Terms and Conditions of Sale
Terms and conditions of sale
1. The contract stipulated between Murgia Food and the Customer must be considered concluded with the acceptance, even if only partial, of the order by Murgia Food. This acceptance is considered tacit, unless otherwise communicated to the Customer in any way. By placing an order in the various ways provided, the Customer declares to have read all the information provided to him during the purchase procedure, and to accept the general and payment conditions in full.
2. If the Customer is a consumer (ie a natural person who buys the goods for purposes not related to his professional activity), once the online purchase procedure is completed, he will print or save an electronic copy and in any case keep the present conditions general sales policies, in compliance with the provisions of art. 3 and 4 of Legislative Decree 185/1999 on distance selling.
3. Any right of the Customer to compensation for damages or compensation, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and / or things, caused by the non-acceptance, even partial, of an order is excluded.
1.1 murgiafood.it: is the electronic store called Murgia Food based in Viale Magna Grecia Lot 57 Z.I. - 70020 Cassano delle Murge (BA), Italy which intends to sell food products belonging to its own assortment via the Internet.
1.2 "Products": are all the products and / or goods sold by Murgia Food and part of their assortment. "Customer": it is the purchaser of the Products that holds the status of consumer, meaning by that the natural and legal person who makes the purchase for purposes not related to the commercial or professional activity possibly carried out.
1.3 "Site": is the set of web pages related to www.murgiafood.it
1.4 "Offers": are sales made by murgiafood.it for all or part of the Products and for limited time periods with a discount on the normal sales price.
1.5 "Special Offers": these are sales that involve sending the customer a free product together with one or more purchased Products.
1.6 "Purchase": it is the purchase order with delivery of the Products in the days following the transmission of the order from the Customer to murgiafood.it
1.7 "Home delivery": is the purchase order with delivery of the Products at the address indicated by the Customer in the purchase order as a shipping address.
1.8 "Login": is the area within which the customer can view his data and eventually proceed with the modification and / or cancellation.
2. SCOPE OF APPLICATION
2.1 The General Conditions are an integral part of any proposal, purchase order and purchase order confirmation of the Products marketed by murgiafood.it in force on the date of the relative order.
2.2 The General Conditions concern exclusively the sale to a consumer Customer, as specified above.
3. CONTRACTUAL FORMALIZATION
3.1 All contracts are concluded exclusively with access by the Customer to the Site, using remote communication technology via the Internet.
3.2 The purchase of what is requested will be completed through the following phases:
3.2.1 With the dispatch of the order, you transmit to murgiafood.it a proposal to purchase the selected product or products, shown online. The sending of the purchase order implies the consent (pursuant to art. 10 DL 185/1999) to receive the subsequent communications of murgiafood.it, aimed exclusively at the conclusion and execution of the sales contract.
3.2.2 All purchase orders transmitted to murgiafood.it must be exactly completed in all their parts and must contain the elements necessary for the exact identification of the ordered Products, of the Customer and of the place of delivery of the Products.
3.2.3 murgiafood.it reserves the right not to accept orders that are incomplete or not properly completed.
3.2.4 murgiafood.it provides confirmation, by e-mail message of the purchase request, which will contain: the information concerning the conditions of sale, in accordance with the art. 4 DL 185/1999. The order confirmation is valid as acceptance of the purchase proposal.
3.2.5 The contract is considered concluded, and is binding for both parties, when the purchase order confirmation is sent to the Customer.
3.2.6 If the request that the Customer has made through the order exceeds the quantity available for a given item, murgiafood.it will accept the purchase limited to what is actually available to its virtual warehouse. The Customer Service of murgiafood.it will inform the Customer (via telephone, fax or e-mail) if the ordered products will be available in the future.
4. DELIVERY TIMES AND METHODS
4.1 murgiafood.it provides to deliver the Products to the Customer, selected and ordered in the manner indicated under "Deliveries", by trusted couriers.
4.2 Delivery takes place, for purchases, at the times indicated (variables by region and state) under "Deliveries" and in the time period indicated by the Customer in the purchase order if a preference has been given. (Please indicate always a telephone number in case problems arise for the courier)
4.3 In any case, delivery times, in accordance with the provisions of art. 6 of Legislative Decree no. 185/1999, are not more than 30 days from the day following the transmission of the order to murgiafood.it.
4.4 The transport of the goods is subject to payment. The amount is indicated in the "Shipping Cost" item.
4.5 The delivery of the Products is subject to payment by the Customer of the relative price with the means chosen from those made available on the murgiafood.it website and illustrated under "Type of payment".
4.6 Conditions and terms of delivery other than those provided in the General Conditions must be agreed in advance between the Customer and murgiafood.it and from the latter accepted in writing.
4.7 The tax documentation (invoice) is issued upon request by murgiafood.it, and contextually delivered to the customer, at the time of delivery, subject to the signing of the transport document or by electronic means by sending an e-mail containing the invoice attached.
5.1 All the selling prices of the Products indicated on the Site are expressed in Euro.
5.2 Unless otherwise indicated, the prices of the Products are inclusive of VAT and all other taxes.
5.3 The prices of the individual Products, indicated from time to time on the Site, cancel and replace the previous ones.
5.4 The prices applied are those indicated on the Site at the time of the purchase order by the Customer.
6. CHARACTERISTICS AND AVAILABILITY OF THE PRODUCTS
6.1 The Products are not supplied on trial. The Customer is responsible for choosing the ordered Products and their compliance with their needs.
6.2 In case of unavailability of one or more products, murgiafood.it proceeds to the delivery of the other Products ordered by the Customer; in this case, the partial delivery of the ordered Products is considered valid and does not give the Customer the right to refuse delivery, nor to any compensation or compensation whatsoever.
7. LIABILITY OF THE SITE
7.1 murgiafood.it assumes no responsibility for disruptions caused by force majeure of any kind and nature, in the event that it fails to execute the contract within the agreed time. Causes of force majeure, by way of example and not limited to, are the provisions of the Public Authority, the strike of own employees or carriers of which murgiafood.it uses, as well as any other circumstance that is beyond the control of the latter .
8. CUSTOMER'S OBLIGATIONS
8.1 The Customer undertakes, once the online purchase procedure has been completed, to print and keep these General Conditions.
8.2 The information contained in the General Conditions must be viewed and accepted by the Customer before sending the purchase order, this in order to fully satisfy the condition referred to in art. 3 and 4 of Legislative Decree no. 185/1999. Acceptance takes place by marking the appropriate space on the site. Failing this, the order cannot be executed.
8.3 The Customer undertakes, prior to the conclusion of the online purchase procedure, to request the issuance of the invoice, indicating the tax information as provided by art. 22, paragraph 1, no. 1) of the D.P.R. n. 633/1972 which states: The invoice is not mandatory, unless requested by the customer after the transaction is completed.
9. RIGHT OF WITHDRAWAL
Beyond the laws, we are interested in an ongoing relationship with each of our customers, so we guarantee maximum attention to every need and full availability to solve any problems.
Murgiafood.it fully adheres to the Consumer Code issued with the legislative decree 6 September 2005, n. 206, based on art. 7 of the delegation law July 29, n. 229, relating to the reorganization of the provisions in force concerning consumer protection which includes most of the provisions issued by the European Union over the last twenty-five years for consumer protection. For the obligations deriving from participation in the Union, these rules have also been implemented by the Italian State.
The Right of Withdrawal consists in the possibility for the consumer to withdraw, within the term of fourteen working days, from any purchase made at a distance and receive a full refund of the expense incurred for the purchase without any penalty, just as set forth in D. Lgs 185 of 22/05/99 where obviously also purchases made via Internet are included. The only expenses not reimbursed will be those of shipment, which I remain excluded from the discipline of which the decree law 185/99.
It should be noted that Community legislation requires that the right of withdrawal be exercised only by natural persons (consumers) who act for purposes that can be considered unrelated to their business.
The right of withdrawal, therefore, CANNOT be exercised by legal persons and natural persons acting for purposes related to a commercial activity. Purchases made by retailers or by persons who in any way purchase for resale to third parties are excluded from the right of withdrawal. The right of withdrawal does not apply to the supply of foods which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly.
To be able to exercise the right of withdrawal it is sufficient to download this model directly from here if you wish to withdraw from the purchase while the goods are being delivered you must send a registered letter with return receipt. in which is expressed the will to return the goods. The right of withdrawal can be exercised by the natural person who made the purchase.
Legal entities do not have the benefit of exercising the right of withdrawal.
The right of withdrawal is lost if the returned product is not intact, ie:
1. Lack of the original packaging.
2. Absence of integral elements of the product.
3. Damage to the product for reasons other than transportation.
After making the purchase, should you wish to exercise the right of withdrawal, proceed as follows:
Within 14 days of receipt of the goods, send a registered letter with acknowledgment of receipt to: Murgia Food - Viale Magna Grecia Lot 57 Z.I. -70020 Cassano delle Murge (BA)
1. Anticipate communication via e-mail to firstname.lastname@example.org or by telephone by calling +39 328.2165053
2. The operator who has received the call or e-mail will arrange an appointment for the collection of the package, which MUST contain all the elements as per the aforementioned list above.
3. murgiafood.it after verifying the integrity of all the components of the product and the accompanying elements, it will proceed with the reimbursement of the amount paid made EXCEPT the shipping costs, the reimbursement will take place within 14 days from the above checks.
not all products can be returned, the law DOES NOT ALLOW THE RETURN of perishable food products.
Why is it not possible to return food products? To protect our customers and for hygienic reasons, you can exercise the right of withdrawal only for products that can be put back on the market without endangering the health of consumers. Precisely for this reason it is not possible to return food products for which it is not possible to guarantee adequate conservation.
10. PROTECTION OF MINORS
10.1 Children under the age of 18 are not permitted, except under the supervision of an adult family member, to place orders via the online order form.
11. PAYMENT METHODS
11.1 The Customer can pay for the Products ordered by:
1. Credit card
3. Advance bank transfer
11.2 By filling in the appropriate space on the Site, the Customer authorizes murgiafood.it to use the means of payment for which a prior authorization is required; in other cases, (bank transfer in advance and cash on delivery) with the completion of the aforementioned space, the Customer undertakes to carry out the payment himself.
11.3 The actual debit transaction for the pre-authorized means (credit card) and for the transfer takes place in advance with respect to the delivery, for the cash on delivery of the products.
12. OFFERS, PROMOTIONS AND GIFTS
12.1 The Offers proposed by murgiafood.it are valid until stocks run out of the Products and within the purchase limits indicated on the Site.
12.2 Promotions cannot be combined.
12.3 Promotional Products may be delivered in promotional packages, other than those published on the Site.
12.4 If the Special Offer promoted by murgiafood.it provides for the dispatch of a free Product together with one or more Products purchased, the Customer receives the Product for free upon implicit acceptance of the same.
12.5 The offer of the free Product is valid until stocks are exhausted.
12.6 No replacement or return is possible in relation to any Products received free of charge by the Customer.
13.1 For complaints, please contact Customer Service at +39 328.2165053, via e-mail at the following address email@example.com or in writing to Murgia Food Company Viale Magna Grecia Lot 57 Z.I. - 70020 Cassano delle Murge (BA)
13.2 Within 2 working days from receipt of the complaint, the Customer Service will contact the Customer to indicate the times and methods of handling the complaint.
14.1 Any dispute concerning the application, execution, interpretation and breach of the contract entered into online by the Customer with murgiafood.it, is subject to Italian jurisdiction.
14.2 The Court of Biella is responsible for any dispute between the parties.
14.3 The customer / user of Murgia Food accepts that any dispute is managed by the Court of Bari.
15. APPLICABLE LAW AND REFERRAL
15.1 The contracts entered into online by the Customer with murgiafood.it are governed by Italian law.
15.2 For what is not expressly provided herein, the laws applicable to the relationships and the cases provided for in the contract stipulated online by the Customer with murgiafood.it are valid.
15.3 According to the articles 1341 and 1342 of the Civil Code, the Customer declares to have carefully read and expressly accepted in particular the following clauses of the General Sales Conditions of with italian- food-shop.it: Characteristics and availability of the Products; Responsibility of murgiafood.it; Right of withdrawal; No return of the Products for free; Product warranties; Disputes; Applicable law and referral.
For the communications provided in the General Sales Conditions, the Customer can contact murgiafood.it in the following ways:
Company Murgia Food Viale Magna Grecia Lot 57 Z.I. - 70020 Cassano delle Murge (BA)
NOTE: The communicated data will be processed in compliance with Legislative Decree 196/2003. By sending an email you implicitly consent to their processing.
Attention: All our deliveries have a non-customs clearance duty free delivery (DDU) excluding taxes, duties and local VAT, as commercially in use in the European Community. Therefore, our deliveries include the cost of the goods, the shipping costs up to the address of the recipient.
Any additional costs such as customs duties, import taxes, local taxes, local VAT and / or other ancillary charges are the responsibility of the recipient.
Please read, print and keep the acceptance of the sales conditions.