- SUBJECT MATTER OF THE ONLINE CONTRACT AND ITS DEFINITION
For the purposes of this online contract, the term “online contract” refers to the distance contract for the purchase of goods and/or services entered into between BFood Srl, hereinafter referred to as the “Supplier”, VAT number 13733770963, and a consumer customer or a professional customer, within the framework of a distance selling system organized by the Supplier which, for this contract, exclusively employs Internet technology. Therefore, all contracts shall be concluded directly through the customer’s access to the website located at https://www.croccochips.com/it/negozio/.
For a consumer customer, hereinafter referred to as “Consumer”, this term designates only the natural person who enters into the contract for purposes that are not attributable to any entrepreneurial or professional activity.
For a professional customer, hereinafter referred to as “Professional”, this term designates the individual, public or private legal entity, or unrecognized collective body endowed with independent legal personality, who, when entering into the contract, acts within the scope of their professional or entrepreneurial activity.
The term “Customer” shall simply refer to the purchaser in the general sense, whether they are a Consumer or a Professional. - ACCEPTANCE OF THE GENERAL SALES CONDITIONS AND CUSTOMER OBLIGATIONS
2.1. The contract concluded between the Supplier and the Customer shall be deemed to have been entered into upon the Supplier’s acceptance—even if only partial—of the order. Such acceptance is deemed tacit unless otherwise communicated to the Customer by any means. By placing an order using any of the provided methods, the Customer declares that they have read and taken note of all the information provided during the purchase process and, consequently, fully accept the general conditions and payment terms set forth below.
2.2. It is strictly prohibited to enter false and/or fabricated personal data in the data collection forms required for the processing of the order. It is also prohibited to enter third-party data or to carry out multiple registrations pertaining to a single Customer. The Supplier reserves the right to pursue legal action against any violation or abuse, in the interest and for the protection of all Customers.
2.3. Upon completion of the on-line purchase procedure, the Customer and Consumer shall print or save an electronic copy and, in any event, retain these general sales conditions in accordance with the provisions of Articles 3 and 4 of Legislative Decree 185/1999 on distance sales. The sending of the order confirmation, therefore, implies complete awareness of these terms and their full acceptance.
2.4. The Customer is hereby precluded from any right to claim damages or indemnification from the Supplier, as well as from attributing to the Supplier any contractual or non-contractual liability for direct or indirect damages to persons and/or property arising from the non-acceptance, even if only partial, of an order. - SALE PRICES AND PURCHASE METHODS
3.1. All product sale prices listed and displayed on the website https://www.croccochips.com/it/negozio/, which constitute a public offer pursuant to Article 1336 of the Italian Civil Code, include VAT (only within Italian territory) and include shipping costs (free shipping throughout Italy). These prices may change at any time without prior notice from the Supplier; however, once a product order has been placed, the price will not be subject to any changes.
The shipping cost, both national and international, is clearly stated on the relevant page of the website, which the Customer is required to review before confirming the purchase, and is entirely at the Customer’s expense. In the case of delivery abroad, any additional charges due to taxes or duties required by the laws in force in the destination country shall also be borne by the Customer.
3.2. The Customer may only purchase products that are present in the catalog at the time the order is placed and viewable online at https://www.croccochips.com/it/negozio/, as described in the respective product information sheets. It is understood that the image accompanying a product’s descriptive sheet may not perfectly represent its characteristics. - PAYMENT METHOD
4.1. PayPal: Through this payment method, upon completion of the online transaction, all financial information (card number, expiration date, etc.) will be automatically transmitted, via encrypted protocol, to the relevant banking institution, which will charge the Customer’s current account for the amount related to the purchase made. BFood Srl uses the credit card payment system within the PayPal circuits.
4.2. In the event of order cancellation, either by the Customer, as described in Article 8 below, or by the Supplier in the case of non-acceptance of the order, the transaction cancellation will be requested. Once the transaction cancellation has been processed, under no circumstances can the Supplier be held liable for any direct or indirect damages caused by the delay of the same operation.
4.3. The Supplier reserves the right to request the Customer to send copies of identification documents proving ownership of the credit card used for payment. In the absence of the requested documentation, the Supplier may refuse to accept the order and, consequently, not conclude the contract.
4.4. At no point during the purchase process is the Supplier able to access information related to the purchaser’s credit card, as this data is transmitted via a secure connection directly to the website of the Banking Institution handling the transaction. No electronic archive of the Supplier will store such data. Therefore, under no circumstances can the Supplier be held liable for any fraudulent or unlawful use of credit cards by third parties during the payment process for purchased products.
4.5. Credit Card: The confidential credit card data (card number, cardholder, expiration date, security code) are encrypted and transmitted to the payment processor. Therefore, the Seller never has access to nor stores the credit card data used by the Customer for the payment of the Products, even in the event that the Customer proceeds to save the credit cards, except for the cardholder’s name only.
4.7. Advance Bank Transfer: In the case of payment via Advance Bank Transfer, the items ordered by the Customer will be reserved until receipt of proof of the executed transfer, to be sent to the Supplier at the email address info@croccochips.com within no more than 5 working days from the date of order acceptance. The shipment of the ordered items will occur only upon the actual crediting of the due amount to the Supplier’s bank account, which must take place within 7 working days from the date of order acceptance.
4.8 BANKING DETAILS
Bank: Wise
IBAN: BE94 9051 7425 1514
Account Holder: BFOOD SRL.
If these deadlines are exceeded, the order will be considered automatically canceled. The reason for the bank transfer must include the order reference number, the Consumer’s full name, or the company name or individual’s name if the Customer is a Professional.
4.9. Cash on Delivery (COD): Cash payments upon delivery are accepted. An additional charge of €5.00 applies for this payment method.
- SHIPPING AND DELIVERY METHODS
- Product Availability
6.1. The Customer may only purchase the products listed in the electronic catalog.
6.2. If the goods are not available in stock in the quantities desired by the Customer, they can contact the Supplier via email to receive all the necessary information about the product and the expected time for restocking. - RESPONSABILITY
7.1. The Supplier assumes no responsibility for any disruptions attributable to force majeure and/or unforeseeable circumstances such as accidents, thefts and/or robberies of the courier responsible for delivery, fires, explosions, strikes and/or lockouts, earthquakes, floods and other similar events which prevent, in whole or in part, the execution of the contract within the times and methods agreed upon.
7.2. Furthermore, it will not be liable to anyone for damages, losses and costs incurred as a result of the failure to execute the contract for the reasons mentioned above, the Customer being only entitled to the refund of the price paid by the Forwarder, who is solely responsible. - RIGHT OF WITHDRAWAL
8.1. Pursuant to art. 5 DL 185/1999, if the customer is a Consumer, he/she has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, except as indicated in this article. It should be noted that this right is reserved exclusively for natural persons, those consumer customers who, as defined in article 1, purchase the goods for purposes not related to and unrelated to their professional activity. The right of withdrawal is not provided for professional customers, natural or legal persons, who act in reference to the purchase contract in a professional context. To exercise this right, the Consumer must express to the Supplier the will to withdraw, within 14 working days from the date of receipt of the goods in the case of goods, or from the day of conclusion of the online contract for services. This communication must be sent by registered letter with acknowledgement of receipt addressed to BFood Srl, with registered office in VIA GAETANA AGNESI 5 20135 MILANO (MI) always sent within the aforementioned 14-day period and followed by a confirmation by registered letter with acknowledgement of receipt, sent within the following 48 hours. Once the aforementioned withdrawal communication has been received, the Supplier will promptly communicate to the Consumer the instructions on how to return the goods, intact and in the original packaging, which must take place within the following 48 hours.
8.2.In any case, the right of withdrawal is, in any case, subject to the following conditions:
– said right applies to the product purchased in its entirety, it is not possible to exercise withdrawal only on part of the product purchased;
– the purchased good must be intact and returned in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment), without any missing parts.
– said right does not apply to products made to measure or clearly personalized.
8.3. The shipping costs for returning the goods are entirely borne by the Consumer. The goods, until the certificate of receipt in the Supplier’s warehouse, are under the complete responsibility of the Consumer.
In any case, the Supplier is not liable in any way for damage or theft/loss of goods returned with uninsured shipments.
8.4. In the event of withdrawal, the Supplier will refund the Consumer the entire amount already paid, within 14 days from the date of receipt of the goods and, in any case, no later than 30 days from the Consumer’s communication. The Consumer will be responsible for promptly providing the bank details on which to obtain the refund (IBAN code of the invoice holder).
8.5. The right of withdrawal lapses entirely, due to the lack of the essential condition of integrity of the goods (packaging and/or its contents), in cases where the Supplier ascertains:
– the lack of the external packaging and/or the original internal packaging;
– the absence of integral elements of the product;
– damage to the product for reasons other than its transport.
In the event of forfeiture of the right of withdrawal, the Supplier will return the purchased goods to the sender Consumer, charging the latter the shipping costs. - CORPORATE PURCHASES
9.1.The Supplier also supplies the products in the catalogue to “professional customers”, retailers, natural persons, public or private legal entities, unrecognised collective bodies with autonomous legal personality, who in concluding the contract act within the framework of their professional or entrepreneurial activity.
9.2.In the case of particularly important orders, the Professional can contact the supplier company directly by email info@croccochips.com or by calling +39 3299542713. - CONTRACTUAL TERMINATION AND EXPRESS TERMINATION CLAUSE
10.1.The Supplier has the right to terminate the contract stipulated by simply giving notice to the Customer with adequate and justified reasons; in this case the Customer will have the right, exclusively, to the refund of any sum already paid.
The Customer has the right to cancel the contract within 12 hours of the order, giving timely notice to customer service via email info@croccochips.com.
10.2. The obligations undertaken by the Customer with this contract are of an essential nature so that, by express agreement, the failure by the Customer to comply with even one of said obligations will determine the automatic termination of the contract pursuant to art.1456 of the Italian Civil Code, without prejudice to the right of the Supplier to take legal action for compensation for further damages suffered. - JURISDICTION AND COMPETENT COURT
11.1.The sales contract between the Customer and the Supplier is deemed to be concluded in Italy and governed by Italian Law.
11.2.For the resolution of civil and criminal disputes arising from the conclusion of this distance selling contract, the territorial jurisdiction is exclusively that of the Court of Milan.