1. General provisions – Scope of application
1.2 On the one hand, the Website allows small agri-foods producers (hereinafter referred to as “Producers” or “Traders“) to display and offer their food products on the Website. On the other, the Website allows potential “Buyers” or “Customers”) to search for and purchase products they like. Producers and Buyers can jointly be defined as “Users”.
1.3 In order to purchase goods through the Portal, Customers must first register a personnel account, following the procedure indicated on the Website which involves completing a form and then reading and accepting the terms and conditions of the present General Terms and Conditions. The acceptance of the Contract will take place through one-click, that is, when the mouse is positioned over the acceptance box and with a single click on the virtual button, the order is sent and payment is processed.
1.4 The administrator of the Website is the sole company Italbees di Giorgio Barbero located in Via Pigafetta 61, 10129 Torino (TO), Italy (hereinafter also referred to as “Italianfoodjoy”, “Company” or “Administrator”).
The Administrator is neither the manufacturer nor the seller or distributor of the agri-foods displayed on the Website. His role purely consists in providing a digital infrastructure that allows Producers to display their own goods online using a dedicated virtual “window” (product display page) and for Buyers to search for products and to place orders autonomously thanks to the digital tools made available by the Administrator.
1.5 The completion of the contract according to the conditions contained hereafter and its accurate execution are the sole responsibility of the Users, with the exclusion of the Website Administrator, since the Company is not part of the contract it is exempt from any liability arising from or connected with the contract. These General Terms and Conditions represent an integral part of each offer, purchase order, order confirmation or any transaction relevant to the products displayed on the Website. The updated version of the General Terms and Conditions can be found on the www.italianfoodjoy.com website.
1.6 The Customer is to be considered exclusively as a Consumer under art. 3, lett. a), Legislative Decree of 6 September 2005, no. 206 and subsequent amendments (“Consumer Code”) meaning a natural person who is acting for purposes which are outside his/her trade, business, craft or profession. Any other type of applicant that contacts www.italianfoodjoy.com will be referred to the Trader who is free to choose whether to continue the negotiations for a possible contract. It is understood that the contract terms may vary.
2. The Products – Related Information
The Customer acknowledges and is aware that information relating to the basic characteristics of the products, including prices, can be found on the Website within each product description.
3. Product orders and acceptance
3.1 Customers can purchase products exclusively by placing an order on the Website (hereinafter “Orders”). In particular, the Customer who intends to purchase the goods must first create a personal account on the Website by filling in the electronic order form and indicating the personal data necessary for the proper identification and management of the Order. The Customer can then proceed in selecting the products he intends to purchase, indicating the quantity and the delivery address. The Customer acknowledges that he must transmit the Order electronically, following the instructions present each time on the Website.
3.2 More precisely, the Customer undertakes to check the information concerning the characteristics of each product ordered, the unit price, delivery costs and times, the terms and conditions for exercising the right of withdrawal and for returning purchased products. Furthermore, the Customer is also informed and has read the technical procedure to be followed to place the Order by accessing the appropriate section of the website “How to place an order“.
3.3 The customer must verify the accuracy of the data indicated in the final phase of the Order and correct possible input errors, print out and keep the order confirmation received via e-mail and the General Terms and Conditions attached or otherwise save or reproduce a copy on a durable medium. The Order will be stored in the www.italianfoodjoy.com database for the time required to process the order. The Customer may access the Order in the section of the Website, “My Account”.
3.4 Order confirmation is sent to the Customer by www.italianfoodjoy.com on behalf of the Producer to the e-mail address indicated during the process phase of the Order. In this e-mail, the Website summarises the Order, the General Terms and Conditions, the essential characteristics of the product ordered, price, payment made, delivery method and costs, and the conditions to exercise the right of withdrawal. This communication constitutes the Producer’s valid acceptance of the contractual offer submitted by the Customer following the completion and transmission of the Order through the Website: in this way the contract between the Parties has been stipulated.
3.5 The Administrator agrees to promptly notify the Customer, on behalf of the Producers, via e-mail if the products are out of stock and to notify the Producers to refund the amount if already paid by the Customer.
4. Prices of Products – Payment Method and Terms
4.1 The prices displayed on the Website for each product are in Euro, VAT included, and are valid at the time the Order is placed.
4.2 Shipping costs described in Clause 5 are added to the total amount. The Customer will be charged with taxes, duties or charges, if applicable, as determined by custom’s law in the destination country. The invoice is issued by the Producer when the products are ready to be shipped to the Customer.
4.3 When selecting a Product, the Buyer can see the purchase price that will be paid directly to the Producer, as described in Clause 5 “Terms of delivery and shipping costs”. Once the goods have been selected, the Buyer will be directed to the payment page where the transaction with the Producer will be completed. The payment made via the Website will in all respects be considered as payment made by the Buyer directly to the Producer. The Administrator does not receive nor withhold, in whole or in part, the amount paid by the Buyers, amount that PayPal, as the payment service used, will directly process and credit to the Producer’s account. The Producer will issue an invoice and ship the goods in accordance with Clause 5 “Terms of delivery and shipping costs”. The Company will not store information related to payment methods used by the Buyers; this information will be transmitted directly to the third party provider of the payment service.
5. Terms of delivery and shipping costs
5.1 The Producers will ship the products selected and ordered by the Customer via an express courier of their choice (FedEx, UPS, other equivalent or specialised couriers) to the address indicated in the Order, provided that the information given by the Customer is accurate and true and includes all the information needed to properly deliver the goods. The shipping date is specified in each single virtual product display page and may vary depending on the type of goods and the duration of the product display page. For shipments to areas not covered by the service, the Website will block the Order before payment, interrupting the purchase process.
5.2 The products will be delivered from Monday to Friday, excluding Saturday and Sunday, from 9 am to 6 pm in the times indicated during the final phase of the Order and however not exceeding 30 days from the conclusion of this Contract . Except in the case of force majeure, unforeseeable circumstances or however in circumstances that are not foreseeable or attributable to the Producers. It is understood that the delivery of the goods related to Orders accepted on the Website on Thursday after 12 pm and on Friday, will be forwarded to the Producer the following Monday in order to preserve the integrity of the products and avoid them being held in the courier’s depots.
5.3 The products will be delivered by the courier only to a person of age present at the address indicated by the Customer at the time the Order was confirmed. Should the recipient be absent at the first delivery attempt, the courier will make a second attempt in the following days before returning the product to the sender due to absence of the recipient. Considering that some products are perishable, it is important that the Buyer or a person of his choice is present when the goods are delivered.
5.4 Failure to deliver due to the absence of the Buyer, the latter shall contact the courier to arrange a new delivery date or to collect the goods at the warehouse where they will be placed in storage. Failure to deliver due to the absence of the addressee at the address indicated by the Buyer and consequent return of the goods to the Seller, the Contract will be deemed terminated with the Buyer’s right to a refund of the amount paid. This does not apply in the case of perishable products. Any refund of the amount paid does not include the costs of storage, return and any other cost borne by the Trader or by www.italianfoodjoy.com due to the absence of the recipient.
5.5 During the delivery of the products, the Customer agrees to verify the integrity of the package delivered and that the number of packages delivered corresponds to what is indicated in the delivery note. Should the packaging bear marks other than those of the Producer (logo, brand name), or shows signs of irregularities, damage and tampering, including a discrepancy between the number of the boxes delivered, the Buyer shall sign for the package as “Unchecked” on the delivery note and provide a brief description of the irregularity. It is understood that any damage due to transportation must be notified, even via the Website, within 8 days from the date of receipt of goods, in accordance with art. 1698 of the Civil Code.
5.6 At any time, the Customer can check the delivery time of the Order and the status of the shipment by entering the tracking number indicated in the e-mail on the website of the courier chosen by the Producer and indicated in the Order acceptance e-mail.
5.7 Unless expressly indicated on the Website as a special offer, the delivery costs of the products are paid by the Customer and are clearly indicated in the Order form as well as on the website under the “Delivery times and costs” section, and are an integral and substantial part of the General Terms and Conditions.
6. Product Replacement
The Customer is entitled to ask for the products to be replaced if they were damaged during transportation, provided that the goods were signed as unchecked on delivery as indicated in the previous clause 5.5. This right must be exercised by the Customer within and no later than 8 working days from receipt of the product by sending an e-mail to firstname.lastname@example.org
The Administrator will promptly notify the Producer of the request for replacement of the damaged goods. The Producer will substitute the goods which will be sent to the Customer via courier, with no additional charge, within a reasonable time from the receipt of the request, or alternatively will reimburse the amount equal to the product to be replaced if the product is no longer available.
7. Right of Withdrawal – Product Replacement – Reimbursement
7.1 In accordance with art. 59 Legislative Decree of 06/09/2005 no. 206 and subsequent amendments (“Consumer Code”), the Buyer is aware and accepts that once the Contract has been stipulated, it is not possible to cancel the supply of goods which are liable to deteriorate or expire rapidly and of sealed goods which are not suitable for return due to health protection or hygiene reasons, if unsealed after delivery. Foodstuffs sold by Producers through the Website fall largely within the exception set out in subparagraphs d) and e) in accordance with the Consumer Code (perishable goods), without prejudice to the need to verify each time the applicability of the exception with respect to the type of food product purchased. Furthermore, the right of withdrawal does not apply to products that have a purchase value of less than 50 euro (fifty), excluding shipping costs.
7.2 Subject to the above exclusions and under art. 64 of Legislative Decree no. 206/2005, the Buyer who is also considered a consumer may exercise the Right of Withdrawal from the Contract without penalty within and no later than 14 (fourteen) days from the date of delivery of the goods. The Right of Withdrawal can be exercised by sending a written request via e-mail to the following address email@example.com In the event that the Buyer decides to exercise the right of withdrawal, the Buyer shall return the purchased product to the Producer provided that the product is returned in its entirety and has not been partially consumed, is packed in its original packaging or in a similar packaging which preserves the product and is suitable for transportation, is sealed and not accessible, and shall indicate in the request the name of the purchased product and if the package has been opened. The Buyer shall be responsible for the cost of returning the goods to the Producer. The goods must be returned within 14 (fourteen) days from the date of notification of the withdrawal statement. The Buyer will be entitled to full reimbursement of the price paid, except for products that are not reimbursable, provided that the Trader has already received the returned products or that the Buyer provides the Producer with adequate proof that the goods have been shipped.
8. Customer Obligations
The Buyer agrees to carefully read the General Terms and Conditions before purchasing the products. During registration and purchasing, the Customer will make sure that the personal data provided is true, accurate and up-to-date. Once the purchasing transaction is complete, the Customer will print out or preserve these Terms and Conditions in a durable medium, in accordance with art. 12 of Legislative Decree of 9 April 2003, no. 70. The General Terms and Conditions will be archived by the Seller on the platform server and can be viewed at any time by clicking on the link indicated on the home page. The Buyer accepts to pay the amount due according to the times and procedures indicated on the Website.
9.1 If the Buyer is considered as a consumer in accordance with Legislative Decree no. 6 September 2005, no. 206 and subsequent amendments, he may be able to avail of the legal warranty foreseen by articles 128 and following of the aforementioned decree. In the event of lack of conformity, the Buyer must report the defects encountered no later than two months after the date of discovery, unless the products are perishable or have a short shelf life, in which case the defect must be reported within this period.
9.2 The Buyer must return the goods in the their original packaging, complete with all their accessories, delivery note and a detailed description of the defects.
9.3 The request to exercise the rights related to the warranty must be received in writing via e-mail: firstname.lastname@example.org or registered post with return receipt to the following address:
Italbees di Giorgio Barbero
Via Pigafetta 61, 10129 Torino (TO)
9.4 The warranty does not cover deterioration due to normal wear and tear of the product, and does not cover defects or damage due to inadequate or improper use of the product which are attributable to external circumstances and beyond the control of the Producer.
10. Handling of personal data
11. Limitation of liability
11.1 Except as required by mandatory law, the Company expressly excludes liability for inefficiency of the Website, delay or failure to deliver the goods due to causes not directly attributable to it, such as force majeure, unforeseeable circumstances and reasons that are directly attributable to the Customer or Producers.
11.2 The Website may contain backlinks and hypertext links to third party websites. The Customer is aware of and assumes all risks resulting from the use of links that may redirect them to external sites over which the Company has no control. For these reasons, the Company declines any responsibility regarding the accuracy and the type of content featured on such web sites.
12.1 The Company is entitled to amend the General Terms and Conditions at any time. Any changes will not affect orders already completed but will apply only to subsequent transactions. By accessing the site, the Customer can view the history of changes made to the Contract, including relative integrations and updates.
13. Applicable laws and the competent courts
13.1 The present contract is governed by Italian law. Any dispute arising from this Contract, shall be brought exclusively before the Court of Turin.
13.2 If the Buyer is also considered the consumer under the Consumer Code, he may decide to take action in the court of law of residence.
13.3 In accordance with the EU Regulation of the European Parliament and of the Council No. 524/2013, please find the link to the European online dispute resolution platform: http://ec.europa.eu/consumers/odr/