General Terms and Conditions of Sale for online purchases on www-e-yummy.it website

1. DATA OF THE HOLDER AND REFERENCE REGULATIONS

These general conditions of sale (hereinafter, "General Terms and Conditions") apply to the sale of products and services through the website www.e-yummy.it (hereinafter, Shop) pursuant to the Legislative Decree of 6 September 2005, n. 206 - Consumer Code, pursuant to article 7 of law no. 229.

(GU n. 235 of 8-10-2005 - Ordinary Suppl. N. 162)

The seller of the products and owner of the shop is: e-yummy Srl with registered office in Serra Sant'Abbondio, via Poggetto 7, 61040 tax code/VAT number 02746440417 registered in the Business Register C.C.I.A.A. MARCHE - PS272643 - email address: info@e -yummy.it (hereinafter, "Shop").

The Customer who uses this Website to purchase products or services (hereinafter, "Customer") before submitting the order must carefully read these General Conditions which will be accessible at any time to the Customer on the Website and all the information contained in the Product page

The contract stipulated with e-yummy Srl through this Shop is governed by these General Conditions in accordance with European and Italian law.

 

2. PURCHASE OF PRODUCTS

To purchase the Products, the Customer shall fill out and send the order form in electronic format, following the instructions on the Shop. The Customer, after having read the Product sheet, shall:

• Add the Product to the "Cart"
• read the General Conditions and the Privacy Policy
• confirm acceptance following the described methods
• enter shipping and billing information (if necessary)
• select the wished payment method
• confirm the order

This described procedure may also appear in a different order from that indicated.

With the shipment of an order from the Store, that has the value of a contractual offer, the Customer recognizes and declares to have taken vision of all the indications supplied during the purchase procedure and to accept the present Conditions and the payment method applicable and selected at the moment of the order.

The contract stipulated between e-yummy Srl and the Customer ends with the acceptance of the order by e-yummy Srl. The Customer shall check the confirmation email and if he finds errors in the order, only regarding the shipping address (and not for the products ordered), he will have 6 hours from the receival of the email to contact the Customer Service by sending an email to info@e-yummy.it indicating the order number and the new shipping address, the change is applicable only if the change of address implies additional shipping costs. After this deadline, the order will be processed for shipment and further changes will no longer be accepted.

e-yummy undertakes to adopt the necessary measures to process the order, the reception of the order from the customer will be in any case subject to the effective availability at the moment of the preparation of the order. Upon receipt of the order, e-yummy Srl reserves the right to check the actual availability of the Products ordered, if some Products will be out of stock, e-yummy Srl will process the order with the available Products. In case of lack of one or more products, the information regarding the final charge or the refund will be contained in the e-mail confirming the shipment and will vary according to the payment method used.

The purchase of alcoholic products is allowed only to adults over 18, and only within the Italian territory, the current European regulations do not allow the free circulation of products with alcohol content for this reason, e-yummy allows the sale of these products only within the Italian territory.

e-yummy reserves the right to fulfill with different conditions, the orders that clearly exceed the family's needs. In case of orders exceeding the normal retail sales quantities, e-yummy will contact the customer to propose other conditions suitable for B2B distribution.

 

3. INFORMATION ON THE PRODUCT

The information and characteristics of the Products are available, with the relative Product Codes, on the website, on the page related to each Product. Buying a Product, the Customer declares of having all the necessary information for his purchase and not to need further information.

The graphic representation of Products on the website, if available, normally corresponds to the shown photographic image together with the description of the product. It is understood that the Products' image has the only purpose to introduce them for the sale and can not be perfectly representative of their characteristics and quality but could differ in color and dimensions. If there is a difference between the image and the description of the product, the description prevails.

 

4. PRICES AND SHIPMENT

The prices of the products include all taxes and fees. All prices are in Euro. In case of shipments outside Italy, the fiscal and tax law of the Customer's country where the products will be delivered will be valid. e-yummy Srl shall not be held responsible for the procedures and rules applied by the courier at the time of delivery.

 

5. SHIPMENTS IN ITALY AND ABROAD

The cost of shipping abroad varies according to the country of destination. Shipping costs are shown on the following page according to the country of destination of the goods and the weight of the package. The exact shipping costs are calculated at the conclusion of the order in the shopping cart.

Shipping in Italy is free for orders over € 79.00; for smaller orders the information provided by the Shopping Cart should be considered.

 

6. METHOD OF PAYMENT

The Customer will be able to make the payment for the Products and relative expenses for delivery with credit card, PayPal. In case the customer wants the invoice (B2B customer):

6.1 PayPal

Once the order is confirmed, the Customer who has chosen Paypal as payment method, will be redirected to the PayPal site where he can make the payment with his account or using a card, even prepaid, or even with the methods accepted by Paypal and in the compliance with the relevant conditions.

6.2 Credit cards

The circuits available for purchase on the Web Site are:

• Visa / Visa Electron
• Mastercard
• American Express

The Customer, after confirming the order, can pay directly using their credit or debit card or other electronic card enabled for online payment, according to the instructions that the store will indicate.

The Site does not store the Customer's credit card number.

 

7. INVOICING

If the purchase is made by a professional (B2B) it will be possible to request an invoice by filling in the appropriate fields during the order procedure and entering the billing data including tax code and / or VAT number specifying the intra-community VAT number. In this case, the invoice will be sent via email to the indicated address . The professional is responsible for the correct insertion of billing data and is expressly informed that, in case of failure to fill out all the fields at the time of the order, it will not be possible to request it later.

 

8. TRANSPORTATION AND DELIVERY

The products purchased on this Shop will be delivered to the address indicated by the Customer during the purchasing procedure in the "Shipping information" field.

All purchases will be delivered by express courier (hereinafter, "Courier") from Monday to Friday, excluding holidays and national holidays. e-yummy Srl shall not be held responsible for unforeseeable delays or delays not attributable to it or in the case of non-delivery, even if the courier indicates a successful delivery.

Once the Products have been shipped, the Customer may receive a confirmation email that includes a reference link to track the shipment.

Delivery services active abroad:

Shipments abroad can take place with different couriers depending on the country of destination to guarantee customers the best available rate.

Countries in which the service is available: Austria, Holland, Belgium, Luxembourg, Denmark, Czech Republic, Romania.

 

9. RIGHT OF WITHDRAWAL

9.1 Order cancellation

The Customer has the right to cancel his order for any reason, without the need to provide explanations and without any penalty, except in cases where the right of withdrawal is excluded pursuant to the following article 8.2 point 4). To exercise this right, the Customer must send a communication to e-yummy Srl within 14 days from the date of receipt of the Products by contacting e-yummy Srl or if he intends to exercise the right of withdrawal before having received the Products, the notice of withdrawal may be sent at any time prior to their receipt.

This communication must be sent by registered letter with acknowledgment of receipt, addressed to e-yummy Srl, Via Poggetto 7, Serra Sant'Abbondio 61040 (PU), or by certified electronic mail (PEC) to the address e-yummy@pec.it or by ordinary email as indicated on the Contact page.

Upon receipt of the communication, e-yummy Srl will open a file for the management of the returned Products and will communicate to the Customer the instructions related to the return of the Products, which must be done through the courier indicated by e-yummy Srl. Delivery Costs for the return of the Product shall be borne by the Customer.

9.2 Conditions for exercising the right of withdrawal

The right of withdrawal is subject to the following conditions:

1)The law applies to a Product purchased in its entirety; therefore, if the Product is made up of several components or parts, the cancellation cannot be exercised only on a part of the purchased Product.

2)In case of exercise of the right of withdrawal, e-yummy Srl will refund the Customer the full amount of the returned Products, including any shipping costs, within 14 days from the date on which the notice of withdrawal was received, without prejudice to the right of e-yummy Srl to suspend the payment of the refund until the actual receipt of the Products. The refund must be made using the same payment method used by the Customer.

3) The Products must be returned, closed and perfectly intact, in the same box in which they were received.

4) The right of withdrawal is however excluded in the following cases:

• orders for personalized or clearly personalized Products;
• orders of Products that risk deteriorating or expire rapidly;
• orders for sealed Products which cannot be returned for reasons of hygiene or health protection, or which have been opened after delivery.

In cases where the right of withdrawal is excluded, e-yummy Srl will inform the Customer indicating the reasons for exclusion.

 

10. WARRANTY AND LACK OF CONFORMITY

In case of lack of conformity of the Products sold by e-yummy Srl, the Customer shall immediately contact the Customer Service using the appropriate contact form accessible on the Site in the "Contacts" section.

The sale of the Products will be subject to the legal guarantees provided for by the Consumer Code. The Customer has the right, at his discretion, and to the extent permitted by the type of Product, to restore the conformity of the Product free of charge through repair or replacement, or to an appropriate reduction of the price or to terminate the contract.

The Customer loses these rights if he does not report the lack of conformity to e-yummy Srl within 14 days from the date on which he discovered the defect, unless the Product by its nature is perishable or subject to a shorter term, in which case the defect must be reported within this shortened period.

 

11. ERRORS AND LIMITS OF LIABILITY

The information regarding the Products provided through the Site are regularly updated. However, it is not possible to guarantee the total absence of errors for which e-yummy Srl shall not be held responsible, except in cases of willful misconduct or gross negligence.

e-yummy Srl reserves the right to correct any errors, inaccuracies or omissions even after sending an order, or to modify or update information at any time without notice, without prejudice to the rights of the Customer under these General Conditions of the Consumer Code.

Without prejudice to the hypothesis of willful misconduct or gross negligence, the right of each Customer to compensation for damage or the recognition of an indemnity is excluded, as well as any contractual or extra-contractual liability for direct or consequential damages to persons and / or things, caused by the failure acceptance or even partial fulfillment of an order.

-yummy promotes the responsible consumption of alcohol and excludes any responsibility 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. By purchasing any alcoholic product you declare to be over the age of 18 as per art. 7 of Legislative Decree 158/2012. E-yummy assumes no responsibility in the event of a purchase made by minors under the age of 18 who have declared that they are of a different age.

 

12. COMPLAINTS

Any complaint must be forwarded to e-yummy Srl using the appropriate contact form accessible on the Shop in the "Contacts" section, or by contacting info@e-yummy.it.

 

13. SALE OF ALCOHOL

Alcoholic Products, of any kind, cannot be sold to minors under the age of 18. By purchasing these products, the Customer declares to be of over the age of 18 and to assume all responsibility, freeing e-yummy Srl in the event of a false declaration on the age of the same.

 

14. APPLICABLE LAW AND JURISDICTION

The sales contract between the customer and e-yummy Srl is concluded in Italy and is governed by Italian law. For the resolution of disputes relating to the interpretation, execution or resolution of these General Conditions or individual purchase orders if the Customer is a consumer pursuant to the Consumer Code, it is exclusive to the Court of his place of residence or domicile. In all other cases, the territorial jurisdiction is exclusively that of the Court of Pesaro, excluding any other competent Court.

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Pursuant to Article 1341 of the Civil Code, the Customer confirms that he has read, understood, and accepted, and that he expressly accepts, all the clauses of the Terms and Conditions.