(as per section I, Title 3, part 3, od d.lgs 206/2005 and subsequent modifications and integrations)
1. Introduction and effectiveness of the General Terms and Conditions
These general terms and conditions of sale (hereinafter, “General Terms and Conditions”) apply to the sale of products and services through the website shop.delsud.it (nel seguito, il “Sito”) (hereinafter, the Website) under the law known as “Consumer Code”.
The seller of the products and the owner of the Website is: Azienda Agricola GALLO SRL soc. agr. s.r.l. con sede legale in v.le Ofanto 207/A 71121 – FOGGIA - ITALY P.Iva 04192250712 e iscrizione al Registro Imprese di Foggia n. REA: 308481 , email firstname.lastname@example.org (hereinafter “DELSUD”).
The customer who uses this Website to purchase products or services (hereinafter, “Customer”) before sending the order shall carefully read these General Terms and Conditions which will be accessible at any time by the same Customer, also through the link included in the confirmation email of each order.
The agreement entered into with DELSUD through this Website is governed by these General Terms and Conditions in accordance with the Italian law.
2. Choosing and ordering the Products
The features and the price of the products sold on the Website (hereinafter, “Product” or “Products”) are shown on the page relevant to each Product.
For purchasing the Products the Customer shall fill in and send the order form in electronic format, following the instructions on the Website. The Customer shall add the Product to the “Basket” and, after reading the General Terms and Conditions and confirming their acceptance, he/she shall insert the shipping and billing data (if any), select the desired method of payment and confirm the order.
By submitting an order from the Website, which has the value of a contractual offer, the Customer acknowledges and declares to have read all the information provided during the purchase procedure and to fully accept these General Terms and Conditions and the applicable terms of payment.
The agreement entered into between DELSUD and the Customer shall be considered as concluded once the order has been accepted by DELSUD. This acceptance is communicated to the Customer via an order confirmation email containing a reference to these General Terms and Conditions, the order number, the shipping and billing data, the list of ordered Products and the total price, including delivery charges. The Customer shall check the confirmation email and if he/she finds mistakes in the order, he/she shall have 12 hours from the receipt of such email to contact DELSUD directly from the Website using the special contact form, accessible in the page “CONTACTS”.
Once the order has been received DELSUD will check the availability of stock for completion of the order. Should a product not be available, Customer Services will inform the Buyer so that they may decide within 2 days to confirm or cancel the delivery.
3. Information concerning the products
The principle features of the products are shown on the page concerning to each product.
The products are illustrated on the website with photographs of the products themselves. Said photographs have the sole purpose of presenting the products generically. The buyer therefore is aware that the image may not present accurately every feature of the specific products, which may in fact vary in colour and size. Reference must always be made to the written description of the product.
4. Payment and shipping
All prices are shown in Euro and are inclusive of all taxes.
Shipping within Italy:
Shipping within Italy is free on orders above 60,00 €. For lower orders a
6,50 € fee will apply for order from 0 to 5Kg
10,50 € fee will apply for order from 5 to 10Kg
16,00 € fee will apply for order from 10 to 15Kg
For orders over 200,00 € shipping is free. Shipping fees are applied for orders below 200,00 € and vary according to the weight of products and the country of destination. The above mentioned fees will be shown to the Customer as they check out and in any case before purchase confirmation. When Customer selects a Country of destination that differs from Italy, shipping fees will be updated. For specific areas and extra-EU countries we are not able to provide destination country tax and duty charge if occurred.
5. Payment method and billing
5.1 Payment method
The Buyer can pay the price of the product and all packing and delivery charges by bank transfer.
The Buyer must complete the transfer within 2 days of completing the order.
Bank account: Azienda Agricola GALLO SRL soc. agr. s.r.l.
CIN Europeo: 24
Banca: Banca Sella
The bank transfer details must include the date and order number that can be found in the confirmation e-mail.
5.2 Billing of orders
Customers can ask for an invoice, if they previously sent us VAT number and Company data. DELSUD will send it via email.
6. Shipping and delivery
The Products purchased on the Site DELSUD.it will be delivered to the address specified by the customer during the purchase procedure in the field “Data Delivery”.
All purchases will be delivered by courier (hereinafter, “Courier”) from Monday to Friday, except national holidays and festivities. DELSUD is not responsible for unpredictable delays, or not attributable to it.
In any case, except in cases of force majeure or unforeseeable circumstances, the Products ordered will be delivered in EU countries within a period of 5 (five) working days from the day following that on which DELSUD received the payment for the order.
7. Right of withdrawal
Under Article 59 d.lgs 21/2014 the right of withdrawal is excluded in the following cases:
order for Products that are liable to deteriorate or expire rapidly;
Order of sealed products that do not lend themselves to being returned for reasons of hygiene or related to the protection of health or that have been unsealed after delivery.
With reference to the exclusion situations listed above of the right of withdrawal the Customer, in particular, is informed and agrees that among the products that “are liable to deteriorate or expire rapidly” are all the food (like cereals, flours, pulses, wines, spirits and beverages) and beauty products.
8. Warranty and Lack of Conformity
In case of lack of conformity of the Products sold by DELSUD the Customer shall immediately contact DELSUD using the appropriate contact form accessible on the Website page “CONTACTS” or via phone call at +39 329 267 6628.
The sale of the goods is covered by the guarantees offered by Articles 129, 130 and 132 of the Italian Consumer Code. The Buyer has the right to demand conformity, free of charge, of the product via repair or substitution, or of a correspondent reduction in the price or to cancel the contract. The Client will lose these rights should he fail to inform DELSUD of the defect within two (2) days of discovering the defect.
Although information on the products is regularly updated, it is nonetheless impossible to guarantee the absence of errors of which DELSUD may not be held responsible.
DELSUD reserves the right to correct any errors, inaccuracies or omissions also after an order has been sent, or to change or update information at any time without prior notice, without prejudice to the rights of the Customer under these General Terms and Conditions and the Consumer Code.
All complaints must be addressed to DELSUD directly from the Website using the special contact form, accessible in the page “CONTACTS”, or by signed for registered letter to:
Azienda Agricola GALLO SRL soc. agr. s.r.l.
Sede legale: v.le Ofanto 207/A
71121 – FOGGIA
11. Applicable law and reference forum
The sales contract of DELSUD products is to be considered completed in Italy and regulated by Italian law. For any controversies resulting from the distance sales contract, if the Buyer is a consumer, the reference forum will be in their commune of residence or elected domicile if they are in Italy; in all other cases the reference forum will exclusively be Foggia, excluding any other competent court.
Pursuant to Article 1341 of the Italian Civil Code, Customer confirms to have read, understood and accepted, and expressly accepts, the following Clauses of the Terms and conditions: 6 (liability for delivery delays), 10 (Complaints).