Terms and conditions of Sale
1. GENERAL PROVISIONS
These general conditions of sale according to Legislative Decree 206/2005 (Consumer Code), and in particular to articles 49 ss. and art. 66-quater C. d. C., regulate the relationship between Farage Cioccolato di Farage Cioccolato srls, Via Gadames 128 - 20151 Milan (MI) Italy - VAT number: 10868710962 - hereinafter referred to as "the Seller", on the one hand, and each person or company, called "the Customer", on the other hand, to place an online order on the website https://faragecioccolato.it/ for himself or on behalf of third parties, for professional or private purposes.
The products are described on the website https://faragecioccolato.it in good faith and with the greatest possible precision.
The presentation of the products is not binding on the Seller and does not constitute an offer in a legal sense of the term.
Pending the perishability of the products offered, consumers do not have the right to cancel the purchase.
The customer must select the products he wishes to purchase and specify the quantity and weight (where available).
The products will be automatically added to the customer's cart.
Before ordering a product available on the site, or at the same time as the payment procedure, the customer must open his own account by clicking on "LOGIN / REGISTER". The customer must complete a form to create his own profile. The customer must also provide his email address and choose a password that will remain personal and confidential and will subsequently be necessary for his identification on the site at any time. The Customer must also fill in all the required fields with their own data or those of their company, and the shipping address, if different from personal data, including the VAT number. For customers based in Italy, whether they are individuals or companies, the insertion of a valid tax code or VAT number is required.
At any time the customer can obtain a summary of the products he has selected by clicking on the "cart" icon, to view the products currently in the cart and to change their quantity or by deleting those items that he no longer wishes or that were entered by mistake . To purchase click on "complete order".
Therefore, to order the products he has chosen, after clicking on "complete order", the Customer must identify himself, if he has not already done so, by filling in the required fields or by entering his email and password previously chosen in "Register".
The customer can choose the preferred payment method.
In this way the customer accepts these "Terms and conditions of sale" and finalizes his order. The order is registered and the sale becomes final.
The confirmation email that the Seller sends to the Customer concludes the contract and implies unconditional acceptance by the Customer of these terms and conditions. The order details are indicated in the confirmation email.
The order form must be kept in the Seller's electronic register, stored on a reliable and durable medium, considered as proof of the contractual relations between the parties. It also provides proof of the availability and price of the items.
The Seller is not required to terminate the order until he receives payment of the purchase sum. The Seller reserves the right to subject the order to various and further checks, to suspend or refuse, especially if the order is incomplete, if the data provided is incorrect, if the Customer has not proceeded with the balance of the previous orders, or for any other reason and title that the Seller may consider.
Orders are not final until they have been confirmed by the customer paying the price.
The prices of all the products available on the website https://faragecioccolato.it/shop are expressed in Euro, including the VAT rates in force in Italy at the time of purchase, net of shipping costs which will be calculated in the final phase of the purchase before sending the order confirmation based on the place of destination entered in the registration phase. The Seller reserves the right to change prices at any time. The products, if available, must still be invoiced in Euros at the rates in force when the order was registered. Placing an order implies acceptance of the price indicated for the chosen product.
The total price indicated in the order confirmation is the final price, including all taxes (where applicable) and shipping costs.
6. CUSTOMS DUTIES
Any order placed on the site to be shipped outside the EU may be subject to taxes and customs duties when it reaches its destination. The taxes and customs duties relating to the delivery of an item are to be attributed exclusively to the customer and are his responsibility. The Seller is not required to know and inform the Customer of any customs duties and taxes that may be applied. The Seller advises the Customer to contact the competent authorities of his country of destination for further information.
7. PAYMENT METHODS
The website https://faragecioccolato.it/shop is governed by Italian law and the products offered for sale are shipped from Italy. Invoices are drawn up in Euros.
The Seller accepts the following payment methods:
Payment via PayPal will be made to Brera5.
PayPal allows you to make payments through access to your account or even by credit card or prepaid card, to all users who do not yet have an account and need to make payments through the service. The payment channels accepted by PayPal are Visa, Visa Electron, Mastercard, Postepay and Aura.
In case of purchase through the PayPal payment method, at the conclusion of the order, the Customer is directed to the PayPal login page. The amount relating to the order is charged to the PayPal account or to the selected credit card. In case of cancellation of the order, both by the Customer and in the case of non-acceptance by us, the amount will be refunded to the Customer's PayPal account or to the selected credit card within the third day following the cancellation of the order. .
Any delays in the release of the sums will depend exclusively on the Paypal system. At no time during the purchase process, the Seller will be able to know the Customer's financial information. Since there is no data transmission, there is no possibility that this data will be intercepted. No computer archive of our company contains, nor does it store, such data. For each transaction made with the PayPal account, the Customer will receive a confirmation email from PayPal.
For more information on the legal agreements for PayPal services, please consult the following guide: https://www.paypal.com/it/webapps/mpp/ua/legalhub-full
For more information on Paypal security please see the following guide:
Whatever the payment method used, the order is not taken into consideration until it is validated. The Seller must therefore send a confirmation email and the customer's account will be debited.
The Seller guarantees the full confidentiality of the banking information which automatically controls the Customer's right to use the credit card and encrypts all operations to guarantee confidentiality.
Payment by credit card will be made in favor of Farage Cioccolato srls.
Credit card transactions are handled by the secure GestPay server. The customer's card details are managed exclusively by the Banca Sella Group's GestPay website and servers.
Transactions are made through secure connections: "https" prefix in the address bar and the padlock symbol in the browser.
Compliance with the security protocols provided by the international circuits Verified by Visa and Secure Code Mastercard which guarantee the operator immunity from fraudulent disclaimers (in the cases provided for by the IC).
Acceptance of Visa, Visa Electron, Mastercard, Maestro cards.
With payment by credit card, no type of supplement will be charged.
8. PROOF OF THE TRANSACTION
The parties accept electronic evidence in the framework of their reports (email, back-up, etc.).
The parties agree that the data recorded by the Seller on an e-commerce platform or paper records are proof of all the Customer's transactions on the site. The data recorded by the payment system are proof of financial transactions.
Order forms and invoices are stored on a reliable, durable and exhibitable medium as a covenant proof.
9. PROCESSING ORDERS
Orders are processed from Monday to Friday, excluding holidays. Packages are shipped from Italy within a maximum of 5 working days after receipt of payment for the order.
The Seller cannot be held responsible for any delay or non-delivery due to fortuitous cause or fact of the third party or of an event beyond its control, which may make the execution of the contract impossible or more expensive, in whole or in part, o for third party acts such as suppliers of the parties to this agreement, subcontractors, agents and representatives, or if the Customer does not fulfill its commitments.
Timely delivery of products will take place only if the Customer has fulfilled his obligations towards the Seller. The delivery times indicated in the order or the summary of the order are provided in good faith, such as mere ordering terms. Delivery times are not in themselves an essential condition of the contract and the Seller is not required to pay any compensation.
The Seller reserves the right to entrust some third party services, employees or agents who work under their own responsibility, within the limits established by the law and by the accreditation regulations.
The products purchased must and will be sent to the shipping address provided by the customer. The Seller cannot be held responsible for the consequences of any errors made by the Customer at the time of the order.
The Seller cannot be held responsible for the non-execution of the contract in the event of force majeure, unrest, or partial or total strikes, in particular, of any means of transport services or couriers.
A detailed invoice corresponding to the order, drawn up in the name of the customer, if explicitly requested will be attached to the order.
10. DELIVERY TIMES, MODES AND EXPENSES
The Seller can accept orders for delivery in Italian territory (excluding San Marino and Vatican City) in the EU area: Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Estonia, Finland, France, Germany, Latvia, Lithuania, Luxembourg, Malta , Netherlands, Poland, Portugal, Czech Republic, Romania, Spain, Sweden, Hungary.
The Seller delivers the products by courier and / or trusted carriers within 24/72 hours from the confirmation of the Customer's order, depending on the availability of the products and the place of destination of the goods. The times for delivery terms are indicative and are in no way binding for the Seller and in any case will not exceed 30 days from the receipt of the order confirmation emali by the customer. No responsibility can be attributed to the seller in the event of delay in processing the order or in delivering what has been ordered.
For each order placed on the website https://faragecioccolato.it/shop, the Seller issues an accompanying document of the material sent. For the issue of the invoice or other tax document, the information provided by the Customer at the time of the order is authentic. After the issuance of the invoice or other tax document, it will not be possible to make changes to them.
Shipping costs are charged to the customer and are clearly spelled out when placing the order, based on the customer's country of origin. Nothing is owed more by the customer than the total order.
Shipping methods and costs vary depending on the country of destination of the goods.
Standard shipping in Italy costs € 7.00. The latter is donated by Farage Chocolate for all orders over € 80.00.
In Italy the shipment is made with UPS and TNT, from Monday to Thursday from April to September and from Monday to Friday from October to March.
This allows us, except in cases of force majeure or unforeseeable circumstances, to deliver to Italy within a maximum period of 5 (five) working days from the day following that in which Farage Chocolate has confirmed the order to the Customer via a specific email of order confirmation. From April to September we do not ship on Friday for reasons related to high temperatures which in some way could damage the products in case of storage. For this reason, on orders made processed on Friday, 1 (one) additional working day must be added for the delivery of the goods.
Shipping costs are as follows:
Delivery in Italian territory, islands included (excluding San Marino and Vatican City)
up to 6 kg - € 7.00
from 6 kg to 12 kg - € 12.00
from 12 kg to 20 kg - € 15.00
Delivery to the EU (Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Estonia, Finland, France, Germany, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Czech Republic, Romania, Spain, Sweden, Hungary)
up to 3 kg - € 12.00
from 3 kg to 6 kg - € 15.00
from 6 kg to 10 kg - € 18.00
from 10 kg to 20 kg - € 20.00
Deliveries by courier are made during working hours, therefore it is preferable to enter an address where someone is always present for collection, otherwise the package will go into storage with consequent delay in delivery and possible charge of custody costs.
The delivery of what is ordered is on the street level. There is no delivery on the floor.
At the time of delivery of the products, the Customer must check that the packaging is intact and not altered even on the closing tapes.
In the event of tampering and / or breakages, the Customer must immediately contest the shipment and / or delivery by affixing the writing "reserve of control of the goods" on the delivery document received by the courier or other operator.
Subsequently, he must report any damage within 2 (two) days of receipt of the products in the manner provided by the operator chosen for shipping and / or delivery and / or by the operator.
In the event of failure by the Customer to collect the Products ordered and present in stock at the courier's warehouses within 2 (two) working days, the Seller will cancel the purchase order due to the impossibility of delivery of the Products to the address indicated by the Customer at the time of the order, with the latter being charged for the costs of storage / storage of the Products. Since the goods delivered are of a food nature and therefore perishable, the customer will not be refunded in any case for the amount already paid.
The Seller and the courier decline all responsibility for non-delivery deriving from causes due to non-collection, incorrect address or incorrectly entered address or other causes not dependent on their will.
All our packages are Farage Chocolate branded, bear an identification label with the recipient's data and are sealed with personalized tape.
If you receive a tampered or damaged neck, remember to indicate it on the signed document that you will have to return to the courier.
For any further information contact our Customer Care (firstname.lastname@example.org).
Any UPS service outages
If UPS is unable to start or continue the transport of the sender's shipment for reasons not attributable to itself, this will not constitute a breach of the contract entered into with the sender, but UPS will have to do everything reasonably possible, given the circumstances, to start or continue transportation. By way of example, they will constitute events of force majeure: interruption of land routes or air routes due to bad weather, as well as fire, flood, wars, riots or riots, initiatives by government authorities or other authorities (including, only to by way of example, customs), labor disputes or obligations involving UPS or third parties.
In the event that the carrier has been chosen by you outside of those proposed during the purchase, the risk of damage and loss of the Products is transferred to you already at the time of delivery to the carrier itself, precluding any dispute regarding the characteristics out of what delivered. In this case, any dispute must be made directly by you against the carrier.
10. ABSENCE OF THE RIGHT OF WITHDRAWAL
The right of withdrawal according to art. 59 Legislative Decree 206/2005 (Consumer Code) does not apply to contracts concluded through the website https://faragecioccolato.it/shop
Sale offers are subject to product availability. If a product is unavailable after the order has been validated, the Seller undertakes to inform the Customer as soon as possible, by e-mail or by phone. The customer can then request the cancellation of the order. When the refund is in order, the amount must be credited to the customer's credit card account within thirty days of cancellation.
Farage Chocolate COUPON is a digital coupon of a predefined value to be used for online purchases only on the website https://faragecioccolato.it/shop. It is assigned on a promotional basis on certain occasions and periods of the year, it is valid immediately without a refund on the remainder.
The coupon is used by entering a Discount Coupon code during the purchase phase from the site https://faragecioccolato.it/shop and through its application via a dedicated button.
13. INTELLECTUAL PROPERTY
All texts, comments, illustrations and images reproduced on our website are covered by copyright. All rights reserved. Any partial or total reproduction without the Seller's consent is prohibited. Ordering does not involve the transfer or granting of intellectual property rights, unless expressly indicated.
The proposed products comply with the law. The Seller cannot be held responsible if it has performed its services in accordance with it.
15. TRANSFER OF OWNERSHIP
Farage Cioccolato di Farage Cioccolato srls Unipersonale retains full ownership of the products sold until the total amount due by the Customer has been received. The transfer of ownership of purchased goods does not fall within the scope of this contract. Only customers who originally purchased these goods can claim to adhere to the clauses of these general conditions of sale.
16. PROTECTION OF PRIVACY
The provision of personal data for online sales is mandatory as it is necessary for order processing and shipping and for billing. This information is strictly confidential. Failure to provide information involves the automatic rejection of the order.
The Seller undertakes not to disclose the information provided by its customers to third parties. They are used only for internal management purposes, that is, for order management, billing, service, solvency, marketing or personalized advertising without the list being exhaustive.
However, it can be used by the Seller for its commercial prospecting.
Customers who wish to do so have the right to object to the processing of their data for personalized marketing, with a simple request and free of charge.
Any order by the Customer and all deliveries made by the Seller implies full and unconditional acceptance by the Customer of these general conditions of sale, excluding any other document, such as the Customer's own terms and general conditions, or any brochures, catalogs, etc., which are provided for information purposes only.
The parties expressly agree that these general conditions apply to their commercial relations, unless otherwise provided in writing. The express waiver of one of the general or particular terms or conditions does not affect the application of the other general or particular clauses.
The cancellation or inapplicability of one of the clauses of the general or particular conditions, has no effect on the totality of the other provisions of the general and particular terms and conditions, which remain valid and applicable.
The fact that the customer has not received these general conditions in his native language does not exempt him from their application.
The ordering of any product proposed on the site presupposes the reading and express acceptance of these general conditions, and this acceptance does not require the customer's handwritten signature.
The validation of the order form by the Seller constitutes an electronic signature, equivalent to an autographed signature, confirming that the order is complete and that the sums due for filling this order are payable.
The Seller reserves the right to modify its general terms and conditions without personally informing the customer and without the Customer being able to claim any kind of compensation. It is up to the Customer to periodically check whether changes have been made. The customer can copy or print these general conditions of sale, provided they are not altered.
In case of disputes according to the provisions of art. 14 of EU Regulation 524/2013 and implemented in art. 141 of Legislative Decree 206/2005, refer to the European dispute resolution platform: https://webgate.ec.europa.eu/odr
19. APPLICABLE LAW
This contract is regulated by the Italian law.