Terms of service
GENERAL CONDITIONS OF SALE, in force since 03/31/2021
This information is provided for the site"http://www.carusosfood.com"(Site) owned by CARUSO'S FOOD DI ROBERTO CARUSO, based in via Sempione 9 Cornaredo MI 20010 IT, Milan Chamber of Commerce, with PVAT no11681970965 (Seller).
1.1 Any sale on the Site constitutes a distance contract governed by Chapter I, Title III (art45 et seq.) Of the Legislative Decree 6 September 2005, n206 (Consumer Code) and by Legislative Decree 9 April 2003, n70, containing the regulation of electronic commerce.
1.2 The General Conditions of Sale apply to all sales made by the Seller on the SiteThe terms indicated are to be understood as working days, therefore excluding Saturdays, Sundays and national holidays.
1.3 The General Conditions of Sale can be changed at any timeAny changes and/or new conditions will be effective from the moment of their publication on the SiteYou are therefore invited to regularly access the Site and to consult, before making any purchase, the most up-to-date version of the General Conditions of Sale.
1.4 The applicable General Conditions of Sale are those in force on the date the purchase order is sent.
1.5 These General Conditions of Sale do not regulate the sale of products and/or services by parties other than the Seller who may be present on the Site through links, banners or other hypertext links.Before carrying out commercial transactions with these subjects, it is necessary to check their conditions of saleThe Seller is not responsible for the provision of services and/or for the sale of products by such partiesOn the websites accessible through these links, the Seller does not carry out any checks and/or monitoringThe Seller is therefore not responsible for the contents of these sites or for any errors and/or omissions and/or violations of the law by them.
1.6 You are required to carefully read these General Conditions of Sale as well as all other information that the Seller provides on the Site.
1.7 The forwarding of the purchase order constitutes acceptance of these General Conditions of Sale.
Art2Purchases on the Site
2.1 The purchase on the Site can take place after registration on the Site is allowed to users who are consumersPursuant to art3, I comma, letta) of the Consumer Code, it is recalled that a natural person who acts for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out is a consumer.
2.2 The Seller reserves the right to refuse or cancel orders that come from:
- by a user with whom the Seller has an ongoing legal dispute.
2.3 Before purchasing any Food Product offered for sale on the Site, you are requested to notify the Seller if you are suffering from any type of allergy, intolerance or food intoleranceIf you do not make this communication, the Seller is in no way responsible for any type of damage that you may have suffered from the purchase of food products on the Site.
Art3Registration on the Site
3.1 To register on the Site, you must fill in the appropriate form, entering the following data:
- first name
- last name
3.2 You undertake to immediately inform the Seller in the event that you suspect or become aware of an improper use or undue disclosure of your login credentials to the Site.
3.3 The user registered on the Site guarantees that the personal information provided by him is complete and truthful and undertakes to hold the Seller harmless and indemnified from any damage, compensation obligation and/or sanction deriving from and/or in any way connected to the violation. by the user of the rules on registration on the Site or on the conservation of registration credentials and/or the provision of false, incomplete or otherwise inaccurate personal data, without prejudice to the right of the Seller to disable the user's account.
Art4Information aimed at the conclusion of the contract
4.1 In compliance with the Legislative Decree 9 April 2003, n70 containing provisions on electronic commerce, the Seller informs you that in order to conclude a purchase contract on the Site, you must fill in an order form in electronic format and send it to the Seller, electronically, following the instructions that will appear from time to time. in time on the Site, the contract is concluded when the order form reaches the Seller's server once the order form has been received, the Seller will send you the order confirmation to the e-mail address indicated, containing:
- an attachment containing the general conditions of sale
- a link to the general conditions of sale
- information relating to the characteristics of the purchase
- the indication of the price
- indication of the payment method used
- indication of delivery costs
- indication of the delivery deadline
- indication of delivery costs and any additional costs
- (if applicable) information on the right of withdrawal
- (if applicable) the standard withdrawal instructions and the standard withdrawal form.
Art5Availability of Products
5.1 The Products offered on the Site are limited in numberIt may therefore happen, also due to the possibility that several users purchase the same Product at the same time, that the ordered Product is no longer available after the transmission of the purchase order.
5.2 The Site contains information relating to the availability of each Product.
5.3 You will be informed in case of unavailability of the ordered ProductIn this case, you will be entitled to terminate the purchase contract pursuant to and for the purposes of the provisions of art61, IV and V paragraphs, of the Consumer Code.
5.4 Alternatively, you may accept:
- if a restocking is possible, an extension of the delivery terms, offered by the Seller, with indication of the new delivery deadline
- if a restocking is not possible, the Seller will supply a different product, of equivalent or higher value, upon payment, in the latter case, of the difference, and upon the express acceptance of the user
the Seller will offer a discount voucher to be used for purchases on the SiteThe amount of the discount coupon, the term within which it can be used and any limitations will be communicated by the Seller from time to time.
5.5 If a refund is requested for the amount paid for the purchase of Products which later proved to be unavailable, the Seller will make the refund within a maximum period of 15 days.
5.6 In the event that you make use of the right of termination pursuant to art61, IV and V paragraphs, Consumer Code, the contract is terminated; in the event that the payment of the total amount due, consisting of the price of the Product, the shipping costs, if applicable, and any other additional cost, as resulting from the order (Total Amount Due) has already taken place, the Seller will reimburse the Total Amount Due in accordance with the provisions of the article"Methods of payment"below.
6.1 Each product is accompanied by an information page that illustrates its main characteristics (Information Sheet)The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possibleThe colors of the Products, however, may differ from the real ones due to the settings of the computer systems or computers used by you for their display.Furthermore, the images of the Product in the Information Sheet may differ in size or in relation to any accessory productsThese images must therefore be intended as indicative and with the tolerances of use.
7.1 All the prices of the Products published on the Site are inclusive of the Value Added Tax.
7.2 The Seller reserves the right to change the price of the Products, at any time, without notice, it being understood that the price charged to you will be that indicated on the Site at the time the order is placed and that any variations (increasing or decreasing) subsequent to the transmission of the same.
7.3 Shipping costs, if any, are expressly and separately indicated in the order form, before the user proceeds to transmit it.
8.1 The Seller will ship the Products only after having received confirmation of the payment authorization or after having credited the Total Amount Due.The ownership of the Products will be transferred to you at the time of shipment, to be understood as the moment of delivery of the Product to the carrierThe risk of loss or damage to the Products, for reasons not attributable to the Seller, on the other hand, will be transferred to you when you, or a third party designated by you and other than the carrier, materially comes into possession of the Products.
The Service you have chosen will be carried out only after the payment of the Total Amount DueThe Seller reserves the right not to provide the service if, after submitting your purchase order, it is ascertained that you have not paid all or part of the Total Amount Due.
8.2 The purchase contract is conditional on the non-payment of the Total Amount DueUnless otherwise agreed in writing with you, the order will consequently be canceled.
8.3 In order to send a purchase order, it is necessary to read and approve these General Conditions of Sale, by selecting the appropriate box on the purchase procedure pagesFailure to accept these General Conditions of Sale will make it impossible to make purchases on the Site.
Art9Terms of payment
9.1 The following payment methods are allowed on the Site:
9.2 The Seller accepts the credit cards of the circuits:
MasterCard (Cirrus Maestro)
In any case, they are indicated in the footer of each page of the Site.
On the Site you will have the possibility to authorize the storage of the payment card data entered and their reuse for the payment of subsequent purchases on the Site.You can revoke the authorization to reuse the payment card data for subsequent purchases by following the instructions on the Site.
The charge will be made only after (i) the details of your payment card used for payment have been verified and (ii) the company issuing the payment card you used has issued the authorization to charge.
The confidential data of the payment card (card number, holder, expiration date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by the Seller.The Seller therefore never has access to and does not store, even if you choose to store such data on the Site, the details of your payment card used to pay for the Products.
The charge will be made at the time the order is placed.
9.3 On the Site it is also possible to make purchases using the PayPal payment solutionIf you choose PayPal as a payment method, you will be redirected to the website www.paypal.it where you will make the payment according to the procedure provided and governed by PayPal and the terms and conditions of the contract agreed between the user and PayPal.The data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared with the SellerThe Seller is therefore not able to know and does not store in any way the data of the payment card connected to your PayPal account or the data of any other payment instrument connected with this account.
In the case of payment via PayPal, the Total Amount Due will be charged to you by PayPal at the same time as the conclusion of the contract through the Site.In case of termination of the purchase contract and in any other case of reimbursement, for any reason, the amount of the reimbursement due to you will be credited to the PayPal account of the same.The credit times on the payment instrument connected to this account depend exclusively on PayPal and the banking systemOnce the credit order has been placed in favor of this account, the Seller cannot be held responsible for any delays or omissions in crediting the refund amount, to contest which you must contact PayPal directly.Any type of refund to be made pursuant to these General Conditions of Sale will be credited to your PayPal account.
9.4 In the event that you choose bank transfer as the payment method, after placing the order you can make the payment to the bank details indicated on the Site.
In the case of payment by bank transfer, the delivery times of the Product indicated in the Product Sheet and/or on the Site will start from the date of receipt of the transfer by the Seller and not from the date of transmission of the order, as is the case in where you choose other payment methods.
Unless otherwise agreed, the Services will be rendered only after receipt of the Total Amount Due by bank transfer.
Please indicate the following data in the purpose of the transfer:
the order reference number.
From the sending of the order you must arrange the payment within 2 working daysFailing this, the Seller reserves the right to cancel the order within the next 3 working days.
Art10Delivery of Products
10.1 There are no limitations on delivery, except in the cases indicated on the Site and/or in the Product Sheet.
10.2 Delivery is subject to a fee for orders of less than or equal to € 79.00; for higher amounts delivery is free.
10.3 Starting from the date the order is sent, the Products will be delivered within 5 days and, in any case, within thirty days from the date of conclusion of the contract.
10.4 It is up to you to check the conditions of the delivered ProductWithout prejudice to the fact that the risk of loss or damage to the Product, for reasons not attributable to the Seller, is transferred when you, or a third party designated by you and other than the carrier, materially comes into possession of the Product, the Seller recommends that you verify the number of Products received and that the packaging is intact, not damaged, nor wet or otherwise altered, even in the closing materials and we invite you, in your interest, to indicate any anomalies on the transport document of the carrier, accepting the package with reserveIn the event that the package shows evident signs of tampering or alteration, it is advisable to promptly notify the SellerIn any case, the application of the rules on the right of withdrawal (if existing for the Product) and the legal guarantee of conformity remains valid.
Art11Right of withdrawal
11.1 In the event of a purchase on the Site, unless otherwise indicated, you do not enjoy the right of withdrawal provided for by art52 of the Consumer Code with reference to the Product or Products indicated in this articleIn fact, sealed goods are sold on the Site which cannot be returned for reasons of hygiene or health protection.
All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by Articles128-135 of the Consumer Code (Legal Guarantee).
Who it applies to
The Legal Guarantee is reserved for consumersTherefore, it applies only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
When it applies
The Seller is liable to the consumer for any lack of conformity of the Product which occurs within two years of such deliveryThe lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.
Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity.Starting from the seventh month following the delivery of the Product, it will instead be the responsibility of the consumer to prove that the lack of conformity already existed at the time of delivery of the same.
In order to take advantage of the Legal Guarantee, the consumer must therefore first provide proof of the date of purchase and delivery of the goodsTherefore, for the purposes of this proof, the consumer should keep the purchase invoice or any other document that can certify the date of the purchase (for example the statement of the payment card) and the date delivery.
In the event of termination of the contract, the Seller will return the total amount paid to the consumer, consisting of the purchase price of the Product, the shipping costs and any other additional cost.In the event of a price reduction, the Seller will refund the amount of the reduction, previously agreed with the consumerThe amount of the refund or reduction will be credited to the means or payment solution used by the consumer for the purchase.
The Seller is not liable in the event of damage, of any nature whatsoever, deriving from the use of the Product improperly and/or not in accordance with the instructions provided by the manufacturer as well as in the event of damage deriving from unforeseeable circumstances or force majeure.
Art13Applicable law and competent court; out-of-court settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution
13.1 The purchase contracts concluded through the Site are governed by Italian lawThis is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence.
13.2 We remind you that in the case of a consumer user, the court of the place where the user resides or has elected domicile is competent for any dispute relating to the application, execution and interpretation of this document.
13.3 Pursuant to art141-sexies, paragraph 3 of the Consumer Code, the Seller informs the user who holds the status of consumer pursuant to art3, paragraph 1, letta) of the Consumer Code, which, in the event that he has submitted a complaint directly to the Seller, as a result of which it has not been possible to resolve the dispute thus arisen, the Seller will provide information regarding the body or bodies of Alternative Dispute Resolution for the out-of-court resolution of disputes relating to obligations deriving from a contract concluded on the basis of these General Conditions of Sale (ADR bodies, as indicated in articles141-bis and ssConsumer Code), specifying whether or not it intends to use these bodies to resolve the dispute.
13.4 The Seller also informs the user who holds the status of consumer pursuant to art3, paragraph 1, letter a) of the Consumer Code that a European platform has been established for the online resolution of consumer disputes (so-calledODR platform)The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online resolution procedure of the dispute in which he is involved.
13.5 The right of the consumer user to appeal to the ordinary competent court of the dispute deriving from these General Conditions of Sale, whatever the outcome of the out-of-court settlement procedure of disputes relating to consumer relationships by resorting to procedures, are reserved. referred to in Part V, Title II-bis of the Consumer Code.
13.6 The user who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, to the European procedure established for disputes of modest entity, by Regulation (EC) no861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00The text of the regulation is available on the website www.eur-lex.europa.eu.