Terms of sale

Clarifications and premises

These General Sales Terms and Conditions may be modified or updated at any time by the owner of the nocciolacalabria.it (hereinafter also referred to for convenience as the “SELLER”), which will notify customers through the appropriate channels. On placing an order, the CUSTOMER declares to have read, understood and accepted these Terms and Conditions without reservation.

Displayed Prices

All the prices of the products displayed and indicated on the SELLER’s website, which constitute an offer made to the public, are inclusive of VAT at 22% (in any case, the rate in effect at the time of shipment will be applied), are expressed in Euros, and are net of transport costs, which will be clearly indicated before completing the order. In the event of any increase or decrease in the prices, or incorrect publication on the website, the SELLER will fully inform the customer of the matter in question.

Payments

Payment for the order may be made by bank transfer or PayPal. In any case, the customer may select the preferred payment method before concluding the order. Once the order has been confirmed, a summary email will be sent to the customer or consumer. A purchase invoice will be issued only if expressly requested. Otherwise, a delivery note will be provided which will equally be valid as proof and ownership of the purchase, also for the purposes of the legal warranty and the possible exercise of the right of withdrawal.

Products

The SELLER reserves the right to modify or update the technical characteristics of the products for sale on the website without giving notice, but, in any case, always respecting applicable safety legislation. Should an order exceed the quantity existing in stock, the SELLER will communicate the lack of availability and any delay for the order to be fulfilled within 72 hours. If the customer or consumer does not agree to the delay necessary for delivery, the order will be considered cancelled and the SELLER will immediately cancel the payment.

Product availability, stocks and descriptions

The offered products comply with Italian and European regulations currently in force.

The prices shown are inclusive of VAT.

The information on the products has been communicated to the SELLER by their producers or suppliers, who are directly responsible for such information.

The images and colours of the products may differ from reality due to the display settings of the device used by the customer.

In any case, the SELLER may not be held responsible for any discrepancies attributable to incorrect communication by the producer or supplier of which the SELLER could not reasonably be aware under ordinary due diligence.

Inventories are not synchronized in real timeit is possible that some products appear to be available even if they are out of stock.

In such cases our Customer Service will contact you within 2-3 working days of receiving the payment confirmation, and will be at your disposal to resolve the problem and/or find a commercial compromise together.

Delivery, transport and times

The SELLER will ship FREE OF CHARGE throughout Italy for all orders over Euro 49 using its own selected couriers. For all orders below this amount, the shipping cost will be Euro 7.99. 
In case of absence of the recipient at the time of delivery, an attempt to redeliver will be made.

The shipping address considered valid is that indicated by the customer during the online purchase.

The delivery of the purchased item will take place in about 7 working days from the date of payment.

In general, deliveries take place within 3 working days of being entrusted to the carrier. However, deliveries in some regions and/or to disadvantaged locations may take longer.

This indication applies to deliveries in Italy. For all other destinations, times will be calculated on a case by case basis.

Incorporated in the site is a system to provide a product-specific delivery time estimation, to be understood purely as an indication, and not dependent on the actual availability of the product.

To offer a better service, all the goods available in stock will be shipped, and remaining items will be shipped carriage paid.

All the above may, in any case, be subject to delays caused by unforeseeable circumstances, force majeure, weekends and holidays, disadvantaged delivery locations, and orders of exceptional quantities.

If delivery is not successful, the goods will be returned to the SELLER, and the cost of returning the uncollected products will be deducted from any refund of sums paid.

Packaging is always free of charge.

- HOW TO ACCEPT DELIVERY OF THE PRODUCT

When the courier delivers, the customer or consumer must check that the package is intact, not damaged or wet, and, in any case, conforming to the standard characteristics of an ordinary undamaged package.

Any complaints must be raised immediately with the carrier, otherwise the product will be considered to have been delivered correctly.

From the moment the customer or consumer receives any damaged goods or requests their return by the carrier, the customer or consumer is in direct and exclusive relation with the carrier.

The latter is also liable for the delay in delivering the goods to the recipient. In any case, the SELLER is to be considered exempt from any liability for loss or damage to the goods from the moment they are handed without reservation to the carrier for transport.

- WHAT TO DO IN CASE OF DAMAGE DUE TO TRANSPORT

If on receiving the goods, there is obvious damage to the packaging, it will be necessary to:

1. Express acceptance of the product with reservation, that is, before signing the delivery note, you must write “I accept with reservation”. In such case, it will be possible, once the package has been opened, and any damage has been found, to be compensated for the damage suffered on the basis of the compensation provisions of Italian Legislative Decree No. 286 of 21/11/2005.

2. Or reject the damaged goods, if it is not possible to accept the package with reservation, or if the damage is visible without even having to open the package.

If the goods have been accepted with reservation, the customer or consumer must contact Customer Service in the ways expressed directly on the site, or by sending an email to the address indicated in the contact page of the site.

The SELLER has the right to request any photographic evidence of the damage, as well as collection of the damaged goods themselves, in order to make any claim against the courier, and any destruction and/or disposal of the goods must be authorized by the SELLER.

Right of withdrawal

The SELLER recognizes the right of withdrawal of the consumer, who, for any reason, is not satisfied, as provided for by current legislation, without penalty or the need to specify a reason.

This right may only be exercised by consumers, therefore, all purchases made for purposes related to business or professional activities, i.e. where a VAT number is entered in the order form, shall not enjoy this right.

If the right of withdrawal is expressed via email through our contact form, it must still, in any case, be confirmed by registered letter with return receipt to the address indicated above, within the following 48 hours.

The deadline for exercising this right is 10 working days from receipt of the goods, within which time the customer is required to return the goods and notify us by registered letter with return receipt to the address expressed at the top of this page.

- Important -

In the letter requesting to use the right of withdrawal, it is necessary to indicate the full details of a bank or postal current account in order to re-credit the amount due (with full account number, account holder, sorting code, branch code, etc.).

To exercise the right of withdrawal, it is necessary that:

1. The customer expresses the intention to exercise the right of withdrawal in the manner described above
2. The purchased good is unused, intact and returned in its original packaging, complete in all its parts (including any documentation and accessory equipment, such as manuals, brochures, etc.)
3. The product is returned within the times and in the manner described above.
4. The delivery costs are charged to the consumer
5. It is understood that the transport risks for return of the items are to be fully borne by the customer or consumer.

Once the goods arrive at our warehouse, they will be examined to assess any damage or tampering not caused by transport.

After checking the integrity of the goods, we will re-credit the amount already paid by bank transfer to the current account communicated by you to our Customer Service.

The refund will concern exclusively the price of the product, and will be made no later than 30 days from the moment in which the goods for which the customer wants to exercise the right of withdrawal are returned to us.

The only costs charged to the customer will be those relating to the return of the product (shipping and packaging costs).

The consumer may not exercise the right of withdrawal for products made to measure or clearly personalized, or which by their nature cannot be returned or are liable to deteriorate or expire rapidly.

Refunds

Whole or partial refunds will be issued within 90 working days of the request using the same method by which the payment was made at the time of purchase.

The refund may be requested by the customer, in the case of satisfying the conditions for the right of withdrawal when the goods have been delivered, or issued by the SELLER, in the case of any delays, damage to the products shipped, loss of shipments, non-compliant products, lack of goods in stock, whereby the order status will be changed to “REQUEST REFUND”, and the refund procedure will be initiated.

In any case, except in cases of unforeseeable circumstances or force majeure, the ordered products will generally be delivered within an indicative time of at least 7 (seven) to a maximum of 30 (thirty) working days, from the day following that on which the SELLER has confirmed the order to the customer by means of a specific order confirmation email. The shipping service includes 1 delivery attempt at the address indicated at the time of the order.

A note will be left in case of an inability to deliver.
It is, nonetheless, understood that the SELLER shall not be held liable in any way for delays in shipments less than the 30 days provided for by Article 61 of the Italian Consumer Code.

Warranty

All products offered by the SELLER are covered by the original Italian producer’s warranty of 2 (two) years (1 year limited warranty in the case of purchases made with a VAT number) for lack of conformity as per Italian Legislative Decree 24/02.

Damages caused by misuse are not covered under warranty, and the SELLER shall not, in any case, be held liable for direct or indirect damages deriving from improper use of the products sold.

In order to take advantage of the warranty on a purchased product, the customer should contact the authorized contact or customer service indicated on the products.

Obligations of the customer

It is prohibited for the customer to enter false or fictional data in the registration procedure necessary to activate the process for the execution of this contract and any other related communications. Personal data and emails must only relate to real personal data and not those of any third or fictional parties

The consumer or customer authorizes the SELLER to receive and undertakes to provide, at the latter’s discretion, a copy of an unexpired identity document.

Failure to comply with the request for a valid identity document shall give the right to the SELLER to terminate the contract due to breach of contract by the customer.

The customer releases the SELLER from any liability arising from the issuance of incorrect tax information or documents due to errors in the data provided by the customer, being the customer solely responsible for correct provision of such data.

Once the online purchase process has been completed, the customer undertakes to print and keep these General Terms and Conditions, which will have already been read and accepted as an obligatory step in the purchase, in addition to the specifications of the product being purchased.

Successful completion of the payment that the customer makes with the aforementioned means is essential, so that, by express agreement, the customer’s non-fulfilment of this obligation will result in legal termination of the contract, without the need for a judicial decision, without prejudice to the right of the SELLER to take legal action for compensation for further damages.

Invoicing

Commercial invoices for orders will be delivered directly to the customer or consumer and will have the relevant data inserted.

The SELLER would like to remind customers/consumers that it falls under their responsibility to print and/or keep a copy of the invoice sent, as per Italian Presidential Decree 633/72, as amended, and by Resolution of the Italian Ministry of Finance, under Protocol No.450217 of 30 July 1990.

The SELLER invites you to check the data entered on the invoice (e.g. name, address, VAT number and/or tax code Tax), and invites the customer or consumer to communicate any inaccuracies or omissions. Such data will be used for the purposes provided for by 21 and 29 of the Italian Presidential Decree No. 633 of 20/01/1972. With this notice, the SELLER is exonerated from any liability provided for under Article 41 of Italian Presidential Decree No. 633/1972.

Jurisdiction

Anyone who purchases the products or uses the services of the SELLER accepts that the relevant jurisdiction for any claim or dispute shall be the Court of Cardinale (CZ), Italy.