Background

These General Terms and Conditions of Sale are valid exclusively between the company “La Preferita OP Pugliese scarl” with registered office in S.P. 30 km 2,100, 70033 Corato (Ba), P. IVA 06799760720 – tel 080 8724468 – info@lapreferitaop.it (hereinafter also referred to as Seller) and any subject Consumer, identified by the data entered when filling in the registration form (hereinafter referred to as Customer) who makes purchases through the online sales channel of the Website www.lapreferitaop.it (hereinafter referred to as Website).

The general terms and conditions of sale set out below are governed in accordance with and in compliance with the relevant national and European regulations in force, including Legislative Decree no. 206/2005 and subsequent amendments and additions (hereinafter, “Consumer Code”), European Directive No. 2011/83 EU on Consumer Rights and by the provisions of the Civil Code for what is not expressly provided for herein.

Definitions

Seller means the company “La Preferita OP Pugliese scarl” with registered office in S.P. 30 km 2,100, 70033
Corato (Ba), P. IVA 06799760720 – tel. 080 8724468 – mail: info@lapreferitaop.it;

A Customer is generally understood to be a natural or legal person who purchases one or more Products offered by the Seller on its sales channels for purposes unrelated to any entrepreneurial or professional activity carried out (“Consumer”);

Product means any movable property available online on the Site, which is the subject of the Contract of Sale between the Customer and the Seller upon payment of the Price;

Price means the cost (including VAT) in Euros, payable to the Seller for the transfer of ownership of the product to the Customer;

Purchase Order (or also “Order”) means the document -in digital format- sent by the Customer to the Seller at the end of the purchase procedure. It is binding on the Customer, presupposes full knowledge of these General Terms and Conditions of Sale and their acceptance by the same, including the Right of Withdrawal and the Privacy Policy;

Purchase Order Confirmation (or “Order Confirmation”) means the email sent by Seller to Customer upon receipt of the Purchase Order and implies acceptance of the Purchase Order by Seller;

Privacy Policy means the document contained on the Site by the same name that informs Customers about the processing of their personal data.

Scope of application

These Terms and Conditions, made available on the Site, govern the sale of Products offered by Seller to its Customers through its online sales channels; they are the only ones applicable and supersede any other terms and conditions, unless waived in writing.

Before proceeding to the purchase of the Products, the Customer is required to read carefully the General Conditions of Sale below, specifying that, with the confirmation of the order, they are deemed accepted without reservation. If the Customer does not accept these conditions, he/she is requested not to use this site and its services.

The Seller reserves the right to amend these general conditions of sale. Such changes will be immediately enforceable against the Customer, as of their dissemination and may not apply to contracts concluded previously. Customers are therefore advised to consult the most up-to-date version of them before placing any order on the Site.

Purchase Orders may be directly placed through the Site only by persons of legal age who are not legally incapacitated.

Transportation and payment arrangements are listed in detail in the relevant sections and are to be considered an integral and essential part of this contract. Arrangements for handling personal data (privacy) are listed in the relevant section and are also to be considered an integral and essential part of this contract.

Site Registration

The User is free to browse the Site without registration, which is instead required to finalize the purchase.

The Customer may register on the Site by entering all required data and information completely and truthfully and creating login credentials. It is the Customer’s responsibility to keep his credentials securely and to ensure that no one has access to them, being fully responsible for any activity carried out with his access credentials. Under no circumstances will Seller be responsible for the misuse or abuse of credentials, even by third parties other than the Customer.

It is necessary to provide the Seller with a valid e-mail address in order to allow all information regarding the purchase order to be sent to the Customer as well as the communications required by these General Terms and Conditions of Sale.

The Customer is required to inform the Vendor immediately via the contact information provided in this document if they believe that their personal information has been hacked, unlawfully disseminated, or stolen.

The Customer is free to close his or her account and cease using the service at any time by contacting the Vendor at the contact information provided herein.

Seller reserves the right to suspend or delete a Customer’s account at any time, at its discretion and without notice, if it deems it inappropriate, offensive, or contrary to these terms and conditions.

Suspension or deletion of the account does not entitle you to any compensation, refund or indemnity.

Through the Web Site, Customers may have access to resources provided by third parties. The Vendor can in no way be held responsible for the provision of goods or services by third parties or that have been sold to the Customer by another vendor, even by means of hyperlink/hyperlink, links, banners on the Website.

TERMS AND CONDITIONS

Products

La Preferita OP Pugliese undertakes to faithfully present and describe each product in a “product sheet” together with one or more representative images, pointing out that some discrepancies or inaccuracies may occur between the Site and the delivered products. In this regard, it highlights that the images of the products on the Site are to be considered purely indicative, not binding for the characteristics of the product.

The availability of products refers to that which is present at the time when the Customer consults the product sheets, this should, however, be considered purely indicative because as a result of the simultaneous presence on the site of several users, the products could be sold to others before the confirmation of the order.

Purchase procedure and order submission

To purchase products, the Customer is required to register or log in to the Website.
Each step, from choosing the product to placing the order, is part of the purchasing process.

To purchase through the Site, the Customer completes a purchase order using an electronic order form to be transmitted to the Seller electronically, following the instructions provided by the Site during the online purchase process.

Of the total value of the product, including taxes, any other costs and shipping charges, the Customer is informed at the time of placing the Order.

The Customer, once the online purchase procedure is completed, will print or save an electronic copy of the contract and in any case keep these General Conditions of Sale, in accordance with the provisions of Articles 3 and 4 of Legislative Decree 185/1999 on distance selling.

Order acceptance

The order submitted by the Customer will be binding on the Seller only if the entire order process has been completed regularly and correctly, without any highlighting of error messages by the Site.

The sale will be considered concluded with the sending by the Seller to the email address indicated by the Customer, of the confirmation of the purchase order placed, with a summary of the products, their prices (including applicable taxes or duties), any shipping charges, the shipping address and the general and particular conditions applicable to the order itself once payment is received by the Seller.

The Customer agrees to verify the accuracy of the data reported and promptly report any inaccuracies.

By transmitting the Purchase Order, the Customer also confirms that he/she knows and accepts these General Terms and Conditions of Sale – including the notice on the right of withdrawal and any additional

information contained in the Site and in the “Privacy Policy” area, which shall be deemed to have been read, known and accepted in any case at the time the Order is transmitted.

The Seller reserves, in any case, the right not to accept Purchase Orders that are incomplete or incorrect or if the Products are unavailable.

Order cancellation

The Customer may cancel the order placed within 12 hours of the conclusion of the order by sending an email to info@lapreferitaop.it with the subject line “order cancellation” and indicating precisely the order reference number, the date of order conclusion and the name of the ordering party, without, however, affecting his or her right to withdraw from the contract.

Any request for cancellation received by Seller beyond the permitted limits will be deemed unenforceable. There is no provision for the modification of an order already received and, therefore, it will be necessary to proceed with the cancellation of the incorrect order and subsequent repetition of the purchase from the Site of the desired products.

Sale prices on the Site

All sales prices of the products displayed and indicated of the “Shop” section of the Site are expressed in Euros, are inclusive of VAT and do not include shipping costs, which remain the responsibility of the customer, except in cases where, for shipments to Italy, the expected “free shipping” charge is reached.

Shipping costs are indicated during the procedure of issuing the order, are specifically stated in Euros and include VAT. The Seller may set the minimum threshold of the order value beyond which shipping is free of charge. Similarly, it may set the territorial areas and weight thresholds for which free shipping is not valid.

The Seller reserves the right to make changes in sales prices at any time and without prior notice of any kind. For each order, the prices indicated on the site at the time of the order and confirmed in the e-mail confirming the acquisition of the order will be applied.

Each order will be accompanied by regular tax receipt and/or invoice of the products shipped.

In case of request for invoice issuance, the Customer must check the appropriate box during the order process and enter the billing data including tax code and/or VAT number, SDI code and PEC. The Customer is responsible for the correct entry of the billing data and is expressly informed that, in case of failure to request the invoice during the order process, it will not be possible to request it later.

Payment

The purchase can be settled by the following payment method:

• PayPal: using your own account or by credit/prepaid card.

• Visa/Mastercard Circuits

  Payments are handled independently by third-party services and, therefore, no payment-related data – such as credit card numbers – are collected, receiving only a notification for successful payment.

Communications relating to the payment and the data communicated by the Customer at the time it is made take place on special secure lines and with all the guarantees ensured by the use of the security protocols provided by the payment circuit.

In the event that payment fails or is refused by the service provider, the Seller is not obligated to follow up on the order and any costs resulting from the failed or refused payment shall be borne by the Customer.

In the event of cancellation of the order, either by the Customer or by the Seller, a cancellation of the transaction and release of the committed amount will be required. In no event shall Seller be liable for any damages due to delays in the release of amounts committed by PayPal.

Other payment methods must be directly arranged with the seller.

Delivery

The Seller, always careful to ensure that the products ordered arrive at their destination in a short time, will deliver them by trusted couriers and/or shippers within the term indicated in the e-mail communication containing the order confirmation and, in any case, within the maximum term of 20 working days from the date of order confirmation.

Delivery is made to the address specified when placing the order. The Customer who wishes to change the delivery address of the goods, after he has placed the order, may contact the Seller by e-mail at info@lapreferitaop.it and request the change. Such a request will be granted if the order has not yet been processed.

Delivery of Products will be made from 9 a.m. to 6 p.m. Monday through Friday, excluding holidays, in all cases “curbside.”

In the event that the products are not delivered or picked up at the time or by the deadline, they will be returned to the Seller, who will contact the Customer to schedule a second delivery attempt or agree to further arrangements. Unless specifically notified each delivery attempt from the second will be the responsibility of the Customer.

Upon delivery of the goods, the Customer or the person appointed by him, will be required to verify that the packaging is intact, undamaged or otherwise altered. Any damage to the packaging and / or the products or the mismatch in the number of packages or indications, must be immediately challenged by the Customer, putting on the delivery document the annotation “subject to reserve” and specifying the reason for the reserve. Once the courier’s document has been signed, the Customer will not be able to oppose any dispute about the external characteristics of what has been delivered.

The Seller shall not be liable for non-delivery or delayed delivery due to force majeure causes, such as but not limited to strikes, Public Authority measures, rationing or shortage of energy or raw materials, transportation difficulties, fires, floods, heavy snowfall, flooding, and damage to industrial machinery beyond the control of the Seller. As soon as it becomes aware, the Seller shall promptly notify the Customer of the occurrence of force majeure.

In the event of courier-related disruptions, however, the Customer must send a report to the Seller who will contact the same for appropriate action.

However, any liability of the Seller for direct and indirect damages for anticipated, delayed or non-delivery, in whole or in part, of the products is excluded.

In case of loss/loss of the Products causing non-delivery not attributable to the Seller, in agreement with the Customer a new shipment will be made.

Product warranty and claims

The Seller undertakes to deliver to the Customer the product free from defects or faults and is liable if the same is defective or not in accordance with the contract within the limits of the Law.

The Seller shall be liable under legal warranty for the period of two years from the date of delivery of the product. Therefore, the customer, in addition to filing a claim in the manner set forth below, has the right to request the replacement of the defective product with a defect-free one or the removal of the defect from the same, within that period, commencing from the time when the defect occurred or became aware of it.

In the event that the product is defective or has been damaged in transit or does not correspond to the order placed, the Customer must notify the Seller within the next 24 h via one of the following methods:

• e-mail to info@lapreferitaop.it

• fax to 080-8721354

• registered mail with return receipt to the address: SP 30 km 2,100 – 70033 Corato (Ba) detailing all the circumstances that are the subject of the complaint (in particular, date, type of nonconformity, requests to the Seller), preferably attaching photos, and providing a contact of the complaining party.

If the complaint concerns the product, it is appropriate to return it to the Seller also in order to allow its examination.

Any return/exchange of the product(s) is free of charge.

The Vendor agrees to investigate the complaint within 30 days from the date of receipt and give feedback to the person concerned.

Indemnify

Customer agrees to indemnify and hold harmless Seller and its subordinates and employees from any claim or demand – including, without limitation, legal fees and expenses – made by any third party due to or in connection with culpable conduct in violation of these Terms, the violation of third party rights or the law, brought about in connection with the use of the Service and chargeable to Customer, its affiliates, partners and employees.

Except where otherwise specified and subject to applicable provisions of law, any claim for damages against Seller (or any person or entity acting on its behalf) is excluded.

Right of withdrawal

In cases where the exercise of the right of withdrawal is permitted, the Customer, acting as a European Consumer, has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, by sending within 14 days from the date of delivery of the Products an email to info@lapreferitaop.it indicating in the subject line “Request right of withdrawal” and in the text the name of the ordering party, date of order, date of delivery of the order, description of the item(s) for which the right of withdrawal is to be exercised and an email and telephone number.

Upon receipt of the notice of exercise of the right of withdrawal, La Preferita OP Pugliese will 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 via courier indicated by the Seller itself.

If the right of withdrawal is exercised, the Seller will refund the Customer the full amount of the returned Products, within 14 days from the date of actual receipt of the Products. The refund will be made using the same payment method used by the Customer.

Return shipping costs are the responsibility of the Customer. Cases of exclusion of the right of withdrawal

In accordance with the provisions of Article 59 of the Consumer Code (Legislative Decree No. 206 of September 6, 2005, as amended and supplemented), the right of withdrawal is excluded if:

• goods purchased by a non-consumer Customer and/or requiring an invoice;

• goods that are custom-made or clearly customized or which, by their nature, cannot be returned or

  are likely to deteriorate or alter rapidly;

• sealed goods that are not suitable for return for hygienic or health protection-related reasons and that have been opened after delivery.

With reference to the cases of exclusion of the right of withdrawal listed above, the Customer, in particular, is informed and accepts that, for reasons of hygiene and protection of Customers, the right of withdrawal is applicable only for products purchased on the Site that can be returned to the Seller, undamaged in their respective seal, and put back on the market without danger to the health of consumers.

Interruption of Service

In order to ensure the best possible level of service, the Vendor reserves the right to discontinue the Service for purposes of maintenance, system upgrades, or any other changes by giving appropriate notice to Customers.

To the extent permitted by law, the Seller reserves the right to suspend or completely cease operation of the Service. In the event of discontinuation of the operation of the Service, the Vendor will make every effort to ensure that Customers can extract their personal data and information and will respect the rights of Customers relating to the continued use of the product and/or compensation, according to the provisions of the law.

In addition, the Service may not be available due to causes beyond Seller’s reasonable control, such as force majeure (e.g., infrastructural malfunctions, power outages, etc.).

Privacy

The Seller will process the Customer’s personal data in accordance with Article 13 of Legislative Decree 30.06.2003 n.196 (“Code on the Protection of Personal Data”) and Article 13 of EU Regulation No. 2016/679 (“European General Data Protection Regulation”), to which we refer for further information.

The Customer can always obtain information about how the Seller processes his or her personal data by accessing the “Privacy Policy” area available on the Site.

Amicable settlement of disputes

The Seller, in case of reports by the Customers of any disputes, will try to resolve them amicably. To this end, the Customer, in the event of disputes related to the use of this Site, while without prejudice to his or her right to bring an action in court, is requested to contact the Seller at the contact details indicated in this document following the directions provided for the complaint.

Alternatively, the Seller informs the Customer that the European Commission has introduced an online platform (ODR – Online Dispute Resolution) for alternative dispute resolution that facilitates the out-of- court settlement of disputes relating to and arising from online sales and service contracts.

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

Jurisdiction

These Conditions of Sale are governed by Italian law.

The Court of the place where the Seller has its registered office shall have jurisdiction over any dispute relating to this online sales contract.