GENERAL TERMS AND CONDITIONS OF ONLINE SALE

 

SICILYADDICT Srl , based in Mirto, Via Provinciale no. 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 website www.sicilyaddict.it (hereinafter "Site");

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

- which, by the expression "General Terms and Conditions of Sale," means the sales contract relating to the Seller's goods entered into between the Seller and the Buyer within a distance selling system organized by the Seller;

- that, for this contract, remote communication technology will be used through the Internet network and, more precisely, through the aforementioned website 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 buyers;

- that the Buyer is both the consumer, meaning a natural person who makes the purchase for purposes not related to any commercial or professional activity carried 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 the logo related to the site are the exclusive property of the Seller;

- that in the drafting of these General Conditions, terms commonly 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 the content 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 meaning specified below:

a) by "online sales contract" is meant the distance contract concluded between the Seller and a final consumer Buyer, through a sales system organized by the Seller, which uses the remote communication technology called internet;

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

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-customer, who is authorized to operate on the Site in order to purchase products, according to the methods indicated in these general conditions;

e) by "Consumer" is meant the natural person who purchases goods and services for purposes not directly or indirectly related to any professional activity they may carry out.

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

g) the term "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" means the purchase by the Buyer of the product identified on the Seller's Website;

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 art. 12, Legislative Decree 9 April 2003, no. 70, concern the purchase of food products, made remotely and via telematic network, through the Website belonging to the Seller.

2.2  These general terms and conditions of contract specifically regulate the distance sale of food products listed in the catalog published on the Seller's Website.

2.3  The products subject to this contract are chosen by the Buyer and added to the virtual cart, following the online purchase procedures indicated on the website.

2.4  The Seller undertakes to provide or make available to the Buyer all the products subsequently indicated, upon payment of a fee as per art. 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 given through the pages of the Website and such updates/modifications 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 purchase procedure indicated on the Seller's Website.

3.3  These general terms and conditions of sale must be reviewed "online" by the Buyer before completing the purchase procedure. Therefore, sending the purchase order confirmation implies full knowledge of and complete acceptance of these terms.

3.4  The Buyer, by electronically sending the confirmation of their purchase order, unconditionally accepts and agrees to comply with the general and payment conditions outlined below in their dealings with the Seller, declaring to have reviewed 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 transactions 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 privacy legislation.

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 sales.

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 upon in writing; even placing an online order implies full acceptance of the following conditions. Any person acting on behalf of the Customer will represent and bind them towards the Seller, since the customer themselves 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 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 electronically, following the instructions 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 constitutes a contractual offer, and by it, the Customer acknowledges and declares that they have reviewed all the information provided during the purchase process and fully accept these General and Payment Conditions.

The contract concluded between Sicilyaddict Srl, owner of the site, and the Customer is considered finalized upon acceptance of the order by www.sicilyaddict.it. This acceptance is communicated to the Customer through an Order Confirmation email. The Products are not provided on a trial basis. Therefore, the Customer is responsible for the choice of the ordered Products and their suitability for their needs.

4.4  The selling prices, referred to in the previous point, are those shown on this site at the date of order transmission and include VAT and all other taxes, excluding shipping costs disclosed to the customer before purchase confirmation.

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

4.6  The Buyer expressly grants the Seller the right to accept the order even partially (for example, in the case where not all ordered products are available). In such case, the contract shall 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 date the order is placed. These rates are determined according to 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 data.

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

4.10  When ordering products to be delivered to a country different from the shipping country of sicilyaddict.it, the user is considered an authorized importer and must, as such, comply with the laws and regulations in force in the country receiving the goods. Import duties or taxes may apply 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 policies vary from country to country, and for further information, it is advisable to contact local customs authorities.

4.11  Shipping is free throughout Italy for all orders over 79.90 EUR; however, for international orders, shipping costs apply to all orders and vary depending on the destination country: in any case, the shipping costs will be visible at the order confirmation stage and automatically updated when the Customer selects a destination country other than Italy.

NB, For islands and remote areas free shipping is not available, the standard shipping rate is €12.90. For cash on delivery there is an additional cost of €4.
It is possible to insure the shipment with an additional cost of €5. 

4.12  Any right of the Customer to compensation or indemnity is excluded, as well as any contractual or non-contractual liability for direct or indirect damage to persons and/or property caused by the failure to accept or fulfill, even partially, an order.

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

4.14  Sicilyaddict.it promotes the responsible consumption of alcoholic beverages and excludes any liability in the event of purchase made by minors under 16 years of age.

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

The Site is subject to detailed access control and through its log any violations of this contract and the law can 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 confirmation of the order, summarizing the order referred to in art. 4.3. The Contract is considered concluded at the location of the Seller's registered office.

With the conclusion of the contract, the Buyer commits to the payment of the purchased products; payment can 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 by 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 instruction must be sent simultaneously via email. If the transfer does not take place within this period, the Customer will be contacted by Customer Service to clarify whether the reason for the missing credit is due to the Customer's intention not to confirm the purchase or other causes.

Data for the bank transfer:

Beneficiary: Sicilyaddict Srl

IBAN: IT45L0521682100000000091689

BANK: CREVAL

Address: indicate the date and order number in the transfer reason, 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 (voucher (Gift Card) beneficiary) must have the corresponding code received via email and must enter it after selecting the 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 Maialinonerodeinebrodi.it portal: the purchased products and services will be subject to the return policies provided and available in the dedicated 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 deadline is non-extendable, 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 proceed to fulfill the order as soon as possible.

6.2  The Customer, upon receipt of the order by 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 related to the goods shipped for each order placed on the Site, and sends it to the Customer in electronic format via email to the address indicated by the Customer. The information provided by the Customer during the purchase procedure is binding for the issuance of the invoice. It will not be possible to make any changes to the invoice after issuance.

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

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

6.6  Shipments will be made on the working days of 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 available shipping day following the day on which the Customer transmitted the order to Sicilyaddict.it and received the related 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.

Where the chosen payment method is bank transfer, the delivery term referred to in the previous paragraph shall commence from the receipt of the relevant 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 related to 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 the information at any time without prior notice.

7. Responsibility

7.1  The Seller assumes no responsibility for delay or failure to deliver the goods due to force majeure events 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 time.

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 above-mentioned reasons, with the Buyer having the right only to the refund of any price paid.

7.3  For all matters not covered by 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. Buyer's Obligations

9.1  It is strictly forbidden for the Buyer to enter false, invented, or fictitious data in the electronic purchase procedure; the personal data and email must be exclusively 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 product purchase procedure.

9.2  It is expressly forbidden to make duplicate 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, the latter being solely responsible for the correct entry.

9.4  Minors under 18 years old are not authorized, except under the supervision of an adult family member, to place orders through the online order form.

10. Communications

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

10.2  Any complaints must be sent to Maialinonerodeinebrodi.it by emailing: [email protected]; or by registered mail with return receipt 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 to have taken note of both the information provided for by art. 13 of Legislative Decree 30 June 2003, no. 196 (Privacy Code), and the Site's "privacy policy", as well as pursuant to art. 13 GDPR no. 2016/679.

11.2  The rights arising from privacy regulations and the related information obligations incumbent on the Seller are reviewed "online" before completing the purchase procedure. Therefore, sending the order confirmation implies full knowledge of these.

11.3  The Data Controller for the collection and processing of personal data is the Seller, as specified above, represented by its pro tempore legal representative. The rights under Article 7 are exercised by submitting a request informally to the controller, by sending a simple email to the Seller's address, who is required to provide notification of any changes to their data to the same address.

12. Jurisdiction and competent court

12.1 Any dispute relating to the application, execution, interpretation, and breach of purchase contracts concluded "online" through the Seller's Website is subject to Italian jurisdiction, also according to the provisions of art. 3, Convention of 19 June 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 an equitable and amicable settlement between themselves.

12.3  If the dispute has not been amicably resolved, and in any case within six months from the date it began, it will be brought exclusively before the Court in the district where the Buyer/Consumer has their domicile, as provided by Legislative Decree 206/05; in the event that the Buyer does not have the status of final consumer, it is agreed that any dispute, even overriding the rules relating to territorial jurisdiction, will be under the exclusive jurisdiction of the Court of Patti.

13. Applicable law and referral

13.1  This contract is governed by Italian law.

13.2  Unless expressly provided otherwise here, the applicable legal provisions governing the relationships and cases set forth 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 Sale Prices)

Art. 5 (Conclusion of the contract)

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

Art. 7 (Responsibility)

Art. 8 (Warranty)

Art. 9 (Obligations of the Buyer)

Art. 10 (Communications)

Art. 12 (Jurisdiction and Competent Court)

Art. 13 (Applicable law and referral).