General Sales Conditions
These general sales conditions govern the sale of products on the www.ellseydolly.com website and are drafted in compliance with the Italian legislative provisions of the Civil Code, Legislative Decree no. 70 of 09.04.2003 regarding information society and electronic commerce services and Legislative Decree n. 206 of 06.09.2005 (c.d. Consumer Code), and in particular, to Chapter I of Title III of Part III (art. From 45 to 67).
- Definitions of the Terms of Sale
1.1 General sales conditions: these general sales conditions are intended for E-commerce / website (hereinafter referred to as the site): that is the web platform www.ellseydolly.com through which the sales service is offered. Company (hereafter named company): Bar Jolly of Moroso Gianni – Individual Company, VAT number 00627250038 – C.F. MRSGNN58E13B019S with registered office in Viale A. Marazza 22, 28010 Borgomanero (NO) Italy. Product / products (hereinafter also referred to as products or product): high quality food and beverage products from all regions of Italy.
Customer / final consumer (hereinafter referred to as customer): any person intended as an end user of the product in accordance with the definition given by law: 206/2005; “client / final consumer (customer) means the natural person who acts for purposes unrelated to any commercial, entrepreneurial, artisan and professional activities pursued.
Service: that is to say, online sale of food products.
2. Company Sales Policy
2.1. The company is dedicated to the research of food and beverage throughout the Italian territory, in order to offer high quality Italian, handcrafted products.
2.2. The company markets products purchased directly from selected manufacturers and retailers, all in compliance with the laws, regulations and standards in force, delivering the highest quality Italian food to the customer’s / end consumer’s home.
- Introduction and Effect of the General Sales Conditions
3.1. These general sales conditions concern the regulation of the purchase of products and services, made at a distance and made available via the internet and the website of www.ellseydolly.com in accordance with Italian law.
3.2. The seller of the products and the website owner is: Bar Jolly of Moroso Gianni – Individual Company, VAT number 00627250038 C.F. MRSGNN58E13B019S – with registered office in Viale A. Marazza 22, 28010 Borgomanero (NO) Italy registered in Register of Companies No. NO-1996-119549 email address email@example.com.
3.3. The customer who visits the site to purchase and before purchasing, is required to carefully read these general conditions available on the site and which can be consulted at any time by the customer in order to allow for reproduction and conservation of the same.
- Scope of Application
4.1. These general sales conditions apply to customers who fall under the definition of “consumers”, pursuant to legislative decree n. 206/2005, and who purchase products through the e-commerce platform of www.ellseydolly.com and use the products exclusively for private use.
4.2. By making the purchase order, the customer confirms that he or she has carefully read and accepts all the present general sales conditions and requests that the company proceed with their order.
4.3 The general sales conditions can be changed at any time, therefore each customer is required to consult the information written herein before proceeding with each purchase.
4.4 The general sales conditions apply regardless of the nationality of the customer, provided that the delivery of the products takes place in one of the countries for which the www.ellseydolly.com site provides the online sales service, and that said country corresponds to that of the customer’s country of registration.
- Object of the Contract and Service
5.1. The company offers an online sales service for food and beverage through www.ellseydolly.com. The object of the contract is therefore the online sale of food and beverage products through the said site www.ellseydolly.com.
5.2 The descriptions of the essential characteristics of each product are contained within each product sheet.
- Choosing and Ordering Products
6.1. The characteristics and the price of the various products for sale on the site are shown on the page of the site relating to each product.
6.3. By sending the order through the site, which has the value of a contractual proposal, the customer acknowledges and declares to have read all the information provided to him during the purchase procedure and to fully accept these written general conditions and payment.
6.4. The contract stipulated between the company and the customer must be considered concluded with the acceptance of the order by the company. Acceptance is communicated to the customer via an order confirmation email containing the order number, shipping and billing information (upon request), the list of products ordered with their essential characteristics and the total price, including shipping costs. The customer will check the confirmation email and if he identifies errors in the order, he must promptly report the matter to the customer service of the company by telephone or by e-mail indicated in the contact area within 12 hours from the arrival of the order confirmation. After this deadline the order will be processed for shipment and changes will no longer be accepted.
6.5. Once the order is received, the company will check the availability of the order with the suppliers. In the event that one or more products are not available, the customer service of the company will promptly send an email notification to the customer who, within the following 12 hours, will have the right to reply to confirm the shipment of any other available products or cancel it. In case of no reply within this deadline, the order will be considered confirmed and the available products will be shipped. In this case, the entire amount relating to the missing products will be reimbursed or, depending on the chosen payment method, will not be charged to the customer.
- Product Information
7.1. The information and characteristics relating to the products are available, with the relative product codes, on the site.
7.2. The visual representation of the products on the site, where available, normally corresponds to the photographic image accompanying the description. It is understood that the image of the products themselves has the sole purpose of presenting them for sale and may not be fully representative of features and quality, but may differ in colour and size. In case of difference between the image and the written product sheet, the description of the product sheet always prevails.
- Prices and Shipments
8.1 The selling prices are those published online and are inclusive of all taxes. All prices are expressed in euros.
8.2 The prices indicated in the online catalogue may be subject to change without notice. It is the customer’s responsibility, therefore, to ascertain the final price before sending the purchase order.
8.3 Shipping in Italy: throughout Italy the cost of shipping has a fixed price.
8.4 Shipments abroad: shipping costs vary depending on the country destination and total weight. These costs will be communicated to the customer during checkout and, in any case, before confirmation of the purchase. When the customer selects a destination country other than Italy, the shipping costs will be automatically updated.
- Payment and invoicing methods
9.1. Payment methods: Products can only be paid in the following ways:
– Credit card (Visa, Mastercard, American Express) via PayPal without PayPal account;
– Bank transfer: the customer can pay the price of the products and the relative delivery costs by bank transfer. The customer must make the transfer within 1 day from the order date. If this does not occur, the order will be cancelled, and the goods made available again for purchase by other customers. The customer who has not made the transfer in due time can be contacted by the customer service in order to clarify if the cause of the missed credit is due to the will of the customer not to confirm the purchase or to other causes. Reason for payment: the customer must indicate the date and the order number, which can be found in the order confirmation email. .
9.2 Invoicing of orders: if the purchase is made by a professional, it is possible to request the invoice by selecting the appropriate box during the ordering procedure and entering the billing information including tax code and / or VAT number. In this case the invoice will be sent via email to the address indicated by the customer. The customer is responsible for inserting the billing data correctly and is expressly informed that in the event of failure to request an invoice during the order it will not be possible to request one later.
- Delivery of Products and Risks
10.1 The customer acknowledges that the reception and collection of the products represents an obligation deriving from the sales contract concluded with the company.
10.2 All purchases will be delivered by courier. The dates and delivery times are a maximum of 10 working days, unless otherwise stated in the product description where the particular type of production make take longer. The company will undertake to respect dates and / or times by sending the products within the maximum limits permitted by applicable law, but will not be held responsible for any unforeseeable delays which cannot be attributed to it (for example in cases of force majeure or incidental case).
10.3 Once the products have been sent, the customer will be able to consult the order history and their status by accessing the site with their own credentials.
10.4 When the delivery of the products takes place in a subdivided manner, each batch of products must be considered as referable to a separate and distinct contract. Any defect found in one or more lots does not justify ceasing the entire contract or cancelling orders for each subsequent lot.
10.5 The products purchased on the site will be delivered to the address indicated by the customer during the purchase procedure in the “shipping data” field.
10.6 It is always the customer’s responsibility to verify the delivery address indicated and to communicate, without delay, any errors or omissions.
10.7 The company reserves the right to charge the customer with any additional costs due to changes made to the delivery address that are not promptly communicated.
10.8 In case of non-delivery due to the absence of the recipient on each occasion of the consented attempts of delivery, the package will remain in the courier’s deposit.
10.9 If the customer, in this case, is the final consumer and refuses or fails to receive the delivery of the product in accordance with the provisions of these general conditions of sale, all risks related to the loss or damage of the products will be at his or her expense. In this case the company may: a) hold the payment made and / or request immediate and full payment of the products and make delivery by any means deemed appropriate, or deposit the products at the customer’s full risk; b) or demand payment of all costs of storage of the products and any other additional costs incurred during refused delivery or inability to receive the delivery; c) in any case, the company can always cancel the order and have the order return to base, without affecting its rights for compensation for the damage caused by the customer, in addition to the risks and expenses mentioned above.
10.10 In the case referred to in point 10.9, the contract shall be deemed terminated by law pursuant to art. 1456 cc, with a simple communication by email from the company to the customer and the order will in effect be cancelled. Within 15 days of the aforementioned communication, the company will reimburse the total amount paid by the customer for the products, minus the costs of the unsuccessful shipment, the costs of returning the products to the company and any other expenses that the company has been incurred due to the non-delivery of expenses because of the absence or inaction of the customer in fulfilling the obligation to receive the delivery.
10.11 The reimbursement due, pursuant to art. 8.4, will be credited on the same payment method used by the customer.
10.12 Following the communication referred to in point 10.10, the customer who intends to request delivery of the products must necessarily proceed with a new order.
10.13 The company reserves the right to refuse orders from customers against whom the company has previously invoked the express termination clause referred to in paragraph 10.10 for non-fulfillment of the obligation to receive delivery of the products.
10.14 Except for the mandatory rights recognized by the applicable law, the customer, understood as the bearer of VAT number, will not have the right to refuse the products, overall or even partially, and will have to proceed with the payment for the whole, even though the delivery didn’t happen or was incomplete, except for immediate written communication of the claim upon delivery of the goods. Following this written communication, if the claim is correct, the customer will only have to pay for the actual quantity received.
10.15 Upon receipt of the products, the customer is required to verify the conformity of the same in relation to the order, paying particular attention that:
– the number of packages indicated on the carrier’s letter corresponds to the number of packages actually delivered;
– the package is intact and not damaged or tampered with.
Any anomalies (such as, for example, tampering, damage to the packaging) must be specifically indicated in writing directly on the courier’s transport document, and the customer must refuse delivery. At the same time, the customer will be required to report the fact to the company by sending an email to: firstname.lastname@example.org.
10.16 The customer is therefore invited to sign the transport document only after the checks described in point 10.15.
10.17 If the customer does not proceed in accordance with the preceding points, and, therefore, accepts the delivery of the products, even in the case of damaged or tampered with packaging, the customer will forfeit the legal guarantee of conformity of the products.
- Right of Withdrawal
11.1 The customer, as a consumer, has the right to withdraw from the product sales contract, as established by art. 52 of Legislative Decree No. 206/2005 (Consumer Code), without having to provide any explanation and without any penalty.
11.2 The customer can exercise the withdrawal within 14 days from the moment in which the customer, or the third party other than the carrier and designated by the customer acquires physical possession of the products.
11.3 In the case of multiple goods ordered with a single order and delivered separately, the term referred to in point 11.2 will start from the day on which the customer, or the third party other than the carrier and designated by the customer, acquires physical possession of the last goods .
11.4 Before the deadline referred to in point 11.2 expires, the client will inform the company of his decision to exercise the right of withdrawal from the contract. To this end, the customer can present to the company an explicit declaration of his decision to withdraw from the contract and send it for example by means of registered mail to: Bar Jolly of Moroso Gianni – viale A. Marazza 22, 28021 Borgomanero (NO) Italy, or by e-mail to: email@example.com, or by calling +39 335 169 3062.
11.5 The withdrawal term will be considered as respected with the sending of the withdrawal notice before the expiry of the withdrawal period, as determined above.
11.6 In the withdrawal notice the customer must specify the products for which he intends to exercise the withdrawal.
11.7 Upon receipt of the withdrawal notice, if timely, the company will reimburse the customer all payments received, including delivery costs, (with the exclusion of additional costs if the customer has expressly chosen a type of delivery different from the standard delivery type offered by the company) without delay and in any case within 14 days from the day on which it is informed of the customer’s decision to withdraw from the contract. The refund will be made using the same payment method used by the customer for the sale.
11.8 The company will be entitled to withhold the reimbursement until it has received the products.
11.9 Once the withdrawal has been exercised, the customer must return the products without undue delay and in any case within 14 days from the date on which he informed the company of his decision to withdraw from the contract, by sending the aforementioned to the following address, Bar Jolly by Moroso Gianni – viale A. Marazza 22, 28021 Borgomanero (NO) Italy
11.10 The direct costs for the return of the products will be charged to the customer who exercises the withdrawal.
11.11 For the sole purpose of complying with the repayment term, the products are intended as shipped when they are delivered to the accepting post office or to the forwarding agent.
11.12 For the return of the product the customer can use the postal service or a carrier of his choice.
11.13 As required by art. 57 paragraph 2 of the Consumer Code, the customer will be responsible for the decrease in value of the products returned resulting from the handling of the aforementioned items other than that necessary in order to retain their nature, characteristics and functioning.
11.14 In the event that upon receipt of the return delivery the company finds a decrease in the value of the products attributable to the customer, the company will have the right to offset the amount corresponding to the aforementioned decrease in value with the amount to be reimbursed to the customer following withdrawal. In this case, the company will notify the customer within 14 days of receipt of the return.
11.15 The right of withdrawal referred to in articles 52 to 58 for distance contracts and contracts negotiated away from business premises is excluded in relation to: a) the supply of goods or services whose price is linked to fluctuations in the financial market that the professional is unable to control and that may occur during the withdrawal period; b) the supply of goods made to specifications or clearly personalized; c) the supply of goods that are likely to deteriorate or expire rapidly; d) the supply of sealed goods that do not lend themselves to being returned for hygienic reasons or related to health protection and were opened after delivery; e) the supply of goods which, after delivery, are inherently mixed with other goods; f) the supply of alcoholic beverages, the price of which was agreed at the time of the conclusion of the sales contract, whose delivery can take place only after thirty days and whose actual value depends on fluctuations on the market that cannot be controlled by the professional; g) the supply of sealed audio or video recordings or sealed computer software that have been opened after delivery; i) the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications; l) contracts concluded on the occasion of a public auction; m) the provision of housing for non-residential purposes, the transport of goods, car rental services, catering services or services relating to leisure activities where the contract provides for a specific date or period of performance.
- Legal Guarantee of Conformity
12.1 All products sold through the site enjoy the legal guarantee of conformity established by articles 128 et seq. of the Consumer Code, applicable in any case only to the consumer.
12.2 The company is obliged to deliver goods to the customer in accordance with the sales contract, in accordance with the law,
12.3 The company is liable to the customer for any lack of conformity of the products at the time of delivery.
12.4 To benefit from the guarantee above, the customer must report the lack of conformity to the company within two months of the discovery, under penalty of forfeiture, by contacting the company by email at: firstname.lastname@example.org. The report must contain an accurate and complete description of the alleged defects.
12.5 The company will respond to the customer’s communication, giving instructions for the shipment of the defective product at the company’s expense.
12.6 The company may request the customer to attach the document stating the date of sale of the product in guarantee.
12.7 If the claim is valid, the guarantee of conformity will entitle the customer to obtain a full refund.
12.8 The customer will have the right to request, at his choice, a corresponding reduction in the price or the termination of the sales contract.
12.9 In no case does a minor lack of conformity give the right to terminate the contract.
12.10 Any defects or damage caused by accidental facts or by the customer’s liability or by use of the products not conforming to the relative use, or normal wear and tear, are excluded from the defects of conformity and, therefore, from the legal guarantee.
- Errors and Limitations of Liability
13.1 The information relating to the products provided through the site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which the company cannot therefore be held responsible, except in cases of willful misconduct or gross negligence.
13.2 The company reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update the information at any time without prior notice, without prejudice to the customer’s rights pursuant to the present general conditions and consumer code.
13.3 Except in the event of fraud or gross negligence, any right of the customer to compensation for damages or to the recognition of compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and / or things, caused by the non-acceptance or evasion, even partial, of an order.
13.4 The company declares to be aware of the criminal and / or administrative responsibility resulting from the sale of alcoholic substances to minors of age or consequent to other violations of certain age limits established by law. Therefore, in the event that the order should include products whose sale is subject to age limits, the company undertakes to verify, through a reliable procedure that includes a check of personal identity and age, that the originator has reached the minimum required age.
- Termination of the Contract
14.1 In any case of non-payment, or inaccurate or partial payment by the customer on the agreed date, and after 15 days from warning, the situation of payment remains unchanged, the sale will be terminated with the right of the company to request the return of the products if already delivered, maintaining its right to withhold any sums paid by the buyer as a penalty, except when the damage is greater and interest is due.
14.2 Any unpaid amount will also give rise to the application of the right to the payment of late payment interest.
15.1 Any complaint must be forwarded to the company, by writing an email to: email@example.com, or by registered letter to the following address: Bar Jolly of Moroso Gianni – Viale A. Marazza 22, 28010 Borgomanero (NO) Italy. The company will undertake to respond to all requests received within a maximum of 7 working days.
16.1 Any communication or notice in relation to these conditions must be made by registered letter and email, to the addresses indicated in point 15.1 of the present general conditions of sale.
16.2 The last address or contact communicated by the client will be the address to which the communications must be addressed, as prescribed by the applicable law regarding the legal proceedings before the election of domicile at the constituted proxy.
16.3 Except as provided above in relation to the cancellation of customer orders, such communications or notices (if duly addressed) will be considered received: a) upon receipt of the registered letter with return receipt; b) at the time and date of confirmation of receipt and opening of the email by the recipient.
17.1 pursuant to Legislative Decree no. 196/2003 (“code regarding the protection of personal data”) the company informs its customers that the personal data provided by them during the completion of the purchase order, is treated for the purpose of fulfilling the orders and commercial, promotional, managerial and statistical purposes for internal use. Since these functions are fundamental, in the absence of consent, the order cannot be processed. By submitting the order, the customer authorizes the company to process personal data for the purposes indicated above.
17.2 The company agrees to not communicate such data to those who may use the commercial information to send advertising material or for carrying out market research.
- Applicable Law and Competent Court
18.1 The conclusion of the sales contract pursuant to the General Conditions is governed by Italian law.
18.2 For any dispute that may arise regarding the interpretation of the General Conditions and the execution of the sales contract concluded pursuant to the aforementioned, the court of the customer’s place of residence or domicile will be competent if the customer is resident or domiciled in Italy. If the customer is not resident or does not have a domicile in Italy, for any dispute that may arise between the company and the customer, in the case of action taken by the company against the customer, the company may choose between the Court of Novara and the Court of the place of residence or domicile of the customer. In the event of action taken by the customer against the company, the Court of Novara will have exclusive jurisdiction.
Online Dispute Resolution
- Please note that the European Commission provides a platform for the alternative extra-judicial resolution of disputes, accessible on the website http://ec.europa.eu/odr.