Terms and conditions of sale

Terms and conditions

ITALIAN FOOD & WINE SRLS – Terms and conditions online

Contract’s terms

These terms and conditions constitute a legally binding contract that governs your use of the site each time you place an order with us. Before using the site, you are therefore responsible for reading this document carefully. The use of the italianfandw.com website on your part is conditioned by the acceptance of our privacy policy and by the application of these terms and conditions (“ITALIAN FOOD & WINE rules”). By using the italianfandw .com website, you declare that you have fully accepted the ITALIAN FOOD & WINE rules. Otherwise you will not be authorized to use it. Please note that italianfandw.com reserves the right to change these terms and conditions at any time, so we advise you to check them periodically.
Read the following sections carefully, as they contain the terms and conditions that govern your use of the site. We also advise you to consult the Privacy Policy applicable to the site.

If you have questions, comments or concerns regarding this contract, any other section of the site or our range of products and services, or if you have encountered technical problems while using the site, please contact us.

Definitions

“Seller” means ITALIAN FOOD & WIEN SRLS, a company registered in Italy, no. UD – 298608 (for the purposes of these terms and conditions, also means “italianfandw.com”), with registered office in Via Monte Lussari 5, 33100 UDINE (UD).
“Buyer” means the person whose name is indicated on the Order.
“Contract” means the Order and the Order Confirmation (including any Special Conditions).
“Defective” means a product with defects or imperfections or a damaged or incomplete product.
“Products” means the products supplied by the Seller in accordance with these terms and conditions.
“Order” means the order of Products made by the Purchaser.
“Order Confirmation” means the written Confirmation provided by the Seller in accordance with Condition 3 (b).
“Price” means the price in effect at the date and time the Order was placed, including shipping and packaging costs, as well as any promotional offers or discounts.
“Person” means any natural person, company or company.
“Special Conditions” means any conditions relating to Orders defined as such in the Order Confirmation.
“Terms and Conditions” means the standard terms and conditions of use of the site illustrated in this document.
“Written content” means, except for the purposes of Condition 9, any e-mail containing the names of the sender and the recipient and any content displayed on the screen on monitors or similar devices.

     2. General conditions of Sale

3. The Contract will be governed by these terms and conditions and any special conditions, excluding any other terms, including any terms and conditions that the Purchaser may claim under any purchase orders, order confirmations or other documents.
4. Any changes to these terms and conditions and the Special Conditions will be binding on the Seller only and exclusively if agreed in writing between the authorized representatives of the Seller and the Buyer.
5. The Seller’s employees are not authorized to issue any declaration on the Products that is not confirmed in writing by the Seller. By entering into a Contract and accepting delivery, the Purchaser declares that it is not based on statements concerning the Products that have not been confirmed as indicated.6. Orders and specifications

7. All Products may be purchased subject to availability and upon acceptance of the Order by the Seller. The Seller reserves the right to refuse any Order without any obligation to provide explanations. No Order can be considered accepted by the Seller until it is confirmed without conditions in the

8.Order Confirmation.
In line with a policy of continuous product development, the Seller reserves the right to change the specifications of any Product without prior notice. Therefore, the Products supplied may vary (especially cured meats and cheeses) depending on the environmental conditions and the cuts.
The Seller undertakes to illustrate and describe as accurately as possible the weights and the quality of the products.
9. Price, payment and currencies
All prices include VAT. The Purchaser is responsible for paying any other tax payable in the country in which the Products are shipped.
Payment must be made by credit / debit card or by PayPal at the time the Order is accepted by the Seller. In this circumstance, a full payment will be required and the Contract will become effective.
The Seller can accept payments in different currencies, therefore the Buyer can choose the currency with which to view the prices of the products and the summary of purchases in the cart.
The Purchaser guarantees that all data provided to the Seller for the purpose of the Order and delivery are correct, that the payment method chosen is the property of the Seller and that sufficient funds or credit resources are available to fully cover the cost of the Products ordered. The Seller reserves the right to verify the validity of the credit / debit card or of the Buyer’s PayPal data before accepting the Order.
10.Delivery
The Products will be delivered to the address indicated on the Order by DHL Express or other courier (unless otherwise agreed).
The Seller undertakes to process the Order and package the Products within the time specified for each item. Any delivery date of the Products is provided for indicative purposes. Delivery times are not covered by this Contract and the Seller can not be held responsible in any way for losses or expenses incurred by the Purchaser due to delays in the delivery of the Products, regardless of the reason for the delay.
The Purchaser must check the Products on delivery and, in the case of deliveries by courier, must sign the appropriate delivery receipt or acceptance. The signature on this document will constitute the final proof that the Purchaser has received the quantity of Products indicated on the document and that the Products are free from defects or apparent damage. The Purchaser can not refuse the Products, in whole or in part, on the sole cause of incomplete delivery of a lot. If at the time of delivery declares that the Products are damaged or incomplete, the Purchaser, or whoever for him, must immediately provide a written and signed statement describing the alleged damage or defect.
The Seller reserves the right to deliver the Products in batches. In this case, the terms of each delivery will be governed by a different contract. The Purchaser will not be entitled to withdraw from the Contract (in its entirety) in case of failure to deliver one or more lots by the Seller or to have a complaint about them.
In the event of non-fulfillment by the Purchaser in receiving the delivery of the Products, the Seller will have no reimbursement obligation.
The Products can not be returned to the Seller, except in the cases provided for in Condition 7.
Passage of ownership and risks

The risk of damage and loss of goods is transferred to the buyer upon delivery of the product to the carrier. The Seller reserves the ownership of the good sold until the payment of the total purchase price and of all the sums that must be paid by the Buyer under the Contract or any other agreement between the two parties.

Returns, refunds and cancellation rights
The Purchaser will be entitled to cancel any Order of Products only in the following cases:

(i) if the Seller has not delivered the ordered Products within 28 days from the date of the Order;

(ii) in the case of defective Products, as soon as possible after identification of the defect or damage (it will be assumed that the inspection of the Products by the Purchaser occurs within a reasonably short time from delivery and, in any case, not exceeding 14 days).

Cancellation requests must be sent via e-mail to the italianfandw .com address indicated below.
For the avoidance of doubt, except in the case of defective or damaged products, no clause of these terms and conditions will give the Purchaser any right to cancel an Order of Products which, due to their characteristics, have been created and customized according to the indications Buyer.
In the cases of cancellation set out in Condition 7 (a) above, the Seller will be required to pay all amounts paid (including any initial and redelivery costs) in relation to the Products in question.
All items that will be returned by the Purchaser must be received by the Seller in their original packaging (stored for this purpose by the Purchaser) and must be unused.
Limitation of liability
The Seller will not be responsible for incomplete deliveries or defective Products, in the absence of complaints notified in writing in accordance with Condition 7 (a), or in the event of failure to find the defect by the Purchaser after an appropriate inspection of the Products. The notification must include the order confirmation number, the delivery note number and the details of the claim. If the claim is justified, the Seller may, at its discretion, replace the Products (or the relevant part) or reimburse the Purchaser for the total amount (or an appropriate percentage) of the Price paid for the purchase. The Seller disclaims any other liability towards the Buyer in relation to the object of this Condition.
The Seller can not be held responsible in any way for losses, damages, costs or expenses (including profit losses) deriving directly or indirectly from omissions or delays in the fulfillment of the obligations foreseen by the Contract due to events or circumstances outside of its reasonable control, including (by way of example) strikes, worker mobilizations, power outages or equipment malfunction, government measures or incident.
The responsibility of the Seller and their respective officers, employees, subcontractors and suppliers for any claim resulting from the fulfillment or non-fulfillment of their obligations in relation to the use of the information provided under the Contract, or the provision of the services contemplated therein, and basis of guarantees, contracts, negligence, objective or other liability, can not exceed the net purchase price (excluding taxes and transport costs) of such products or services. In no case will the Seller be liable for damages resulting from lost profits or profits, increases in the purchase or supply of materials or services, cost of replacement capital, claims from Purchaser’s customers, usage fees or inventory , or incidental or consequential damages of any nature.
In no case, the marketing partners or affiliates (for example, Facebook) will be held liable towards the Purchaser in relation to the services provided through the italianfannw.com website. The Seller disclaims any liability on behalf of such partners and affiliates.
This limitation of liability shall have priority over any inconsistent or contradictory clause contained in the documents that make up this Agreement. The Purchaser must take all necessary precautions to ensure that the computer and / or software used is free of viruses and other harmful elements. In no case may the Seller be held liable towards the Buyer or third parties associated with the Buyer for direct, indirect, special or consequential damages resulting from the use of the Italianfannw.com site or any other linked site, including, by way of example, for losses of profits, interruptions of activities, loss of programs or other data on the Purchaser’s data management systems or other, even if the Seller has been warned of the possibility of such damages. Intellectual property This website belongs to the Seller and is managed by italianfannw.com. Unless otherwise specified on the site, italianfannw.com holds the copyright to all the contents of the site, which include the following: text, graphics, logos, sound clips, trademarks, information on software servers and any other content hosted on the website. All rights to content, services and information on servers are reserved. Any changes made to the contents of this website by third parties will constitute an infringement of the copyright rights of italianfannw.com. Furthermore, the italianfannw.com website may contain other proprietary and copyright information, the terms of which must be respected and observed. No content of this website may be interpreted, by implication, foreclosure or otherwise, as granting a right or a license to use the site or the information displayed therein, without prejudice to: (a) to the extent expressly permitted by these terms and conditions; or (b) subject to the written consent of italianfannw.com or the trademark owner or copyright of the information displayed on the site. The logo, name and other trademarks of italianfannw.com on the website are registered trademarks or registered in the European Union and / or other jurisdictions. The names of services, scripts, button icons, page headers, logos and graphics of the site are trademarks or commercial images of italianfannw.com, which can not be used in connection with third-party products or services in misleading for customers or in any other way that is offensive or disparaging to italianfannw.com. All other trademarks that do not belong to italianfannw.com and that are displayed on the site belong to their respective owners, regardless of whether they are affiliated, associated, connected or sponsored by italianfannw.com. Buyer agrees that as an explicit condition to maintain an account on the Seller’s site, you must not use the service offered to violate the intellectual property rights of third parties in any way. The Seller reserves the right to immediately delete, without prior notice, the Buyer’s account in case of alleged or actual infringement of the intellectual property rights or copyright of third parties, as well as to remove all content attributable to infringement from website. Claims for third-party copyright infringement

(i) The Purchaser declares to be aware of the fact that italianfannw.com is a “service provider” protected by the Italian copyright laws and, therefore, can not be held responsible for violations of third-party copyright .

(ii) italianfannw.com respects the intellectual property of others. If you believe that your work has been copied infringing your copyrights, you can contact the person in charge of italianfannw.com providing the following information:

(a) A physical or electronic signature of the person authorized to act on behalf of the copyright owner;

(b) A description of the work you claim to have infringed the copyright and the position on the site italianfannw.com where the material attributable to the violation is found;

(c) Your address, telephone number and e-mail address;

(d) A statement in which you claim to have a good faith belief that your work has been the subject of a copyright infringement;

(e) A statement that is subject to the perpetration of perjury in which you state that the information you have provided is accurate and that you are the copyright owner or a person authorized to act on his behalf.

For complaints about copyright infringement on the site, you can contact the person in charge of italianfannw.com at the following address:

ITALIAN FOOD AND WINE SRLS

Via Monte Lussari 5

33100 UDINE (UD)

ITALY

The Seller is a data manager registered under the GDPR (EU Regulation 2016/679). (hereinafter the “Data Protection Act”).
The Seller undertakes to process all personal data obtained through the Website in a manner compliant with the principles established by the Data Protection Act. For more information, you can consult the Italianfannw.com Privacy Policy.
General notes, various and possible
Notifications

(i) Any notification provided or sent under the Contract must be made in writing. For the purposes of this Condition, the contents displayed on the screen on monitors or similar devices will not be considered “in writing”.

(ii) Notification for the Seller must be sent to the address provided in Condition 9 (e) and those to the Buyer to the address indicated on the Order. These notifications will be considered duly made if they are entered as indicated and sent in the following ways:

* personally, at the time of delivery at the address of the relevant party; or

* by priority mail, two business days after the shipping date.

(iii) The Seller and the Purchaser are required to report to the other party any changes to their name, addressee and address that are relevant for the purposes of this Condition and such notification will only be valid:

* starting from the date indicated in which the change will take place; or

* if no date has been indicated or if the date indicated is within five business days from the date of notification, five business days after the notification has been sent.

(iv) This Condition will not apply in connection with the formal notification of any judicial act or other document relating to disputes arising out of the Contract.

Applicable law and jurisdiction

(i) The Contract will be governed by and construed in accordance with Italian law.

(ii) The parties irrevocably accept to devolve any dispute arising out of the Contract to the non-exclusive jurisdiction of the Italian Courts.

waiver

No omission of the Seller in exercising his or her rights or power under this Contract may be interpreted as a waiver of such right or power in the future in a similar or different manner.

Legal rights

The rights of the Seller and of the Buyer and the remedial measures envisaged by the Contract are to be considered in addition and not by way of derogation from any other right or remedial measure recognized in accordance with the law.

Severability

In the event that a condition or clause of this Agreement should be declared invalid, against public order or unenforceable by a competent court of jurisdiction and such a ruling or order becomes effective in last appeal, such illicit clause will be modified to the extent necessary to make it valid and applicable. If it can not be modified for this purpose, the clause will be completely removed from the Contract and the remaining part of the same will continue to have full validity.

Website availability

Since public networks, such as the Internet, are sometimes subject to interruptions, the Vendor can not guarantee the availability of the 100% italianfannw.com site. While taking all necessary measures to ensure maximum reliability of the website, interruptions and delays of access are unavoidable and the Seller disclaims any liability for damages resulting from such problems.

Typographical errors

The information on the italianfannw.com website may contain typographical errors or technical inaccuracies. The Seller undertakes to provide the most accurate descriptions possible, but does not guarantee that the contents available on the site are always accurate, complete, reliable, updated or correct.

License

The Seller grants the Purchaser the personal, non-exclusive and non-transferable right to access and use the contents on the italianfannw.com website. Any use of the site must comply with all policies defined by italianfandw.com, including the Privacy Policy.

Links to other sites

The presence of links to sites outside Italianfannw.com does not imply acceptance of any responsibility on the part of the Seller regarding the contents or use of such sites. The Purchaser must take all the necessary precautions to ensure that the contents used are free of viruses and other harmful elements.

Headings

All conditions and section headings are intended for reference purposes only and will not affect the interpretation of the Contract in any way.

Account activity, eligibility and user registration

By registering on the italianfannw.com website, the Purchaser declares and warrants that he is at least 18 years of age and of being
able to enter into legally binding contracts under applicable law. The Purchaser undertakes to keep his username and password confidential, as well as to guarantee the accuracy of the information provided on the italianfannw.com website. The user also undertakes not to falsify or omit contact details such as name, address and / or telephone number when registering on italianfannw.com. It is also forbidden to provide a fax number or numbers that have been deactivated as a telephone contact. When using the website, the Buyer must comply with all applicable international, federal, state and local laws. Suspension and / or deletion of the user’s account In its sole discretion, the Seller may cancel the Buyer’s account due to violations of the Italianfannw.com Rules. The Purchaser recognizes and accepts that any breach of the terms set forth in the Contract may result in the immediate elimination of their account and / or the commencement of civil proceedings against them. Right of the Seller to remove contentThe Seller reserves the right, at any time, with or without prior authorization from the Buyer and without any responsibility towards him, to delete from the site italianfannw.com personal information, data, textual content, files, images and other contents of the Buyer and to prevent the same from accessing it. In particular, it is the Seller’s policy to refuse any content which, at its own discretion, it considers to be obscene, in bad taste or otherwise inappropriate (regardless of whether or not it is legal to print such content). Indemnification of Italianfannw.com by the PurchaserThe Purchaser undertakes to indemnify, defend and indemnify the Vendor and its affiliates, employees, officers, representatives and external service providers from any claim and liability (including legal fees) that could derive from the sending of its contents on the italianfannw.com site, and / or from the unauthorized use of contents coming from the italianfannw.com website, and / or from violations of the Contract, or from any other loss or damage suffered by the Seller to due to improper use of the Italianfandw.com website by the Purchaser. Right of modification by the SellerThe Seller reserves the right to make changes from time to time to the characteristics and / or methods with which it supplies its services to Buyers, under contract, and therefore to make changes and modifications to these Conditions and to their standards. Purchasers who regularly use the Seller’s services will have to check the relevant links at regular intervals before placing orders. Online Dispute ResolutionIf you are not satisfied with the way we have dealt with a complaint, you can open an online dispute in the European Commission’s online dispute resolution platform. The platform and more information about it are available here:  http://ec.europa.eu/consumers/odr/