Terms and Conditions Governing the on-line Sale of Products on the Apizza.it site
1) GENERAL INFORMATION
1.1) The present Terms of Sale govern the on-line purchase of products by orders placed electronically using the site www.apizza.it, property of VULCANO FOOD GOURMET Ltd, with headquarters in Naples (NA), at via Pazzigno 117 (hereinafter referred to as apizza.it).
1.2) The purchase order may be completed by user registration with the Apizza.it site, entering the following data required to process and deliver the order: first name, surname, complete address inclusive of zip code, telephone number, e-mail address, delivery address if different from billing address.
1.3) Every purchase will be governed by the provisions of Legis.D. 185/99, and Legis.D.206/95; the information required to enter into the contract will be subject to the provisions of Art. 12, Legis.D. 70/03, and concerning protection of confidentiality subject to Legis.D. 196/03.
2) PROCESSING OF PERSONAL DATA
2.1) Apizza.it hereby confirms that, pursuant to Art. 13, Legis.D. 196/2003, all personal and fiscal data acquired, including orally, regarding the commercial relationship entered into and provided directly by the parties, or acquired in any other manner within the context of company activities, will be treated in accordance with the stated laws, including the required obligation of confidentiality. With reference to such data the rights outlined at Art. 7 of Legis.D. 196/2003 may be exercised.
2.2) Without detriment to special mandatory rules, for purposes of the present agreement the Customer accepts receving from Apizza.it notifications in electronic form and acknowledges that all contracts, notifices and information received electronically fulfill the requirements of the written format, when required by the law.
3) TERMS OF SALE
3.1) Contracts governing the sale of products on the Apizza.it site are considered entered into upon receipt of purchase order forwarded by the Customer to Apizza.it and upon Apizza.it acceptance of such order. Apizza.it will promptly forward to the Customer confirmation of receipt of purchase order.
3.2) With the electronic placement of the purchase order the Customer declares that he has read and accepted the general terms of the contract and undertakes to observe and respect said terms in his association with Apizza.it.
Before placing his order the Customer is therefore obliged to read the present contractual terms and upon concluding the procedure for online purchase to print and preserve a copy of said terms..
4) PRODUCT FEATURES AND PRICES
4.1) Orders may be placed on the Apizza.it site for the products available, at the prices and terms described on the site. The Customer purchases the product, whose characteristics are illustrated on the individual descriptive cards, at the price specified, to which must be added delivery fees as indicated on the site.
4.2) The visual depiction of the products available on site is provided by a photograph accompanying the description card: The sole purpose of this photograph is to demonstrate the product for sale and may not be perfectly representative of its characteristics and quality which may differ in color and size. The images having a sole illustrative purpose are not to be considered as an element of the contract and the descriptions provided in the product cards shall prevail.
4.3) The sale prices indicated on the Apizza.it site are in Euro and are inclusive of standard packaging, VAT (where applicable) and indirect taxes (where applicable). They do not include delivery charges which are calculated prior to order confirmation and may be free for special temporary promotions published on the site.
4.4) The prices, products and/or characteristics of the products are subject to change without notice. Before forwarding a purchase order the Customer is required to check the final purchase prices which will be summarized in the following manner: unit cost of product selected, total cost (in the event of purchase of several products) and related delivery charges.
4.5) The product purchased is perishable and is delivered at the required temperature in compliance with the cool chain. Apizza.it can in no way be held liable if (in the event of an occurrence as per point 8.3) the product is left in storage/unclaimed with the courier beyond the date initially envisioned for delivery.
4.6) The customer is aware that upon delivery the product must be preserved in a freezer at a temperature of at least -18 °C . It is imperative that once defrosted the product not be refrozen.
5) METHODS OF PURCHASE
5.1) Once the Customer has selected the products he must access the Shopping Cart where he can see a summary of the order and can make any changes he desires. The Customer may enter his zip code either in the product cards or the Shopping Cart to ensure that it is an area in which we can make deliveries within 48 hours – the duration of our Frozen Packaging. This check is also made automatically by the system once the delivery address is entered.
5.2) To complete the purchase order the Customer will be asked to provide his personal data; he may also choose to create an account by including a password (the account is not mandatory and is used only to check orders on site) or to log in if he already has an account. The Customer will also be asked specifically to accept the terms of the agreement by filling in a check-box.
5.3) At this point the Customer can choose his method of payment (at the present time he can only pay directly on the PayPal site, using a credit card or PayPal account).
5.4) Once the purchase order has been forwarded, Apizza.it will send the Customer an e-mail confirming receipt of the order, the order number and a summary of the items purchased, including delivery charges and method of payment selected. The email will also provide a link to the general terms of the contract and information regarding the right of withdrawal and the conditions and methods of its performance as specified on the Apizza.it site.
5.5) The Customer is aware that cancellation of the order may be made at the latest by 23.59 of the date in which the order is placed. Reimbursement may be obtained if the order is cancelled by such time.
6) PROCESSING OF ORDER
6.1) All orders are processed on Tuesday with expected delivery within 48h.
During certain periods of the year, such as the Christmas season, delivery is suspended as couriers would not be able to guarantee delivery within 48 hours. During the summer, delivery is also suspended to prevent exposing the products to high temperatures.
6.2) All orders are subject to availability of the Products and acceptance of the order by Apizza.it, which reserves the right, at any time and at its indisputable discretion, to refuse an order, including, for examples, in the event:
– that the products ordered are no longer available on the site;
– Apizza.it realizes there is an error on the site regarding price and/or description of the product;
– the order cannot be filled due to an error in the information provided by the Customer (for example and not limited to, information regarding payment, billing or delivery address);
– Apizza.it believes the order may have been placed by a minor.
Apizza.it also reserves the right to make partial deliveries and/or to limit the quantity of products subject of the order to a number considered reasonable for domestic use. In such case the Customer will be charged solely for the cost of the products delivered.
6.3) In all cases in which Apizza.it is not able to fill an order, or can fill it only partially, or intends to limit the quantity of products subject of the order, Apizza.it will so inform the Customer by e-mail or phone, at the numbers provided upon registering with the site, at the earliest possible time or at the latest within 10 (ten) days from placement of the order. Any payments already made by the Customer will be promptly reimbursed by Apizza.it using the same method as used by the Customer to pay for the products.
7) AVAILABILTY AND DELIVERY OF PRODUCTS
7.1) The electronic sales system used by the Apizza.it site is devised to ensure maximum transparency, indicating in real time the availability of products in stock. Nevertheless, multiple users may place orders for the same item simultaneously and consequently exhaust the quantity of products available. In such case Apizza.it will promptly notify the Customer by e-mail if there are any problems regarding availability of the product, and the Customer may choose to cancel the order. In the event of cancellation the Customer will be totally reimbursed for the amount paid.
7.2) The products purchased, along with related invoice, will be sent by courier service to the address indicated by the Customer upon placing the order on-line.
7.3) The Apizza.it site may be accessed from anywhere in the world. However, the products available in the online shop may be purchased solely by users requesting delivery within Italy, except for those towns that cannot be reached within 48 hours. Where the delivery is possible that will be in 24/48 hours.
7.4) If Apizza.it notices that the ZIP code provided by the Customer for the area of delivery differs from the actual ZIP code for that town/city and said town/city is in one of the areas where delivery cannot be provided within 48 hours, it will suspend the order and contact the Customer to check whether it is actually possible to make a delivery.
8.1) Apizza.it uses the GLS courier service. Delivery times vary according to the day the order Is placed and may extend from 72 hours to a maximum of 7 days from completion of the order.
8.2) It is not possible to arrange for specific delivery times. Deliveries are normally made from 0900 to 1800.
8.3) In the event products cannot be delivered because the Customer is absent from the address indicated in the order, the merchandise will be kept in the courier storage and must be picked up by the Customer. Apizza.it will in no way be held liable if the product is left by the Customer with the courier service beyond the date initially envisaged for delivery.
8.4) Apizza.it undertakes to do everything possible to respect the delivery times indicated and may in no case be considered liable for any losses or damages incurred by the Customer because of delays in the delivery of products, unless such delays are intentional or attributable to serious negligence of the vendor.
8.5) Attention: given its extremely low temperatures, the dry ice contained in the delivery packaging cannot be handled without adequate protection.
8.6) You can now choose to have your order delivered to a Fermo!Point pick up service: when placing your order (in checkout page) check the on-line map for your preferred Fermo!Point delivery point. The Customer must pick uo the order as promptly as possible to avoid altering the cold chain process. Once defrosted, the product absolutely must not be re-frozen.
The Customer may make payment by Credit Card, ATM card or Prepaid cards, using the PayPal circuit, directly on the PayPal site. Said site assures the highest level of confidentiality regarding the data provided by Customers. For all information and additional Legal Agreements the Customer may consult the PayPal.com site.
10) COMPALINTS AND RETURNS (RMA request)
10.1) Upon receipt of merchandise , the Customer must immediately check the condition and conformity of the products. If the packaging of the products ordered by the Customer should reach destination obviously damaged, the Customer must accept the delivery “with reservations”, noting “reservation” on the invoice or, alternatively, he can refuse to accept delivery by the vector/dispatcher.
10.2) Any complaints regarding product conformity, also in respect of quantity and/or external aspect, must be formulated in writing using the RMA form which may be requested by e-mail to email@example.com.
10.3) For obvious reasons of perishability, the products that can be purchased on the Apizza.it site are totally excluded from the right of withdrawal clause, as indicated in the following article.
11) RIGHT OF WITHDRAWAL
11.1) Pursuant to Art. 59 D.Lgs. No. 206/2005, as amended by Legis. D. 21/2014, the right of withdrawal is excluded in the following cases:
– orders for tailor made or clearly personalized products;
– orders for products that risk deterioration or that have a short expiration date;
– orders for sealed products that cannot be returned for reasons of hygiene or the protection of health or that have been opened following delivery.
11.2) With reference to exclusion from the right of withdrawal as listed above, the Customer is specifically so informed and agrees that products at “risk of deterioration or having a short expiration date” include food items, as their characteristics and quality are subject to alterations, also as a result of incorrect conservation by the Consumer.