Terms and Conditions

Terms and Conditions

1) GENERAL OUTLINES AND REGULATIONS GOVERNING THE ONLINE CONTRACT.

The general conditions listed below form an integral part of the online sales contract concluded via the Internet between the purchaser – consumer, hereinafter referred to as the “CUSTOMER”, and ALPASSOFOOD, hereinafter referred to as the “SELLER”, and govern its preliminary stages, conclusion and execution.

The legislation that primarily regulates said type of sale is represented by Legislative Decree. 70/2003, Legislative Decree. 206/2005 as amended and supplemented (hereinafter referred to as the Consumer Code), Legislative Decree 21/2014 and Articles 1341 et seq. of the Civil Code.

Any amendments to these general conditions of sale will be announced by 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 obliged, before sending the order, to read carefully these General Conditions that have been made available to him on the Site and that will be accessible at all times by the Customer also through the link contained in the e-mail confirmation of each order to allow him to reproduce and store them.

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 object of the contract is the sale and purchase of products that the SELLER, having its registered office in Circonvallazione Clodia, 167 – 00195 Rome, places on the market “online”, i.e., using the system of distance selling carried out through the Internet network through the website www.alpassofood.com

3) PURCHASE ORDERS.

Purchase orders for the products on sale should be placed through the website “www.alpassofood.com” by choosing from the available products those desired and adding them to the appropriate telematic cart. Such orders placed for legal purposes are to be considered as a contractual proposal to purchase.

The features and price of the various products for sale on the Site (hereinafter referred to as “Product” or “Products”) are shown on the page for each Product.
To purchase Products, the Customer must complete and submit the order form in electronic format, following the instructions on the Site. The Customer shall add the Product to the “Shopping Cart” and, after having read the General Terms and Conditions and Privacy Policy and confirmed their acceptance, shall enter the shipping and possible billing information, select the desired payment method and confirm the order.

4) CONTRACT COMPLETION.

This telematic contract, in the light of the above legislation, shall be deemed to be concluded when the CUSTOMER receives by e-mail from the SELLER notice of the latter’s acceptance of the order.

Such notice will contain a reference to these General Conditions, the order number, shipping and billing information, a list of the Products ordered with their essential characteristics, and the total price, including delivery charges.

5) PRODUCT INFORMATION

Information and features about the Products are available, along with their Product codes, on the Site.

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 is for 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 any difference between the picture and the written product sheet, the product sheet description always prevails.

The “offers” category may include products that are about to expire.

6) PRICE OF THE ASSET.

The selling prices of the products shown in the price list on the website are in Euros (€). They constitute offers to the public and are inclusive of VAT. Transportation costs are excluded from the quoted price and are explained in the appropriate section.

The CUSTOMER shall also bear any additional costs due to taxes or fees provided for by the legislation in force in the country of destination of the goods.

The SELLER expressly reserves the right to change the prices indicated on its site at any time, undertaking, however, to apply to the proposals made the rates in force at the time of their formulation.

7) MODE OF PAYMENT FOR THE PURCHASED GOODS.

SELLER agrees to the following methods of payment for purchased products:

– Payment by credit card.

To ensure maximum security, the Customer will make 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 secure communication system of the credit reference institution, from the second expenditure, the Customer who wishes to do so – by selection of the appropriate option – will be able to proceed with the purchase without entering his data again. The Referring Credit Institution uses the SSL protocol to encrypt data transmitted between its server and the Client’s browser.

– Payment through the guaranteed PayPal system.

To make a PayPal payment, simply follow the instructions offered by the site at the payment stage and enter your prepaid credit card details or bank account details. The circuit guarantees security in transactions formed from the more than decade-long partnership with the famous Ebay site. The ebay group’s fast and secure payment method.

8) ORDER INVOICING

If the purchase is made by a professional, it will be possible to request the issuance of an invoice by checking the appropriate box during the order process and entering the billing information including tax code and/or VAT number. In that case the invoice will be sent by e-mail to the address indicated. The practitioner is responsible for the correct entry of billing information and is expressly informed that if an invoice is not requested at the time of ordering, it will not be possible to request it later.

9) PRODUCT DELIVERY AND LIMITS OF LIABILITY.

The products will be delivered by the SELLER to the CUSTOMER at the address indicated by the CUSTOMER when placing the order. Fresh produce subject to natural perishability will be packed inside special isothermal containers accompanied by gel ice bags. Such a system allows the maintenance of controlled temperature for the time required for the delivery of goods. Fresh produce subject to natural spoilage is shipped on Monday through 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 make contact as soon as possible with the SELLER to agree on the arrangements for delivery.

Delivery is made by the SELLER mainly by land using from time to time the major couriers available in the market taking care to choose, according to the destination, the one that can guarantee the best service.

However, any liability of SELLER for any inefficiencies, delays or omissions in deliveries attributable to unforeseeable circumstances or force majeure is excluded.

The aforementioned liability is also excluded in the event of fires, outbreaks, strikes, earthquakes, floods, and other similar events that would prevent the execution of the contract in the manner and timeframe provided by these General Conditions and the law.

If then, without prejudice to cases of willful misconduct or gross negligence, it should be established that the SELLER is responsible for the inexact performance of its contractual obligations, it is hereby agreed that it may not in any case exceed the value of the products purchased by the CUSTOMER, for which the dispute has arisen. Finally, with regard to the SELLER’s liability for late delivery, it shall in no way exceed the cost of shipping charges incurred by the CUSTOMER.

In particular circumstances, SELLER may not be able to ensure the availability of all products offered and therefore cannot be held responsible for the temporary unavailability of one or more products.

For orders over $59.00 shipping is free

10) EXERCISE OF RIGHT OF WITHDRAWAL (Art.54 Legislative Decree. 206/2005 Consumer Code)

The CUSTOMER has the right to withdraw from the contract entered into at a distance, without any penalty and without specifying the reason, by promptly notifying the termination of the order made by e-mail to [email protected] of the SELLER before having received confirmation in accordance with the provisions of Article 4 above – Perfection of the Contract, or before the goods have been shipped.

If delivery of the goods has already taken place, the CUSTOMER may withdraw from the contract within 14 days of receipt of the products without any special reason being required, mere second thoughts being sufficient, by sending an e-mail to the address [email protected], as per the model letter in Annex 1 (see Annex 1 to this letter).

This communication must contain the data necessary to accurately identify the order, the clear intention to waive the purchase and the product or products for which you intend to exercise the right of withdrawal, attaching a copy of the relevant tax document (Invoice or Transportation Document).

The Customer Service of Alpassofood 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 be done by courier indicated by Alpassofood itself.

The CUSTOMER shall return the goods or make them available to the SELLER, or the person designated by the SELLER, within the period of 14 days, commencing from the date on which the CUSTOMER 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 refund to the CUSTOMER as soon as possible the sums paid by the latter 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 of withdrawal by the CUSTOMER, it receives the goods ordered, undamaged and in the original packaging, at the address of the SELLER’s registered office

CUSTOMER may not exercise the right of withdrawal under Art. 59 of Legislative Decree 21/2014:

  1. For custom-made or clearly customized products;
  2. For products that are likely to deteriorate or expire quickly;
  3. for products delivered in sealed packages or containers that are not suitable for return for hygienic or health protection-related reasons or that have 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 withdrawal only on part of the Product purchased.

With reference to the cases of exclusion of withdrawal listed above, the Customer, in particular, is informed and accepts that the Products that” are in danger of deteriorating or expiring rapidly” include all food Products (incusi wines, spirits and beverages) since the characteristics and qualities of these types of Products are also subject to alteration as a result of inappropriate storage.

In cases where the right of withdrawal is excluded, Alpassofood will return the purchased Products to the Customer, charging the same for shipping costs.

11) LEGAL WARRANTY OF CONFORMITY:
While taking into account the nature of the products sold, it should be noted that the same are covered by the legal guarantee of conformity under Articles 128 et seq. of the Consumer Code, whereby the seller is liable to the consumer for any lack of conformity existing at the time of delivery of the goods. In the event of a lack of conformity, the consumer has the right, at his or her option and provided that the nature of the product permits, to have the conformity of the goods restored, without charge, by repair or replacement, or to an appropriate reduction in the price or to termination of the contract.
Regarding expiration dates and storage methods, please refer to what is stated in the product sheet on the website and on the relevant packaging.

12) ERRORS AND LIMITATIONS OF LIABILITY

The information about the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which therefore Alpassofood cannot be held responsible, except in cases of intent or gross negligence.

Alpassofood reserves the right to correct errors, inaccuracies or omissions even after an order has been placed, or to change or update information at any time without prior notice, without prejudice to the Customer’s rights under these General Terms and Conditions and the Consumer Code.

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

The “Offers” category may have products that are about to expire.

Alpassofood promotes the responsible consumption of alcohol and excludes any liability on its part, except in cases of intent or gross negligence, in the case of purchases made by children under 16 years of age.

13) COMPLAINTS.

Any complaints should be forwarded to Alpassofood by calling:

+39 331 2481929 (Mon – Fri 9:30 a.m. – 1:30 p.m., excluding holidays) and by sending an e-mail to

[email protected], or by sending a PEC email to [email protected]

Alpassofood is committed to responding to all requests received within a maximum of 7 business days.

14) BUYER’S OBLIGATIONS.

In compliance with the provisions of Art. 51 of the Consumer Code, the CUSTOMER is obliged, once the purchase procedure is completed, to keep a copy of the General Conditions mentioned above, also bearing in mind that it will be the most updated version of them, at the time of the order, that will regulate the order placed.

The CUSTOMER is obliged not to enter false or invented data, pseudonyms, nicknames and the like; the personal data, e-mail box and payment information that he/she will provide at the time of placing the order must be exclusively personal and under no circumstances refer to third persons.

It is also expressly forbidden for underage persons to make purchases on this site.

It goes without saying that in case of violation of the above obligations, the SELLER reserves the right to take legal action to better protect both its business and, more generally, the legal compliance of online commerce, including in the interest of consumers.

15) DURATION AND VALIDITY OF PRICES AND PROMOTIONAL OFFERS.

The prices of products shown on the site are constantly updated in real time. In any event, SELLER agrees to apply the rates in effect at the time the order is placed, and any price changes that occur after that time will have no effect on orders as placed above.

Promotional offers offered on the site cannot be combined and are valid while stocks last according to the terms and purchase limits 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 regulations (see information under art.13 Legislative Decree. 196/2003) for purposes related to the execution of the contract entered into, to carry out the corresponding tax fulfilments and for related communications that may be necessary.

The provision of such data is mandatory for the above purposes, otherwise the company will be unable to properly execute the order placed.

The data collected may be exhibited to Public Security authorities or other equivalent bodies or authorities authorized by law. The data subject has the rights of access to data as set forth in Art. 7 Legislative Decree. 196/2003.

17) JURISDICTION FOR DISPUTE RESOLUTION.

Civil disputes inherent in the application, interpretation, execution and breach of purchase contracts entered into online, via the Internet, through this site are subject to these General Conditions, and to Italian Law.

Specifically, territorial jurisdiction is inescapably:

A) of the court of the place of residence or domicile of the natural person acting for purposes unrelated to any entrepreneurial or professional activity carried out (Final Consumer, as identified by Article 1469bis, paragraph 2, of the Civil Code), where located in the territory of the State.

B) of the court of the place of execution of the contract, if the residence or domicile of the Final Consumer is outside the Territory of the Italian State.

C) of the Court of Rome, if the CUSTOMER holds a VAT number and purchases to meet his/her business needs, and/or as part of his/her entrepreneurial or professional activity (NON CONSUMER).

The Consumer residing in Europe is informed that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can ‘be used by the European Consumer to non-judicially resolve any dispute relating to contracts for the sale of goods and services entered into online and/or arising 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 concluded on this site.

The European ODR platform is available at the following link: https://webgate.ec.europa.eu/odr

18) CONFIRMATION THAT THE CONDITIONS OF SALE HAVE BEEN READ.

Validation of the order placed cannot take place unless there is an explicit command from the CUSTOMER to confirm that he/she has read these General Terms and Conditions of Sale.

In the absence of said command, the site’s computer system will prevent confirmation and, therefore, validation of the order itself.

19) WARRANTIES AND ASSISTANCE TO CUSTOMERS IN CASE OF NEED.

Should the CUSTOMER detect any anomalies, imperfections or defects that are not the fault of the SELLER, the CUSTOMER may contact the SELLER for answers on the matter through the contacts indicated on the website itself.

20) APPLICABLE LAW.

Online trade in the products on this Site is governed entirely by Italian Law. For anything not expressly provided for in these General Conditions, the rules of law and the Civil Code in Articles 1325 et seq. applicable to the contract in general, entered into online by the CUSTOMER with the SELLER shall apply.

21) CORPORATE DATA.

AL PASSO SRL

Clodia 167 ring road

00195 ROME ITALY

C.F./P. VAT: 15881301004

PEC address: [email protected]

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

Copyright

The documentation, images, trademarks and anything else published and reproduced on the site www.alpassofood.com is the property of the company Al Passo Srl its reproduction, modification and use are prohibited.

ANNEX I

Form B – model withdrawal form

-under Art. 49, paragraph 1 Legislative Decree 21/2014 Consumer Code-.

(complete and return this form only if you wish to withdraw from the contract)

Dear

Al Passo Srl

Clodia Ring Road, 167

00195 ROME.

I hereby give notice of withdrawal from my contract of sale of the following goods/services:

  • Description of contracted goods and services
  • Ordered on …/…/… Received on …/…/…
  • Name of Consumer
  • Consumer Address

Date: …../…../……

_________________________________

Consumer Signature

(only if this form is served in paper version)