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Terms of service

TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS OF SALE

1) DEFINITIONS

These General Terms and Conditions of Sale (hereinafter referred to as the "General Terms and Conditions") govern the purchase of products and services made available for distance selling via the Internet through the website Ciocomiti.com (hereinafter referred to as the "Website"), in compliance with Italian Legislative Decree No. 206/2005, as subsequently amended and supplemented (hereinafter referred to as the "Consumer Code").

The term "Buyer" refers to the person making the purchase under this contract.

The term "Supplier" refers to the entity selling the goods covered by this contract.

The goods and services covered by these General Terms and Conditions are offered for sale by Ciocomiti S.p.A., with its registered office at Via F. Marchetti 187 - 38025 Dimaro Folgarida (TN), Italy, VAT number IT02424360226.

By electronically submitting a purchase order, the Buyer declares that they have read, understood and accepted the General Terms and Conditions of Sale and Payment set out below. Therefore, submitting an order implies full knowledge and unconditional acceptance of the aforementioned conditions.

2) SUBJECT MATTER AND CONCLUSION OF THE CONTRACT

Under this contract, the Supplier sells and the Buyer purchases, remotely and through electronic means, only the tangible goods and services listed and offered for sale on this Website.

The contract between the Supplier and the Buyer is concluded exclusively via the Internet, through the Buyer's access to this Website, where the Buyer completes the purchase order for the goods offered for sale by following the indicated procedures.

To purchase products, the Buyer must correctly complete and submit the order form and successfully complete the purchasing process up to the electronic order summary page containing the order number, following the instructions provided on the Website.

The Buyer must:

  • Add the selected products to the shopping cart and review the General Terms and Conditions and Privacy Policy.

  • Enter the shipping details and, where applicable, billing information.

  • Select the preferred payment method and confirm the order.

By submitting an order through the Website, which constitutes a contractual offer, the Buyer acknowledges and declares that they have read all the information provided during the purchasing process and fully accept these General Terms and Conditions of Sale and Payment.

Ciocomiti will send the Buyer an order confirmation email containing the order number, shipping and billing details, a list of the ordered Products with their essential characteristics, and the total price, including any applicable shipping costs.

The contract between Ciocomiti and the Buyer shall be considered concluded only upon shipment of the ordered products.

3) PAYMENT AND REFUND METHODS

The Supplier accepts payment for ordered products through major credit cards, PayPal, Shopify Payments and bank transfer.

Credit card information is processed directly by our payment service provider in compliance with PCI standards. PayPal and Shopify payment information is processed directly by PayPal and Shopify, respectively.

In the case of bank transfers, the order will be considered confirmed once the Supplier has verified receipt of the amount due in its bank account.

Any refund to which the Buyer is entitled will be issued by reversing the original payment using the same payment method selected by the Buyer at the time of purchase, within a maximum of 30 days from the date on which the Supplier becomes aware of the circumstances giving rise to the right to a refund.

4) DELIVERY TIMES AND METHODS

The Supplier shall deliver the ordered products through GLS Courier or, where necessary, through other courier services.

Except in cases of force majeure or unforeseen circumstances, products ordered for delivery within Italy will be delivered within a maximum of 5 (five) business days, starting from the business day following the date on which the Supplier confirms the order to the Customer by sending an order confirmation email.

The Supplier does not dispatch orders on Fridays. Therefore, for orders that become ready for dispatch on Friday, 1 (one) additional business day must be added to the standard delivery period of 5 business days.

If the Supplier is unable to dispatch the order within the specified period, the Buyer will be promptly notified by email and informed of the expected order fulfillment date.

Delivery times may vary depending on the destination country and other factors beyond the Supplier's direct control and for which the Supplier cannot be held responsible.

For further information regarding delivery times and shipping, please refer to the "Shipping" section in the footer of www.ciocomiti.com.

5) SHIPPING AND DELIVERY COSTS

The Supplier ships goods under DDP (Delivered Duty Paid) terms, meaning that the goods will be delivered without additional duties or charges.

For further information, please refer to the "Shipping" section of the Website.

6) PRICES

All selling prices displayed and indicated on this Website constitute an offer to the public pursuant to Article 1336 of the Italian Civil Code and include VAT and all other applicable taxes.

Shipping costs will be indicated and calculated during the checkout process, before the Buyer completes payment, and will also be displayed on the order summary page.

The prices indicated for each product offered for sale remain valid until the order is submitted and are confirmed on the order summary page.

Therefore, the Supplier may change prices and conditions at any time. For the Buyer, the prices and conditions displayed on the order summary page shall be binding.

7) PRODUCT AVAILABILITY

Through its electronic ordering system, the Supplier ensures that orders are processed and fulfilled within the timeframes established by the contract, except in cases of force majeure or unforeseen circumstances.

If a product is out of stock, Customer Service will promptly notify the Buyer and provide instructions on how to proceed.

9) LIMITATION OF LIABILITY

The Supplier accepts no liability for service disruptions caused by force majeure or for disruptions or malfunctions related to the use of the Internet that are beyond its control or that of its subcontractors.

The Supplier shall not be held liable towards the Buyer except in cases of willful misconduct or gross negligence.

Furthermore, the Supplier shall not be liable for any damages, losses or costs incurred by the Buyer as a result of the non-performance of the contract due to circumstances beyond the Supplier's control. In such cases, the Buyer shall only be entitled to a full refund of the amount paid.

The Supplier accepts no liability for any fraudulent or unlawful use of credit cards by third parties during payment for purchased products, provided that the Supplier can demonstrate that it adopted all applicable security measures at the time of the transaction.

10) WARRANTIES AND CUSTOMER SUPPORT

The Supplier shall be responsible for any verified defects or faults in the product attributable to the Supplier, provided that such defects or faults are reported within 8 (eight) days from the date of delivery.

The report must be sent either by registered mail with acknowledgment of receipt to:

Ciocomiti S.p.A.

Via F. Marchetti 187 - 38025 Dimaro Folgarida (TN), Italy

or by email to info@ciocomiti.com.

The report must include the product batch number and a description of the defect identified.

11) BUYER'S OBLIGATIONS

The Buyer undertakes to pay the price of the purchased goods within the timeframe and according to the methods specified in the Contract.

12) CONTRACT RECORD KEEPING

Pursuant to Article 12 of Legislative Decree No. 70/2003, the Supplier informs the Buyer that every order submitted to Ciocomiti is stored electronically on the server hosting the Website, in accordance with confidentiality and security requirements.

13) COMMUNICATIONS AND COMPLAINTS

Within 8 (eight) business days of receiving the goods, the Buyer may report any issues by initiating a complaint procedure.

Written communications addressed to the Supplier and any complaints shall be considered valid only if sent to:

Ciocomiti S.p.A.

Via F. Marchetti 187 - 38025 Dimaro Folgarida (TN), Italy

Email: info@ciocomiti.com

Alternatively, communications may be submitted through the link available on the Website under "Contact > General Information":

https://ciocomiti.com/pages/contact

In the event of damaged or missing goods, resulting in clear discrepancies between the products purchased and those received, the Seller may request photographic evidence from the Buyer to demonstrate the non-conformity of the delivery.

If, following verification of the photographic evidence, the non-conformity is confirmed, the Supplier shall refund the Buyer the exact amount paid for the affected products.

If the refund is partial and does not concern the entire order, any shipping costs paid by the Customer will not be refunded.

At the Supplier's discretion, and subject to agreement with the Buyer, the Supplier may offer to resend the non-conforming goods or issue a discount code redeemable on the Seller's Website.

The Seller reserves the right to reject a complaint in the following circumstances:

  • Incorrect, incomplete or unsuitable delivery address: If the delivery address provided by the Buyer during checkout is incorrect, incomplete or unsuitable, or if there is no visible identification of the recipient at the delivery address (e.g., street number or first and last name on the doorbell). The delivery information entered by the Buyer and recorded at the time of the order is binding on the Buyer. If the Buyer provides incorrect delivery details, the Seller shall not be held responsible for the inability to deliver the goods as a result of such errors. Customer Service will attempt to contact the Buyer, including exclusively through electronic means, and the Buyer must respond within 24 hours.

  • Failed delivery due to the recipient's absence: If delivery cannot be completed because the recipient is absent, Customer Service will attempt to contact the Buyer, including exclusively through electronic means. The Buyer must respond within 24 hours.

  • Lack of photographic evidence: If a product is reported as non-conforming but no photographs are provided to demonstrate its condition.

14) DISPUTE RESOLUTION AND APPLICABLE LAW

The sales contract between the Customer and Ciocomiti S.p.A. shall be deemed concluded in Italy and governed by Italian law.

In the event of disputes concerning the interpretation, performance or termination of these General Terms and Conditions or individual purchase orders, if the Customer qualifies as a consumer under the Consumer Code, exclusive jurisdiction shall lie with the court of the Customer's municipality of residence or domicile, provided that it is located within Italy.

In all other cases, exclusive territorial jurisdiction shall lie with the Court of Trento, to the exclusion of any other competent court.

15) DURATION AND EFFECTIVENESS OF THE CONTRACTUAL CONDITIONS

By confirming an order, the Buyer accepts these General Terms and Conditions.

These conditions may be updated or amended directly on the Website by publishing the revised provisions.

Any amendments or updates shall be valid and effective for orders that have not yet been processed and for which the order summary page displaying the order details has not yet been shown.

16) RIGHT OF WITHDRAWAL

The Buyer has the right to withdraw from the contract concluded with the Supplier, without any penalty and without providing any reason, within 14 days from the date of receipt of the products purchased on www.ciocomiti.com.

To withdraw from the contract, the Buyer may (must) complete the withdrawal form provided below or prepare and send the Seller an explicit statement expressing their decision to withdraw from the contract.

After exercising the right of withdrawal, the Buyer must return the products to the Supplier within 14 days from the date on which they notified the Seller of their decision to withdraw from the contract.

The costs of returning the goods shall be borne by the Buyer, who shall also be responsible for any loss or damage to the products during transport.

In addition to complying with the deadlines and procedures described above, the right of withdrawal shall be considered properly exercised if the following conditions are also met:

  • The withdrawal form (see below) or another explicit statement expressing the intention to withdraw from the contract must be submitted within the deadlines established by these General Terms and Conditions of Sale.

  • The products must be returned in their original packaging, intact, sealed and undamaged.

If the right of withdrawal is exercised in accordance with the prescribed procedures, the Supplier shall carry out the necessary checks to verify the condition and compliance of the returned products and shall refund the amounts due within 14 days from the date on which the Supplier receives the returned goods.

The Supplier shall issue the refund using the same payment method used by the Buyer to purchase the returned products, unless otherwise agreed between the parties.

If the procedures and deadlines for exercising the right of withdrawal are not complied with, the Buyer shall not be entitled to a refund of the amounts already paid to the Supplier.

The right of withdrawal applies to the purchased Product in its entirety. Therefore, if the Product consists of several components or parts, it is not possible to exercise the right of withdrawal for only part of the purchased Product.

In addition to the cases mentioned above (non-consumer customers and/or customers requesting an invoice), the right of withdrawal is excluded in the following cases, pursuant to Article 59 of Legislative Decree No. 21/2014:

  • Orders for Products made to the customer's specifications or clearly personalized.

  • Orders for Products that are liable to deteriorate or expire rapidly.

  • Orders for sealed Products that are not suitable for return due to health protection or hygiene reasons and that have been unsealed after delivery.

With reference to the exclusions from the right of withdrawal listed above, the Buyer is specifically informed and acknowledges that Products "liable to deteriorate or expire rapidly" include all food products, as the characteristics and quality of such Products may be subject to alteration, including as a result of improper storage.

Therefore, for hygiene reasons and to protect Buyers, the right of withdrawal applies exclusively to Products purchased on the Website that can be returned to the Supplier and subsequently placed back on the market without posing any risk to consumers' health.

In cases where the right of withdrawal is excluded, the Supplier shall return the purchased Products to the Buyer, charging the Buyer for the relevant shipping costs.

If the order that the Buyer wishes to return includes complimentary products (where the order was placed during a promotional campaign offering free gifts), the Buyer must also return the complimentary products. These must also be returned in the conditions described above.

WITHDRAWAL FORM

Pursuant to Article 49, paragraph 1, letter h)

To the attention of:

Ciocomiti S.p.A.

Via F. Marchetti 187 - 38025 Dimaro Folgarida (TN), Italy

info@ciocomiti.com

I/We ______________________________________________ hereby give notice that I/we withdraw from my/our contract of sale of the following goods/services:


Ordered on: __________________ / Received on: __________________

Name of consumer(s): ______________________________________________

Address of consumer(s): ____________________________________________

Signature of consumer(s) (only if this form is submitted on paper):


Date: ______________________________________________

17) PRODUCT INFORMATION

Information and characteristics relating to the Products, together with their respective product codes, are available on the Website.

Where available, the visual representation of Products on the Website generally corresponds to the photograph accompanying the product description.

It is understood that product images are provided solely for illustrative and sales purposes and may not perfectly represent the actual characteristics and qualities of the Products.

Products may differ from the images in terms of color, size and decorative elements, including, but not limited to, ribbons and labels.

In the event of any discrepancy between the product image and the written product description, the written description on the product page shall prevail.

By completing the online purchasing process, the Buyer declares that they have reviewed the ingredients and allergen information.

18) COMPLIMENTARY PRODUCTS

The Supplier may organize promotional campaigns offering complimentary products with qualifying purchases.

Such offers are valid while stocks last and are subject to the purchasing limits specified on www.ciocomiti.com.

Complimentary products received by the Buyer cannot be exchanged or replaced.

19) PRODUCT INVOICING

If the Customer wishes to receive an invoice, they must select the appropriate option during the checkout process and provide the required billing information.

The invoice will be issued and transmitted in accordance with applicable legislation.

The Buyer is responsible for correctly entering their billing information and is expressly informed that, if an invoice is not requested at the time of placing the order, it will not be possible to request one at a later date.