General Terms and Conditions
1. Scope of application
1.1 These General Terms and Conditions are accepted and agreed by the parties and form an integral and substantial part of any offer, purchase order and purchase order confirmation of the products marketed by I Colli del Bio Srl and they govern the preliminary phases, the conclusion and the performance of the contract.
1.2 Any changes to these General Terms and Conditions shall be communicated to the customers by being published on the website icollidelbio.solunet.ited and shall only apply to contracts concluded afterwards.
1.3 The proposed sale of the products constitutes an offer to the public to individuals with an email address at the prices and with the procedures and restrictions indicated on the website icollidelbio.solunet.it and in these General Terms and Conditions.
1.4 The products for which these General Terms and Conditions apply are offered for sale by I Colli del Bio Srl, with registered office in Tortona (AL), via Perosi no. 10, registered with the Chambers of Commerce of Alessandria under no. AL - 254321of the Companies’ Register, fiscal code and VAT no. 02420320067.
2.1 Each product shall be supplied with: the name, brand name, quantity, price and the main features as indicated by the manufacturer or the supplier. The photographs or the graphic designs of the products may differ from those of the delivered products. The product offered is only applicable if there are available stocks. All of the correctly filled in purchase orders which are sent to I Colli del Bio Srl must contain all the information in order to identify the customer and the place of delivery of the products.
2.2 The purchase orders sent to I Colli del Bio Srl form a contractual offer of the customer. No order may be sent without the customer having previously and expressly indicated in the correct box to have read and accepted the General Terms and Conditions. Before purchasing the products using the purchase form, the customer will be asked to carefully read these General Terms and Conditions, to print a copy using the print option and to save or reproduce a copy. A summary of the commercial terms and conditions and the contractual offer of the products will also be available, which will summaries the main features of each product ordered with the relevant price (including all applicable taxes and charges), the payment means which can be used to purchase each product, the delivery procedures for the purchased products, the complaint handling procedures, the shipping and delivery costs; reference will also be made to the shipping and email address of I Colli del Bio Srl and the date by which I Colli del Bio Srl undertakes to deliver the goods. Furthermore, I Colli del Bio Srl will display summary information on the right of withdrawal indicating the procedures and the timeframes for the return of the purchased products. Information will also be given regarding the circumstances in which the customer is no longer entitled to withdraw from the contract. The customer will be informed that, in the event of withdrawal, he must bear the cost of returning the product. In any event, the customer will be reminded of the existence of the legal warranty compliance of the goods and will be provided with information regarding post-sales customer service.
2.3 In the order form, which is displayed immediately before entering into the purchase contract, I Colli del Bio Srl shall provide summary information concerning the main features of each product ordered, the price (including all applicable taxes and charges) and the shipping costs (including any additional costs to be incurred as a result of having chosen different types of shipping and delivery and/or those faster than the standard type). At the time of submitting the order form I Colli del Bio Srl shall notify the customer that such submission entails the obligation to pay the price indicated.
2.4 The order confirmation, which I Colli del Bio Srl shall send to the customer’s email address indicated in the appropriate order form, shall confirm the order data and shall constitute an acceptance of the customer’s contractual offer. Such communication shall contain these General Terms and Conditions and the summary information on the right of withdrawal. The contract shall be concluded and binding for both of the parties at the time whereby I Colli del Bio Srl sends the order confirmation to the customer.
3.1 I Colli del Bio Srl shall deliver the selected and ordered products by means of couriers.
3.2 The delivery shall be made to the address indicated in the order which may differ from the address of the customer.
3.3 The customer who wishes to change the delivery address of the goods, after placing the order, may contact Customer Service by phone or via email and request the change, the request will be accepted if the order has “not yet been processed”.
3.4 Delivery of the products shall be subject to payment by the customer of the relevant price and shipping costs, if any, in accordance with the manner selected from the options made available by I Colli del Bio Srl.
3.5 In the event that some of the items of the order are no longer available following the sending of the order confirmation to the customer, it is up to I Colli del Bio Srl to inform the customer in order to agree the partial delivery and/or to possibly supplement the order with similar products.
3.6 Delivery terms and conditions other than those set forth by the General Terms and Conditions must be agreed between the customer and I Colli del Bio Srl and accepted in writing by the latter.
3.7 At the time of shipping the goods, an email shall be sent to the customer to the specified email address which will indicate the courier and the shipping number. If the customer does not indicate a place at the time of delivery, then a notice will be sent and the customer shall be responsible for contacting the courier as soon as possible in order to arrange for delivery.
3.8 I Colli del Bio Srl shall be exempt from any liability concerning:
- any disruption, delay or failure in delivery which is due to unforeseeable circumstances or events of force majeure. An “event of force majeure” includes but is not limited to, strikes of carriers/couriers used by I Colli del Bio as well as any other circumstance which is beyond the control of I Colli del Bio Srl. “Unforeseeable circumstance” means a sudden and unforeseeable event which impacts on the action of the party and for which the party is not responsible.
- an improper and/or incompatible use which does not comply with the specifications of the purchased product.
In the event that, save for cases of willful misconduct or gross negligence, I Colli del Bio Srl is found to be liable for breach of contract, it is hereby agreed that the obligation to compensate the customer shall not exceed the value of the products purchased, for which the dispute arose. In case of defective and/or non-delivery by the courier, I Colli del Bio Srl shall only be responsible for replacing the courier.
In no event I Colli del Bio Srl shall be held liable for the customer’s loss of earnings.
4.1 All sales prices of the products listed on the website icollidelbio.solunet.it are expressed in Euro. The products with variable weights (e.g. fruit, vegetables, meat, fresh fish and general delicatessen products) are indicated on the website icollidelbio.solunet.it with pre-established amounts and weights and are subject to natural weight variations or differences in weight between one unit and another.
4.2 The prices of the products constitute an offer to the public and include VAT, with the exception of transport and other costs payable in respect of taxes or charges imposed by the applicable law of the country of destination of the goods.
4.3 The products’ prices are updated in real time and are those indicated on the website icollidelbio.solunet.it at the time the customer sends the purchase order. Price changes which occur afterwards will not have any effect on the orders already placed.
4.4 Promotional offers on the website icollidelbio.solunet.it are not cumulative and are valid only as long as stocks last according to the procedures and the purchase limits expressly indicated from time to time. The promotional products offered may be delivered with packaging different from the example shown on the website.
5.1 Each order shall be duly issued with a receipt which will be sent with the shipment. The invoice shall be issued on the customer’s express request.
6.1 The customer undertakes, once having completed on the online purchase procedure, to print and/or retain a copy of these General Terms and Conditions.
6.2The customer must not provide false or invented names, aliases, nicknames or similar, and the personal data and email address provided at the time of placing the order must refer to the customer only and in no case can refer to a third party.
7.1 The customer who wishes to cancel the order may contact Customer Service through the contact us section and request the cancellation of the order. The request will only be accepted if the order has “not yet been processed”.
7.2 The customer who is not satisfied with the purchase, is entitled to withdraw from the contract and return the already delivered goods, without incurring any penalty and without giving reasons.
7.3 The customer is entitled to withdraw from the contract concluded with I Colli del BioSrl, without incurring any penalty and giving reasons, within fourteen (14) days from the receipt of the products purchased from the website icollidelbio.solunet.it. The right of withdrawal may be exercised by completing the Withdrawal Form (complying with the standard form under article 49, paragraph 4 of the Italian Consumer Code) and directly electronically submitting it through the website icollidelbio.solunet.it, or by compiling and submitting to I Colli del Bio Srl another express statement of the intention to withdraw from the contract. If the customer choses to use the Withdrawal Form submitted directly through the online website icollidelbio.solunet.it., I Colli del Bio Srl shall send the confirmation of receipt of the withdrawal request via email. If the customer decides to use another way to send the withdrawal request, then the burden of proving the proper and timely exercise of the right of withdrawal shall rest on the customer.
7.4 The customer may not exercise the right of withdrawal in the event that a) the supply of the packaged goods are made to measure or are clearly personalized (e.g. “sliced” cured meats and other delicatessen products); b) the supply are goods are liable to deteriorate or expire rapidly (e.g. fresh and perishable food products such as meat, fish, frozen foods, vegetables, dairy products, cured meats and delicatessen products which are not long-life); c) the supply of sealed audio or video recordings or sealed computer software which were opened following delivery and the supply of newspapers, periodicals and magazines; d) the supply of sealed goods which cannot be returned once opened due to hygienic reasons or goods related to the protection of health and which have been opened following delivery; e) the supply of alcoholic beverages, whose price was agreed at the time of concluding the contract of sale, the delivery of which can only take place after thirty days and whose current value depends on the market fluctuations which cannot be controlled by the trader.
7.5 If the withdrawal is performed in accordance with the above conditions, the amount paid for the products and the delivery costs will be credited to the purchaser’s bank account by bank transfer.
7.6 The reimbursement is free of charge and will be performed as soon as possible and in any event within 14 days from the date on which I Colli del Bio Srl became aware of the customer’s exercise of the right of withdrawal. The reimbursement may be suspended until the goods are received or, if earlier, until the customer is able to prove to have returned the goods.
7.7 Within 14 business days from the exercise of the right of withdrawal, the customer is required to send or deliver the products to the following address: Via Emilia, 385 15057 Tortona (AL).
7.8 The products must be returned undamaged, intact and in the original packaging or with another box of the same size and strength. It is understood that once the goods reach our warehouse they will be examined for any damage or tampering. The customer is liable only for the diminished value of the products resulting from a use other than their intended use. If the customer does not comply with the procedures and time limits for the exercise of the right of withdrawal, within 3days from the sending of the email informing of the non-acceptance of the returned product, the customer may choose to re-obtain, at its own expense, the products in the same condition as which they were returned to I Colli del Bio Srl, notifying I Colli del Bio Srl, in accordance with the procedures which will be communicated. Otherwise, I Colli del Bio Srl will be entitled to retain the products, in addition to the amounts already paid for their purchase. If the value of the returned products has decreased resulting from use other than the products’ intended use, the customer will not be entitled to be fully reimbursed for the amounts already paid to I Colli del Bio Srl. The customer shall, in fact, be liable for the reduction in value of the returned products resulting from a use other than the product’s legally intended use. In this case, a percentage between 10 and 90 percent of the amounts paid to I Colli del Bio Srl for the purchase of the returned products shall be deducted from the reimbursement, as will be specifically communicated by I Colli del Bio Srl via email. Within 3 days from the sending of such email, the customer may choose to re-obtain, at its own expense, the products in the same condition as which they were returned to I Colli del Bio Srl, notifying I Colli del Bio Srl, in accordance with the procedures which will be communicated. Otherwise, I Colli del Bio Srl will be entitled to retain the products and an amount corresponding to the deducted percentage on the reimbursement.
The only costs for the customer in exercising the right of withdrawal are the direct costs for returning the products.
7.9 In relation to the reimbursement, the customer may choose one of the following ways: (i) provision of a voucher, to be spent within one year from its issuance; (ii) reaccrediting of money (to the bank account indicated in the registered letter with the acknowledgement of receipt: (CIN code, ABI, code CAB Code, account number, account holder)).
8. Damaged products – product liability.
8.1 The customer is entitled to return the products and request their replacement in the event that they may possibly be damaged during transport. Such right must be exercised by the customer by contacting I Colli del Bio Srl or, at the time of delivery of the package by the courier. Any observed damages or lack of number of parcels must be immediately reported to the courier which effected the delivery and timely communicated to I Colli del Bio Srl.
8.2 Pursuant to articles 114 and following of the Italian Consumer Code, I Colli del Bio Srl shall be liable for damages caused by defective goods in the event that it fails to inform the injured party, within the term of three months from the request, of the identity and domiciled address of the manufacturer or the person who supplied the good. Such request from the injured party must be performed in writing and must indicate the product which caused the damage, the place and date of the purchase; the request must also contain the offer to examine the product, if still existing, I Colli del Bio Srl cannot be deemed liable for the consequences deriving from a defective product if the defect is due to the product conforming to a mandatory law or a binding provision or if the level of scientific and technical knowledge at the time when the product was put into circulation was such so as to not consider the product as being defective. No compensation for damages shall be payable if the injured party was aware that the product was defective and voluntary exposed himself to the risk. In any event, the injured party must prove the causal link between the defect and the damage. The injured party may request compensation for damages caused by death or personal injury or the destruction or impairment of property other than the defective product, provided that such property is ordinarily intended for private use or consumption and is mainly used by the injured party. However, the damage to property under article 123 of the Italian Consumer Code shall be compensated only if the damage exceeds the amount of Euro three hundred and eighty-seven (Euro 387).
I Colli del bio Srl agrees to the following payment methods for the purchased products:
- Credit card
- Direct bank transfer (through Banca Sella services) valid only in Italy
10. Applicable law
10.1 These General Terms and Conditions are governed by the Italian law and especially by Legislative Decree of 6 September 2005 no. 206, on the consumer code under Chapter 1 “of the Consumers’ contractual rights”, with special reference to the rules of distance contracts as well as being governed by Legislative Decree of 9 April 2003 no. 70 on certain aspects of electronic commerce.
11.1 In relation to the communications set forth under these General Terms and Conditions, the customer may contact I Colli del Bio Srl in the following ways:
Telephone: +39 333 2617193 (from Monday to Friday from 9.00 a.m. until 11.00 a.m. and from 4.00 p.m. until 6.00 p.m.)