General conditions of online sale

1. Introduction

These general conditions of sale have as their object the regulation of the remote purchase of products offered for sale via the internet from the website www.caviar.it and are governed by the Italian legislation referred to in Legislative Decree 206/2005 (Consumer Code ) and subsequent amendments and additions, by Legislative Decree 70/2003 - in implementation of the European Directive 2001/31 / EC - on Electronic Commerce, by EU Regulation 679/2016 on the Protection of Personal Data, by Legislative Decree no. Lgs 21/2014 - in implementation of the European Directive 2011/83 / EU on the subject of Cookie Policy, together with the rules of the Italian Civil Code on contracts.

The seller of the products and owner of the website www.caviar.it is Caviar Import S.r.l., with legal and operational headquarters in Via P.S. Mattarella, 20 / B 30037 Gardigiano di Scorzè (VE) Tax Code / VAT 03946810276 and registration in the Venice Business Register no. 03946810276, REA: 352071- E-mail address info@caviar.it - info@caviale.it.

The customer who accesses the site www.caviar.it and intends to make purchases, is required to carefully read these General Conditions, available on the site and available at any time also through the link contained in the order confirmation email.

In the event that the customer who makes purchases on the website www.caviar.it is not a "consumer or user" as defined in art. 3, paragraph 1, lett. a), of the Consumer Code, the withdrawal regulations pursuant to art. 8 of these General Conditions nor, more generally, the provisions that pursuant to the same Consumer Code apply only to "consumers".

Contracts concluded with Caviar Import S.r.l. through the website www.caviar.it are governed by these General Conditions in compliance with Italian law. The language available to conclude the contract is Italian.

2. Orders and product availability

The characteristics and the price of the products for sale on www.caviar.it are shown in the description for each product.

To purchase the products, the Customer must complete and send the order form in electronic format, following the instructions on the site. The Customer must add the product to the "Cart", enter the billing and shipping data, select the desired payment method and, after having read and confirmed the General Conditions of Sale and the Privacy Policy, confirm the order. .

By sending the order from the site www.caviar.it, which has the value of a contractual proposal, the Customer acknowledges and declares that he has read all the information provided during the purchase procedure and that he fully accepts these General Conditions and payment transcribed.

The contract stipulated between Caviar Import S.r.l. and the Customer must be considered concluded with the acceptance of the order by Caviar Import S.r.l .. This acceptance is communicated to the Customer through an order confirmation email containing a reference to these General Conditions, the order number, shipping and billing data, the list of products ordered and the total price, including any delivery costs. The Customer will check the confirmation email and if he identifies errors in the order, he will have 12 hours from receiving this email to contact Customer Service. After this deadline, the order will be processed for shipment and changes will no longer be accepted, without prejudice to the rights of the Customer referred to in Article 8 below.

Once the order is received, Caviar Import S.r.l. will check the availability of stock for order fulfillment but, while striving to ensure constant supply of the warehouse, cannot guarantee the uninterrupted availability of products.

In the event that one or more products are not available, Caviar Import S.r.l. will send timely communication via email to the Customer who, within the next 12 hours, will have the right to reply to confirm the shipment of any additional products available or cancel it. If there is no response within this period, the order will be considered confirmed, the available products will be shipped and the amount relating to the missing products will be reversed immediately depending on the chosen payment method.
If the total unavailability of the products in the order should be found only after payment has been made, Caviar Import S.r.l. will make the transfer of the amount paid by reimbursement depending on the payment method used.

Caviar Import S.r.l. will keep a copy of the orders received and the acceptances sent for a reasonable period of time, in compliance with the Applicable Law. The aforementioned documentation will be stored on the company's data server and will be accessible to personnel who need to consult it in relation to their duties, for the correct execution of the contractual conditions. The documentation will also be accessible to third parties for the sole purpose of executing the conditions, in addition to those entitled to access under the Applicable Law.

The customer declares to be of age and to possess the capacity to act necessary for the signing of a contract having the force of law between the parties and that the information provided at the time of placing the order is up-to-date, accurate and sufficient for the order fulfillment.

It is forbidden for the customer to enter false and / or invented data in the registration procedure necessary to activate the procedure for the execution of this contract and related further communications for him; the personal data and the e-mail address must be exclusively their real personal data and not those of third parties, or fictional ones.
It is forbidden to make double registrations corresponding to a single person or to enter data of third parties. The company reserves the right to legally pursue any violation and abuse, in the interest and for the protection of consumers. The customer releases the company from any liability arising from the issue of incorrect tax documents due to errors in the data provided by the customer, as the customer himself is solely responsible for the correct entry.

3. Product Information

The information and characteristics relating to the products are available on the website www.caviar.it.

The representation of the products on the website www.caviar.it corresponds to the photographic image accompanying the description sheet and is intended to present them for sale. It is understood that the image of the products being only representative of its characteristics and quality does not constitute a contractual element and may slightly differ from the actual product.

4. Prices

The prices of the products are expressed in Euros and include VAT.

Before confirming the order, Caviar Import S.r.l. reserves the right to communicate any errors or changes relating to the amount of the price contained in the product sheet.
Upon the occurrence of this eventuality Caviar Import S.r.l. will promptly inform the customer by sending a communication, to ensure the customer can cancel the order. If the customer decides to process the order, he accepts the price as modified, it being understood that, in the event of any discrepancies, the new price will prevail.

5. Methods of payment

The customer can pay by credit card, PayPal or bank transfer in advance. The communications relating to the payment and the data communicated by the customer when this is done take place on protected lines and with the guarantees ensured by the use of the security protocols provided by the payment circuits.

The credit card transaction will be carried out directly on the bank's secure server in order to guarantee maximum security.

As for payment via PayPal, once the order is confirmed, the Customer will be redirected to the PayPal site where he can make the payment with his account, or using a prepaid card, or in any case according to the methods accepted by Paypal.

The customer who opts for payment by bank transfer must do the same within 3 days from the order date. Only by crediting the current account in the name of Caviar Import S.r.l. and indicated by it on the purchase form, the order will be confirmed and the goods will be sent. In case of non-payment within 3 working days, the order will be canceled. Caviar Import S.r.l. will reserve the right to contact the Customer who has not made the transfer in order to clarify whether the cause of the non-credit is due to the Customer's will not to confirm the purchase or to other causes. The Customer must indicate the date and order number in the reason for the transfer.

Caviar Import S.r.l. is not responsible for any fraudulent or illegal use by third parties, of credit cards and other means of payment, upon payment itself. As already stated, the company, at no time during the purchase procedure is able to know the buyer's credit card number which, by opening a secure connection, is transmitted directly to the banking service manager.

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6. Invoicing of orders

If the purchase is made by a company or a professional, it will be possible to request an invoice by selecting the appropriate box during the order procedure and entering the billing information including tax code and / or VAT number. In this case, the invoice will be sent by email to the address indicated. The company or professional will be responsible for correctly entering the billing information.

7. Shipping and delivery

Shipping throughout Italy is free for orders over € 90 (islands excluded). For orders below € 90 there will be a charge of € 10. For the islands in Italy and Europe the shipping costs will amount to € 18.

By agreement with Customer Service, the customer can choose his own carrier, it being understood that the transport will take place at his own risk, care and expense and that payment can only be made in advance.

The products purchased on the website www.caviar.it will be delivered to the address indicated by the Customer during the purchase procedure in the appropriate "Shipping Data" field.

All purchases will be delivered by express courier from Monday to Friday, excluding holidays. By prior agreement, a delivery on Saturday can also be agreed.
Except in case of force majeure, the shipment will take place as soon as the ordered products are available and after receipt of payment, generally within 24 / 48h working days.

If the customer is not present at the delivery, the courier will leave a notice; the customer must immediately contact the Caviar Import S.r.l. Customer Service. by phone or email to fix the delivery on another date. In the event that it does not, the Customer Service will contact the Customer at the telephone number or email address indicated in the order. If the customer is not traceable or is absent, the goods will return to our warehouse and the contract will be considered terminated. No compensation will be paid by Caviar Import S.r.l. in case of failure to collect the product by the customer.

Caviar Import S.r.l. reserves the right to charge the customer for any additional costs, due to changes made to the delivery address, not promptly communicated.

If the final consumer customer refuses to receive or fails to receive the delivery of the product in accordance with the provisions of these general conditions of sale, all risks associated with the loss or damage of the products will in any case be borne by him.
Caviar Import S.r.l. is not responsible for unforeseeable delivery delays or not attributable to it, for product failures, or for inefficiencies attributable to force majeure such as accidents, strikes and / or lockouts, earthquakes, floods and other similar events that prevented, in whole or in part, to execute the contract within the agreed time frame, nor to break in the package or damage to the packaging during transport.

Upon receipt of the goods, the customer is obliged to immediately check the integrity of the package and in case of damage to put a note with the wording "conditional acceptance" on the delivery note and immediately inform Caviar Import S.r.l. by written communication to info@caviar.it.

Should the product be damaged, adulterated or modified in its organoleptic composition, the company invites the customer not to take or ingest the product itself and to report the damage using the contact details previously indicated.

Caviar Import S.r.l. is not responsible for damage caused by taking a product that is adulterated or damaged in its organoleptic composition, due to lack of verification by the customer.

If Caviar Import S.r.l. is unable to fulfill the terms of the delivery date, the Customer will be promptly notified and will be able to agree with the Customer Service on a new delivery date or cancel the order with the consequent refund of the amount paid.

8. Right of withdrawal

The customer has the right of withdrawal within 14 days of receipt of the goods. However, given the perishable nature of some of our products and as an exception listed in Article 59 of the Consumer Code, the right of withdrawal does not apply to perishable products or products with short-term expiration, therefore Caviar Import S.r.l. reserves the right to evaluate the admissibility of requests for withdrawal.

The Customer has the right to withdraw from the purchase contract without the need for explanations and without any penalty, except in the cases of exclusion provided for in point 8.1 below. To exercise this right, the Customer must send Caviar Import S.r.l. a communication within 14 days from the date of receipt of the products, within 24 hours of receipt of the goods in the case of perishable products. This communication must be sent by certified email to caviarimportsrl@pec.it or by registered letter with return receipt, addressed to:

Caviar Import S.r.l.
c.a. Returns and Refunds Office
Via P. S. Mattarella, 20 / B
30037 Gardigiano of Scorzè (VE)

Caviar Import S.r.l. Customer Service will proceed, once the communication has been received, to open a file for the management of the return and to communicate to the Customer the instructions on how to return the products, which will take place by courier indicated by Caviar Import S.r.l ..

Caviar Import S.r.l. has the right to inspect the goods and accept the return on condition that the packages are intact and the return instructions have been respected. In the period prior to collection by the courier in charge, the goods must be kept at the temperature indicated on the label (eg caviar and butter in the refrigerator, saffron in a cool and dry place, etc.) and re-packaged in its original packaging (polystyrene box and any ice briquettes).

In case of exercise of the right of withdrawal Caviar Import S.r.l. will refund the customer the full amount of the returned goods, excluding shipping costs. The refund will be made within the terms of the law, through the same payment method made by the customer, without prejudice to the right of Caviar Import S.r.l. to suspend payment until the actual receipt of the goods.

In order to guarantee free returns, the products must be returned in the same box and with the same packaging method in which they were received.

8.1 Exclusion of the right of withdrawal

The right of withdrawal is excluded in the following cases:

- order of products made to order or customized;
- order of sealed products that have been opened after delivery;
- order of products that risk deteriorating or expiring rapidly as the characteristics and qualities of these types of products are subject to alteration also as a result of inappropriate storage. For reasons of hygiene and customer protection, the right of withdrawal is only applicable for products purchased on the website www.caviar.it which can be returned and put back on the market without endangering the health of consumers.
- in the event that the customer is not identifiable as a private person.

In cases where the right of withdrawal is excluded, Caviar Import S.r.l. will return the purchased products to the Customer, charging the shipping costs to the Customer.

9. Warranty and lack of conformity

In case of defective or non-compliant products, the Customer must contact Customer Service by email at info@caviar.it within 24 hours of receiving the goods.

The legal guarantees provided for in articles 129, 130 and 132 of the Consumer Code apply to the sale of the products. The Customer has the right, at his choice and provided that the type of product allows it, to replace the item, to terminate the contract with full refund or to an adequate price reduction, without any additional expense.

Caviar Import S.r.l. will agree with the Customer on the possible collection of the goods and will reserve the right to verify the disputed non-compliance. In case of confirmation, it will dispatch the replacement goods or refund with re-credit depending on the payment method used.

10. Errors and Limitations of Liability

The information relating to the products provided by the site is constantly updated. However, it is not possible to guarantee the complete absence of errors of which Caviar Import S.r.l. will not be held responsible, except in cases of willful misconduct or gross negligence.

Caviar Import S.r.l. reserves the right to correct inaccuracies or omissions even after an order has been sent, or to change or update information at any time without prior notice, without prejudice to the Customer's rights under these General Conditions and the Code of the Consumption.

The availability of each item is purely indicative and the seller cannot be held responsible for the unavailability of one or more products.

The risks relating to the products will be borne by the customer from the time of delivery of the order and the customer will acquire ownership of the same.

Except for willful misconduct or gross negligence, any right of the Customer to compensation for damages or the recognition of compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and / or things, caused by the non-acceptance or evasion, even partial. , of an order.

Caviar Import S.r.l. assumes no responsibility for inefficiencies attributable to the courier, the internet or due to force majeure or unforeseeable circumstances.

11. Complaints

Any complaint must be forwarded to Caviar Import S.r.l. by email to info@caviar.it or by calling +39.041961610 from Monday to Friday, from 8.30 to 12.30 and from 13.30 to 17. Caviar Import S.r.l. undertakes to respond to all requests received within a maximum of 7 working days.

12. Applicable law and competent court

The sales contract between the customer and Caviar Import S.r.l. it is understood to be concluded in Italy and governed by Italian law. For the solution of disputes relating to the interpretation, execution or resolution of these General Conditions or of individual purchase orders if the Customer is a consumer pursuant to the Consumer Code, the court of his / her Municipality of residence or of domicile if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Venice, any other competent court excluded.

13. Communications

Any communication or notice in relation to these conditions must be made via certified e-mail to caviarimportsrl@pec.it or registered letter with return receipt to the address indicated in the contact section.

The last address or contact communicated by the customer will be the address to which the communications required by the Applicable Law relating to legal proceedings must be addressed, before the election of domicile with the attorney in office.

All communication is considered received upon receipt of the registered letter with return receipt.

14. Contract termination and express termination clause

Caviar Import S.r.l. has the right to terminate the stipulated contract by simply communicating it to the customer indicating the reason; in this case, the customer will only be entitled to a refund of any sum already paid.

The obligations assumed by the customer on the basis of these contractual conditions, as well as the guarantee of successful payment, have an essential character, so that by express agreement, the customer's non-fulfillment of only one of the aforementioned obligations, will result in the termination of law. of the contract pursuant to article 1456 of the Italian Civil Code, without the need for a judicial decision, without prejudice to the right of the company to take legal action for compensation for further damage.

15. Privacy, cookies, and conditions of use of www.caviar.it

For the privacy legislation, cookies and conditions of use of the e-commerce website www.caviar.it, please refer to the specific dedicated sections.

*** Pursuant to Article 1341 of the Italian Civil Code the Customer declares to have read and specifically accepted the following articles of these General Conditions: 7 (responsibility for delays in delivery), 10 (right to correct errors - disclaimers), 14 (contractual termination and express termination clause).