General conditions of sale
(under Chapter I, title 3, part 3, of Italian Legislative Decree No. 206/2005 as subsequently amended and supplemented)
1. Recitals and validity of the General Conditions of Sale
These General Conditions of Sale (hereinafter, “General Conditions”) regulate the online selling of products and services made available, via the Internet, on the website www.poddesucarni.com (hereinafter, the “Site”) and the relative payment and delivery, in compliance with the Italian legislation referred to in Legislative Decree No. 206/2005 as subsequently amended and supplemented (hereinafter, “Italian Consumer Code”).
The seller of the products and owner of the Site is: Poddesu Srl. with registered office in Via Carloforte 60, 09123 Cagliari (CA), tax code/VAT no. 03632630921, certified email (PEC) address poddesu@facilepec.com .
The person who accesses the Site to make purchases (hereinafter “Customer”) is required, before sending the order, to carefully read these General Conditions - which constitute a binding agreement - made available to him/her on the Site and which can be consulted at any time by the Customer including through the link contained in the confirmation email of each order to allow him/her to reproduce and store them.
In the event that the person making purchases on the Site requests the issuance of an invoice and/or in any event is not a “consumer or user” as defined in Article 3, paragraph 1, letter a) of the Italian Consumer Code, the withdrawal provisions under Articles 7 and 8 of these General Conditions or, more generally, the provisions which, under the same Consumer Code, apply only to “consumers” do not apply.
Contracts concluded with Eataly through the Site are governed by these General Conditions in compliance with Italian law.
The characteristics and price of the various products on sale on the Site (hereinafter the “Product” or “Products”) are shown on the page relating to each Product.
To purchase the Products, the Customer must complete and submit the order form in electronic format, following the instructions contained on the Site. The Customer must add the Product to the Basket and, after having read these General Conditions and the Privacy Policy and confirmed their acceptance, must enter the shipping and billing data, if any, select the desired payment method and confirm the order.
By submitting the order from the Site, which has the value of a contractual offer, the Customer acknowledges and confirms that he/she has read all the information provided during the purchase procedure and fully accepts these General and Payment Conditions, as well as the Privacy Policy.
The contract entered into between Poddesu srl and the Customer is considered concluded with the acceptance of the order by Poddesu srl. This acceptance will be communicated to the Customer via an order confirmation email containing a reference to these General Conditions, the order number, shipping and billing data, the list of Products ordered with their essential characteristics, the total price - including delivery costs - and the payment method used. The Customer must check the confirmation email and if he/she identifies errors in the order (billing or shipping address, contact information or similar) he/she has a pre-established deadline from receipt of the email to contact Customer Service directly via email to info@poddesucarni.com . This deadline is 12 hours. Requests to change the contents of the basket will not be accepted. After this deadline, the order will be processed for shipment and no further changes will be accepted, without prejudice to the Customer’s rights referred to in Article 7 below.
On receipt of the order, Poddesu srl reserves the right to check the actual availability of the products ordered; in the event of one or more Products are not available, Poddesu srl will send a notice to the customer who can select a different option: in the Basket he/she can in fact opt to have the product replaced with a similar one, or to remove the product missing from the order.
In the event of one or more missing products, Poddesu srl will not charge the relative price. If the payment for the order was made by bank transfer, the refund will take place according to the methods described in Article 5.3 of these General Conditions.
If variable weight products are purchased (meat, fish, fruit and vegetables, bread, dairy products, etc.), the measurements and weight indicated on the Site are indicative; Poddesu srl does its best not to deviate from the required weight, however there may be slight variations, both over and under the required weight. For the methods of charging the actual amount of the expense, please refer to Article 5.2 of these General Conditions.
2. Product Information
Product information and characteristics are available, with the relative Product codes, on the Site. It is understood that the information relating to the delivered Products may be different from that shown on the Site for reasons not attributable to Poddesu srl (e.g. changes made by the manufacturer to the Product). Therefore it is always necessary to check the label and the information shown on the delivered Product. Poddesu srl assumes no liability for the information on the Products provided by individual suppliers.
The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be perfectly representative of their characteristics and qualities but may differ in graphics, colour and size. If there is a difference between the image and the written product sheet, the product sheet description always prevails.
Product prices are inclusive of all taxes and duties. All prices are expressed in Euros.
When entering the order, the customer will be asked for the post code of the address to which he/she intends to send the shopping and the system will check in real time if the Delivery service is available for that destination. Poddesu srl delivers the shopping only through the methods and to the areas specified on the Site on the basis of the entered post code. Therefore it assumes no liability and does not guarantee delivery for any incorrect addresses not covered by the specific service.
3. Delivery
3.1. Delivery in Italy/Europe:
Delivery has a variable cost, not included in the price of the Products, which will be specifically indicated (in Euros and inclusive of VAT) at the checkout before confirming the order.
4. Payment and billing
4.1. Payment methods
The Customer can pay the price of the Products and the relative delivery costs by credit card, PayPal, and bank transfer in advance. Payment by cheque is not accepted.
To ensure maximum transaction security, Poddesu srl does not store the Customer’s payment data, and the transaction takes place on secure servers, through the partners built into the Site who manage all online payments. The reference credit institution uses the SSL protocol to encrypt the data transmitted between its server and the Customer’s browser.
· Credit card
The Site accepts the following payment methods:
Visa
Mastercard
The reference credit institution uses the SSL protocol to encrypt the data transmitted between its server and the Customer’s browser. These data are not recorded by the Poddesu srl website.
· PayPal
Once the order has been confirmed, the Customer will be redirected to the PayPal site where he/she can pay using his/her account, a card (including prepaid) or in any event in accordance with the methods accepted by PayPal and in compliance with the relative conditions.
· Bonifico bancario
Advance bank transfer payment is available. The Customer must make the transfer within 24 hours from the date of the order for orders relating to Products. If payment is not received within 24 hours, the order will be cancelled.
Data for the bank transfer: account name: PODDESU SRL.
IBAN: IT25 H030 6904 8591 0000 0003 102
Bank: INTESA SAN PAOLO
Reason for payment: the Customer must indicate the date and order number in the reason for the bank transfer, which can be found in the confirmation email (e.g., “Order 01/01/21 no. 100012345”).
4.2. Payment authorization and capture
4.2.1 Payment authorization and capture for the sale of physical products
For the sale of physical products - in the case of payment by Credit Card or PayPal - on confirmation of the order by the Customer, the actual payment will take place, plus shipping costs and any ancillary services requested by the Customer.
To protect the Customer, if a product is replaced with another of lesser value, the lower cost will be charged. If a product is replaced with another of a higher price, only the cost of the product originally chosen by the Customer during the purchase will be charged.
4.3 Refunds
In the event of a refund, it is the Customer’s responsibility to provide the bank details for the refund (account holder, name and address of the Bank, IBAN). In this case, the refund will be made within 10 business days of receiving all the information necessary for the payment of the sum.
The crediting of the Customer’s account will take place in a short time, according to the timeframes established by the selected payment method or by the bank.
4.4 Order billing
If the Customer so requests, it is possible to request the issuance of the invoice by selecting the appropriate box during the order procedure and entering the billing data including the tax code and/or VAT number, any company name and the electronic invoice Recipient Code (Codice Destinatario SDI). In this case, the invoice will be automatically sent to the customer’s electronic tax box (cassetto fiscale), according to the law. The customer is responsible for entering the billing data correctly and is expressly informed that, if the invoice is not requested when ordering, it is not possible to request it later.
5. Transport and delivery
The Products purchased on the Site are delivered to the address indicated by the Customer during the purchase procedure in the appropriate “Shipping” field.
Once the Products have been shipped, the Customer will receive a shipment confirmation email in which it will be
5.1 Standard Delivery - Services available in Europe:
The service includes two delivery attempts at the address indicated at the time of the order. A notice will be left after each attempt. On the second unsuccessful delivery attempt, or in the case of incorrect address details, the Courier will contact the recipient by telephone at the telephone number indicated in the order, to arrange delivery. If the Customer cannot be traced or is absent, the goods will return to the warehouse and the Customer will be charged for the delivery costs of the Products. No refund will be given of the price charged for Products that can no longer be sold to third parties (e.g. fresh or easily perishable products such as meat,) nor of the shipping cost.
Right of withdrawal
the right of withdrawal is excluded in the following cases, under Article 59 of Italian Legislative Decree No. 21/2014:
- orders of Products tailor-made or clearly customized;
- orders of Products that are liable to deteriorate or expire rapidly;
- orders of sealed Products which are not suitable for return for hygienic or health protection reasons or which have been opened after delivery.
In the cases where the right of withdrawal is excluded as listed above, the Customer is specifically informed and accepts that these include all meat and food Products, since the characteristics and qualities of these types of Products are subject to alteration including as a result of inappropriate storage. Therefore, for reasons of hygiene and customer protection, the right of withdrawal is not available.
6. Order cancellation, postponement or change of shipping address
The Customer may cancel, postpone or request a change of shipping address for the order within a limited period of time from the conclusion of the order; this deadline is 12 hours. After this deadline, the order will be processed and it will no longer be possible to request cancellation or change of shipping address.
The Customer must contact Customer Service directly from the Site using the appropriate contact email info@poddesucarni.com .
Poddesu srl reserves the right to cancel the order in the event of unforeseeable difficulties, informing the Customer by email, or, subject to agreement with the same, changing the day and/or time of delivery.
7. Warranty and defects
In the event of defects in Products sold by Poddesu srl, the Customer must immediately contact Customer Service using the appropriate contact email info@poddesucarni.com. The legal warranties provided for by Articles 129, 130 and 132 of the Italian Consumer Code apply to the sale of the Products. The Customer has the right, in his/her discretion and on condition that the type of Product permits it, to have the Product defect remedied, free of charge, by means of repair or replacement, or to an appropriate price reduction or to terminate the contract.
8. Errors and disclaimers
The information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which Poddesu srl cannot therefore be held liable, except in the case of willful misconduct or gross negligence.
Poddesu srl reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update information at any time without prior notice, without prejudice to the Customer’s rights under these General Conditions and the Italian Consumer Code.
Except in the event of willful misconduct or gross negligence, any right of the Customer to compensation for damages or the payment of an indemnity is excluded, as well as any contractual or tortious liability for direct or indirect damage to persons and/or property, caused by the non-acceptance or non-fulfilment, including partial, of an order.
9. Complaints
Any complaint must be forwarded to Poddesu srl using the appropriate contact email info@poddesucarni.com, or by registered letter with return receipt and/or certified email (PEC) to the following address:
Poddesu srl
Via Carloforte, 60
09123 Cagliari
PEC: poddesu@facilepec.com
Poddesu srl will process the Customer’s personal data in full compliance with the relevant applicable legislation and in accordance with its privacy policy which the Customer confirms that he/she has read and fully accepted.
10. Online Dispute Resolution (ODR)
Under Article 14 of Regulation (EU) no. 524/2013, the Customer is informed that in the event of a dispute, he/she may file a complaint through the ODR platform of the European Union. The ODR platform is an access point for Customers who wish to resolve disputes arising from online sales or service contracts out-of-court.
11. Applicable law and jurisdiction
The sales contract between the Customer and Poddesu srl is entered into in Italy and governed by Italian law. For the resolution of disputes relating to the interpretation, performance or termination of these General Conditions or of individual purchase orders if the Customer is a consumer under the Italian Consumer Code, the Court of the Customer’s municipality of residence or domicile has exclusive jurisdiction if within Italy; in all other cases, the Court of Cagliari has exclusive jurisdiction. Any other jurisdiction is excluded.
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Under Article 1341 of the Italian Civil Code, the Customer confirms that he/she has read and specifically accepted the following articles of these General Conditions: 6 (liability for delays in delivery), 9 (right to correct errors - disclaimers).