The following General Conditions of Sale regulate the offer and sale of products on the website https://incantogourmet.com/en/ (“Website”).
Te products purchased on the Website are offered and sold by ALI s.r.l., based in Via Piero della Francesca n. 38, 20154 Milano (MI), VAT number 08958250964 (“Owner”).
In order to use the services offered by the Website you must read and accept the present terms and conditions of the contract.
1.1 Each sale of products offered by the Owner through the Website (“Products”) constitutes a distance contract.
1.2 The General Conditions of Sale can be modified any time.Any changes and/or new terms will be published on the Website and will be effective from the time of their publication. Users are invited to check for updates of General Terms and Conditions of Sale before any purchase. Each purchase is subjected to the General Conditions of Sale published on the website when sending the purchase order.
1.3 The present General Conditions of Sale do not regulate the sale of products and/or the forniture of services by subjects other than the Owner, even if they are present on the Website by means of links, banners or other hypertextual connections. The Owner does not carry out any checks on and/or monitoring of the websites that can be reached through these links. Therefore, the Owner is not responsible for the contents and services of such websites nor for any mistakes and/or omissions and/or violations of law by the same sites.
2. REGISTERING TO THE WEBSITE
2.2 The User guarantees that the personal information filled in during the registration process are true and complete.
2.3 The User shall preserve and keep confidential their own access credentials. Under no circumstances may the Owner be held responsible in case of loss, disclosure, theft or unauthorized use by third parties, by any title, of users’ access credentials.
2.4 Registered users can deactivate their own account and/or ask for the cancellation by reaching the Owner directly.
2.5 The Owner, in case of violation of the present Terms and Conditions, retains the right to suspend or close the User’s account in any moment and without notice.
2.6 The Owner retains the right to suspend or cancel the User’s account in any moment and without notice whether it considers that:
– the access or use of the service may cause damage to the Owner and to other users or to third parties;
– the use of website by the User may result in a violation of the law or the applicable regulations;
– following investigations conducted as a result of legal actions or involving the public authority;
– the account is deemed by the Owner, at its sole and unquestionable discretion and for any reason, inappropriate or insulting.
3. PURCHASES ON THE WEBSITE
3.1 The purchase of Products on the Website is allowed to registered members only.
3.2 The purchases of alcoholic beverages on the Website from Italy are restricted only to those who have reached the age of 18 years old. The purchases of alcoholic beverages from abroad are allowed only to the users considered of legal age or otherwise that can purchase alcoholic beverages by their own national law. If the national law of the user does not provide anything in this regard, the purchases of alcoholic beverages will be allowed only if the user has reached the age of 18 years old.
3.3 In any case, the User who makes purchases on the Website undertakes to indemnify the Owner from any responsibility for purchases made by violating its own national law.
3.4 The User is required to look at labels and technical sheets regarding the products purchased on the website, stating the content, the perishability, the storage conditions, the potential expiry date and the presence of allergenic ingredients. The User indemnifies the Owner for any damages resulting from the consumption of expired or deprived products, and anyway for damages resulting from the consumption of products by subjects affected by intolerances and/or allergies.
3.5 Each order sent constitutes an offer to purchase the products.
3.6 Acceptance of orders is subject to availability of products and to the Owner’s discretionary acceptance. The Owner also reserves the right to refuse or cancel purchase orders.
3.7 In order to finalize the purchase order the User must select the products, carefully verify the summary of the details and send the order by following the website instructions. The order is finalized when the User receives the e-mail confirmation. The order is subject to payment of the price, taxes and shipping indicated on the order summary displayed at the end of the guided purchase process.
3.8 Receipt of the order by the Owner does not constitute acceptance of the same. The conclusion of the contract takes place only when the User receives confirmation by the Owner to the e-mail address provided by the User.
3.9 The Owner reserves the right to invalidate an order by informing the User within 5 business days of placing the order, using the email address associated with their purchase, about the unavailability of one or more of the purchased products. In this case, the Owner will refund the price and the delivery costs incurred by the User.
3.10 The purchase order will be stored in the database of the Owner for the time necessary to fulfil the order and, in any case, according to the law. In order to access your own order form, you can consult your own account.
4. VALIDITY OF OFFERS AND PRICES
4.1 All the prices of Products are listed in Euro (€) and are inclusive of Value Added Tax (“VAT”), unless otherwise stated. Any additional cost will be expressly and separately indicated in the purchase summary before the User sends the purchase order.
4.2 The price of Products can be modified by the Owner any time, without notice, provided that the price charged to the User will be the one published on the technical sheet that shows the main characteristics of the product when sending the order. Any variation after the placement of the order (increasing or decreasing) will not be taken into account.
4.3 On the Website Products at discounted prices may be offered for sale. In such case, the discounted price will be applied on the product.
5. METHODS OF PAYMENT
5.1 The payment of products can be made by credit card or PayPal payment.
5.2 The payment of products by credit card is made directly through the Website.
5.3 In order to ensure the security of payments made on the Website and to prevent any fraud, the Owner reserves the right to ask the User, via e-mail, to send by the same method a double-sided copy of your ID or passport, or other identification document. The document must be valid. While waiting for the requested document, the order shall be suspended.
5.4 In case the Owner does not receive the document as in point 5.3 within 10 days of the request or receives expired or invalid documents, the contract shall be considered terminated and the Owner will reserve the right to cancel the order, with consequent refund of the amount already paid by the User.
5.5 Confidential data of the credit card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment handler without passing through the servers of the Owner. Therefore, the Owner never has access and does not store data of the credit card used by the User to purchase the Products (even in case the User has decided to store the credit card data on the Website).
5.6 In case of PayPal payment, the User will be redirected to the website www.paypal.it where he/she shall make the payment for the Products on the basis of the prescribed procedure regulated by PayPal and the terms and conditions of the contract agreed between the User and PayPal. The data inserted on the PayPal website will be processed directly by PayPal and will not be sent to or shared with the Owner. The Owner is therefore unable to know, or memorize in any way, the credit card details linked to the User’s PayPal account, or the details of any other form of payment linked to the said account.
5.7 In case of PayPal payment, the amount due will be charged by PayPal to the User’s account at the same time as the conclusion of the contract through the Website. In the event of termination of the purchase contract and in any other event of refund, for any reason, the amount of the refund due to the user shall be credited to the User’s PayPal account, unless otherwise agreed between the User and the Owner. The timing of credit on the payment instrument connected to such account depends exclusively on PayPal and the banking system. Once the credit order has been arranged in favour of the said account, the Owner shall not be deemed liable for any delays or omissions in the crediting of the refund to the User. For any of such problems, the user shall contact PayPal directly.
6. PRODUCT AVAILABILITY
6.1 The products offered on the Site are limited in number. It may therefore happen that the product ordered is no longer available after submitting the purchase order. In such case, the User will be promptly informed by e-mail or telephone and will be able to choose to replace the product with other/other products of the same value or to ask for refund of the paid price. In the latter case, the Owner will refund the price without undue delay and, anyway, within a maximum of 15 working days from the date of collection. Such amount will be credited on the same means of payment used by the User for purchase or on the different means agreed between the User and the Owner. Any delays in crediting the amount may depend on the bank, the type of credit card or the means of payment used.
7. DELIVERY OF THE PURCHASED PRODUCTS
7.1 In the order summary and, in any case, before the User proceeds to the submission of the same, the delivery date of the products is stated. In case of non-disclosure of a specific term of delivery, it will be made within thirty days from the day after the conclusion of the contract.
7.2 It is up to the User to verify the conditions of the product that has been delivered/that he or she has picked up. It being understood that the risk of loss, alteration or damage of products for reasons not attributable to the Owner, is transferred to the User when the User, or a third party designated by the User and other than the Carrier, physically comes into possession of the products. The User is advised to check the number of products received and that the package is intact, undamaged, not wet or otherwise altered, including the sealing materials and is invited, in his/her interest, to contact the Customer Service immediately to report any anomalies, accepting the package “with reserve” (e.g. damaged or wet package, etc.).
7.3 In the event that the packaging shows obvious signs of tampering or alteration, it is also recommended to the User to give prompt communication to the Owner. Remains firm, in any case, the application of the rules with regard to the right of withdrawal and legal guarantee of compliance.
7.4 For anything not expressly stated in this contract, please refer to the provisions of the Consumer Code.
8. RIGHT OF WITHDRAWAL
8.1 The User can withdraw from the contract without having to incur costs other than those referred to in this article and without having to specify the reason, within fourteen (14) days of receiving the Products.
8.2 To exercise the right of withdrawal, you must send an email to the email@example.com address containing an explicit statement of your decision to terminate the contract.
8.3 The User who exercises the right of withdrawal must return the Products to the Owner. To return the Products, the user can use a carrier of his choice with return costs charged to the User.
8.4 The refund must be made within 14 calendar days from the date the User has informed the Owner of his/her decision to withdraw. This term is respected if the Products are shipped before the expiry of the fourteen day period. The Products, properly protected and packaged, must be sent to the following address: Ali Srl presso B&B Service via Miles 7, 20873 Cavenago MB.
8.5 The direct costs of returning the product to the Owner are borne by the User. The return of the product to the Owner is under the responsibility of the User.
8.6 All payments made to the Owner will be refunded to the User who promptly exercises the right of withdrawal, including shipping costs (unless the User has expressly opted for a type of delivery other than the least expensive offered on the Website) without undue delay and in any case no later than 14 days after the date when the Owner was informed of the decision to withdraw from the present contract. Such refund will be issued by means of the same payment method used by the User for the original transaction, unless the User has explicitly agreed differently; at any rate the User will not have to bear any charges as a consequence of the refund. Refund shall be suspended until receipt of returned Products or until proof has been supplied by the User that the Products have been shipped.
8.7 In case of partial withdrawal, the amount of delivery costs to be returned to the User as a result of the withdrawal shall be calculated in proportion to the value of the Product subject to withdrawal.
8.8 The User shall be responsible for the decrease in the value of the Products resulting from handling the same other than that required to assess their features. The Product must be kept, handled and inspected with normal care and returned intact, not used, complete of its every part, with all its accessory not tampered, and with no signs of damage, wear or dirt, together with the received delivery document. Furthermore, the right of withdrawal finds application the Product in its entirety. It cannot therefore be exercised solely in relation to parts and/or accessories of the Product.
8.9 Withdrawal not correctly exercised under the terms and conditions of this contract and in accordance with the applicable law, shall not constitute the right to any refund. In such case, the Owner will notify the User, rejecting the request for withdrawal. The Product, if already returned to the Owner, will remain with the Owner available to the User for collection, which will take place at the expense and under the responsibility of the User himself/herself.
8.10 In case the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from handling the same other than that required to identify the Product itself, the refund amount will be reduced by an amount equal to such decrease in value. Of the circumstance and the consequent diminished amount of refund the Owner shall notify the User, providing to the same, in case the refund has already been paid, the bank details for payment of the amount owed by the User due to the decrease in value of the Product.
8.11 Refund is excluded when the decrease in value is total. The right of withdrawal is in any case excluded in relation to:
– custom-made or clearly customized products;
– supply of products liable to deteriorate or expire rapidly;
– supply of sealed products not suitable for return for hygienic reasons or linked to the health protection or that have been opened after delivery.
In case one of exceptions mentioned above was applicable to the products purchased by the User, the same will not be able to exercise the right of withdrawal.
8.12 The clauses concerning the exercise of the right of withdrawal, as well as its consequences and exceptions, shall apply only to the User who qualifies as a consumer, that is the User who acts for purposes unrelated to his/her business and professional activity.
9.1 By placing an order on the Website, the User gives consent to receive the invoice, if requested, only in electronic format. The invoice will be issued according to the information provided by the User, which he/she declares and ensures to be truthful.
10.1 The User who buys as a consumer has the right to a guarantee of conformity for purchased products and services, within 24 months of the purchase, on condition that notice is given to the Owner of the defects found, within 2 months of their discovery, provided that it is not a product which by its nature is perishable or subject to expiry in a shorter term, in which case the defect must be reported within that reduced period.
10.2 In order to exercise the right of guarantee, the User is required to provide the Owner with an accurate description of the defect found.
10.3 If the defect of conformity of the product is established, the User has the right to obtain the replacement of the product.
10.4 The User also has the right to request the Owner a fair price reduction or the termination of the contract in the following cases:
– if replacement proves impossible or prohibitively expensive;
– if the Owner has not provided the replacement of the product within an appropriate time limit, in any case not less than 15 days.
11. APPLICABLE LAW AND COURT OF JURISDICTION
11.1The contracts concluded between the Users of the Website and the Owner are governed by the Italian law. Any dispute concerning the implementation, interpretation and validity of the contract are subject to the Italian law. In case of disputes, the Court of Milan shall have exclusive jurisdiction.
The one exception is the exclusive jurisdiction of the consumer, where the law so provides.
11.2 To consumer Users who do not have their usual residence in Italy, any more favourable and binding provisions laid down by the law of the country in which they have their usual residence shall be applied.
12. CUSTOMER SERVICE AND CLAIMS
12.1 You can ask for information, send communications, request assistance or submit complaints, by sending an e-mail to the following address: firstname.lastname@example.org
12.2 The Owner shall respond promptly to submitted complaints, in any case within ten working days of receipt of the same.