Sannio Gourmet General Terms and Conditions of Sale (or "CGVSG")
These General Terms and Conditions of Sale ("SANNIO GOURMET General Terms and Conditions of Sale" or "CGVSG") govern the offer and sale, through the SANNIO GOURMET platform (the "Marketplace") owned by Sannio Trade srl and managed by Sannio Trade srl through www.sanniogourmet.com, of the products and/or services specifically indicated on SANNIO GOURMET as "sold and shipped" or "sold" by the Seller (the "Products"). SANNIO TRADE SRL is merely the supplier and technical manager of SANNIO GOURMET and is, therefore, not part of the sales contract between the user or buyer of the Seller's Products and the Seller within SANNIO GOURMET. On the Website, users may purchase both SANNIO TRADE SRL products to which the General Terms and Conditions of Sale of SANNIO TRADE SRL apply, which are made available to the user in the "General Terms and Conditions of Sale" section on the footer of each page of the Website, and the products of the Sellers to which their SANNIO GOURMET General Terms and Conditions of Sale apply, and which must be strictly accepted before completing the order.
1.1. The offer and sale of the Products on SANNIO GOURMET constitute a distance contract governed by Italian Legislative Decree 6 September 2005, no. 206 ("Codice del Consumo") in particular, articles 45 et seq. and Italian Legislative Decree 9 April 2003, no. 70, containing the regulation of electronic commerce.
1.2. These General Conditions of Sale apply to all contracts concluded by the Seller through SANNIO GOURMET and do not apply to the sale of products on SANNIO GOURMET by third party sellers other than the Seller. These General Terms and Conditions are made available to the user on the SANNIO GOURMET website containing the Seller's identification details, which can be accessed by clicking on the Seller's name on the Product Sheet and at each stage of the purchase process ("Seller's Page"). Any changes and/or new conditions will be in force from the moment of their publication on the Seller's personal page. The users/purchasers are therefore obliged to access this page and consult, before making any purchase from the Seller, the latest version of these General Conditions of Sale SANNIO GOURMET.
1.3. The applicable General Terms and Conditions of Sale are those in force on the date of sending the purchase order for a Product and are available in Italian.
1.4. However, it remains intact that, before purchasing, the user must confirm the reading of these CGVSG, which can be freely stored and reproduced even during the purchase process.
1.5. Unless the law or these General Conditions of Sale provide otherwise, the messaging system of the SANNIO GOURMET platform is the only means by which all communications relating to the purchase of Products between the Seller and the user take place.
2. Purchases on SANNIO GOURMET
2.1. The purchase of Products on SANNIO GOURMET is subject to registration, pursuant to art. 3 below, and is permitted both to users who are consumers and to users who are not consumers. Individuals are allowed to purchase only on condition that they have reached of eighteen years of age.
2.2. Pursuant to art. 3, paragraph I, letter a) of the Codice del Consumo, here to be understood as rewritten, it should be noted that consumers are natural persons who, in relation to the purchase of the Products, act for purposes unrelated to the entrepreneurial, commercial, professional or craft activity possibly carried out.
2.3. The publication of the products and services displayed on the Site does not constitute a contractual proposal by the Seller and/or SANNIO TRADE SRL but an invitation to offer. The sending of the order by the user to the Seller has the value of a proposed purchase contract and confirms the knowledge and full acceptance of these Terms and Conditions of Sale.
2.4. The Seller reserves the right to refuse or cancel orders that come from:
(i) by a user with whom it has a legal dispute in progress;
(ii) by a user who has previously violated these GVM and/or the terms and/or conditions of the purchase contract with the Seller;
(iii) by a user who has been involved in fraud of any kind and, in particular, in credit card payment fraud;
(iv) by users who have issued false, incomplete or in any case inaccurate identification data or who have not promptly sent the documents requested by the Seller as part of the procedure referred to in art. 9.2 below or who have sent him invalid documents.
3. Registration on SANNIO GOURMET
3.1. Registration on SANNIO GOURMET is permitted by creating a SANNIO TRADE SRL account.
3.2. Creating a SANNIO GOURMET Account is free of charge. This can be done by registering on the Site and accepting the General Conditions of Use of the SANNIO GOURMET Site (available online via the link located on the footer of the SANNIO GOURMET Site).
3.3. To create a SANNIO GOURMET Account by registering on the Website, the user must fill in the appropriate form, which will indicate compulsory and optional data, entering the name, surname, date of birth (if a person), tax code/VAT number, address, telephone number, e-mail address and password, and click on the "Register" button.
3.4. The creation of a SANNIO GOURMET Account allows the user who intends to proceed with the purchase of Products through the SANNIO GOURMET Site, to carry out directly through the Site, among other things, the following activities:
a. storage and modification of personal data;
b. access to all information related to orders and returns;
c. verification of the status of the order;
d. management of personal data and updating at any time;
e. use of dedicated services that may be activated from time to time.
3.5. The access credentials, after registration (e-mail address and password), must be kept with extreme care and can only be used by the user. The User commits to immediately inform SANNIO GOURMET, if there are suspects or evidence of improper use or undue disclosure of the User’s credentials, as well as reporting to the postal police.
3.6. The registered User guarantees that the personal information provided during the registration procedure to the Site and to SANNIO GOURMET is complete and true and undertakes to hold SANNIO TRADE SRL and the Seller harmless and indemnified against any damage, obligation to pay compensation and/or sanction deriving from and/or in any way connected to the User violation of the rules on registration to SANNIO GOURMET and to the Site or on the conservation of registration credentials.
4. Information for the conclusion of the online contract relating to the purchase of Products
4.1. In accordance with Legislative Decree no. 70 of 9 April 2003 regarding electronic commerce, the Seller informs user that:
- in order to conclude the contract for the purchase of one or more Products on SANNIO GOURMET, the user must complete an electronic order in electronic format and send it to the Seller electronically via the platform, following the instructions that will appear from time to time on SANNIO GOURMET;
- before proceeding with the transmission of the order, the user may identify and correct any errors in data entry by following the instructions on SANNIO GOURMET or modify the order;
- the contract is concluded when the order reaches the Seller's server together with the payment receipt;
- once the order has been registered, through the appropriate messaging service of the platform, a confirmation e-mail will be sent, in fact, to the User e-mail confirmation of the order containing, without which the order is not concluded:
I) a summary of the general and specific conditions applicable to the contract,
(ii) information on the essential characteristics of the Product purchased,
(III) details of the price, the means of payment used, the delivery costs and any additional costs,
IV) information on the right of withdrawal if it is due given the exemption of the same ex Article 59 Codice del Consumo for agri-food and gastronomic products;
- the order will be filed by the Seller through the platform for the time necessary to execute it and, in any case, within the terms of the law. The User may in any case access his/her orders through his/her personal area of SANNIO GOURMET.
5. Availability of Products
5.1. The Products made available through SANNIO GOURMET by the Seller are those indicated in the catalogue published on SANNIO GOURMET as "sold and shipped" or "sold" by the Seller.
5.2. Each Product is accompanied by an information sheet that illustrates its main characteristics ("Product Sheet"). The Product Sheet also contains information on the availability of each Product, which is continuously updated. However, since SANNIO GOURMET can be visited by more than one user at the same time, each user may simultaneously send a purchase order for the same Product. In such cases, therefore, the Product may be available for a short period of time, being sold out or not immediately available.
5.3. If the Product is no longer available for the reasons indicated above or in other cases of unavailability of the Product, without prejudice to the rights attributed to the user by law, and by the resolution provisions of Articles. 1453 et seq. of the Italian Civil Code, the Seller will immediately notify the user directly or through the messaging system of the platform. The user will, therefore, be entitled to terminate the contract immediately, without any right to compensation for damages, provided that the original order has not been concluded and/or the payment has not been collected. Alternatively, the user may accept one of the following proposals of the Seller:
(i) if a restocking of the Product is possible, an extension of the delivery terms, with indication by the Seller of the new delivery term of the restocked Product;
(ii) if it is not possible to restock the Product, the supply of a different product, of equivalent or higher value, upon payment, in the latter case, of the difference. The user must promptly notify the Seller of his choice through the platform's messaging system.
5.4. In the event that the user makes use of the right of termination referred to in art. 61, IV and V paragraph, Codice del Consumo, and the payment of the total amount due ("Total Amount Due") has already taken place, the Seller will refund without undue delay and, in any case, within 15 working days of receipt of the order, without the right to a surcharge of any kind and so essential. The amount of the refund will be communicated to the user through the platform's messaging system and will be credited to the same means of payment used by the user for the purchase. Any delays in the credit may depend on the bank and the type of credit card used, without the right to a surcharge of any kind and so essential.
5.5. In the case of orders having as object a plurality of Products sold by the Seller ("Multiple Order"), if the occurrence of unavailability concerns only one or some of the purchases object of the Multiple Order, the user will be entitled to immediately revoke his proposal, limited to the Product or Products that have become unavailable, with consequent reimbursement of the amount relating to said Product or Products. The same right is granted to the user in the event that the order consists of Products sold by more than one Seller including products of SANNIO TRADE SRL ("Mixed Order") and the unavailability concerns one or more Products of only one of the Sellers.
6. Product Information
6.1. Each Product is accompanied by the so-called Product Sheet. The images and descriptions on SANNIO GOURMET reproduce, as faithfully as possible, the characteristics of the Products on sale. The colours of the Products may differ from the real colours due to the settings of the computer systems or computers used by the users to display them. Furthermore, the Product images in the Product Sheet may differ in size or in relation to any accessory products. These images should therefore be considered as indicative and with the tolerances of use. For the purposes of the purchase contract, the description of the Product contained in the order form sent by the user shall prevail.
6.2. It is understood, however, that SANNIO TRADE SRL is not responsible for any discrepancies in the Products from what is presented in the Product Sheet and sold by the Seller.
7.1. All prices of the Products published on SANNIO GOURMET are expressed in Euro and are inclusive of Value Added Tax as due according to Italian and European regulations in the case of products sold in the EU countries indicated below.
7.2. The Seller reserves the right to change the price of the Products, at any time, without notice, provided that the price charged to the user will be that indicated on SANNIO GOURMET at the time of placing the order and that no account will be taken of any changes (increasing or decreasing) subsequent to the transmission of the same. The price may in any case be subject to variations in the event that the prices of a product indicated on SANNIO GOURMET are, due to obvious material error, objectively incompatible with the normal market prices of that Product.
7.3. In the event that a Product is offered on SANNIO GOURMET at a discounted price, the Product Sheet will indicate the full reference price against which the discount is calculated. It is understood that the offer of Products at discounted prices will be made only if the full reference price of the Product corresponds to the actual market price of the same. In the event that no indication is included, it should be understood that the full reference price is the price at which the Product was previously offered for sale on SANNIO GOURMET.
8. Purchase Orders
8.1. The purchase contract shall be considered concluded only upon payment of the total due amount. In the event of non-payment of the due amount, the order will be cancelled and the user will be notified immediately.
8.2. The Seller will ship the Products only after receiving confirmation of the successful payment of the total amount due.
8.3. The risk of loss or damage to the Products, for reasons not attributable to the Seller will be transferred to the buyer, when the latter, or a third party designated by him - other than the carrier - becomes the material owner of the Products.
9. Methods of payment
9.1. The payment of the Products purchased by the Seller through SANNIO GOURMET can be made by credit card and alternative payment methods indicated in point 9.5.
9.2. In order to guarantee the security of payments made by SANNIO GOURMET and to prevent fraud, the Seller reserves the right to ask the Buyer, through the platform's messaging system, to send, by the same means, a front/back copy of his identity card and, in the event that the holder of the order is different from the holder of the credit card, of the latter's identity card. The request message will specify the period within which the document must reach the Seller, which will not, in any case, exceed 5 working days and subsequent to the request. While waiting for the requested document, the order will be considered suspended.
9.3. In the event that the Seller does not receive such documents within the specified term or receives expired documents or for any other reason that is not valid, the contract shall be considered terminated by right pursuant to and for the purposes of art. 1456 of the Italian Civil Code, without prejudice to the Seller's right to compensation for any damage resulting from the user's breach of contract. The termination of the contract, of which the user will be notified no later than 5 working days after the deadline for sending the documents requested, will result in the cancellation of the order, resulting in a refund of the Total Due Amount and the application, as far as compatible, of art. 5.4 above, as well as a penalty of 10% of the Total Amount Due which will be deducted when refunding general expenses and management charges.
9.4. In the event of receipt by the Seller of valid documentation within the term indicated in the request message referred to in art. 9.2, the delivery terms applicable to the Product shall start from the date of receipt of the same.
9.5. The Seller uses the secure payment service of https://www.gestpay.it/ which allows the method of payment by managing credit cards (Mastercard, Visa, American Express) and many alternative payment methods such as Apple Pay, PayPal, Sofort, IDeal, Yandex, Qiwi, Alipay, UnionPay, which provides for the use of the SSL security protocol or its evolution. Confidential credit card information (card number, holder, expiry date, security code) is encrypted and transmitted directly to the payment service provider. The Seller and SANNIO TRADE SRL therefore never have access to and do not store the data of the credit card used by the user to pay for the Products except in the case, limited to the data relating to the card holder, as referred to in art. 9.2.
10.1. The invoice, which will be issued by the Seller, will be included in the package containing the product, and can also be sent, at the request of the user, in PDF format. For the issue of the invoice, the information provided for this purpose by the user, which he/she declares and guarantees to be true, will be used as a basis, and the Seller will be provided with all the necessary information and indemnities in this regard.
11. Delivery of Products
11.1. The delivery of the Products purchased on SANNIO GOURMET is made in Italy, to the shipping address indicated by the user in the order form (so-called home delivery), at the door not being provided, and being excluded porterage. Orders from France, Portugal, Spain, UK, the Netherlands, Belgium, Luxembourg, Germany, Switzerland, Austria may also be accepted, but in this case all the maximum terms provided for in this contract for the purpose of delivery of the order will automatically double, and the purchase remains governed by these general conditions of contract.
11.2. At the time of shipment, the user may be sent an e-mail confirming delivery to the carrier, containing the tracking number through which the user can verify the status of the shipment ("Communication of the Shipment Event").
11.3. The methods of home delivery to the door, with the relative terms and costs, are indicated in the order summary.
11.4. The amount of delivery charges due in relation to a specific order and which may vary depending on the place of delivery is expressly and separately indicated (in Euros and inclusive of VAT), during the purchase process, in the summary of the order and, in any case, before the user proceeds to transmit the same. Delivery costs are the responsibility of the user, unless otherwise indicated.
11.5. If it is necessary to proceed to the reimbursement of delivery costs with reference to Multiple Orders, the Seller will proceed to the reimbursement of the entire cost of delivery costs, if greater than zero euro, only in the case of:
(i) withdrawal, if allowed and besides the exclusion under Article. 59 of the Codice del Consumo which excludes from the faculties for all food and / or food and wine;
(ii) resolution, which apply to all the Products referred to in the Multiple Order. In the event of withdrawal and when the termination concerns only certain Products of the Multiple Order, the refund will be proportional to the cost of each Product. In any case, the amount of the delivery costs to be returned may never exceed the amount actually paid by the user.
11.6. Delivery is at street level and will be made, unless otherwise indicated, from Monday to Friday during normal office hours (from 9 a.m. to 6 p.m.), excluding national holidays.
11.7. The user acknowledges that the withdrawal of the Product is a specific obligation of the user deriving from the purchase contract. In the event of non-delivery due to the absence of the consignee at the address specified in the Purchase order, the courier will leave in the letterbox a notice of passage containing the number to contact him. The courier may make another delivery attempt. If the second attempt is unsuccessful, the package will be deposited "in stock" with the courier. The user is required to collect the Product within 5 calendar days from the second day following the date of the notice of passage. After the days of storage, the Product will be returned to the Seller's warehouse.
11.8. As soon as the Product is returned to the Seller, SANNIO GOURMET will notify the user asking him/her to reply within 15 days confirming the original delivery address or indicating any other delivery address.
11.9. In the event that the user does not respond to the SANNIO GOURMET request within 15 days, the purchase contract shall be considered terminated by right. In this case, the Seller will not refund the user the Total Amount Due as a penalty and compensation for damages for the termination of the contract that operates ipso iure and ipso facto.
11.10. In the event that the user responds to the Seller's request within the established term, the Seller will make a second shipment to the address indicated by the user with transport costs to be paid by him/her in advance to the shipment itself. If the second delivery attempt is also unsuccessful, the purchase contract shall be considered terminated by right, without the right to a refund of the Total Due Amount and the costs of the second shipment in the manner indicated above as a penalty and compensation for damages for the termination of the contract that operates ipso iure and ipso facto.
11.11. Delivery periods commence on the date of order confirmation, unless otherwise stated. In the event of failure to indicate the delivery date, it will, in any case, take place within sixty days from the date of conclusion of the contract.
11.12. Those who have not collected the package more than twice cannot make purchases on SANNIO GOURMET. In the event that such person places orders in violation of this provision, the purchase contract may be considered terminated by right pursuant to and for the purposes of art. 1456 cc. The termination of the contract will be communicated to the user and implies the return of the Total Amount Due in the manner and under the terms of art. 5.4 above.
11.13. It is the user's responsibility to check the conditions of the Product that has been delivered to them. It being understood that the risk of loss or damage to the Products, for reasons not attributable to the Seller, is transferred to the user when the latter, or a third party designated by the same and different from the carrier, physically takes possession of the Products. The user is advised to check the number of Products received and that the packaging is intact, not damaged, not wet or otherwise altered, even in the closing materials (adhesive tape or metal straps) and is invited, in his interest, to indicate on the transport document of the carrier, any anomalies, accepting the package with reservation. The unreserved receipt of the Products, in fact, does not allow the user to take legal action against the carrier in the event of loss or damage to the Products, unless the loss or damage is due to intent or gross negligence of the carrier and except for partial loss or damage not recognizable at the time of delivery, provided that, in the latter case, the damage is reported as soon as known and no later than eight days after receipt. In the event that the package shows obvious signs of tampering, damage or alteration, the user is advised to promptly notify the Seller. In any case, the application of the rules on the right of withdrawal and the legal guarantee of conformity remains unaffected.
11.14. In the event that the Product purchased is not delivered or is delivered late with respect to the delivery terms indicated during the purchase process and in the order confirmation, which unless otherwise indicated is sixty days from payment date, the user, pursuant of art. 61 of the Codice del Consumo, invites the Seller to make the delivery within an additional period appropriate to the circumstances ("Additional Term") not less than the original term. If this additional period expires without the Products having been delivered to him, the user is entitled to terminate the contract, without prejudice to the right to compensation for damages. The user is not responsible for granting the Seller the above Additional Term if:
a) the Seller has expressly refused to deliver the Products;
b) compliance with the delivery date indicated during the purchase process and in the order confirmation must be considered essential, taking into account all the circumstances that accompanied the conclusion of the contract;
c) the user has informed the Seller, before the conclusion of the contract, that delivery by a given date is essential not less than twenty days from order acceptance date. In the aforementioned cases, if the user does not receive the Products within the delivery time indicated during the purchase process and in the order confirmation, he/she is entitled to terminate the contract immediately, without prejudice to the right to compensation for damages. In the event of termination of the Contract pursuant to art. 61, paragraph III, of the Codice del Consumo or termination in the Excluded Cases, SANNIO GOURMET will reimburse the user the Total Due Amount without undue delay. The refund will be made in accordance with the procedures set out in art. 11.19. In any case, SANNIO GOURMET undertakes to inform the user, promptly and by e-mail, of the delay in delivery, indicating at the same time the new delivery term, if available ("New Delivery Term") and, in the event that the user does not proceed to the setting of the Supplementary Term ex art. 61, III, Codice del Consumo or, if the conditions are met, the Termination of the Contract ex art. 61, paragraph III, Codice del Consumo or the Termination of the Contract in the Excluded Cases, without prejudice to the possibility for the user to avail him/herself at any time of such remedies and/or of the ordinary means of protection made available by law, the Seller also undertakes to:
(i) in the case of delivery with a delay of between 1 and 7 working days with respect to the new delivery term, reimburse the user who so requests the delivery costs, if already paid, within ten working days from the date of dispatch.
(ii) in the case of delivery with a delay of between 7 and 15 working days with respect to the new delivery term, allow the user who so requests to refuse delivery and terminate the contract, resulting in a refund of the Total Amount Due, if already paid, immediately and, in any case, within 15 working days of the request for termination of the contract or, alternatively, if the user does not wish to terminate the contract, reimburse the user who so requests the delivery costs, if already paid, within 10 working days of the request or do not request payment, if not yet paid;
(iii) if delivery is delayed by more than 15 working days with respect to the New Delivery Time or, in any case, by 20 days with respect to the original delivery time, it is offered the user who so requests, in addition to the provisions of art. 11.15 (ii) above, the supply of a different Product of equivalent or higher value, subject to payment, in the latter case, of the difference and with the express consent of the user.
11.15. The above provisions also apply in the case of multiple orders that must be delivered separately.
11.16. In both cases, in the event of failure to send the Delayed Notice E-mail or in the event of failure to set the New Delivery Term itself, all the terms referred to in articles 11.15 (i), (ii) and (iii) and 11.16 (i), (ii) and (iii) above shall start from the original delivery term.
11.17. The user may accept, even tacitly, the New Delivery Term in the cases referred to in articles 11.15 and 11.16, without prejudice to his/her right to refuse delivery, to terminate the contract and to avail himself of the ordinary means of protection made available by law. In the cases referred to in Articles 11.15 (ii) and (iii) and 11.16 (ii) and (iii), the user's choice must be promptly communicated to SANNIO GOURMET through the platform's messaging system.
11.18. In all cases referred to in Articles 11.15 and 11.16 where a refund is due to the user, the amount of the refund will be credited to IBAN to be notified by the user. Any delays in the credit may depend on the bank and in any case will never be attributable to SANNIO TRADE SRL.
12. Right of withdrawal with the exclusions referred to in art. 59 Codice del Consumo on food and wine products
12.1. The user who is a consumer has the right to withdraw, without prejudice to the exclusions provided for in art. 59 of the Codice del Consumo on food products such as all those offered by the SANNIO GOURMET platform, from the contract of purchase of the Product without having to provide any reasons and without having to incur costs other than those provided below, within the period of fourteen calendar days that run:
a) in the case of an order relating to a single Product, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the Product;
b) in the case of a Multiple Order with separate deliveries, from the day on which the user or a third party other than the carrier and designated by the user acquires physical possession of the last Product;
c) in the case of an order for the delivery of a Product consisting of multiple lots or pieces, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last lot or piece.
12.2. To exercise the right of withdrawal, the user must inform SANNIO GOURMET, before the expiration of the Withdrawal Period, of its decision to withdraw which, however, is excluded for food products pursuant to art. 59 of the Codice del Consumo.
12.3. To this end, the user may, if permitted by applicable laws and subject to the exclusions set forth in art. 59 of the Codice del Consumo:
a) use the standard withdrawal form made available on SANNIO GOURMET before the conclusion of the contract via the link "Right of Withdrawal", and reported at the bottom of the order confirmation; or
(b) make any other express statement of its decision to withdraw from the contract;
c) follow the guided procedure made available to the user in the "My Returns" section of the personal area. In this case, the Seller will immediately send the user, through the platform's messaging service, a confirmation of receipt of the withdrawal request.
12.4. The user has exercised his right of withdrawal within the Withdrawal Period, if the communication relating to the exercise of the right of withdrawal is sent before the expiration of the same period.
12.5. In the event of withdrawal, the user must return the Products to the Seller, using a carrier of his choice and at his own expense, without undue delay and in any case within 14 calendar days from the date on which he notified the Seller of his decision to withdraw. This deadline is met if the user returns the Products before the expiry of the fourteen-day period. The Product, suitably protected and packed, must be sent to the address communicated by SANNIO GOURMET. In the case of goods which by their nature cannot normally be returned by post, the Standard Return Instructions shall indicate the estimated average cost of returning such Products or, alternatively, the estimated cost of returning such Products by a specific carrier, together with an indication of such carrier.
12.6. If the user withdraws from the contract, SANNIO GOURMET will refund the Total Due Amount paid by the user for the Product, including delivery costs, without undue delay and in any case no later than 14 calendar days from the day on which the Seller was informed of the user's decision to withdraw from the contract. The refund will be made using the same means of payment used by the purchaser for the initial transaction; in any case, the user will not have to bear any cost as a consequence of such refund, except as expressly provided for. The refund may be suspended until we receive the Products or until you have demonstrated that you have returned the Products, whichever is earlier. In the case of partial withdrawal from Multiple Orders, the quantification of the delivery costs to be returned to the user as a result of the exercise of the right of withdrawal will be carried out as indicated in art. 11.5 unless excluded under article 59 of the Codice del Consumo.
12.7. The user is only responsible for the decrease in value of the goods resulting from a different handling of the Product from that necessary to establish the nature, characteristics and functioning. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, working, accompanied by all accessories and package leaflets, with labels and disposable seals, where present, still attached to the Product and intact and not tampered with, and perfectly suited to the use for which it is intended and free of signs of wear or dirt.
12.8. In the event that the withdrawal has not been exercised in accordance with the applicable legislation, it will not result in the termination of the contract and, consequently, will not give right to any refund. The Seller will inform the user within 5 working days of receipt of the Product, rejecting the request for withdrawal. The Product shall remain at the Seller's disposal for collection by the user, which shall be at the Seller's expense and responsibility.
12.9. In the event that the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from handling of the goods other than that necessary to establish the nature, characteristics and operation, the refund amount will be reduced by an amount equal to this decrease in value. The Seller shall notify the user of the circumstances and the consequent reduced refund amount within 5 working days of receipt of the Product, providing the user, if the refund has already been paid, with the bank details for payment of the amount due by the user due to the reduction in value of the Product.
12.10. The Right of Withdrawal is expressly excluded in the case of the supply of tailor-made or personalized products, sealed products that are not suitable for return for reasons of hygiene or related to health protection that have been opened after delivery and in any case for all products of a food nature, products of current domestic use, and / or delivered on a regular basis and much ex art. 59 of the Codice del Consumo.
12.11. In the event that one of the legal hypotheses becomes true, the right of withdrawal does not apply, this exclusion will be given specific and express warning during the purchase process, before the user proceeds to transmit the order, since a special field with a flag must be selected.
12.12. The right of withdrawal is not recognized to the buyer who works in a professional environment or who has a VAT number.
13. Applicable law - Self-regulation code - Out-of-court settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution
13.1. The purchase contract concluded through SANNIO GOURMET between the Seller and the user is governed by Italian law and is subject to Italian jurisdiction.
13.2. Without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favourable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the period for exercising the right of withdrawal, the period for returning the Products, in the event of exercising this right, the manner and formalities of the communication of the same and the legal guarantee of conformity.
13.3. For any dispute that may arise, by way of example but not limited to, for the purpose of interpreting the execution or termination of the contract of sale of the Products and the General Conditions of Sale SANNIO GOURMET is the exclusive jurisdiction of the Court of Benevento. Please note that in the case of consumer users, for any dispute relating to the application, execution and interpretation of these General Terms and Conditions of Sale, the place of jurisdiction of the place where the user resides or has elected domicile is competent.
13.4. Users residing in Italy or in another Member State of the European Union may also access, for any dispute relating to the application, execution and interpretation of these General Terms and Conditions of Sale, the European Small Claims Procedure established by Council Regulation (EC) No 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the Regulation can be found at www.eur-lex.europa.eu.
13.5. Pursuant to Article 141-sexies, paragraph 3 of the Codice del Consumo, the Seller informs the user-consumer that, in the event that he has filed a complaint, following which it was not possible to resolve the dispute, the Seller will provide information about the body or bodies of Alternative Dispute Resolution for the out-of-court resolution of disputes relating to obligations arising from a contract concluded under these General Conditions of Sale (cc.dd. entities ADR, as indicated in Articles. 141 et seq. of the Codice del Consumo), specifying whether or not it intends to use these entities to resolve the dispute itself. The Seller also informs the user-consumer that a European platform for the on-line resolution of consumer disputes (the so-called ODR platform) has been established. 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 entities, find the link to the site of each of them and initiate an online dispute resolution procedure in which he is involved.
13.6. In any case, this is without prejudice to the consumer user's right to bring the dispute arising from these General Conditions of Sale before the competent ordinary court, regardless of the outcome of the out-of-court settlement procedure, as well as the possibility, if the conditions are met, of promoting out-of-court settlement of disputes relating to consumer relations through recourse to the procedures set out in Part V, Title II-bis of the Codice del Consumo.
14. Purchasing Protection Programme
14.1. The Seller offers the user who has purchased a Product the possibility to refer to the alternative complaint resolution plan called "Purchasing Protection Programme", which allows the Buyer to refer, on an exclusive basis, to SANNIO TRADE SRL the decision of a complaint submitted by the Buyer.