Terms & Conditions
Terms & Conditions
1) GENERAL LINES AND REGULATIONS GOVERNING THE ONLINE CONTRACT.
The general conditions listed below form an integral part of the online sales contract stipulated via the Internet between the buyer - consumer, which will be referred to below as the "CUSTOMER", and ALPASSOFOOD, which will be referred to below as the "SELLER" and regulate its preliminary stages, conclusion and execution.
The legislation that mainly regulates this type of sale is represented by Legislative Decree 70/2003, Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter defined as the Consumer Code), Legislative Decree 21/2014 and by articles 1341 and following. of the Italian Civil Code.
Any changes to these general conditions of sale will be made known through publication on the site and will be valid only for contracts concluded after their entry into force.
The consumer who accesses the Site to make purchases is required, before sending the order, to carefully read these General Conditions that 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.
Contracts concluded with Alpassofood through the Site are governed by these General Conditions in compliance with Italian law. The language available to conclude the contract is Italian.
2) OBJECT OF THE CONTRACT.
The contract relates to the purchase and sale of products that the SELLER, based in Circonvallazione Clodia, 167 - 00195 Rome, sells "online", or using the remote sales system created through the Internet through the site www.alpassofood .com
3) PURCHASE ORDERS.
Purchase orders for products on sale must be made through the website “www.alpassofood.com” by choosing the desired products from the available products and adding them to the appropriate telematic cart. These orders placed for the purposes of the law are to be considered as a contractual purchase proposal.
The features and the price of the various products sold on the Website (hereinafter "Product" or "Products") are shown on the page relevant to each Product.
To purchase the Products, the Customer must complete and send the order form in electronic format, following the instructions contained on the Site. The Customer must add the Product to the "Cart" and, after having read the General Conditions and the Policy of Privacy and confirmed their acceptance, must enter the shipping and billing information, select the desired payment method and confirm the order.
4) FINALIZATION OF THE CONTRACT.
This telematic contract, in the light of the higher regulations, is considered concluded when the CUSTOMER receives by e-mail from the SELLER the communication of the acceptance of the order by the latter.
This communication will contain a reference to these General Conditions, the order number, the shipping and billing data, the list of Products ordered with their essential characteristics and the total price, including delivery costs.
5) INFORMATION ON PRODUCTS
The information and features are available, with their related Product codes, on the Website.
The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description sheet. 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 its characteristics and quality but may differ in color and size. In case of difference between the image and the written product sheet, the description of the product sheet always prevails.
In the "offers" category there may be products close to expiry.
6) PRICE OF THE GOOD.
The sales prices of the products indicated in the price list on the site are expressed in Euro (€). They constitute an offer to the public and are to be considered inclusive of VAT. Transport costs are excluded from the indicated price and are explained in the appropriate section.
Furthermore, any additional costs due to taxes or duties provided for by the legislation in force in the country of destination of the goods are charged to the CUSTOMER.
The SELLER expressly reserves the right to change the prices indicated on its website at any time, however undertaking to apply the rates in force at the time of their formulation to the proposals made.
7) METHOD OF PAYMENT OF THE PURCHASED GOODS.
The SELLER agrees to the following methods of payment for the purchased products:
- Payment by credit card.
To ensure maximum security, the Customer will carry out the payment transaction directly on the bank's secure server. The Site does not store the Customer's credit card number, but thanks to the protected communication system of the reference credit institution, from the second expense, the Customer who wishes - by selecting the appropriate option - will be able to proceed with the purchase without re-entering your details. The reference credit institution uses the SSL protocol to encrypt the data transmitted between its server and the Client's browser.
- Payment through the guaranteed PayPal system.
To pay with the PayPal circuit, just follow the instructions offered by the site during the payment phase and enter the data of your prepaid credit card or the data relating to the coordinates of your bank account. The circuit guarantees security in transactions formed by the over ten-year partnership with the famous Ebay site. The fast and secure payment method of the ebay group.
8) BILLING FOR ORDERS
If the purchase is made by a professional, it will be possible to request an invoice by selecting the appropriate box during the order procedure and entering the billing data including tax code and / or VAT number. In this case the invoice will be sent by e-mail to the address indicated. The professional is responsible for the correct insertion of billing 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.
9) DELIVERY OF PRODUCTS AND LIMITS OF LIABILITY.
The products will be delivered by the SELLER to the CUSTOMER at the address indicated by him at the time the order is placed. Fresh products subject to natural perishability will be packaged in special isothermal containers accompanied by ice-gel bags. This system allows the maintenance of the controlled temperature for the time necessary for the delivery of the goods. The shipment of fresh products subject to natural deterioration takes place from Monday to Friday, excluding holidays and national holidays.
In case of absence of the CUSTOMER at the time of delivery to the indicated place, a notice will be issued, following which it will be the CUSTOMER's responsibility to contact the SELLER as soon as possible to agree on the delivery methods.
The delivery is carried out by the SELLER mainly by land, making use from time to time of the major couriers available on the market, taking care to choose, based on the destination, the one that can guarantee the best service.
And in any case excluding any liability of the SELLER for any disservices, delays or omissions in deliveries, attributable to unforeseeable circumstances or force majeure.
It is also eexcluding the aforementioned liability in case the customs offices of the exporting country destroy or slow down the shipment. In addition, customs duties are charged to the customer.
It is also eexcluding the aforementioned liability in the event of fires, explosions, strikes, earthquakes, floods and other similar events which may prevent the execution of the contract in the ways and times established by these General Conditions and by law.
If then, without prejudice to the hypothesis of willful misconduct or gross negligence, the responsibility of the SELLER for the incorrect fulfillment of its contractual obligations should be ascertained, it is hereby agreed that it cannot in any case exceed the value of the products purchased by the CUSTOMER, for which the dispute arose. Finally, as regards the SELLER's responsibility for delays in delivery, it cannot in any case exceed the cost of shipping costs incurred by the CUSTOMER.
In particular circumstances, the SELLER may not be able to ensure the availability of all the products offered and therefore cannot be held responsible for the temporary unavailability of one or more products.
10) EXERCISE OF THE RIGHT OF WITHDRAWAL (Article 54 of Legislative Decree 206/2005 of the Consumer Code)
The CUSTOMER has the right to withdraw from the contract stipulated remotely, without any penalty and without specifying the reason, promptly communicating the cancellation of the order placed by e-mail to the SELLER's info@alpassofood.com before having received confirmation according to what provided for in the previous art. 4 - Completion of the Contract, or before the goods have been shipped.
If the delivery of the goods has already taken place, the CUSTOMER can withdraw from the contract within 14 days of receiving the products without any particular reason being required, as mere second thoughts are sufficient, by sending an e-mail to the address info@alpassofood.com, as per standard letter in attachment 1 (see attachment 1 to this letter).
This communication must contain the data necessary to accurately identify the order, the clear will to renounce the purchase and the product or products for which the right of withdrawal is to be exercised, attaching a copy of the related tax document (Invoice or Document of transport).
The Alpassofood Customer Service will, once received the communication, open a file for the management of the return and communicate to the Customer the instructions on how to return the Products, which will take place by courier indicated by Alpassofood itself.
The CUSTOMER is required to return the goods or make them available to the SELLER or the person designated by him, within 14 days, starting from the date on which he communicated the withdrawal.
In this case, the only costs payable by the consumer for exercising the right of withdrawal are the direct costs of returning the goods to the sender.
The SELLER, on the other hand, undertakes to reimburse the CUSTOMER in the shortest possible time the sums paid by them as payment of the price, without additional costs and in any case within fourteen days from the date on which, having become aware of the exercise of the right to withdrawal by the CUSTOMER, receives the ordered goods, intact and in the original packaging, at the address of the SELLER's office
The CUSTOMER cannot exercise the right of withdrawal pursuant to art. 59 of Legislative Decree 21/2014:
- for products made to measure or clearly customization;
- for products that are at risk of deteriorate or expire quickly;
- for products delivered in sealed packages or containers that they are not suitable for being returned for hygienic reasons or related to the protection of health or which are been opened after delivery.
The right of withdrawal 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.
With reference to the cases of exclusion of the withdrawal listed above, the Customer, in particular, is informed and accepts that the Products that "risk deteriorating or expire rapidly" include all Food Products (including wines, spirits and beverages) as the characteristics and the qualities of these types of Products are subject to alteration also as a result of inappropriate storage.
In cases of exclusion of the right of withdrawal, Alpassofood will return the purchased Products to the Customer, charging the shipping costs to the same.
11) LEGAL CONFORMITY GUARANTEE:
While taking into account the nature of the products sold, it should be noted that they are covered by the legal guarantee of conformity pursuant to art. 128 and following of the Consumer Code, for which the seller is liable to the consumer for any lack of conformity existing at the time of delivery of the goods. In case of lack of conformity, the consumer has the right, at his choice and provided that the nature of the product allows it, to restore, without charge, the conformity of the goods by repair or replacement, or to an adequate reduction in the price or to the resolution of the contract.
As for expiries and storage methods, refer to what is indicated in the product sheet of the site and on the relative packaging.
12) ERRORS AND LIMITATIONS OF LIABILITY
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 Alpassofood cannot therefore be held responsible, except in cases of willful misconduct or gross negligence.
Alpassofood reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update the information at any time without prior notice, without prejudice to the Customer's rights under these General Conditions and the Consumer Code.
Except for wilful misconduct or gross negligence, every Customer's right to compensation for damages or to the recognition of compensation is excluded, as well as any contractual or non-contractual liability for direct or indirect damage to people and / or things, caused by the lack of acceptance or even partial fulfilment of an order.
In category "Offers" there may be products close to expiry.
There may be some errors regarding the marked manufacturers, working with small companies often a product can go missing a few hours before delivery so we rely on another. The product always remains of the same quality if not superior (especially for fruit and vegetables)
Alpassofood promotes the responsible consumption of alcohol and excludes any liability at its own expense, except for willful misconduct or gross negligence, in the event of a purchase made by children under 16 years of age.
13) COMPLAINTS
Any complaint must be forwarded to Alpassofood by calling the number:
+39 3245498279 (Mon – Fri 9,30 – 13, excluding public holidays) and by sending an e-mail to
info@alpassofood.com, or by sending a certified email to alpassosrl@lagalmail.it
Alpassofood undertakes to respond to all requests received within a maximum of 7 working days.
14) BUYER'S OBLIGATIONS.
In compliance with the provisions of art. 51 of the Consumer Code, the CUSTOMER is required, once the purchase procedure has been completed, to keep a copy of the General Conditions indicated above, also bearing in mind that it will be the most updated version of them, at the time of the order, to adjust the order placed.
The CUSTOMER is required not to enter false or invented data, pseudonyms, nicknames and the like; the personal data, the e-mail address and the information relating to the payment that he will provide at the time of placing the order must be exclusively personal and in no case referring to third parties.
It is also expressly forbidden for minors to make purchases on this site.
It goes without saying that, in the event of violation of the aforementioned obligations, the SELLER reserves the right to take legal action to better protect both its business and, more generally, compliance with the law of online commerce, also in the interest of consumers. .
15) DURATION AND VALIDITY OF PRICES AND PROMOTIONAL OFFERS.
The prices of the products indicated on the site are constantly updated in real time. In any case, the SELLER undertakes to apply the rates in force at the time the order is sent, and any price changes that may occur after this time will have no effect on the orders made as above.
The promotional offers proposed on the site are not cumulative and are valid while stocks last according to the methods and limits of purchase expressly indicated from time to time;
16) PROVISION AND PROCESSING OF PERSONAL DATA.
The personal data provided by the CUSTOMER will be processed by both electronic and paper means by the SELLER, in compliance with the privacy legislation (see information pursuant to Article 13 of Legislative Decree 196/2003) for the purposes related to the execution of the stipulated contract, for carry out the corresponding tax obligations and for the related communications that may become necessary.
The provision of such data is mandatory for the purposes indicated above, under penalty of the impossibility for the company to correctly execute the order placed.
The data collected may be exhibited to the Public Security authorities or to other equivalent bodies or authorities authorized by law. The interested party enjoys the rights of access to the data referred to in art. 7 of Legislative Decree 196/2003.
17) JURISDICTION FOR THE RESOLUTION OF DISPUTES.
Civil disputes relating to the application, interpretation, execution and violation of purchase contracts stipulated online, through the Internet, through this site are subject to these General Conditions, and to Italian law.
In particular, territorial jurisdiction is mandatorily:
A) of the judge of the place of residence or domicile of the natural person who acts for purposes unrelated to the entrepreneurial or professional activity possibly carried out (Final Consumer, as identified by article 1469 bis, paragraph 2, of the civil code), where located in the territory of the State.
B) of the judge of the place of execution of the contract, if the residence or domicile of the Final Consumer is located outside the territory of the Italian State.
C) of the Court of Rome, if the CUSTOMER has a VAT number and buys to meet his business needs, and / or as part of his business or professional activity (NON-CONSUMER).
Consumers resident in Europe are informed that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the European Consumer to resolve in a non-judicial way any dispute relating to contracts for the sale of goods and services stipulated online and / or deriving from them.
Consequently, if you are a Consumer established in Europe, you can use this platform for the resolution of any dispute arising from the online contract stipulated on this site.
The European ODR platform is available at the following link: https://webgate.ec.europa.eu/odr
18) CONFIRMATION OF THE READING OF THE CONDITIONS OF SALE.
The validation of the order placed cannot take place unless there is an explicit command from the CUSTOMER, aimed at confirming the reading of these General Conditions of Sale.
In the absence of this command, the computer system of the site will prevent the confirmation and, therefore, the validation of the order.
19) GUARANTEES AND ASSISTANCE TO CUSTOMERS IN CASE OF NEED.
Should the CUSTOMER detect anomalies, imperfections or defects not attributable to the SELLER, he may contact the SELLER to obtain answers on the matter through the contacts indicated on the website itself.
20) APPLICABLE LAW.
The online trade of the products on this site is entirely governed by Italian law. Although not expressly provided for in these General Conditions, the provisions of the law and of the Civil Code in Articles. 1325 and ss. applicable to the contract in general, stipulated online by the CUSTOMER with the SELLER.
21) COMPANY DATA.
AL PASSO SRL
Circonvallazione Clodia road, 167
00195 ROME ITALY
CF / P. VAT number: 15881301004
PEC address: alpassosrl@legalmail.com
22) AICEL MEMBERSHIP
AlPassoFood adheres to the code of ethics of the Italian Association of Electronic Commerce (AICEL) available at the following link: https://www.aicel.org/codice-etico-dei -merchant-aicel
