(pursuant to Chapter I, Title 3, Part 3, of Legislative Decree 206/2005 and subsequent amendments and additions)
1. INTRODUCTION AND EFFECTIVENESS OF THE GENERAL CONDITIONS
These general conditions of sale (hereinafter the “General Conditions”) concern the regulation of the purchase of products and services, carried out at a distance and made available, via the internet, from the website www.folpopcorn.com (hereinafter , the “Site”) in compliance with Italian law pursuant to Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter “Consumer Code”).
The seller of the products and owner of the Site is: A2F2 s.r.l. with registered office in Via Villar Focchiardo 5, 10138 Turin (TO), C.F / P.I. and registration in the Turin Company Register no. 11141890019, REA: TO – 1190838 – Email address: email@example.com (hereinafter “FOL”).
The consumer who accesses the Site to make purchases (hereinafter “Customer”) is required, before sending the order, to carefully read these General Conditions which have been made available to him on the Site and which will be available at any time by the Customer also through the link contained in the e-mail confirming each order to allow it to be reproduced and stored.
In the event that the person who makes purchases on the Site requires the issuance of an invoice and / or in any case is not a “consumer or user” as defined in art. 3, paragraph 1, lett. a), of the Consumer Code, the discipline of withdrawal pursuant to art. 7 and 8 of these General Conditions nor, more generally, the provisions that pursuant to the same Consumer Code apply only to “consumers”.
The contracts concluded with FOL through the Site are governed by these General Conditions in compliance with Italian law. The language available to conclude the contract is Italian or English. The language can be modified by the user using the appropriate link placed on the main pages of the Site.
2. CHOOSE AND ORDER THE PRODUCTS
The characteristics and the price of the various products on sale on the Site (hereinafter “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 “Shopping Cart” and, after having read the General Conditions and the Policy of Privacy and confirmed their acceptance, will have to enter the shipping and billing information,
select the desired payment method and confirm the order.
By sending the order from the Site, which has the value of a contractual proposal, the Customer acknowledges and declares to have read all the indications provided during the purchase procedure and to fully accept these transcribed General Conditions and payment terms. The receipt by Nero Scuro of the contract proposal is confirmed with a specific summary email.
After the confirmation of the receipt of the contract proposal, the customer has 4 hours to change the order sent, immediately communicating it to the email address: firstname.lastname@example.org. Once the 4 hours have passed, the order will be put into production and therefore will no longer be modifiable by the customer.
Once the order has been received, FOL will check the availability of stock for processing the order. In the event that one or more Products are not available, the FOL Customer Service will promptly send an e-mail to the Customer who, within the following 12 hours, will have the right to reply to confirm the shipment of any other available Products or cancel it. In case of no reply within this deadline, the order will be considered confirmed and the available Products will be shipped. In this case, the entire amount relating to the missing Products will be canceled or, depending on the chosen payment method, will not be charged to the Customer.
The contract stipulated between FOL and the Customer must be considered concluded with the acceptance of the order by FOL. This acceptance is communicated to the Customer via an e-mail confirming shipment of the order containing a reference to these General Conditions, the order number, the shipping and invoicing data, the list of Products ordered with their essential characteristics and the total price, including delivery costs.
Other emails sent before the shipment of the products are not to be considered as an implicit or explicit acceptance of the order.
3. INFORMATION ON THE PRODUCTS
The information and characteristics relating to the Products are available on the Website.
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 fully representative of its characteristics and quality but may differ, for example, in color and size. In the event of a difference between the image and the written product sheet, the description of the form always prevails
4. PRICES AND SHIPMENTS
Product prices include all taxes and duties. All prices are in Euro. Shipping costs are determined by the system and shown to the customer before payment.
The indicative rates currently applied are available on this page and may change at any time.
In the event of discrepancies between the shipping costs shown on the aforementioned page and the shipping costs calculated on the site during the checkout phase, these last always do. No refund will be due by FOL to the customer in the event that the rates calculated at checkout are higher than what is reported on this page.
5. METHOD OF PAYMENT AND BILLING
5.1 PAYMENT METHODS
The Customer can pay the price of the Products and the relative delivery costs by bank transfer, Credit Card or PayPal.
The circuits on which it is possible to buy within the Site are:
– Visa / Visa Electron
– Mastercard / Maestro
– American Express
To ensure maximum security, the transaction will be carried out on the website of the financial operator that processes the payment (payment gateway).
The Website does not store the Customer’s credit card number and therefore cannot be held responsible for any fraudulent use of the aforementioned payment instruments.
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 card, also prepaid, or in any case according to the methods accepted by Paypal and in compliance with the relative conditions.
5.2 BILLING OF ORDERS
If the purchase is made by a professional, it will be possible to request the issue of the invoice
sending invoicing data including tax code and / or VAT registration number to email@example.com. In this case the invoice will be sent via email to the address indicated. The professional is responsible for the correct insertion of the invoicing data and is expressly informed that, in case of failure to request the invoice during the order, it will not be possible to request it later.
6. TRANSPORT AND DELIVERY
The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure in the “Shipping Information” field.
All purchases will be delivered through the normal postal service or by express courier (hereinafter, “Courier”) from Monday to Friday, excluding holidays and national holidays. FOL is not responsible for unforeseeable delays or not attributable to it.
In the case of untracked shipments, FOL is not responsible for any loss of the package shipped.
Once the Products have been shipped, the Customer will receive a confirmation email.
In any case, except in cases of force majeure or unforeseeable circumstances, the ordered Products will be delivered within a period of 7 (seven) working days starting from the day following that on which FOL confirmed the order to the Customer via a specific e-mail of order confirmation. The aforementioned deadline of 7 working days applies to shipments in Italy and abroad in the countries indicated on the Delivery times page, with the sole exception of countries outside the European Union for which the 7-day deadline may be increased depending on the different local customs clearance times.
Delivery services active in Italy:
DHL express courier
The conditions relating to this transport are reported on the website www.dhl.com, the service provider. In any case, FOL reserves the right to use other couriers at any time if the service offered by these couriers is more efficient or effective.
Delivery services active abroad:
Shipments abroad may take place with different couriers depending on the country of destination
so as to ensure the customer the best available rate.
Maximum weight of the shipment abroad: 120 Kg
7. RIGHT OF WITHDRAWAL
The Customer has the right to withdraw from the purchase contract for any reason, without needing to provide explanations and without any penalty, except for the cases of exclusion explicitly provided for in the following point IV. To exercise this right, the Customer must send FOL a written communication within 14 days from the date of receipt of the Products by registered letter or, if he intends to exercise the withdrawal before receiving the Products, the withdrawal notice may be sent at any time before of their reception.
This communication must be sent by registered letter with return receipt addressed to:
Via Villar Focchiardo 5
10138 Turin (TO)
and anticipated by email at firstname.lastname@example.org.
The Customer Service of FOL will provide, once received the communication, to open a file for the management of the return and to communicate to the Customer the instructions on how to return the Products.
The right of withdrawal is governed by the following conditions:
I. The right applies to the Product purchased in its entirety; therefore, if the Product is composed of several components or parts, it is not possible to exercise the withdrawal only on part of the purchased Product.
II. In case of exercise of the right of recess, FOL will reimburse the customer the full amount of the returned goods, including shipping costs where applicable, within 14 days from the date on which the withdrawal notice was received, without prejudice to FOL’s right to suspend the payment of the reimbursement until the actual receipt of the goods. The refund will be made using the same payment method used by the Customer.
III. Products must be returned in the same box in which they were received.
IV. In addition to the cases indicated in the Introduction (customer not a consumer and / or requiring an invoice), the right of withdrawal is excluded in the following cases, pursuant to art. 59 Legislative Decree 21/2014:
– order of products made or made to measure. For clarity, this category includes packs of popcorn specially prepared on order, of whatever taste and / or format you want;
– order for Products that are likely to deteriorate or expire rapidly;
– order for sealed products that do not lend themselves to being returned for hygienic reasons or connected to health protection or that have been opened after delivery.
With reference to the cases of exclusion of the above-mentioned withdrawal, the Customer, in particular, is informed and accepts that all of the Products that among the “Products made or made to measure” and / or “Products that risk to deteriorate or expire rapidly” include all Food products offered on the site, as the characteristics and qualities of these types of Products are subject to alteration also as a consequence of inappropriate storage.