GENERAL TERMS AND CONDITIONS OF ONLINE SALE

 

SICILYADDICT Srl , based in Mirto, Via Provinciale n. 23/A, VAT and Tax Code 03661990832, tel. 334201758, email [email protected] , REA: ME-252493, in the person of the legal representative pro tempore, hereinafter referred to as "Salesperson"

Given

- that the Seller carries out online sales activities of food products and services;

- that, in particular, the Seller manages the site www.sicilyaddict.it (hereinafter "Site");

- that the aforementioned site is intended, among other things, to allow the conduct of commercial transactions between entrepreneur and consumer, as well as between entrepreneur and users who do not act as consumers, with the consequence that certain provisions of these conditions may apply only to certain categories of Buyers;

- that on the site, more precisely, the meeting between demand and supply of the products indicated in point c of art. 1 takes place, and it is possible to conclude online sales contracts;

- that, with the expression "General Terms and Conditions of Sale", refers to the sales contract concerning the Seller's goods entered into between the Seller and the Buyer within the framework of a distance selling system organized by the Seller;

- that, for this contract, the distance communication technology will be used through the Internet network and, more precisely, via the aforementioned site www.sicilyaddict.it;

- that, therefore, these General Terms and Conditions of Sale are intended to regulate the purchase through the website www.sicilyaddict.it by the buyers;

- that the Buyer is both the consumer, that is, a natural person who makes the purchase for purposes not related to any commercial or professional activity they may carry out; and the user who does not act as a consumer;

- that the general conditions specified here refer to all contracts concluded by the Buyer with the Seller through access to the website www.sicilyaddict.it, following the procedures indicated to access the reserved area of the site dedicated to online negotiation;

- that the brand and logo related to the site are the exclusive property of the Seller;

- that in the drafting of these General Conditions, common terms used in the field of information technology are employed, and that in the event of any discrepancies regarding their interpretation or meaning, reference will be made to what is contained in the main publications of the specialized literature on the subject.

CONDITIONS

1. Definitions

1.1  In these General Terms and Conditions of Sale, the following terms have the meanings specified below:

a) "online sales contract" means the distance contract concluded between the Seller and a final consumer Buyer, through a sales system organized by the Seller, which uses the communication technology at a distance known as the internet;

b) the term "Seller" refers to Sicilyaddict Srl, better identified in the preamble, part of this contract, which manages the Site, selling the products indicated in the following point directly to users (Buyers);

c) the term "Products" refers to the food products listed in the electronic catalogs of the Site;

d) the term "Buyer" refers to the end-consumer-client, who is authorized to operate on the Site in order to purchase the products, according to the methods indicated in these general conditions;

e) "Consumer" means the natural person who purchases goods and services for purposes not related, either directly or indirectly, to any professional activity that may be carried out.

f) the term "Parties" refers to the Seller and the Buyer jointly understood;

g) the expression "Site" refers to the website corresponding to the address www.sicilyaddict.it through which it is possible to make online purchases;

h) the term "Order" refers to the purchase by the Buyer of the product identified on the Seller's Site;

i) the term "Consideration" refers to the selling price of each product.

2. Subject of the contract

2.1  These general conditions, which are made available to the Buyer for reproduction and storage pursuant to Article 12 of Legislative Decree No. 70 of April 9, 2003, concern the purchase of food products, made remotely and by means of a telematic network, through the website belonging to the Seller.

2.2  "With these general terms and conditions of contract, more specifically, the distance selling of food products indicated in the catalog published on the website belonging to the Seller is regulated."

2.3  The products subject to this contract are selected by the Buyer and added to the virtual cart, following the online purchasing procedures indicated on the site.

2.4  The Seller agrees to provide or make available to the Buyer all the products subsequently indicated, upon payment of a consideration as per Article 4 of this contract.

3. Acceptance of the terms of sale

3.1  These general conditions are valid from the day the order is placed by the Buyer.

The Seller reserves the right to modify the conditions indicated here, in which case notification will be provided through the pages of the Website and such updates/changes and/or additions will be effective for future purchases.

3.2  All purchase orders will be forwarded by the Buyer to the Seller through the completion of the purchasing procedure indicated on the Seller's Site.

3.3  The present general conditions of sale must be reviewed "online" by the Buyer before completing the purchase procedure. Therefore, the submission of the purchase order confirmation implies total knowledge of these conditions and their full acceptance.

3.4  The Buyer, by sending the confirmation of their purchase order electronically, unconditionally accepts and agrees to comply with the general and payment conditions illustrated below in their dealings with the Seller, declaring to have taken note of them, and accepting all the indications provided by the Seller pursuant to the aforementioned regulations, also acknowledging that the Seller does not consider itself bound by different conditions unless previously agreed upon in writing.

3.5  Sales operations are regulated for the consumer by the provisions of Legislative Decree No. 206 of September 6, 2005, while the protection of privacy is subject to the regulations of the current legislation on privacy.

Once the online purchase procedure is completed, the Buyer will print or save an electronic copy and in any case keep these general terms and conditions of sale, in compliance with the provisions of Articles 3 and 4 of Legislative Decree 185/1999 on distance selling.

3.6  All commercial relations between the Seller and the Buyer are governed exclusively by the following general terms and conditions of sale, excluding any other agreement unless agreed in writing; even the placement of an online order implies full acceptance of the following conditions. Any person acting on behalf of the Customer will represent and bind the Customer to the Seller, as the Customer is directly responsible for the confidential storage and use of their personal password.

4. Purchase methods and selling prices

4.1  The products, prices, and sales conditions present on the Site - within the limits of their availability - are expressed in € (EUR) and £ (GBP) and do not constitute a public offer to the consumer; therefore, they must always be considered indicative and subject to express confirmation by the Seller, which constitutes acceptance of the purchase order.

4.2 To purchase the Products, the Buyer must add the Product to the "Cart" and then fill out and submit the order form in electronic format, following the instructions contained on the Site. After reviewing the General Conditions and the Privacy Policy, the Customer must enter the shipping and billing information, select the desired payment method, and confirm the order. By accepting the Terms and Conditions of this site, the Privacy Policy is also accepted.

4.3  The order confirmation has the value of a contractual proposal, and with it, the Customer acknowledges and declares that they have reviewed all the information provided to them during the purchasing process and fully accept these General Conditions and payment terms.

The contract stipulated between Sicilyaddict Srl, the owner of the site, and the Customer is to be understood as concluded with the acceptance of the order by www.sicilyaddict.it. This acceptance is communicated to the Customer through a Confirmation email of the order itself. The Products are not provided on a trial basis. The Customer is therefore responsible for the choice of the ordered Products and their compliance with their needs.

4.4  The selling prices, as stated in the previous point, are those that appear on this site at the time of order transmission and include VAT and any other taxes, excluding shipping costs made known to the customer before the purchase confirmation.

4.5  The receipt of the order does not bind the Seller until it has expressly accepted the order itself via email, which will be sent to the Buyer.

4.6  The Buyer expressly grants the Seller the authority to accept the order partially (for example, in the event that not all ordered products are available). In this case, the contract will be considered perfected with respect to the goods actually sold.

4.7  Delivery charges are billed based on the rates indicated on this site at the time the order is placed. These rates are determined based on the size of the order and the delivery method.

4.8  Sicilyaddict.it reserves the right to change prices and shipping costs at any time and to cancel an order in case of an obvious error in the calculation system or in the data.

4.9  The minimum order quantity that can be placed is 15 € or 5 £.

4.10  When ordering products that must be delivered to a country different from the shipping country of sicilyaddict.it, the user is considered an authorized importer and must therefore comply with the laws and regulations in force in the country of receipt of the goods. You may be subject to duties or import taxes upon the arrival of the goods in your country. Additional customs clearance costs are the responsibility of the buyer. Sicilyaddict.it has no control over these costs and does not know their amount. Customs policy varies from country to country, and for further information, it is advisable to contact local customs authorities.

4.11  In all of Italy, shipping is free for all orders over 59 EUR; however, for abroad, shipping costs apply to all orders and vary based on the destination country: in any case, shipping costs will be visible at the order confirmation stage and will be automatically updated when the Customer selects a destination country other than Italy.

4.12  The Customer waives any right to compensation for damages or indemnity, as well as any contractual or non-contractual liability for direct or indirect damages to persons and/or property, caused by the non-acceptance or fulfillment, even partial, of an order.

4.13  The visual and photographic representations of the products on the Site are only for the purpose of supporting the description sheet. The photographic image of the products is solely intended to assist customers in recognizing the products. Due to possible improvements and changes in the design of packaging and containers over time, these images may not perfectly represent their characteristics but may differ in color and/or size. In case of a discrepancy between the image and the written product sheet, the description of the product sheet always prevails.

4.14  Sicilyaddict.it promotes the responsible consumption of alcoholic beverages and excludes any liability on its part in the event of purchases made by individuals under the age of 16.

4.15  At the conclusion of the contract, the order will be archived on the Server of Sicilyaddict Srl.

The Site is subject to detailed access control and through its log, any violations of this contract and the law may be ascertained.

5. Conclusion of the contract

5.1  'The Contract concluded through the Site is considered finalized at the moment the Buyer receives, via e-mail, the formal order confirmation, summarizing the order referred to in art. 4.3. The Contract is considered concluded in the location where the registered office of the Seller is situated.'

With the conclusion of the contract, the Buyer commits to the payment for the purchased products; payment may be made in advance, via Debit/Credit Card, Paypal, Bank Transfer, or cash on delivery.

PayPal (including Credit Card) :

To ensure maximum security, the Customer will make the payment transaction directly on PayPal's secure server: once the order is confirmed, the Customer will be redirected to the PayPal site where they can make the payment with their PayPal account or using a credit card or even a prepaid card.

Bank transfer :

The bank transfer must be made by the Customer within 3 days from the order date, and the arrangement must be sent simultaneously via email. If the transfer does not take place during this period, the Customer will be contacted by Customer Service to clarify whether the reason for the lack of credit is due to the Customer's decision not to confirm the purchase or other reasons.

Details for the bank transfer:

Beneficiary: Sicilyaddict Srl

IBAN: IT45L0521682100000000091689

BANK: CREVAL

Address: indicate in the reason for the bank transfer the date and the order number, which you can find in the confirmation email.

Prepaid Voucher (Gift Card) :

The Voucher (Gift Card) maialinonerodeinebrodi.it is a purchase voucher of various values that can be bought and simultaneously gifted.

The Customer (beneficiary of the Voucher (Gift Card)) must have the relevant code received via email and must enter it after selecting their preferred products by following the option available at checkout.

The Voucher (Gift Card) sicilyaddict.it cannot be refunded once purchased, but must be used for the purchase of products and services available on the portal Maialinonerodeinebrodi.it: the products and services purchased will be subject to the return rules provided and can be consulted in the appropriate section of this site.

5.2  The Buyer has the right of withdrawal within 1 hour from the receipt of the email referred to in the previous point 4.3. This term is mandatory, considering that the sale concerns perishable food products.

6. Delivery times and methods

6.1  "Once the order is received, sicilyaddict.it will check the stock for availability and will process the order as quickly as possible."

6.2  The Customer, upon receiving the order from sicilyaddict.it which corresponds to the execution of the contract, receives an email confirming the acceptance of the purchase order sent. The communication contains the order number, the date, a summary of the shipping and billing information, the list of ordered products with their essential characteristics, their price, and the amount paid.

6.3 The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure. Sicilyaddict.it issues an invoice for the goods shipped for each order placed on the Site and sends it to the Customer in electronic format via email to the address provided by the Customer. The information provided by the Customer during the purchase procedure is used for the issuance of the invoice. No modifications to the invoice will be possible after it has been issued.

6.4  All purchases will be delivered by express courier (hereinafter, "Courier") from Monday to Friday, excluding holidays and national festivities. Sicilyaddict.it is not responsible for unforeseen delays.

6.5 Once the Products have been shipped, Sicilyaddict.it will send the Customer a confirmation email that will include a link to refer to for tracking the shipment.

6.6  Shipments will be made on working days, Monday and Tuesday. Except in cases of force majeure or unforeseen circumstances, the ordered Products will be delivered, in Italy or abroad, within a period of 7 (seven) working days starting from the first useful shipping day following the day on which the Customer transmitted the order to Sicilyaddict.it and received the relevant order confirmation, unless Sicilyaddict.it communicates - within the aforementioned period - the impossibility of delivering the ordered goods due to the subsequent unavailability, even temporary, of the Products. In the event of such communication, the Customer will have the option to wait for the new availability of the missing product or to choose one or more alternative products. If the Customer decides not to choose alternative Products or to cancel the order, Sicilyaddict.it will refund any amounts already paid by the Customer within the same time frame.

If the chosen payment method is bank transfer, the delivery time referred to in the previous paragraph will start from the receipt of the related bank credit.

"No liability can be attributed to the Seller for delayed or failed delivery due to force majeure or unforeseen circumstances."

6.7  The information regarding the Products provided through the Site is constantly updated; therefore, it is not possible to guarantee the complete absence of errors.

Sicilyaddict srl reserves the right to correct errors, inaccuracies, or omissions even after an order has been placed, or to modify or update information at any time without prior notice.

7. Responsibility

7.1  The Seller assumes no responsibility for delays or non-delivery of the goods attributable to force majeure causes such as, by way of example and not limitation, accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods, and other similar events that prevent, in whole or in part, the execution of the contract within the agreed times.

7.2  The Seller shall not be liable to any party or third parties for damages, losses, and costs incurred as a result of the non-performance of the contract for the reasons mentioned above, with the Buyer having the right only to the refund of any price paid.

7.3  For everything not provided for in this contract, reference is made to the rules of sale.

8. Guarantees

8.1  The Seller guarantees the good quality of the products sold.

9. Obligations of the Buyer

9.1  The Buyer is strictly prohibited from entering false and/or invented and/or fictitious data in the electronic purchasing procedure; the personal data and email must exclusively be their own real personal data and not that of third parties or fictitious. The Buyer therefore assumes full responsibility for the accuracy and truthfulness of the data entered in the electronic registration form, aimed at completing the purchasing procedure for the products.

9.2  "It is expressly forbidden to make double registrations corresponding to a single person or to enter data of third parties. The Seller reserves the right to take legal action against any violation and abuse, in the interest and for the protection of all consumers."

9.3  The Buyer indemnifies the Seller from any liability arising from the issuance of incorrect tax documents due to errors related to the data provided by the Buyer, being the latter the sole responsible for the correct entry.

9.4  Minors under 18 years of age are not allowed to place orders through the online order form unless under the supervision of an adult family member.

10. Communications

10.1  "Save for cases expressly indicated - or established by legal obligations - communications between the Seller and the Buyer shall preferably take place via email messages to the respective electronic addresses, which shall be considered by both parties as a valid means of communication, and their production in court cannot be contested solely on the grounds of being electronic documents."

10.2  Any claims must be sent to Maialinonerodeinebrodi.it by emailing: [email protected]; or by registered mail to the following address: Sicilyaddict Srl - Via Provinciale - 98070 Mirto (Me); or by calling the following number: +39 3314201758.

11. Processing of personal data

11.1  The Buyer expressly declares that they have taken note of both the information provided by Article 13 of Legislative Decree No. 196 of June 30, 2003 (Privacy Code) and the "privacy policy" of the Site, as well as Article 13 of GDPR No. 2016/679.

11.2  The rights arising from privacy regulations and the information obligations arising from them on the part of the Seller are examined "online", before the completion of the purchase procedure. Therefore, the submission of the order confirmation implies total knowledge of the same.

11.3  The Data Controller for the collection and processing of personal data is the Seller, as specified above, in the person of its legal representative pro tempore. The rights referred to in Article 7 are exercised by making a request addressed informally to the controller, by sending a simple email to the Seller's address, who is obliged to provide communication of any changes to their data to the same address.

12. Jurisdiction and Competent Court

12.1 Any dispute regarding the application, execution, interpretation, and violation of purchase contracts concluded "online" through the Seller's website is subject to Italian jurisdiction, also in accordance with Article 3 of the Convention of June 19, 1980, No. 80/934/EEC (Rome Convention), on the law applicable to contractual obligations.

12.2  In case of disputes arising from this contract or related to it, the parties agree to seek a fair and amicable settlement among themselves.

12.3  If the dispute has not been resolved amicably, and in any case within six months from the date of its initiation, it shall be brought exclusively before the Court in whose district the Buyer/Consumer has their domicile, as provided for by Legislative Decree 206/05; in the event that the Buyer does not hold the status of final consumer, it is agreed that any dispute, even in derogation of the rules regarding territorial jurisdiction, shall be exclusively under the jurisdiction of the Court of Patti.

13. Applicable law and referral

13.1  This contract is governed by Italian law.

13.2  "As far as not expressly provided herein, the applicable legal norms governing the relationships and the cases provided for in this contract shall apply, and in any case, the provisions of the Civil Code and Legislative Decree No. 206 of September 6, 2005 (Consumer Code) shall apply."

ACCEPTANCE OF THE GENERAL CONDITIONS BY THE PURCHASER

"Pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, the Buyer, by confirming the order, declares to have carefully read these general conditions and expressly approves the following clauses:"

Art. 4 (Purchase Methods and Selling Prices)

Art. 5 (Conclusion of the contract)

Art. 6 (Delivery/Pick-up Times and Methods)

Art. 7 (Liability)

Art. 8 (Warranty)

Art. 9 (Obligations of the Buyer)

Art. 10 (Communications)

Art. 12 (Jurisdiction and Competent Court)

Art. 13 (Applicable law and referral).