Terms and Conditions

 

 

  1. 1. General – Scope of Application:

 

Gourmet Italy Srl (VAT: 11687131000, REA Membership Number 1321939/RM, authorized capital € 100,000.00 fully paid, hereinafter "the Company"), with registered office in Rome (00131), 55 via Troilo il Grande, would like to inform the Customer that the relation between the Parties (i.e. the Company and the Customer) regarding the sale of products (hereinafter "the Products") displayed on the website www.gourmetitaly.it (hereinafter “the Website") is governed by the terms and conditions described below.

 

Therefore, these Terms and Conditions of sale are part of any offer, order of purchase, order confirmation or any other transaction of Products on the Website. The updated version of the

General Terms and Conditions can be found on the Website.

 

The Customer is exclusively the Consumer as of Article 3, letter. a), Gov. Decr. n. 206 dated September 6, 2005, (Code of Consumption) and therefore an individual who acts on the Website for purposes not related to their possible business, commercial, craftsmanship or professional activity.

 

 

  1. 2. The Products – Related information:

 

The Customer is aware that they can retrieve information about the essential characteristics of the Products (including prices) on the Website, within each Product tab.

 

 

  1. 3. Products Ordering and Acceptance:

 

The purchase of products takes place only through an order placed by the Customer on the Website (hereinafter also called "the Order").

In particular, the Customer agrees to fill in every section of the electronic order form on the Website, including the information required to identify themselves, the ordered Products and quantity, place of delivery and payment method, and is committed to providing accurate and true information. The Customer is aware that they must send the Order to the Company, electronically, in accordance with specific instructions on the Website.

 

Before purchasing the Products and before sending the Order, the Customer agrees to read

carefully these Terms and Conditions, displayed during the Order registration, expressly declaring to understand and accept them by ticking the special box on the Website. Concretely, The Customer agrees to check the information on the essential characteristics of every ordered product, its price and method of payment, shipping costs for the Products, the right of withdrawal and the time for return of the Products contained in the document and its annexes. The Customer is also informed and has taken notice of the technical procedure of placing an order, by visiting the section of the Website called "Frequently Asked Questions - How to place an order".

 

The Customer is aware that, once the ordering process described above is terminated, they should check the correctness of the entered data and correct any input errors, print and keep the Order and the related Terms and Conditions, or anyway save or reproduce a copy of them. The Order will be filed by the Company with the Website’s database for the time necessary for it to be handled. The Customer may access the Order in the Website section "My Orders".

 

A confirmation of receiving the Order will be sent by the Company to the Customer’s e-mail address indicated while placing the Order. In this message the Company summarizes the Order data, the General Terms and Conditions, the essential characteristics of the ordered Product, the price and payment, delivery costs and method, how to contact the Company, and recalls the conditions of the Customer’s right of withdrawal. This message means that the Company accepts the contract proposed by the Customer through the Order sent over the Website: this means that the contract between the Parties is stipulated.

 

The Company is obliged to promptly notify the Customer by e-mail about Products out of stock, and refund the purchase price, if already paid by the customer.

By submitting the Order, the Customer confirms that they agree with and accept the Terms and Conditions of Sale, and additional information on the Website, including links, like the procedure "How to place an order ", the "Privacy Policy" and the info about "Returns and Refunds".

 

Once the first purchase on the Website is made, as described above, the Customer may, at their discretion, use the "Quick Buy" option that allows to memorize, in a safe manner, the delivery address for Products in order to speed up future purchases, as indicated on the Website during the procedure of ordering.

 

 

  1. 4. Prices of Products – Terms and Conditions of payment:

 

The prices displayed on the Website for each product are in Euro, VAT included, and are valid at the moment the Order is placed.

Shipping costs described in Article 5 are added to the total amount .

In case of delivery of Products in a country other than Italy, the Customer will be charged with duties or taxes, if applicable, imposed by the law of the State of destination.

An invoice document will be issued when shipping the Products to the Customer.

 

The payment methods for Products displayed on the website www.gourmetitaly.it are as follows:

 

- Credit cards Visa and Mastercard

- Paypal

 

Payment by credit card is made using the Moneta Online service, guaranteeing

maximum safety.

Payment information is protected using the most advanced technological and coding systems (SSL).

In particular, the VeriSign certificates ensure the highest level of protection in the electronic commerce.

Using your credit card on the internet is as safe, fast, easy, and reliable as making purchases in traditional stores.

Payments on the website are further guaranteed by the use of the systems Verified by Visa and MasterCard Secure Code. Verified by Visa and MasterCard Secure Code ensure that both the customer and the retailer are actually the sender and receiver of the payment, by typing an additional password that significantly increases the safety level of purchases.

PayPal is an online payment system that requires to open an account with PayPal through a special registration process.

 

 

  1. 5. Terms of delivery and shipping costs:

 

The Company commits to deliver by a chosen express courier (UPS or equivalent), in

Italy and other European Union countries, the products selected and ordered by the Customer, at the address indicated in the Order, given that the Customer has provided correctly and truthfully all the data necessary for the correct execution of the delivery.

Products will be delivered in Italy from Monday to Friday, excluding public holidays, from 9.00 to 18:00, within approximately twenty-four/forty-eight hours, or forty-eight/seventy-two

working hours for the islands, from accepting the Order by the Company, and anyway no later than ten (10) working days. Acts of God, fortuitous events or unpredictable circumstances, not depending on the Company, are not included.

It is agreed that the delivery of Products related to Orders accepted by the Company on Thursdays, after 12.00, and on Fridays, will be taken over by the courier on the following Monday in order to preserve the integrity of the Products and to avoid their storage in the courier’s deposits.

 

Products will be delivered by the courier only to an adult person present on the address given by the Customer while confirming the Order. If no one is at home at courier’s first visit, the courier will make a second and third visit in the following days before returning the Products to the Company, if the Customer is still absent. Given the perishable nature of some products purchased on Gourmet Italy, it is very important that the address given by the customer (home or office) is a place where someone will receive the package.

The timing and method of delivery of Products in EU countries other than Italy differ from one country to another, and are reported in detail on the website on the "shipping time and costs” page. This document, which must be read carefully by the Customer, contains more details, concerning also the delivery of Products in Italy.

At the moment of delivery of Products by the courier to the address, the Customer agrees to verify the integrity of the delivered package, and the number of packages compared to what is indicated in the transport document. The Customer is aware that if the package looks modified

or the box or tape do not bear the name "Gourmet Italy s.r.l." , they must refuse the delivery and notify "Package handled improperly". The Customer is aware that any damage to the package or to the Products, or any mismatch in the number of packages must be immediately reported through a "subject to control" notice on the courier’s proof of delivery, in order not to lose the right to raise further objections to the congruousness, integrity and completeness of the package delivered.

The Customer can check, at any time, the delivery time of their order and its shipment status

by visiting the website of the Company’s courier, indicated in the e-mail proving the acceptance of order, and entering the tracking number disclosed by the Company in that e-mail.

The cost of delivery of the Products shall be paid by the Customer, unless expressly indicated on the Website in case of promotional sales, and is clearly marked on the website, in the "delivery time and cost" section; this information is an integral and essential part of the General Terms and Conditions, and of the Ordering form.

 

 

  1. 6. Product Replacement:

 

The customer has the right to request the replacement of Products, in the event of damage during transportation, exercising their right to check as indicated in Article 5 above. This right, subject to revocation, must be exercised by the customer no later than five (5) working days from

receiving the Product, by sending an e-mail to clienti@gourmetitaly.it.

The Company will send replacement products through their trusted courier without

any additional shipping costs, within a reasonable lapse of time from the request.

 

 

  1. 7. Right of withdrawal - Return of Products - Refund procedure:

 

The Customer is entitled to terminate the Sale Contract, without any penalty and without specifying the reason, within 30 working days from receiving the products.

Customers who purchased in Italy can return, at the expense of the Company, the purchased Products within thirty (30) days from delivery, provided that Products have not been used, even partially, and the Company agrees to refund the amounts paid by the Customer as soon as possible, anyway within thirty (30) days from the date on which the Company became aware of the Customer’s request to apply their right of withdrawal.

The Customer must return the Products to the Company intact and unused, not even partially, in their original packaging, and the outer pack carefully opened and then closed, or in a new appropriate package, and deliver it to the courier within thirty (30) working days from receiving. In this way, the shipping costs for the return will be paid exclusively by the Company

The customer must inform the Company about the withdrawal by e-mail to this address: clienti@gourmetitaly.it, within the same period of 30 working days.

If Products have been delivered outside the Italian territory, the return costs for the purchased Products are to be paid by the Customer. For more information on returns, the Company invites the customer to contact the same e-mail address “clienti@gourmetitaly.it”.

If the withdrawal is accomplished by the Customer in accordance with the terms and conditions described above, the Company will refund, on the credit card used for payment or through Paypal, any amount paid by the Customer as soon as possible, within maximum thirty (30) days from the date on which the Company became aware of Customer’s exercising the right of withdrawal. If the procedures and conditions for exercising the right of withdrawal have not been followed, the customer is not entitled to receive a refund for paid amounts, but may request, at their own expense, the return of the Products, as they were delivered to the Company. The Company will contact the Customer, via e-mail, if the return cannot be accepted because it does not comply with the conditions described herein.

The Customer is aware that they cannot exercise the right of withdrawal if the main condition, integrity of the Product (package or its contents), wherever the original packaging containing the purchased Product is missing or damaged, or essential Product elements are missing.

The Customer is aware that the right of withdrawal cannot be exercised for highly perishable Products that are likely to change or deteriorate rapidly because of their nature and consistency.

 

  1. 8. Obligations of the Customer:

 

The customer is aware of the possible criminal offense for false declarations, and declares to be a

Consumer, as described in the epigraph and provided by law, to be of major age, and that the data supplied for the execution of the present Terms and Conditions are true and correct.

 

 

  1. 9. Personal data processing - Privacy:

 

The customer is aware and has read the information on the processing of personal data by clicking the link "Privacy Policy".

The Customer is aware that the information contained in the above mentioned document is an integral and essential part of these Terms and Conditions, and shall be deemed fully known and

accepted by the Customer at the moment of sending the Order.

 

 

  1. 10. Severability:

 

The possible invalidity of one or more clauses of these Terms and Conditions shall not involve the invalidity of the Terms and Conditions as a whole, nor of the entire Contract of sale, but the replacement of void clauses with mandatory provisions.

 

 

  1. 11. Applicable law – Jurisdiction:

 

These General Conditions, and every purchase made by a Customer on the Website, are governed by the Italian law. Any dispute relating to the application, execution, interpretation and violation of these General Conditions is under the exclusive jurisdiction of the Court of the town of residence or elected domicile of the Customer, if located within the territory of the Italian State. If the residence or elected domicile of the Customer are not located in the territory of the Italian State, the competent court is the Court of Rome.

The Customer preserves the right to bring proceedings to a mediation institution for disputes that

may arise in connection with these Terms and Conditions, about any purchase or other online

transaction, in order to seek an alternative solution to those disputes. For more information, the Customer can contact the Company, as described in the following Article 12.

 

 

  1. 12. Customer Service – Communication:

 

For any notice concerning these Terms and Conditions, and for any information, the Customer may contact the Company by e-mail on this address: clienti@gourmetitaly.it, and by mail on the following address:

Gourmet Italy Srl, Customer Service, 55 via Troilo il Grande, Rome (00131).

 

The Customer declares to have carefully read, understood and approved specifically,

pursuant to Article 1341 of the Italian Civil Code and Gov. Decr. n. 206, dated September 6, 2005., the following clauses of the Terms and Conditions, but not limited to: 3. Order of Products Ordering and Acceptance; 4. Prices of Products - Terms and Conditions of Payment; 5. Terms of delivery and shipping costs; 6. Product Replacement; 7. Right of withdrawal - Return of Products – Refund procedure; 8. Obligations of the Customer; 9. Personal data processing; 11. Applicable law - Jurisdiction.