Terms and Conditions
FOREWORD DEFINITION OF TERMS (integral part of the contract)
SELLER: Diffusion Foods srl with headquarters in VIA A. PEYRON 38 10143 TURIN TO - ITALY
CUSTOMER: any professional or consumer who purchases Diffusion Foods srl products from the site https://shop.suavisitaly.com
These General Conditions of Sale concern the purchase of products remotely via web on the site https://shop.suavisitaly.com, sold through the Suavis Italian Taste brand (hereinafter Suavis) directly by Diffusion Foods Srl, Via Torino 13, 10046, Poirino (TO), registered with the Turin Chamber of Commerce under number 1046248, Tax Code 09368750015, VAT number: IT 09368750015.br> Diffusion Foods srl markets and partly produces the products on the Site.
2. USE OF THE PORTAL AND SELLER'S LIABILITY | USERS
- The Customer is aware that by using this online shopping platform, the supply of the PC and internet connection is at his expense.
- The portal is made available without issuing any specific warranty or license: the Customer who uses it assumes all the risks associated with the use of the Internet and IT applications (hardware and software) and must ensure that they are in rule with basic IT security measures (antivirus, firewall, etc.) and avoid downloading unsafe or dangerous material.
- The Seller is not responsible and does not respond:
- Of any viruses, malicious codes or any problems related to the Customer's internet browsing as they are not dependent on the Seller's actions;
- Inefficiencies or malfunctions of the Portal due to force majeure;
- Inefficiencies or malfunctions connected to the use of the internet outside the control of oneself or of its sub-suppliers, except in the case of willful misconduct or gross negligence;
- Interruptions of the shop-on-line service;
- Fraudulent and illegal use that may be made by third parties, of credit cards, checks and other means of payment, upon payment of the purchased products, if you can prove that you have adopted all possible precautions based on the best science and experience of the moment and based on ordinary diligence.
- By using the Platform and / or placing orders through it, the Customer agrees to use it only to carry out legally valid consultations or orders and not to place false or fraudulent orders. If the Seller has plausible reasons to believe that an order of this nature has been placed, he will be authorized to cancel it and to inform the competent authorities;
- The Customer undertakes, once the online purchase procedure has been completed, to print and keep this contract.
3. ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
- These Conditions of Sale must be examined and accepted online by the customers of the site https://shop.suavisitaly.com before confirming the purchase. The order therefore implies full knowledge of the Conditions of Sale and their total acceptance. The Customer undertakes and oblige themself, once the online purchase procedure has been completed, to print and keep these conditions of sale, already viewed and accepted during the purchase process.
- These general conditions of sale must always apply: different conditions of sale dictated or envisaged by the Customer can never become part of the contract between the parties - not even in the event of acceptance of the order by the Seller
- The general conditions of sale that are published on this portal may vary: for this reason each purchase is subject to and governed exclusively by the general conditions of sale in force on the date of completion of the contract, i.e. by the general conditions of sale applicable at the time where the Customer interacts with the platform and makes the payment.
- The Customer is aware that all the information provided by the Seller and in particular the images in the product sheet are of a general nature and are made available for information purposes only, to allow the identification of the item: any images or colors of the products offered for sale could have different effects in the real vision of the good. Any such dissonances may be linked to the effects of the Internet browser, the monitor used or the settings of the monitor itself (brightness, contrast, quality and type of printer in use, etc. etc.);
- The Customer undertakes and obliges, once the online purchase procedure has been completed, to print and keep these conditions of sale, already viewed and accepted during the purchase process.
- The prices of the items are indicated in euros (€) and include taxes and duties. The shipping costs of the goods are not included. The total price of the order, shipping costs indicated separately, will always be updated in the cart, until the order is complete.
- The prices indicated on the site are subject to change at any time, without prior notice, therefore the prices of the items invoiced are those saved at the time of the order.
- Before confirming the purchase, the customer will be summarized the unit cost of each selected product, the total cost in the event of the purchase of multiple products and the related transport costs. By confirming the purchase, upon completion of the transaction, the Customer will receive an e-mail message containing the Date and the total amount of their order (for payments by bank transfer, PayPal, Credit Card).
- The payment of the order usually takes place via PayPal, bank transfer, credit card and cash. The Seller will prepare and ship the order as soon as the credit is received.
- The Seller reserves the right to suspend any order or delivery in progress if the credit institution has refused payment through or in the event of non-payment.
- The Seller reserves the right to refuse or cancel orders placed by buyers that it considers unsuitable or for any other legitimate reason, without any need to provide the reason.
Selecting the paypal payment method will start the automatic connection to the paypal site to make the payment;
The Customer must make the transfer within 5 working days from the order date. If this does not happen, the order will be canceled. The customer who has not made the transfer can be contacted by customer service in order to receive support to make the non-payment.For payment by bank transfer, the order is processed at the time of actual receipt of the payment. The times of receipt of the transfer are technical banking times that do not depend on the Seller, who cannot provide information on the shipping date before accounting for the receipt of the transfer has been registered.
The details for the arrangement of the transfer will be communicated to the Customer with the order confirmation, the transfer must explicitly indicate the order number, which can be found in the confirmation email (eg "Order No. 123456").
At the time of crediting the requested value. The payment made from the moment of the actual credit requested is considered valid.
Any reimbursement to the Customer, if he is entitled to it, will be credited by reversing the payment with PayPal or bank transfer, or credit card within 30 days at the latest. from the date on which the Seller became aware of the cause that generates the right to reimbursement.
6. AVAILABILITY OF PRODUCTS
- The Seller ensures through the electronic system used the processing and fulfillment of orders within the terms provided for in the contract except in cases of force majeure or unforeseeable circumstances.If the product is not available in stock, the Customer Service will promptly notify the Customer , providing guidance on how to proceed.
7. ARCHIVING METHOD OF THE CONTRACT
- The Seller informs the Customer that every order transmitted is stored in digital form on the server where the site resides according to criteria of confidentiality and security.
- The Seller declares that the products that will be delivered comply with those present and described on the online site and that the images of the products are to be considered illustrative and not binding.
- With the exception of the replacement of defective and non-compliant products, the Seller assumes no responsibility for direct and indirect damages that may derive from the use, even improper, of the product by the recipient.
- The guarantee is personal and will therefore apply only to the original purchaser.
- Any product defects must be reported by the Customer in accordance with the provisions of Legislative Decree n. 206 of 2005 art. 132. and must be reported in writing to the email address firstname.lastname@example.org by the Customer and documented with relative photographic material within the legal deadline at the time of returning the defective product, which must be previously authorized by the Seller.
- The Seller reserves the right to verify the actual existence of the defect reported by the Customer and to the Customer the discretion to choose between the compensation methods indicated in the return conditions. The request will be processed only if the following documents are present in the returned package: order number and date, detailed description of the defect found and the product intact in its original packaging.
- The Seller avails itself of the right to reject a complaint in the following cases:
- delivery address incorrect, incomplete or unsuitable (based on the data provided by the Customer during the purchase) or lack of a recipient reference visible to the shipper at the delivery address (e.g. house number or name and surname on the doorbell). The delivery information entered by the Customer and recorded at the time of the order are binding on the Customer.In the event of an error in entering such delivery data, the Seller cannot be held responsible for the impossibility of delivering the goods as a result of this error. The Customer Service will make an attempt to contact the Customer, who is obliged to give an answer within 2 hours;
- delivery failed due to absent recipient. The Customer Service will make an attempt to contact the Customer, who is required to give an answer within 24 hours;
- absence of photographs proving the state of the product, if it is reported as non-compliant;
- The Seller avails itself of the right to reject orders from Customers who have placed two orders and which have not been delivered.
- The costs of returning the goods to the sender remain the responsibility of the Customer.
- For any clarification and any complaint you can contact by e-mail at the e-mail address email@example.com
9. BILLING OF PRODUCTS
- If the purchase is made by a VAT person, it will be possible to request an invoice by selecting the appropriate box during the order process and entering the billing information. The Customer is responsible for the correct insertion of the billing data and is expressly informed that, in case of failure to request the invoice during the order, it will not be possible to request it later.
10. DELIVERY OF GOODS AND SHIPPING COSTS
- All executed orders will be delivered to the shipping address specified by you at the time of order transmission which can be your home or workplace. In order for the delivery to be successful, it will be your concern to check that the address is correct, also leaving your telephone number and your e-mail address and that the indications on the doorbell / intercom push-button panel are clear and correspond to the name indicated by you to receive the goods you have purchased.
- If there are any problems with order fulfillment or delivery, it is important that you can be traced in order to agree on any changes.
- In the days following the order, please check your e-mail, as we may have sent you some communication concerning the order fulfillment.
- Orders will be processed in 24/48 hours (from Monday to Friday) from the moment of final acceptance of the order which only means that your payment has been credited to our current account.
- It is your responsibility to check the quantity and condition of the goods upon delivery.
- All shipments travel at the Customer's own risk: The Seller does not assume any risks deriving from transport and / or changes in delivery times.
- The shipping costs applied to each order vary according to the products chosen by the Customer and the place of destination of the goods.
- The Minor Islands and Free Zones may have longer delivery times and different shipping costs that will be communicated to you by email.
11. RIGHT OF RETURN
- In the event that the Customer is not satisfied with the items purchased, he has the right to exercise the right of return of part or all of the goods subject to an order without any penalty. The Customer can exercise the right of return within 15 working days from the date of delivery of the purchased products The request must be sent by e-mail to the following email address firstname.lastname@example.org and must specify the number of order, the item (s) you wish to return, the reason and contact details.
- The Seller will reply via e-mail giving authorization to return the goods.
- The shipment of the products to be returned can be carried out by any means chosen by the Customer, but it is advisable to send them with traceability as the shipment, until the certificate of receipt in our warehouse, is under the complete responsibility of the Customer.
- However, the Seller will in no case accept return shipments carriage forward.
- The shipping costs will therefore be charged to the Customer.
- Once the returned products have been received, the Seller reserves the right to check the integrity of the goods, to ensure that the returned products are in the same condition in which they were delivered.
- Verification can take up to 5 business days.
- Only after having certified the condition of the returned items, the Seller will arrange the refund within 14 days of receiving the returned goods.
- Attention: Will not be accepted for replacement:
- Products without original or open packaging;
- Products used;
- Products damaged due to improper treatment by the Customer;
- Packages returned cash on delivery or carriage forward.
- Furthermore, in all cases, the affixing of labels or adhesive tapes directly on the original product packaging should be avoided, under penalty of non-acceptance of the return.
- The customer can choose between the return methods between a voucher to spend on the products on the site and a refund. The preference must be specified between by sending an email to email@example.com in case of no preference, the value will be refunded.
- The Customer will be entitled to a refund of the price paid for the purchase of a product if he is not satisfied with the purchase made.
- The shipping costs are the responsibility of the Customer.
- The refund will be made in the following ways:
- CREDIT CARD: for orders paid by credit card, the amount will be reversed by our systems and made available again on the Customer's statement according to the times established by the bank that issued the card (generally the next month).
- PAYPAL: for orders paid with Paypal, the refund will be made directly to the Paypal account: a cancellation will be requested on the transaction to be paid by the Customer, net of the cost of the operation.
- IBAN: Indicated at the time of purchase.
a) Any complaint by the Customer must be addressed to by registered mail with return receipt to: Diffusion Foods s.r.l., Via Torino 13, 10046 Poirino (TO), Italy. or by e-mail to firstname.lastname@example.org
a) The Seller will make all efforts to honor its obligations However, the Seller cannot be held responsible for delays or non-delivery caused by circumstances beyond its reasonable control. Such circumstances include strikes, wars, natural disasters and any other event that makes the production, transport or delivery of products impracticable.
b) The Seller is not responsible for the Courier's actions for delays and non-deliveries. For information, you can contact the courier.
15. DISCLAIMER OF LIABILITY CLAUSE
- The pages of this site are published by: Diffusion Foods s.r.l. Careful reading of this disclaimer is required as the use of the site by the Customer implies acceptance of all the clauses contained therein. Diffusion Foods s.r.l. reserves the right to make changes to the disclaimer published on this page at any time. The Customer is required to check the disclaimer and read its content at each access to the site, as the use of the site implies acceptance.
- It aims to provide updated and accurate information. The Seller makes every reasonable effort to ensure that the materials and contents published on the site are carefully screened and analyzed, are processed with the utmost care and promptly updated. However errors, inaccuracies and omissions are possible. Therefore, we decline any responsibility for errors, inaccuracies and omissions that may be present on the site. Should any errors be reported, they will be corrected.
- The Seller will not be required to answer for any damage, direct, indirect, incidental and consequential related to the proper or improper use of the information contained in this site, or as a result of the use of what is published therein as of the software used. The Seller declines all responsibility in the event of damage of any kind, including direct or indirect damage, loss of data or other tangible / intangible assets deriving from or related to use, inability to use, unauthorized use, performance or non-performance from or through the site, of any service, even if the Seller has been informed in advance of the possible occurrence of such damages and if such damages derive from contractual infringement, negligence, illegal act, in accordance with the law and fairness.
- The Seller assumes no responsibility for the material shown on the site. Such material:
- It is not always necessarily comprehensive, complete, accurate or up-to-date;
- It is sometimes connected with external sites over which the Seller has no control and for which the Seller assumes no responsibility;
- It is not responsible for the non-use of the service that could depend on problems of connection to the Internet network and for any malfunctions of the site or of the server that hosts it.
16. INTELLECTUAL PROPERTY
- The Seller retains all intellectual property rights on the products offered for sale on the website https: //shop.suavisitaly.com in particular with respect to models, images, characteristics and specifications of the product and other information that may be accessible to users and more generally to site visitors;
- It is forbidden to copy, sell, take possession or in any other way share the images that can be viewed on the Portal without the prior permission of the Seller. Any violation is punished according to the applicable laws.
17. PROTECTION OF PERSONAL DATA
18. SETTLEMENT OF DISPUTES | APPLICABLE LAW AND JURISDICTION
- This contract is governed by Italian law;
- The Court of Turin is competent for any dispute related to the online sales contract or to these General Conditions;
- The Seller informs the Consumer that the European Commission provides a platform for the alternative / extra-judicial resolution of disputes, accessible on the website http://ec.europa.eu/odr. The right of the Consumer to refer to the competent judicial authority for disputes deriving from these Conditions of sale is reserved.
- The Consumer who resides in a member state of the European Union other than Italy can also access the European procedure established for small claims governed by Regulation (EC) no. 861/2007 of the European Council, provided that the dispute does not exceed the total value of Euro 2,000.00. The text of the regulation is available on the website https://eur-lex.europa.eu.