Legal notice

Introduction

This notice is provided for the website "https://siculafoodexpress.com/" (the Site) owned by Sicula Food Express, with registered office in Scordia, C/da Castagna N°1, VAT no. 05577210874.

Art. 1. Scope

1.1 Any sale on the Site constitutes a distance contract governed by Chapter I, Title III (art. 45 et seq.) of Italian Legislative Decree no. 206 of 6 September 2005 (the Italian Consumer Code) and by Italian Legislative Decree no. 70 of 9 April 2003, which sets out the rules on electronic commerce.

1.2 The General Terms and Conditions of Sale apply to all sales made by the Company on the Site. The periods stated are to be understood as working days, therefore excluding Saturdays, Sundays and national holidays.

1.3 The General Terms and Conditions of Sale may be amended at any time. Any amendments and/or new conditions shall be in force from the moment they are published on the Site. You are therefore invited to visit the Site regularly and to read the most up to date version of the General Terms and Conditions of Sale before making any purchase.

1.4 The applicable General Terms and Conditions of Sale are those in force on the date the purchase order is sent.

1.5 You are required to read these General Terms and Conditions of Sale carefully, as well as all the other information that the Company provides on the Site, including during the purchase procedure.

Art. 2. Purchases on the Site

2.1 Purchases on the Site:

• may also be made without registering on the Site;
• are allowed to users who qualify as consumers.

2.2 Pursuant to art. 3, paragraph I, letter a) of the Italian Consumer Code, please note that consumers are natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any entrepreneurial, commercial, professional or craft activity they may carry out.

2.3 Resellers, wholesalers or, in general, anyone intending to make purchases for the purpose of subsequent resale may not under any circumstances make purchases on the Site. Such parties are therefore prohibited from making purchases on the Site.

2.4 In the case of orders, from whatever source, which prove to be anomalous in relation to the quantity and/or frequency of the purchases, the Company reserves the right to take all the steps needed to put an end to the irregularity.

2.5 The Company reserves the right to refuse or cancel orders coming:

• from a user with whom the Company has ongoing legal proceedings;
• from a user who has previously breached the General Terms and Conditions of Sale.

Art. 3. Registration on the Site

3.1 To register on the Site you must fill in the relevant form, entering the following details:

• first name;
• surname;
• email.

3.2 You undertake to inform the Company immediately should you suspect or become aware of any improper use or improper disclosure of your credentials for accessing the Site.

3.3 Users registered on the Site warrant that the personal information they have provided is complete and truthful, and undertake to hold the Company harmless and indemnified from any damage, compensation obligation and/or penalty arising from and/or in any way connected to the user's breach of the rules on registration on the Site or on the safekeeping of the registration credentials and/or to the supply of false, incomplete or otherwise inaccurate personal data, without prejudice to the Company's right to disable the user's account.

Art. 4. Information aimed at concluding the contract

4.1 In accordance with Italian Legislative Decree no. 70 of 9 April 2003 setting out provisions on electronic commerce, the Company informs you that:

• in order to conclude a purchase contract on the Site, you must fill in an order form in electronic format and send it to the Company online, following the instructions that appear on the Site from time to time;
• the contract is concluded when the order form reaches the Company's server;
• once it has received the order form, the Company will send you, at the email address you provided, the order confirmation containing:
  • the information relating to the features of the purchase;
  • the price;
  • the means of payment used;
  • the delivery costs.

Art. 5. Availability of the Products

5.1 The Products offered on the Site are limited in number. It may therefore happen, also because several users may purchase the same Product at the same time, that the Product ordered is no longer available after the purchase order has been sent.

5.2 The Site contains the information relating to the availability of each Product.

5.3 You will be informed if the Product ordered is unavailable. In this case you will be entitled to terminate the purchase contract pursuant to and for the purposes of art. 61, paragraphs IV and V, of the Italian Consumer Code.

5.4 Alternatively, you may accept:

• where restocking is possible, an extension of the delivery times, offered by the Company, stating the new delivery deadline;
• where restocking is not possible, the Company will supply a different product, of equivalent or higher value, subject, in the latter case, to payment of the difference and to the user's express acceptance;
• the Company will offer a discount voucher to be spent on purchases on the Site. The amount of the discount voucher, the deadline by which it may be used and any limitations will be communicated by the Company on each occasion.

5.5 Should a refund be requested of the amount paid for the purchase of Products which subsequently proved to be unavailable, the Company will make the refund within a maximum of 15 days.

5.6 Should you exercise the right of termination set out in art. 61, paragraphs IV and V, of the Italian Consumer Code, the contract is terminated; if payment of the total amount due, consisting of the price of the Product, the shipping costs, where applied, and any other additional cost, as shown in the order (the Total Amount Due) has already been made, the Company will refund the Total Amount Due pursuant to the provisions of the article "Means of payment".

Art. 6. Product Information Sheet

6.1 Each product comes with an information page setting out its main features (the Information Sheet). The images and descriptions on the Site reproduce the features of the Products as faithfully as possible. The colours of the Products may, however, differ from the real ones because of the settings of the computer systems or computers you use to view them. The images of the Product in the Information Sheet may also differ in size or in relation to any accessory products. Such images must therefore be understood as indicative and subject to the usual tolerances.

Art. 7. Prices

7.1 All the prices of the Products published on the Site are inclusive of Value Added Tax.

7.2 The Company reserves the right to change the price of the Products at any time, without notice, it being understood that the price charged to you will be the one shown on the Site at the time the order is placed and that no account will be taken of any changes, whether increases or decreases, after the order has been sent.

7.3 The shipping costs, where they exist, are expressly and separately stated in the order form, before the user sends it.

Art. 8. Purchase orders

8.1 The Company will ship the Products only after receiving confirmation of the payment authorisation or of the crediting of the Total Amount Due. Ownership of the Products will be transferred to you at the time of shipment, to be understood as the moment the Product is handed over to the carrier. The risk of loss of or damage to the Products, for reasons not attributable to the Company, will instead be transferred to you when you, or a third party designated by you other than the carrier, take physical possession of the Products.

8.2 The purchase contract is subject to a resolutive condition of failure to pay the Total Amount Due. Unless otherwise agreed in writing with you, the order will consequently be cancelled.

8.3 In order to send a purchase order it is necessary to read and approve these General Terms and Conditions of Sale, by ticking the relevant box in the pages of the purchase procedure. Failure to accept these General Terms and Conditions of Sale means that purchases cannot be made on the Site.

Art. 9. Means of payment

9.1 The following means of payment are accepted on the Site:

• payment card;
• PayPal;
• bank transfer.

9.2 The Company accepts credit cards from the following networks:

• VISA
• MasterCard (Cirrus Maestro)
• PostePay
• American Express
• CartaSì
• Google Pay
• Apple Pay

They are, in any case, shown in the footer of every page of the Site.

On the Site you will have the option of authorising the storage of the payment card details you enter and their reuse for the payment of subsequent purchases on the Site. You may withdraw the authorisation to reuse the payment card details for subsequent purchases by following the instructions on the Site.

The charge will be made only after (i) the details of your payment card used for the payment have been verified and (ii) the issuer of the payment card you used has granted authorisation for the charge.

The confidential details of the payment card, that is the card number, cardholder, expiry date and security code, are encrypted and sent directly to the payment processor without passing through the servers used by the Company. The Company therefore never has access to, and does not store, not even where you choose to save those details on the Site, the details of your payment card used to pay for the Products.

The charge will be made at the time the order is sent.

9.3 Purchases on the Site may also be made using the PayPal payment solution. Should you choose PayPal as your means of payment, you will be redirected to the site www.paypal.it where you will make the payment according to the procedure provided for and governed by PayPal and to the contract terms and conditions agreed between the user and PayPal. The data entered on the PayPal site will be processed directly by PayPal and will not be transmitted to or shared with the Company. The Company is therefore unable to know and does not in any way store the details of the payment card linked to your PayPal account or the details of any other payment instrument connected to that account.

In the case of payment through PayPal, the Total Amount Due will be charged to you by PayPal at the same time as the contract is concluded through the Site. In the event of termination of the purchase contract and in any other case of refund, on whatever basis, the amount of the refund due to you will be credited to your PayPal account. The time taken to credit the payment instrument linked to that account depends solely on PayPal and on the banking system. Once the credit instruction in favour of that account has been given, the Company cannot be held liable for any delay or omission in crediting the refund amount; to dispute this you must contact PayPal directly. Any type of refund to be made under these General Terms and Conditions of Sale will be credited to your PayPal account.

9.4 Should you choose bank transfer as your means of payment, the Company, once it has received the order, will send you by email the bank details and the deadline for making the transfer. The email may include a request to send by email the receipt for the transfer made or confirmation that it has been made.

In the case of payment by bank transfer, the delivery times for the Product stated in the Product Sheet and/or on the Site will run from the date the Company receives the transfer and not from the date the order is sent, as happens where you choose other means of payment.

You are asked to state the following details in the reference of the transfer:

• the reference number of the order;
• the first name and surname of the person the order is in the name of, if different from that of the holder of the current account the transfer comes from.

From the sending of the order you must arrange payment within 3 working days. Failing this, the Company reserves the right to cancel the order within the following 5 working days.

Art. 10. Delivery of the Products

10.1 There are no restrictions on delivery, except in the cases that may be indicated on the Site and/or in the Product Sheet.

10.2 Delivery is chargeable for orders of less than or equal to €129.00; for higher amounts delivery is free within Italy.

10.3 From the date the order is sent, the Products will be delivered within 5 days. Where no specific delivery deadline is stated, delivery will in any case take place within thirty days from the date the contract is concluded.

10.4 It is up to you to check the condition of the Product delivered. Without prejudice to the fact that the risk of loss of or damage to the Product, for reasons not attributable to the Company, is transferred when you, or a third party designated by you other than the carrier, take physical possession of the Product, the Company recommends that you check the number of Products received and that the packaging is intact, not damaged, nor wet or otherwise altered, including in its sealing materials, and invites you, in your own interest, to note any anomalies on the carrier's transport document, accepting the parcel with reservation. Should the packaging show clear signs of tampering or alteration, it is advisable to notify the Company promptly. In any case, the rules on the right of withdrawal, where it applies to the Product, and on the legal guarantee of conformity remain applicable.

10.5 You have the option of collecting the Product at a collection point, according to the options and arrangements available on the site and/or during the purchase procedure, provided that this option is available for the Product you have selected. You will be promptly notified when the Product is ready to be collected at the collection point you have chosen. From that notification you have 3 days to collect the Product at the collection point. Unless otherwise agreed, should you fail to comply with this obligation, the purchase contract will be deemed terminated by operation of law, pursuant to and for the purposes of art. 1456 of the Italian Civil Code. As a result of the termination, the order will be cancelled and the Company will refund the Total Amount Due paid by you, less the shipping costs. The mere failure to collect the Product cannot be understood as the exercise of the right of withdrawal set out in art. 52 of the Italian Consumer Code and will consequently not give the right to a full refund of the sums paid for the purchase of the Product.

Art. 11. Right of withdrawal

11.1 In the case of a purchase on the Site, unless otherwise stated, you do not have the right of withdrawal provided for by art. 52 of the Italian Consumer Code with reference to the Product or Products indicated in this article. Indeed, on the Site there are:

• goods sold that are made to measure or clearly personalised;
• goods sold that are liable to deteriorate or expire rapidly;
• sealed goods sold which are not suitable for return for reasons of hygiene or health protection.

11.2 Should you qualify as a consumer you have the right to withdraw from the contract for the purchase of the Product without having to give any reason and without having to bear costs other than those provided for in this article, within fourteen calendar days (the Withdrawal Period). The Withdrawal Period expires after 14 days:

• a. in the case of an order relating to a single Product, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the Products;
• b. in the case of a Multiple Order with separate deliveries, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last Product;
• c. in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last lot or piece.

11.3 To exercise the right of withdrawal, you must inform the Company of your decision to withdraw before the Withdrawal Period expires.

11.4 You have exercised your right of withdrawal within the Withdrawal Period if the communication concerning the exercise of the right of withdrawal is sent by you before the Withdrawal Period expires. This communication must be sent in at least one of the following ways:

• By post: Sicula Food Express, C/da Castagna N°1, 95048 Scordia CT.
• By email: siculafoodexpress@gmail.com.

Please note that since the burden of proof concerning the exercise of the right of withdrawal before the expiry of the Withdrawal Period lies with you, it is in your interest to use a durable medium when notifying the Company of your withdrawal.

11.5 If you exercise the right of withdrawal, you must deliver the Product to the registered office indicated in the heading of these General Terms and Conditions of Sale.

11.6 The direct costs of returning the Products are borne by you, as is the responsibility for their transport.

11.7 If you withdraw from the contract, the Company will refund the Total Amount Due, including the delivery costs where applicable, without undue delay and in any case no later than 14 calendar days from the day on which the Company was informed of your decision to withdraw from the contract. The refund will be made using the same payment instrument used for the initial transaction. Should you have returned the Products using a carrier of your choice and at your own expense, the Company may withhold the refund until it receives the Products or until you provide evidence of having sent the Products back, whichever is earlier.

11.8 You are liable only for any diminished value of the goods resulting from handling of the Product other than what is necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be kept, handled and inspected with normal care and returned intact, complete in every part, in perfect working order, together with all the accessories and instruction leaflets, with the identification tags, the labels and the single-use seal, where present, still attached to the Product and intact and not tampered with, as well as perfectly fit for the use for which it is intended and free from signs of wear or dirt. Withdrawal also applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product.

11.9 Should the Product for which withdrawal has been exercised have suffered a diminished value resulting from handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the Product, the Company reserves the right to deduct from the refund amount a sum equal to that diminished value. The Company will notify you of this circumstance and of the resulting reduced refund amount within 10 days of receiving the Product, providing, where the refund has already been paid, the bank details for payment of the amount owed by the user because of the diminished value of the Product.

11.10 Should withdrawal not have been exercised in accordance with the applicable legislation, it will not result in termination of the contract and will consequently not give the right to any refund. The Company will notify the user within 10 working days of receiving the Product, rejecting the withdrawal request. The Product will remain with the Company at your disposal for collection, which must take place at your expense and under your responsibility.

11.11 Should the right of withdrawal not apply because one of the cases provided for by law arises, specific and express notice of that exclusion will be given on the Site.

11.12 In the case of partial withdrawal from Multiple Orders, the amount of the delivery costs to be refunded to you will be calculated in proportion to the value of the Product subject to withdrawal. Therefore, if for example you have placed an order totalling 200.00 euro, including two Products, the first worth 50.00 euro and the second worth 150.00 euro, and you return the Product worth 150.00 euro, you will be refunded an amount equal to 75% of the delivery costs incurred. In any case, the amount of delivery costs to be returned may never exceed the amount actually paid.

Art. 12. Legal Guarantee

All the Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by artt. 128-135 of the Italian Consumer Code (the Legal Guarantee).

Who it applies to

The Legal Guarantee is reserved for consumers. It therefore applies only to users who made the purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity they may carry out.

When it applies

The Company is liable towards the consumer for any lack of conformity of the Product which becomes apparent within two years of that delivery. The lack of conformity must be reported to the seller, on pain of forfeiting the guarantee, within two months from the date it was discovered.

Unless proven otherwise, any lack of conformity which becomes apparent within six months of delivery of the Product is presumed to have already existed on that date, unless that presumption is incompatible with the nature of the Product or with the nature of the lack of conformity. From the seventh month after delivery of the Product, it will instead be for the consumer to prove that the lack of conformity already existed at the time of delivery.

In order to benefit from the Legal Guarantee, the consumer must therefore first of all provide proof of the date of purchase and of delivery of the goods. It is therefore advisable that the consumer, for the purposes of that proof, keeps the purchase invoice or any other document that can attest to the date the purchase was made, for example the payment card statement, and the date of delivery.

In the event of termination of the contract, the Company will return to the consumer the total amount paid, consisting of the purchase price of the Product, the shipping costs and any other additional cost. In the event of a price reduction, the Company will return the amount of the reduction, agreed in advance with the consumer. The amount of the refund or of the reduction will be credited to the means or the payment solution used by the consumer for the purchase.

The Company is not liable for damage of any nature arising from use of the Product in an improper way and/or not in accordance with the instructions provided by the manufacturer, nor for damage arising from unforeseeable circumstances or force majeure.

Art. 13. Manufacturer's commercial guarantee

13.1 The Products sold on the Site may, depending on their nature, be covered by a commercial guarantee issued by the manufacturer (the Commercial Guarantee). You may enforce that guarantee only against the manufacturer. The duration, the extent, including territorial extent, the conditions and arrangements for using it, the types of damage and defects covered and any limitations of the Commercial Guarantee depend on the individual manufacturer. The Commercial Guarantee is voluntary in nature and does not replace, limit, prejudice or exclude the Legal Guarantee.

Art. 14. Applicable law, jurisdiction and out-of-court settlement of disputes

14.1 The purchase contracts concluded through the Site are governed by Italian law. This is without prejudice to the application, to consumer users who do not have their habitual residence in Italy, of any more favourable and mandatory provisions laid down by the law of the country in which they have their habitual residence.

14.2 Please note that in the case of a consumer user, for any dispute relating to the application, performance and interpretation of this document the court of the place where the user resides or has elected domicile has jurisdiction.

14.3 Pursuant to art. 141-sexies, paragraph 3 of the Italian Consumer Code, the Company informs users who qualify as consumers under art. 3, paragraph 1, letter a) of the Italian Consumer Code that, where they have submitted a complaint directly to the Company following which it has nevertheless not been possible to resolve the dispute thus arisen, the Company will provide the information regarding the body or bodies for Alternative Dispute Resolution for the out-of-court settlement of disputes relating to obligations arising from a contract concluded on the basis of these General Terms and Conditions of Sale, the so-called ADR bodies, as indicated in artt. 141-bis et seq. of the Italian Consumer Code, stating whether or not it intends to use those bodies to resolve the dispute.

14.4 The Company also informs users who qualify as consumers under art. 3, paragraph 1, letter a) of the Italian Consumer Code that a European platform has been set up for the online resolution of consumer disputes, the so-called ODR platform. The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform the consumer user can consult the list of ADR bodies, find the link to the website of each of them and start an online dispute resolution procedure for a dispute they are involved in.

14.5 In any case, this is without prejudice to the right of the consumer user to bring before the ordinary court with jurisdiction the dispute arising from these General Terms and Conditions of Sale, whatever the outcome of the out-of-court settlement procedure for disputes relating to consumer relations through recourse to the procedures set out in Part V, Title II-bis of the Italian Consumer Code.

14.6 Users residing in a member state of the European Union other than Italy may also, for any dispute relating to the application, performance and interpretation of these General Terms and Conditions of Sale, use the European procedure established for small claims by Council Regulation (EC) no. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, 2,000.00 euro. The text of the regulation can be found on the website www.eur-lex.europa.eu.

Art. 15. Customer service and complaints

You can ask for information, send communications, request assistance or submit complaints by contacting the Company in the following ways:

• by post, by registered letter with return receipt, writing to Sicula Food Express, C/da Castagna N°1, 95048 Scordia CT;
• by email, at the following address: siculafoodexpress@gmail.com;
• by telephone, on the following number: 346 5307254.

The Company will reply to complaints submitted within 5 days of receiving them.

Art. 16. Miscellaneous

16.1 The loyalty points scheme gives the right to 1 point for every euro spent, shipping costs excluded. The points accumulated will be communicated in the order confirmation email. Customers can ask for their points balance at any time by email, and will receive an answer within a maximum of 48 hours, or check it in the "My account" page. On reaching 200 points, the points will be converted into a discount code worth 5.00 euro: customers will be sent an email containing a discount code that can be spent on an order of any amount. The discount cannot be combined with other discount codes.

16.2 The gift card is bought by the customer and sent to the recipient of the gift by email, at the email address provided by the customer. The gift card gives the right to take part in the points scheme both to the customer who buys it and to the person who receives it, provided that they register on the Site. The gift card expires after 180 days. The recipient of the gift card will be informed by email 30 days before the expiry date. The gift card is not refundable for any reason.