General Terms Of Sale

Release of 10.05.2021
Previous versions: none

1. Premises

A) This document establishes the general conditions of sale of goods and / or services offered by the website www.italyexcell.com (“Site”), in e-commerce mode, to private and professional consumers (“Customer/s”) .

B) The Site is owned by ItalyExcell Srl (“ItalyExcell“)
Registered office: …
Tax code. and VAT number ……………………………
Registration in the Business Register of the C.C.I.A.A. of XXX n. ……………… ..
Registration to the R.E.A. of Bari n. ……………… ..
e-mail: ……………………… ..

C) The Site has the structure of a virtual hypermarket, in which numerous Shops are hosted. Each Shop presents a producer (“Producer”) and sells goods and / or services (“Product / s”).

D) ItalyExcell, through the Site, promotes and facilitates the sale of the Products presented in the Stores, of which the respective Manufacturers are entitled, sole legal responsible for the Products, for the shipping and delivery processes, as well as for after-sales assistance services.

E) The General conditions of sale are valid, insofar as they are applicable, for all the Shops on the Site. Any different conditions, regarding individual Shops or specific Products, are are highlighted in the respective Shop Conditions. Should the Shop Conditions diverge from the General Conditions of Sale, they prevail over the latter.

F) Information regarding the Manufacturers can be accessed via links located in the respective Stores.

G) The General Sales Conditions and the Shop Conditions are governed by Legislative Decree no. 206 of 6/09/2005 (Consumer Code) and the subsequent update of Legislative Decree no. 21 of 21/02/2014 (implementation of Directive 2011/83 / EU on consumer rights).

H) The Customer is invited to carefully read the Legal documents of the Site (Site Regulations, Privacy & Cookie Policy, General Conditions of Sale). It is considered that every time he makes a purchase or uses a service, he has read and fully accepts the content of the legal documents of the Site as well as of the Shop Conditions if present in the relevant Shops.

2. Compilation of the order

To submit purchase orders, the Customer must perform the following procedures.

2.1. Select the Products you wish to purchase in the Stores, indicating the quantity and loading them into the cart. It will not be possible to select quantities greater than those indicated as available.

2.2. Check the list of selected products in the cart. Eventually he can delete Products from the list, modify their quantity and / or return to the Stores to select new Products.

2.3. To continue, click on the “Next” button. On the new page you are invited to

indicate the personal and tax data useful for issuing the invoice
indicate the name of the recipient and the address of the delivery; for registered Customers, any recipients used in previous purchases are made available by the system for a quick selection; Countries or locations not reachable by ItalyExcell carriers are not accepted by the system .; it is not possible to change the delivery address after formalizing the purchase order (see next point 2.6.d.); without prejudice to the Customer’s right to cancel the Purchase Order as indicated in point 3.3 below.

2.4. By clicking on the “Next” button, the Customer will be presented with the list of Products selected in each Shop, with prices, any discounts, shipping costs, terms of delivery, as well as the percentage and value of the tax required by current legislation.

2.5. By clicking on the “Next” button, the system automatically prepares a Purchase Order for each Shop. For each Purchase Order, the Customer must indicate the recipient, enter any promotion codes and / or gift vouchers.

2.6. By clicking on the “Next” button the customer is invited to

select one of the payment methods described in point 5.1. below and enter the requested data;
confirm that you have read and accept the legal documents of the Site (Site Regulations, Privacy & Cookie Policy, General Sales Conditions and any Shop Conditions); the Customer can access the legal documents from the footer present on all the pages of the Site; the Shop Conditions, if any, are shown on the Shop pages;
register on the Site and create a “Personal Account” according to the methods illustrated in point 5. of the Site Regulations; the creation of the account is necessary to access the services of the Site, but it is not mandatory to make purchases; the Customer who renounces the registration and the creation of the account, during the purchasing phase must in any case provide the data necessary for the management of the Purchase Order (see list in point 4.1.a below); it should be noted that the data of the orders processed by ItalyExcell, even those coming from unregistered customers, are stored in the digital or paper archives of the ItalyExcell headquarters:
formalize the purchase order by clicking on the “Submit order” button.

2.7. The Customer registered on the Site and owner of a personal account can set up purchase orders quickly. After selecting the Products, the system offers him to select a payment method and one of the recipients used in a previous purchase session. If there are no changes to be made, just click on the “Submit order” button to send the purchase order.

2.8. In addition to the advantages described in point 2.7. the Customer registered on the Site and holder of a personal Account can use the following other services:

Check your purchase history and invoices from previous purchases
Take advantage of discounts and concessions (see the document “Promotions & Discounts”);
Take advantage of the privileges reserved for members of Buying Groups (see the document “Buying Groups“)
Receive the ItalyExcell NewsLetter free of charge with updates regarding Stores, new Products, Products in reservation, reserved offers, etc.
Participate in the activities of the InfoBlog: blogs and information on food, health, regions and cities of Italy, publication of personal contributions (read the document “Discover the ItalyExcell InfoBlog“).

3. Sales contract

3.1. After the Purchase Order has been forwarded, ItalyExcell sends the Customer an Order Receipt Confirmation message and, after verifying the data contained therein and verifying that the order amount has been credited, sends the Order Confirmation containing all the data of the Purchase Order, information regarding the shipment and the expected date of delivery. Communications to the Customer are made as provided for in the following points 18.4. and 18.5 ..

3.2. By sending the Order Confirmation, the Purchase Agreement is concluded.

3.3. The Customer can cancel the Purchase Order by sending a communication to ItalyExcell (see next point 18.2.), But only if the shipment has not yet been made. In any case, the exercise of the Right of withdrawal is reserved (see point 10. below).

3.4. In case of cancellation of the Purchase Order by the Customer (see previous point 3.3.) or by ItalyExcell (see next point 7.3.), the amount already paid by the Customer is made available or returned according to the procedures described in point 16. below.

4. Customer Account

4.1. The Customer who has chosen to register on the Site (see previous point 2.6.c), benefits from the advantages listed in the previous points 2.7. and 2.8. and in your personal Account you will find the following sections:

My data
The section contains the personal data useful for issuing invoices and communications with the Customer (name, surname, address for the delivery of invoices, e-mail address, Fiscal Code and / or VAT number when requested);

My orders
The section shows the list of the Customer’s orders with an indication of their status (Suspended, Sent, Confirmed, Shipped, Delivered, Contested, etc.).
For shipped orders, indications are given for the tracking of deliveries.

Recipients of my orders
The section collects the data of the recipients of the executed orders. The recipients of the orders can be, in addition to the Customer, third parties indicated by him.

My Mailbox
The section collects all types of correspondence between the User and ItalyExcell.

My Privileges
The section lists discounts and concessions recognized by ItalyExcell to the Customer. This section also indicates the privileges granted to the customer if he is a member of a Buying Group.

My Wishlist
The section contains the list of Products selected by the Customer but not yet ordered, for which ItalyExcell will send him information, updates, etc .;

4.2. The registered Customer is required to check that the “My data” section of his Account is always updated and to report without delay to ItalyExcell (see next point 18.2.) Any errors and omissions in the other sections of the Account.

5. Methods of payment

5.1. To formalize a Purchase Order, the Customer must select one of the following payment instruments:

Credit card
Bank transfer
PayPal
Gift Card and Prepaid Card issued by ItalyExcell

There are no other payment methods

5.2. For each shopping session, the Customer makes a single checkout and a single payment, even if Products have been purchased in multiple Stores. The system automatically distributes the amounts relating to the purchased Products to the Shops concerned, for which each Shop will issue the relative invoice.

6. Shipping: costs and informations

6.1. Shipping costs are indicated at checkout in reference to the delivery address and are shown in the purchase order, in the order confirmation and on the invoice. If shipping costs are included in the sale price, the note “free shipping” appears in the Product Sheet and in the documents.

6.2. In the case of purchases made at multiple Stores in a single session, the shipment of the Products is still carried out separately from each Store.

6.3. Upon taking charge of the Product by the carrier, ItalyExcell sends a communication to the Customer (see following points 18.4. And 18.5.) with information regarding the delivery.

7. Delivery of Products

7.1. The delivery terms of the Products are indicated in the Purchase Order and in the Order Confirmation. They are, however, to be considered purely indicative. In any case, pursuant to Art. 61 of Legislative Decree no. 21 of 21/02/2014, the delivery terms will not exceed 30 days, unless otherwise indicated in the Product Sheet or agreements established with the Customer in writing.

7.2. In case unforeseen events (eg: strikes, environmental disasters, etc.) should compromise compliance with the delivery terms, ItalyExcell, where it is aware of it, informs the Customer (see following points 18.4. and 18.5.) Indicating the terms of the delay.

7.3. If the Customer is absent from the carrier’s delivery attempts and does not collect the goods from the carrier’s warehouse within the deadline established by the carrier, the Product is returned to the Manufacturer. In this case ItalyExcell contacts the Customer to arrange a new shipment with charge of any costs incurred for the return of the Product to the Manufacturer and for the new shipping costs. ItalyExcell, having consulted the Manufacturer, can proceed with the cancellation of the order by informing the Customer, then makes available or returns the amount paid for the purchase after deducting the amount of any expenses incurred for returning the Product to the Manufacturer. The amount is made available or returned in the manner described in point 16. below.

7.4. The transfer of the goods from the Manufacturer to the Customer, up to the time of delivery, takes place at the risk of the Manufacturer. However, pursuant to Art. 63 paragraph 2 of Legislative Decree no. 21 of 21/02/2014, the risk is transferred to the Customer, already at the time of entrusting the Product to the carrier, if the latter has been chosen by the Customer and this choice has not been proposed by the Manufacturer, without prejudice to the Customer’s rights against the carrier.

7.5. Upon delivery of the goods by the carrier, the Customer is required to check:

that the number of packages delivered coincides with that indicated in the transport document;
that the packaging is intact, not altered, tampered with, damaged or wet.

7.6. After signing the delivery document, as provided for in Art. 63, paragraph 1 of Legislative Decree no. 206 of 6/09/2005, the Customer legally comes into possession of the Product; therefore, it will no longer be able to make disputes regarding the number and external characteristics of the packages delivered, unless, at the time of delivery, it has affixed a reserve notification on the carrier’s delivery receipt.

7.7. Any discrepancies, defects and transport damage, as required by current legislation, must in any case be reported with a message to ItalyExcell (see next point 18.2.) Within 8 days from the delivery date.

8. Deliveries outside the EU area

Products delivered outside the borders of the EU Zone may be subjected to customs inspections and subject to import duties and taxes. These costs, payable in the country of destination and in any case not quantifiable by ItalyExcell, are charged to the Customer who is required to comply with the legislation of that country on import. For any information in this regard, the Customer must contact the competent customs authority of the country concerned.

9. Invoicing

The Customer receives an invoice for each purchase made. For purchases made at multiple Stores in the same session, you will receive (see subsequent points 18.4 and 18.5) an invoice in electronic format from each Store concerned. For the issuance of invoices, the data provided by the Customer at checkout are used and, if registered, the data noted in the “My data” section of his Account are used (see previous point 4.1.a). The data entered on the invoice cannot be changed after the invoice has been issued.

10. Right of withdrawal

Pursuant to Art. 52 of Legislative Decree no. 21 of 21/02/2014, which governs the right of withdrawal, ItalyExcell provides the following information:

10.1. The Customer can exercise the “Right of withdrawal” from the purchase contract within 14 days from the date of receipt of the Product or from the date of receipt of the last tranche of delivery of the Products included in the same purchase invoice, without the obligation to provide any reasons and without having to incur costs other than those indicated in the following points in the following points 10.7. and 10.9.. The “Right of withdrawal” must be exercised separately for each order processed, even in the case of orders placed in the same purchase session.

10.2. The “Right of withdrawal” must be exercised in writing. The Customer, to indicate the will to withdraw, can optionally fill in the “Withdrawal form” [faithful reproduction of the standard Withdrawal form shown in Annex I, part B of Legislative Decree 21 of 21/02/2014] available in the section Contacts of the Site or send ItalyExcell any other explicit declaration which in any case clearly indicates the data of the rejected supply (Supplier shop, invoice number and date).

10.3. The declaration of withdrawal must be sent to ItalyExcell, at the choice of the Customer,

as an attachment to a message to be filled in and sent from the Contact section of the Site
as an attachment to an e-mail message sent to the ItalyExcell e-mail address (see point 1.B. above)
by ordinary mail to the postal address of ItalyExcell (see point 1.B. above); in this case it is advisable to ship by registered mail with return receipt.

10.4. In order to improve the efficiency of the Site’s services and for statistical purposes, the Customer is invited to express a reason for the withdrawal, without however having the obligation to give feedback.

10.5. Upon receipt of the declaration of withdrawal, ItalyExcell authorizes the return of the Product by sending the Customer (see following points 18.4. And 18.5.) the pre-filled “Return Form” containing the return address.

10.6. Within 14 days of the notice of withdrawal, the Customer will make the return using the original packaging of the goods, intact, not damaged by adhesive tapes or other and complete with the original content, including accessories, documentation and any attached software media.

10.7. The return shipment is carried out at the risk and expense of the Customer, who must give the shipping order to a carrier of his choice (Article 57, paragraph 1 of Legislative Decree no. 21 of 21/02/2014).

10.8. Within 14 days from the date of arrival of the notice of withdrawal, ItalyExcell arranges the refund to the Customer of the amount shown in the relevant invoice, including shipping costs if indicated, according to the methods described in the following point 16 .. ItalyExcell will be able to execute the refund immediately after the Manufacturer has received and verified the integrity of the returned Product.

10.9. The reimbursement amount, upon notice to the Customer, is however calculated net

any amount corresponding to the decrease in value resulting from the handling of the goods other than that necessary to establish their nature, characteristics and functioning, pursuant to Art. 57, paragraph 2 of Legislative Decree no. 21 of 02/21/2014, such as
– for damage to the Product, for lack or damage to the original external packaging and / or internal packaging, for reasons other than transport, including deterioration due to the affixing of labels, adhesive tapes, stains, etc.;
– due to lack of integral elements such as accessories, cables, manuals, etc.;
– due to an abnormal state of conservation;
any amount corresponding to the decrease in the value of the goods resulting from damage to the Product during transport; in this case ItalyExcell, in the communication to the Customer, documents the extent of the damage to allow him to promptly file a complaint against the carrier chosen by him.

10.10. The right of withdrawal lapses, pursuant to Art. 59, letters from a) to o) of Legislative Decree no. 21 of 21/02/2014 in case of

provision of services after the complete performance of the same, if the Customer has expressly requested their execution by accepting the loss of the Right of withdrawal;
supply of Products (goods and / or services) whose price depends on fluctuations in the financial market that cannot be controlled by ItalyExcell and which may occur during the withdrawal period;
supply of customized or tailor-made products;
supply of Products that are liable to deteriorate or expire rapidly;
supply of sealed Products that cannot be returned for hygienic reasons or related to health protection and have been opened after delivery;
supply of Products which after delivery are, by their nature, inseparably mixed with other goods;
supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, whose delivery can only take place after thirty days and whose actual value depends on market fluctuations that cannot be controlled by ItalyExcell;
supply of audiovisual products and computer software after the opening of the seals;
supply of newspapers, periodicals and magazines, with the exception of subscription contracts for the supply of such publications;
supply of digital content through non-material support if the execution began with the express agreement of the Customer and his consequent waiver of the Right of withdrawal.

10.11. Goods and / or services on which it is not allowed to exercise the right of withdrawal are reported in the respective Product Sheets.

10.12. If it is found that the right of withdrawal has lapsed (see previous point 10.9.), ItalyExcell notifies the Customer. If the Product has in the meantime been returned to the Manufacturer, ItalyExcell makes it available to the Customer inviting him to appoint a carrier of his choice, and at his own expense, for the recovery of the same.

11. Guarantee of conformity and Conventional guarantee

11.1. In favor of private customers (consumers) the producer recognizes

the Legal guarantee of conformity pursuant to Articles 128 et seq. of Legislative Decree no. 206 of 6/9/2005;
possibly also the Conventional warranty, free or paid, if offered by the manufacturer in addition to the legal one.

11.2. Legal guarantee of conformity

The “Legal guarantee of conformity” provides as follows:

In the presence of a lack of conformity, the Customer has the right, at his choice, to the repair or replacement of the defective Product, without charge, unless the requested remedy is impossible or excessively expensive compared to the other. If replacement or repair is not possible, the Customer still has the right to a price reduction or to have a sum back, commensurate with the value of the goods, after returning the defective Product to the Manufacturer.
The “Legal guarantee of conformity <“lasts two years from the delivery of the Product and must be enforced by the Customer within two months of the discovery of the defect.
To exercise the right to the “Legal guarantee of conformity“, the Customer sends ItalyExcell a simple communication from the Contact section of the Site or to the email or postal address indicated in the previous point 1.B).
Upon receipt of the communication, ItalyExcell sends the Customer (see subsequent points 18.4 and 18.5) the pre-filled “Exercise of Warranty form” containing the address of the Manufacturer to which the Customer will send the Product under warranty.
The Manufacturer takes delivery of the Product shipped by the Customer to verify the lack of conformity, then carries out the repair or replacement of the Product and returns it to the Customer within a reasonable time from the return and without charge of expenses.
In the event that the malfunction does not depend on a lack of conformity, the Manufacturer, through ItalyExcell, presents the Customer with the estimate of the costs for the repair and return of the Product as well as the methods to be followed for the relative payment to be made before the return of the Product.

11.3. Conventional warranty

The Conventional warranty is additional to the legal one and, if available, is disclosed in the respective Product Sheets.
For the exercise of the right to the Conventional guarantee, the same procedures as valid for the Legal guarantee of conformity are followed (see previous point 11.2.).

11.4. Any warranty conditions other than those described above, regarding the limitation of the duration or the exclusion of the Legal guarantee of conformity, provided for in accordance with Art. 33, paragraph 2, letter b), of Legislative Decree no. 206 of 6/9/2005, are also disclosed to the Customer in the respective Product Sheets.

12. After-sales assistance

12.1. Requests for information for after-sales assistance, complaints and any other type of information and communication should be addressed to ItalyExcell using one of the communication methods indicated in the following point 18.2 ..

12.2. The Customer Service processes the requests as quickly as possible and sends the response to the Customer’s address (see following points 18.4. And 18.5.).

13. Declaration of responsibility

The Customer who purchases Products from the Site, implicitly

declares to be 18 years old
undertakes, if registered, to keep the credentials (Username and Password) for accessing the personal account of the Site with the utmost caution; in case of access from public or shared devices, the Customer must ensure that third parties do not misuse his credentials and his access.

14. Acceptance of the Conditions of Sale

14.1. The Customer who makes purchases on the Site declares to have read, accept, share and respect the legal documents of the Site and the Conditions of Shop (see previous point 1.H.) where declared.

14.2. The Customer always has access to the legal documents of the Site and the Shop Conditions, where declared, and can freely print them or download a copy.

14.3. The General Sales Conditions of the Site and the Shop Conditions may be subject to changes, additions or deletions even without notice. The date of the last update and links to previous versions are highlighted in the respective headings.

14.4. The General Sales Conditions of the Site and the Shop Conditions valid for the sales contract are those in force at the time of purchase.

14.5. In the event of a conflict of interpretation, the General Sales Conditions of the Site and the Shop Conditions take precedence over the Site Regulations as well as over the provisions governing other services of the Site.

15. Limitation of Liability of ItalyExcell

15.1. ItalyExcell, owner of the Site, carries out support activities for the sale proposed by the Manufacturers in their respective Stores and, in any case, remains unrelated to the sales contract between the Customer and the Manufacturers.

15.2. The Manufacturer is solely responsible for the Product, for the documentation and images accompanying the product sheet, for the invoicing of the Products purchased, for the management of any requests to exercise the Right of Withdrawal (see previous point 10.), for assistance. after-sales, the provision of the legal guarantee of conformity services (see previous point 11.2.) and any conventional guarantee (see previous point 11.3.), as well as any problem concerning contractual obligations.

15.3. Except, therefore, the cases specifically provided for by the laws in force, ItalyExcell assumes no responsibility

for any errors, omissions, inaccuracies in the descriptions and information published by the Manufacturers in their respective Stores, concerning, for example, the quantity of Product declared as available;
for any non-exact correspondence of the images and colors with the real ones of the Product;
for shortcomings and any data inconsistent with the documentation of the Products;
for any delays in the delivery of the Products due to default by the Manufacturer or the carrier.

15.4. If, during the order confirmation phase, it should find that the quantity of Product ordered by the Customer is not actually available, ItalyExcell will immediately inform the Customer and propose the purchase of a lower quantity of Product or, possibly, delivery. delayed quantities currently missing.

15.5. The amount credited to the Customer, in the case of the purchase of a lower quantity of Product or in the case of renunciation of the purchase, is made available or returned in the manner described in point 16. below.

15.6. Furthermore, ItalyExcell does not assume any responsibility

for the work of third-party suppliers who independently manage services complementary to the activity of ItalyExcell, such as, for example, shipping companies, insurance institutions, credit institutions, etc .;
for any damage of any kind, including IT, economic and business damages, and in any way dependent on the purchases made or the use and operation of the Site;
if the delivered Product does not comply with the legislation of the importing country.

16. Refund amounts of money

If ItalyExcell has to provide for the reimbursement of amounts to the Customer, eg. in cases

cancellation of the order by the Customer (see previous point 3.3.) or by ItalyExcell (see previous point 7.3.)
to exercise the Right of withdrawal (see previous point 10.7.)
purchase of a quantity of Product lower than the quantity ordered or in case of renunciation of the purchase (see previous point 15.5.)

the Customer, by choice, can choose one of the following refund methods:

leave the amount on account for subsequent purchases
purchase a Gift card issued by ItalyExcell
request the refund of the amount; in this case the refund is credited using the same method used by the Customer for the initial purchase transaction. If this method is not usable, the Customer will indicate to ItalyExcell, after taking over any costs, a new method of crediting.

17. Legal reservations

17.1. ItalyExcell reserves the right to refuse supplies to customers

who have provided false, inaccurate or incomplete data when setting orders or registering on the Site or have implemented fraudulent actions of any nature
that we are under 18 years of age
who have not complied with the General Conditions of Sale or other legal documents of the Site
that we have ongoing legal disputes with ItalyExcell or with companies that own the Site’s Stores.

17.2. Should one or more points of this document or part of them be found to be inapplicability or ineffectiveness, this does not affect the validity, effectiveness and applicability of the remaining part of the points or of the entirety of the document.

17.3. The documents “General Terms of Sale” and “Shop Conditions“, if present in the Shops, are published in English and include in the header the link to the “Original version in Italian – Legal version“.
In the event of controversial interpretation of the texts in the various languages available on the Site, the “Original Version in Italian – Legal Version” is valid.

17.4. Any failure by ItalyExcell to exercise its rights regarding intellectual and industrial property or its claims for material and moral damage vis-à-vis customers and third parties does not constitute a waiver of the same, unless otherwise agreed.

18. Information and communications

18.1. To request information, the Customer can consult the FAQs section with access from the footer present in the pages of the Site.

18.2. To request information and to make communications of any kind, the Customer can use the “Contacts” section with access from the footer on the pages of the Site or, alternatively, the ItalyExcell e-mail or postal address indicated in the previous point 1. B).

18.3. The Contact section of the Site contains, in addition to the form for sending messages, the forms

Exercise of the Right of withdrawal
Exercise of the Warranty Right
Request for after-sales assistance
Complaints

18.4. ItalyExcell sends communications to the Customer using the e-mail address provided during checkout or registration on the Site.

18.5. Communications and messages of all kinds between ItalyExcell and the Customer registered on the Site are stored in the My Mailbox section of his Account.

18.6. If the Customer who sends communications is not registered on the Site, ItalyExcell uses in the reply the contact details indicated by him in his correspondence.

19. Applicable law and competent court

19.1. For anything not expressed in the General Terms of Sale of the Site, and in the Shop Conditions or in the Site Regulations, reference is made exclusively to Legislative Decree no. 206 of 6/09/2005, to Legislative Decree no. 21 of 21/02/2014, implementation of Directive 2011/83 / EU on Consumer Rights, and the laws in force in the Italian Republic.

19.2. The solution of any dispute deriving from the interpretation of the General Conditions of Sale and Shop Conditions, of other regulations on the Site or of the regulations in force, is preferably entrusted to the online mediation Concilia Chamber of Italian Chambers of Commerce.

Alternatively

to the territorially competent Court of the Customer’s place of residence or domicile, if resident in Italy or in an EU country;
to the territorially competent Court of the registered office of ItalyExcell, if the Customer is resident outside the territory of the Italian Republic and the EU area.

All the rules of the Site

(Legal version in Italian)

(English version)