GENERAL TERMS AND CONDITIONS OF ON-LINE SALES
1. Introduction
1.1 These general terms and conditions of online sales (the General Terms of Sale) govern procedures for the sale by the company Alifood S.r.l., with registered offices at Genoa, Salita Santa Caterina 4/6A registered with the Companies’ Register (Registro delle Imprese) of Genoa, REA (Economic and Administrative Register) No. GE - 480015, VAT No. 02357440995 (Alifood), through the website www.e-alifood.com (the Website) of all products present on that website (the Products or the Product).
1.2 All contractual agreements between Alifood and any person who places an order through the Website (the Customer) are governed by these General Terms of Sale.
1.3 Any purchase transaction will be governed by provisions of applicable law.
1.4 These General Terms of Sale may be amended at any time by Alifood, without prejudice to any purchase orders already sent by a Customer.
2. Registration
2.1 In order to make purchases through the Website a Customer must be registered with the Website. We therefore invite you to register with the Website. It is also necessary to expressly approve these General Terms of Sale. If you fail to accept these General Terms of Sale you will be unable to make purchases on the Website.
2.2 In order to make purchases through the Website, a registered Customer must also provide the following additional information on the company that is making the purchase: i) company name, ii) registered offices and iii) tax identification code.
3. Offer to the public
3.1 All Products and prices (products and accessory services) indicated on the Website constitute an offer to the public according to the limitations and procedures contained in the Website and in these General Terms of Sale. Before sending a purchase order a Customer must therefore carefully read the description of the Product illustrated in the individual Product description profile as well as the description of the accessory services.
3.2 Alifood informs the Customer that:
• they must complete an electronic purchase order and send it to Alifood in accordance with the procedures indicated on the Website;
• before sending a purchase order the Customer must identify and correct any errors in their entered data, following the instructions from time to time indicated on the Website and that accompany the various phases of the purchase;
• once the purchase order has been registered, it will be stored in the Website data-base for the time necessary to manage that order and also for the statutory time-limits. In order to access a purchase order a Customer may consult their Order History and Details on the Website.
4. Products and Base Prices
4.1 Alifood reserves the right to change the selection of Products offered on the Website at any time, together with the relative base prices and/or characteristics of the products and/or connected accessory services. In case of electronic, manual, technical or any other errors that may involve substantial changes to the base price for sale to the public - which were not forecast by Alifood - making that price extortionate or clearly inadequate, any purchase order will be considered invalid and void.
4.2 In any event, Alifood will not make any changes to the base price, to the price for any accessory services or to the description of the Products, following transmission of the Confirmation Message (as defined below). The graphic appearance of products on the Website is included for illustration purposes only and it may not coincide with the appearance of the Products delivered, if the manufacturer has changed the packaging and therefore for reasons beyond the control of Alifood. Moreover, photographs on the Website are indicative only and products may therefore differ from the catalogue presentation or they may depict a previously prepared or cooked product. Alifood does not undertake any responsibility for the information on/characteristics of Products supplied/purchased from individual manufacturers or distributors of Products.
4.3 In case of the purchase of “variable weight products” or rather products whose actual weight is determined upon preparation and/or weighing (e.g. meat, fish, delicatessen products and cheeses), the base prices proposed on the Website represent indicative weights and measurements: the actual weight may vary by up to 20% more or less than the indicative weight guide on the Website. Consequently, the precise amount for the Products will be notified in the Confirmation Message.
4.4 All prices present on the Website are expressed in Euro, net of any taxes and charges, where applicable, which will be quantified and notified to the Customer in the Confirmation Message. Additionally, the base price for Products does not include shipping costs or any other additional non-tax charges which will be calculated and notified in the Confirmation Message.
4.5 The base prices for Products and accessory services are calculated upon transmission of the purchase order. Therefore, Alifood cannot guarantee that the base price for the Product and the related accessory services in a Shopping Cart (as defined below) will remain the same upon actual transmission of the purchase order as it is upon placing the item in the Shopping Cart (some discounts and/or promotions may only be valid for a limited period of time, therefore the promotion could expire upon transmission of the purchase order).
5. Conclusion of the contract and acceptance of the General Terms of Sale
5.1 The contract of sale for the Products present on the Website shall be concluded by way of acceptance by Alifood, which may also be partial, of the purchase order. This acceptance is notified by email, as further indicated under Article 6 below. Alifood however reserves the right to reject any purchase order, also if it is irregular in terms of the quantity of Products purchased or frequency of purchases made on the Website.
5.2 Customer shall not be entitled to any compensation for damages or to any indemnity, and Alifood will not incur any contractual or extracontractual liability for direct or indirect damages attributable to total or partial failure by Alifood to accept a purchase order.
By way of transmission of the purchase order, Customer sends Alifood an offer to purchase the Product and/or Products included in the “shopping cart” which is a tool accessible to all registered users on the Website, following registration (the Shopping Cart).
6. Purchase procedure
6.1 Before sending the purchase order, through the Shopping Cart, a summary will be provided of the base price for each chosen Product, together with the total price in case of the purchase of various Products, an estimate of shipping costs, based upon the destination of the Products and of the chosen shipping method, and the cost of any accessory services selected by the Customer. Payment is made using the methods specified under Article 9 below.
6.2 Correct receipt of the purchase order is confirmed by Alifood within 3 business days in an email message certifying confirmation of due receipt of the purchase order (the Confirmation Message). The Confirmation Message contains information relating to the main characteristics of the Product and/or Products purchased, a detailed indication of the base price for each Product and any accessory services requested by the Customer, a detailed indication of shipping costs, estimated shipping times, taxes/charges applicable and method of payment and a reference to these General Terms of Sale and to specific information and conditions relating to the order. The Confirmation Message will include all data entered by the Customer who undertakes to check that such data is accurate and to promptly inform Alifood of any corrections necessary. If the Customer has selected bank transfer as the method of payment, Customer undertakes to make the relative payment within 2 business days of receipt of the Confirmation Message, as indicated in that Confirmation Message. In case of failure to make payment to Alifood, the purchase contract will be deemed to be terminated pursuant to section 1456 Italian Civil Code and nothing further shall be due for any reason from Alifood to Customer.
6.3 In case of rejection of the purchase order by Alifood, prompt notice to the Customer is guaranteed together with any release of payments made by credit card, within 5 business days.
6.4 A Product and/or accessory service ordered may be unavailable following transmission of the purchase order. In case of unavailability of the Product ordered and/or accessory service, the Customer will be promptly informed and the purchase order will be cancelled or changed with the consent of the Customer. In case of payment by credit card Alifood undertakes to release any payments to the Customer within 3 business days of the change to /cancellation of the order.
6.5 Following unexpected logistical and organisational difficulties Alifood may cancel an order – subsequent to the Confirmation Message – providing notice by email to the Customer, or it may change the shipping terms subject to agreement with the Customer.
7. Shipping and delivery of Products and customs procedures
7.1 Alifood only accepts orders for shipping to the territories indicated in the Website for each Product.
7.2 For each order made on the Website Alifood issues an invoice relating to the Products in the order. For the purposes of the invoice, information provided by the Customer upon registration with the Website and upon transmission of the purchase order shall be legally binding. Following issuance of the invoice it will no longer be possible to make changes to it.
7.3 The Website indicates estimated times for fulfilment of the order and shipping to the Customer of the Products purchased. In case of payment by bank transfer, the times shall commence from the date of receipt by Alifood of the credit entry to its bank current account.
7.4 In any event, Alifood will not be responsible for shipping any Products included in an order. Shipping will be handled by selected third-party shippers (the Shipper) and Alifood will not be held liable for any delays by the Shipper or in relation to any event or circumstance concerning shipping of the Products by the Shipper.
7.5 Upon delivery of the Products by the Shipper, Customer is required to check that:
• the number of packages delivered corresponds with the amount indicated in the invoice;
• the package is intact, undamaged, not wet or otherwise altered, including with respect to any seals (adhesive tape or straps).
In case of any damage to packaging and/or to the Product or of delivery of the wrong number of packages or the wrong indications, this must be immediately disputed with the Shipper, writing “goods received unchecked” and specifying the reason for unchecked receipt on the Shipper’s proof of delivery. Once the Shipper’s document has been signed, the Customer may no longer dispute the shipment.
7.6 Alifood requires the Shipper to comply with cold chain good practice irrespective of the length of transport and/or outside temperature and, in general to comply with rules for the good storage of the Products; Alifood shall not be liable for the poor condition of the Products due to improper storage by the Shipper or following the time of delivery to the Customer by the Shipper.
7.7 Any customs procedures connected to the Products are entrusted by Alifood to the Shipper; Alifood shall not therefore be responsible for any of the above-mentioned procedures. Alifood undertakes to deliver to the shipper all necessary documents, required by applicable laws, for the purpose of managing the aforementioned customs procedures. Alifood shall not, under any circumstances, be liable for any delays connected to customs procedures, also in case those delays may significantly impact the characteristics/quality of the Products, as indicated in the technical description of the Products present on the Website.
8. Payment methods
8.1 The Customer may make payment by way of:
(i) Bank Transfer: to the following bank account details: IBAN [●] held by Alifood. In case of payment by bank transfer, the Customer is further required to send copy of the transfer receipt by email to the following address b2b@alifood.it indicating the following message subject “Payment Confirmation Order no. …”; or
(ii) credit, debit and prepaid cards authorised to make online payments on the MasterCard, Visa, Maestro circuits. Upon transmission of the purchase order a pre-authorisation is sent, for the actual amount of the order indicated in the purchase order. Upon transmission of the Confirmation Message a debit request will be sent, for the actual amount of the order indicated in the Confirmation Message.
The pre-authorisation amount (credit limit or available balance) will be cancelled by the Customer’s card issuer, at varying times depending on the individual issuer.
The security of online payments is guaranteed by the online provider (card details are encrypted and sent directly to the bank that authorises the payment in real time).
9. Liability
9.1 Alifood undertakes to correct all errors present in the description of Products offered on the Website, as soon as possible, commencing from the time of report of that error by the Customer. Errors can be reported to the following address: b2b@alifood.it.
9.2 Alifood is not liable in case of damages of any kind caused by use of the Product in an improper manner and/or a manner which fails to conform to instructions provided by the manufacturer and in case of damage caused by fortuitous events or force majeure.
9.3 Alifood will not be liable in case of loss of revenues, profits, data or any other indirect damage of any kind arising out of or connected to agreements subject to the General Terms of Sale. Liability for Alifood may not, in any event, exceed the value of the relative Product that caused the damage.
9.4 Under no circumstances shall Alifood be held liable for breach of any one of the obligations arising out of sales and purchases governed by the General Terms of Sale if that breach is caused by fortuitous events and/or force majeure, including but not limited to natural catastrophes, acts of terrorism, network malfunctions and/or blackouts.
9.5 Alifood reserves the right to temporarily suspend the supply of the services on the Website, without prior notice, for the time strictly necessary for technical interventions necessary and/or advisable to improve the quality of those services and for the ordinary and extraordinary maintenance of the Website, its content and operation. Alifood may also, and at any time, interrupt the supply of services on the Website in case of reasons of security or breaches of confidentiality, giving notice to the Customer, possibly through the Website itself.
10.6 Alifood does not assume any liability for laws applicable to the Products in the country of delivery. Any and every liability in that regard is borne entirely by the Customer.
10. Returns
It is not, under any circumstances, possible to return Products since the characteristics and qualities of the Products are subject to deterioration, also as a result of inappropriate storage. The Products are therefore unsuitable for resale save for agreements applied on a case by case basis.
11. Governing Law and Jurisdiction
These General Terms of Sale are governed by Italian Law. The Court of Genoa shall have exclusive jurisdiction over any and every dispute that should arise in relation to the application, interpretation and execution of these General Terms of Sale.