect taking into account the nature of the good and, where appropriate, the public statements on the specific characteristics of the goods made in this regard by the seller, the producer or the its agent or representative, in particular in advertising or on labeling; d) they are also suitable for the particular use desired by the consumer who has been brought to the attention of the seller by the latter at the time of the conclusion of the contract and which the seller has also accepted for conclusive facts.
Always where the nature of the goods allows it and is provided for by mandatory legislation, the buyer loses all rights if he does not report the lack of conformity to the seller within two months from the date on which the defect was discovered (except for expiry dates anterior); the complaint is not necessary if the seller has recognized the existence of the defect or has concealed it.
In the event of a lack of conformity, the buyer will be able to obtain without charge what is already indicated in art. 5) of this contract.
The request must be received in writing by registered letter with return receipt (to the operational headquarters of Fritto-Gusto.) Or by email at firstname.lastname@example.org confirming the request within 48 hours by registered mail a / r.
The supplier will indicate its willingness to proceed with the request or the reasons that prevent it from doing so, within seven working days of receiving the same communication.
The collection of the goods will take place by Fritto-Gusto, without any charge or expense for the buyer, if obviously the supplier accepts the guarantee and / or assistance request, with an indication of the methods and times for collecting the goods.
It will be the buyer’s responsibility and responsibility to allow the seller to physically collect the goods according to the collection methods applied by the shipper; otherwise, the guarantee cannot be considered effective due to the purchaser’s negligent conduct.
16) Obligations of the buyer
The buyer undertakes to read and accept these general conditions of sale.
The buyer undertakes to pay the price of the purchased goods within the time and manner indicated in the contract.
The buyer undertakes, once the online purchase procedure has been completed, to print and keep this contract if he deems it necessary.
The buyer undertakes to update their data in order to ensure the correct conclusion of the contract.
The buyer declares, with the conclusion of the contract, that he/she has read and accepted the general terms / conditions of sale, as well as the conditions of use, also acknowledging them as a conclusive fact, as this step is made mandatory before confirmation purchase.
17) Right of withdrawal and return procedure
The right of withdrawal is excluded from the legislation of the consumer code in mandatory cases and in particular
a) service contracts after the complete provision of the service if the execution began with the express agreement of the consumer and with the acceptance of the loss of the right of withdrawal following the full execution of the contract by the professional;
b) the supply of goods or services whose price is linked to fluctuations in the financial market that the professional is not able to control and that may occur during the withdrawal period;
c) the supply of goods made to measure or clearly personalized;
d) the supply of goods that risk deteriorating or expiring rapidly (by way of example and not limited to fresh products, products that require transport at a controlled temperature as it is not possible to guarantee compliance with the cold chain after delivery of the good to the buyer, also resulting in a risk to the health of the buyers following the re-marketing of this food product);
e) the supply of sealed goods which are not suitable for return for hygienic reasons or related to health protection and have been opened after delivery;
f) the supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods;
g) the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, whose delivery can only take place after thirty days and whose actual value depends on fluctuations on the market that cannot be controlled by the company ;
h) contracts in which the consumer has specifically requested a visit by the professional for the purpose of carrying out urgent repair or maintenance work. If, on the occasion of such visit, the trader provides services in addition to those specifically requested by the consumer or goods other than spare parts necessary to carry out maintenance or repairs, the right of withdrawal applies to such additional services or goods;
i) the supply of sealed audio or video recordings or sealed computer software which have been unsealed after delivery;
l) the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications;
m) contracts concluded at a public auction;
n) the provision of accommodation for non-residential purposes, the transport of goods, car rental services, catering services or services relating to leisure activities if the contract provides for a specific date or period of performance;
o) the supply of digital content through a non-material support if the execution began with the express agreement of the consumer and with his acceptance of the fact that in this case he would have lost the right of withdrawal.))
Apart from the hypotheses expressly contemplated above, the buyer has the right to withdraw from the entire contract stipulated without any penalty within the term of 14 calendar days, starting from the day:
a) in the case of the sale of a single good or multiple goods ordered by the consumer in a single order and delivered together “from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the goods. “;
b) in the case of a sales contract relating to multiple goods ordered by the consumer in a single order and delivered separately “from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last good;
c) in the case of a contract relating to the delivery of a good consisting of multiple lots or pieces “from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last lot or piece.
If the consumer exercises the right of withdrawal after submitting a request, he is responsible for paying the professional reasonable costs according to European rules and the consumer code.
The buyer will be reimbursed the full purchase price of all the goods purchased, any additional costs incurred and the shipping costs for standard delivery, even if the buyer had chosen, at the time of the conclusion of the contract, a type more expensive shipping than the standard one made available by the supplier.
The costs of returning the goods will also be borne by the buyer; since these are food products and / or goods that by their nature cannot be returned by post, the return must be made by courier to the address indicated above; the costs of returning the goods vary according to the weight and size of the goods to be returned, therefore at the moment it will be possible to establish a range of expenditure between € 20 – € 40. For goods weighing more than 20 kg, it will be necessary to contact the supplier, by e-mail also by telephone at no. +31 687180977, for a precise quantification of the amount of shipping costs, which will be promptly communicated. The return of the goods must take place within 14 (fourteen) days from the date of communication by the supplier of the withdrawal.
The return of the goods must take place within 14 (fourteen) days from the date of communication by the supplier of the withdrawal. If the returned items show damage or signs of wear deriving from manipulation not necessary to establish the nature and characteristics and functioning of the same, the supplier may withhold from the refund an amount corresponding to their decrease in value. The supplier will refund the price within 14 days of receipt of the notice of withdrawal from the buyer. The supplier may withhold the refund until receipt of the item or until the buyer has provided proof of having returned it, depending on which situation occurs first. With the receipt of the communication with which the buyer communicates the exercise of the right of withdrawal from the entire purchase, the parties to this contract are released from their mutual obligations, without prejudice to the provisions of civil law and the consumer code as well as this article.
18) Causes of resolution
The obligations relating to the obligations of the buyer articles no. 4), 6) and 16) as well as the guarantee of the successful completion of the payment that the buyer makes with the means of payment indicated in article 6), and the obligations assumed by the supplier relating to shipping times are essential, except for what provided for in the next paragraph, so that by express agreement the non-fulfillment of only one of the aforementioned obligations, if not determined by fortuitous event or force majeure, will result in the automatic termination of the contract by law, without the need for a judicial decision, becoming effective and operational between the parties by sending a registered letter with acknowledgment of receipt having the aforementioned content.
It is considered timely evasion of delivery by the supplier, if this is received by the buyer, or by the person / body / company / structure delegated to receive it, up to three working days (following the expiry of the two days generally foreseen for shipping) and upon the occurrence of the situation described there will be no obligations for compensation or compensation or reimbursement for the supplier, therefore it will not be considered a circumstance of non-fulfillment of the shipping obligations by the supplier.
19) Processing of the buyer’s personal data
In addition to what is indicated in article 1) Acceptance of the conditions of use and general conditions of sale and articles 3) and 4) of the conditions of use of the site, which are an integral part of the aforementioned conditions, the following is made explicit to pursuant to Legislative Decree 196/2003.
The supplier protects the personal data of its customers and guarantees that the processing of data complies with the provisions of the privacy legislation referred to in Legislative Decree 30 June 2003 n. 196.
The personal and fiscal data acquired directly or through third parties by the data controller supplier are collected and processed in paper, computerized and telematic form in relation to the processing methods with the aim of registering the order and activating the procedures for the ” execution of this contract and the relative necessary communications in addition to the fulfillment of any legal obligations as well as to allow effective management of commercial relations to the extent necessary to best perform the requested service, such as for example the sending of commercial and advertising communications (Article 24 paragraph 1, letter b), Legislative Decree 196/2003).
The supplier undertakes to treat the data and information transmitted by the buyer confidentially and not to disclose them to unauthorized persons, or to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may only be exhibited upon requests from the judicial authority or other authorities authorized by law.
Personal data will be disclosed, after signing a commitment to confidentiality of the data, only to persons delegated to carry out the activity necessary for the execution of the stipulated contract and communicated exclusively for these purposes.
The buyer has the right to obtain in accordance with European law: “The interested party has the right to obtain confirmation of the existence or not of personal data concerning him/her, even if not yet registered, and their communication in an intelligible form.
The interested party has the right to obtain information on: a) the origin of the personal data; b) of the purposes and methods of the processing; c) the logic applied in case of processing carried out with the aid of electronic tools; d) the identity of the owner, manager and the representative appointed under Article 5, paragraph 2; e) the subjects or categories of subjects to whom the personal data may be communicated or who can learn about them as appointed representative in the territory of the State, managers or agents. 3. The interested party has the right to obtain: a) updating, rectification or, when interested, integration of data; b) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including those that do not need to be kept for the purposes for which the data were collected or subsequently processed; c) the attestation that the operations referred to in letters a) and b) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case in which this fulfillment is proves impossible or involves the use of means that are manifestly disproportionate to the protected right.
4. The interested party has the right to object, in whole or in part: a) for legitimate reasons, to the processing of personal data concerning him/her, even if pertinent to the purpose of the collection; b) to the processing of personal data concerning him/her for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication. ” The exercise of EU rights are exercised with a request addressed without formalities to the owner of the processing of personal data or to the manager (at the company’s operational headquarters in Utrecht, Nat King Colestraat 30 – 3542 EL. ), also through an appointee, to whom appr opriate feedback is provided without delay. The communication of personal data by the purchaser is a necessary condition for the correct and timely execution of this contract, failing which, the purchaser’s request cannot be processed. In any case, the acquired data will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. However, their removal will take place safely. The owner of the collection and processing of personal data is Fritto-Gusto, to which the buyer can direct their requests to the operational headquarters. Anything that reaches the supplier’s e-mail address, including e-mail address, requests and suggestions, ideas, material information etc. will not be considered confidential information or data, must not violate the rights of others and must contain valid information that is not harmful to the rights of others and truthful; in any case, no responsibility for the content of the messages can be attributed to the supplier.
The buyer gives his/her consent to the processing of his/her personal data in accordance with the purposes indicated above; for any further processing purposes, the subject will be asked for an appropriate and specific consent.
20) Method of archiving the contract
The supplier informs the buyer that this contract can be printed or archived on the buyer’s own devices.
Pursuant to European law, the supplier informs the buyer that each order sent is stored in digital form locally and remotely and on paper at the supplier’s headquarters according to confidentiality and security criteria.
21) Communications and complaints
Written communications directed to the supplier and any complaints will be considered valid if sent to the following email address email@example.com or by registered letter with return receipt to Fritto-Gusto., Nat King Colestraat, 30 , 3543 EL Utrecht – NL or sent by email info @italiafoodmarket.com
The supplier will promptly undertake to provide service to complaints within a short period of time, necessary to carry out the required activities.
22) Online resolution of consumer disputes
According to the Consumer Code, the customer can make use of the Joint Conciliation procedure. The Procedure can be initiated if the consumer, after submitting a complaint to the company, within 45 days, has not received a response or has received a response that is not deemed satisfactory by him/her.
The client who decides to make use of the Joint Conciliation procedure is obliged to send a mail to the firstname.lastname@example.org
in the event of a dispute, you can file a complaint via the European Union ODR platform which can be reached at the following link https://ec.europa.eu/consumers/odr/. The ODR platform constitutes an access point for users who wish to settle disputes arising from online sales or service contracts out of court.
1. 23) Jurisdiction
2. The place of residence of the consumer’s elective domicile where provided as a mandatory forum; failing that, the Court of Utrecht will be exclusively competent. You can opt in accordance with Directive 2013/11 / EU implemented by Legislative Decree 6 August 2015, n. 130 to the resolution of disputes through the ODR platform (online dispute resolution) https://ec.europa.eu/odr.
3. This contract is governed by Italian and European law and must be interpreted in accordance with that law.