Terms and Conditions of Sale
These general terms of sale govern the sale of products of APULIAN FOOD S.r.l., VAT no. 08160140722, with registered office at Piazza Umberto I 62, Bari, e-mail: firstname.lastname@example.org; certified e-mail: ____________________ (respectively, the “Products” and the “Company”). The photos of the Products provide an indication and not binding. Customers accessing the web site to make purchases (the “Customer”) is required to carefully read these General Terms and Conditions of sale, which will therefore be considered fully accepted and applied at the time of submission of the order. Customers will be asked to accept these General Terms and Conditions of sale by a “confirmation click”, which replaces a digital signature and is binding to both parties. If a Customer does not qualify as a consumer pursuant to Italian Legislative Decree 206/2005, as amended (the “Consumer Code”), the right of withdrawal stated below will not apply, and likewise any other provisions which under the Consumer Code only apply to “consumers”.
- Orders and order confirmation. 1.1. To purchase Products, the Customer must complete and submit the order in compliance with instructions provided on the web site: www.apulianfood.eu. 1.2. In acceptance of the order, the Company will send a specific order confirmation. The Customer will receive a receipt notification e-mail containing confirmation of the order with all elements making up the contract (products ordered, prices, delivery dates, shipping dates, etc.). 1.3. Apulian Food Srl will promptly advise the Customer if all and/or part of the order cannot be filled as a result of, for example, temporary unavailability of the Product or end-of-line stock, indicating to the Customer the expected delivery times for supply of the missing Product. If the Customer does not wish to wait for supply of the Product, in any event no longer than 30 business days, Apulian Food Srl will reimburse any amounts already paid by the Customer against the supply that will not be provided.
- Prices and payment. 2.1. Unless otherwise indicated, the Product prices are those published on the web site at the time of the order, and include VAT. 2.2. The Product price does not include the cost of shipping, which will need to be added. The shipping costs are displayed on the web site at the time the order is submitted, and must be added to the cost of the Products. 2.3. The tax documentation in relation to the Products ordered and the shipping costs will be issued by Apulian Food Srl when the Products are shipped to the Customer. For this purpose, the Customer must provide the exact details necessary for billing and specify the shipping address for the invoice. 2.4. The payment must be made at the time of the order, using one of the methods indicated on the web site. For this purpose, the Customer confirms to Apulian Food Srl that he or she is over 18 and entitled to arrange the payment in accordance with the terms and conditions.
- Product delivery. 3.1. Unless otherwise indicated, delivery will be made in within 7 business days for Italy and within 15 business days for other EU destinations. For destinations outside the EU, the Company reserves the right to communicate the delivery times to the specific country concerned. 3.2. The Products will be delivered to the address indicated by the Customer. Apulian Food Srl will arrange shipping solely and exclusively after the payment has been credited to the Company’s current account, if payment is by bank transfer. For payments by credit card, shipping will be arranged when the payment network confirms the transaction was successful. 3.3. The delivery due dates, indicated in business days, are merely an indication and cannot be considered imperative. Any delays in delivery of less than 30 (thirty) days do not give the Customer the right to refuse delivery of the Products, or to claim compensation or indemnities of any kind. 3.4. Apulian Food Srl reserves the right, if deemed appropriate, to arrange to complete delivery of the Products (even in relation to the same order) through a series of successive deliveries. 3.5. The delivery document issued by the transport operator, signed and dated by the Customer on delivery of the Product, will constitute proof of transport and handover of the goods. 3.6. Unless otherwise stated, the delivery will be at street level. 3.7. If the intended recipient is absent at the time of delivery, the transport operator will leave an “unable to deliver” notice at the delivery address indicated by the Customer. The Products must then be collected at the address and by the methods indicated by the transport operator. 3.8. If the delivery is not collected by the deadline specified by the transport operator, the Products will be returned to Apulian Food Srl, which reserves the right to reimburse the price of the Products, leaving the Customer liable for the shipping costs.
- Complaints. 4.1. The Products must be examined by the Customer immediately after their arrival. 4.2. Complaints about incomplete or incorrect deliveries, and likewise for goods that clearly do not match the contractually agreed Products, are damaged or have defects, must be submitted in writing and within 3 days of discovery, under penalty of forfeiture, for this purpose also attaching suitable documentation, including photographs, to allow the Company to verify the anomaly reported. 4.3. If the Customer notices the faults at the moment of delivery of the package by the transport operator, he or she must announce their reservation also to the transport operator, then subsequently send their complaint in writing to Apulian Food Srl. 4.4. If a Product fault is confirmed, the Customer must return the Product(s) concerned to Apulian Food Srl within 7 (seven) days of receipt, provided they are returned in a closed parcel, in their original condition and packaging, and with the accompanying documents. Once the Product has been received in the correct manner, as above, Apulian Food Srl will, at its own expense, replace the Product originally ordered.
- Right of withdrawal. 5.1. Pursuant to Art. 5, Italian Legislative Decree no. 185 of 22 May 1999, the Customer (if eligible for “consumer” classification as per Art. 1, letter b) of this Decree) has the right of withdrawal from the contract and to return the Products ordered, without penalty and without the need to state a reason, within 10 (ten) business days of receipt of the Products. 5.2. The right of withdrawal must be exercised by the Customer, under penalty of forfeiture, by recorded delivery letter or certified e-mail within 10 (ten) business days of receipt of the Products. 5.3. All returns must be perfectly intact and accompanied by the original packaging. Once the Products have been received (and their integrity verified), Apulian Food Srl will arrange for the cost of the returned Products (as indicated in the invoice) to be credited, as soon as possible, to the Customer, retaining the amount of the shipping costs for which the Customer in any event remains liable. 5.4. The Customer cannot exercise the right of withdrawal if he or she has tampered with any of the Products purchased. 5.5. If the returned goods are damaged during transportation, the Company will inform the Customer of the event (within 5 business days of receipt of the goods at its warehouse), to allow a prompt report against the transport operator (chosen by the Customer) to be made and to obtain reimbursement of the value of the goods (if insured). In such a case, the Product will be made available to the Customer for reimbursement purposes, at the same time cancelling the request for withdrawal. Apulian Food Srl shall in no circumstances be liable for damages or theft/loss of any goods returned via uninsured shipping.
- Intellectual property. 6.1. Apulian Food Srl is the owner of all rights, including the web site intellectual property rights, relating to the Products and has the right to distribute items contained in the online store catalogue. The total or partial copying, on any media, of elements that make up the web site and the catalogue and/or Products, their use and their transfer to third parties, is strictly forbidden.
- Governing law and Place of jurisdiction. 7.1. The sales agreement between the Customer and Apulian Food Srl is deemed to be concluded in Italy and governed by Italian law. 7.2. For any dispute arising in relation to the interpretation, execution or cancellation of these General Terms and Conditions or of individual purchase orders: (i) if the Customer is a consumer pursuant to the Consumer Code, the sole place of jurisdiction will be the municipality of residence or address for correspondence if located in Italy; (ii) in all other cases, the sole place of jurisdiction must be the Court of Bari, excluding all other jurisdictions.