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GENERAL TERMS AND CONDITIONS OF ONLINE SALES

The goods covered by these general terms are offered for sale by the company CASEIFICIO GENNARI SERGIO E FIGLI SRL, headquartered at COLLECCHIO, VIA VARRA SUPERIORE 14/A, registered with the Parma Chamber of Commerce under REA number 159617 and Company Register number 01516810346 and VAT number, hereinafter referred to as the “Seller.”

1. Key Terms

  • General Terms and Conditions of Sale: These general terms and conditions of sale.
  • Seller: CASEIFICIO GENNARI SERGIO E FIGLI SRL.
  • E-commerce/Site: The web platform www.caseificiogennari.com through which the service is offered.
  • Product(s): Food and non-food products from various brands.
  • Consumer: Any individual defined as the final user of the product, pursuant to Legislative Decree 206/2005.
  • Service: Online sale of food products and complementary products (e.g., cheese graters, slicers, freshness-preserving bags).

2. General Provisions

a) The terms and conditions below (the “General Terms and Conditions of Sale”) form an integral part of the contracts concluded between the Seller and the Consumer for the supply of products (the “Products”).
b) These general terms and conditions of sale fully apply to every order and all sales.
c) The submission or delivery of any purchase order by the Consumer to the Seller implies full and unconditional acceptance by the Consumer of the Seller’s general terms and sales conditions, even if not formally signed by them. These general terms and conditions are available on the website www.caseificiogennari.com.
d) The Seller reserves the right to modify, supplement, or change the General Terms and Conditions of Sale by attaching such changes to offers or any written correspondence sent to the Consumer.
The Seller provides the following customer care email address for any additional information requests: caseificiogennari@caseificiogennari.com.

3. General Conditions

3.1. These general terms and conditions of sale apply to individuals classified as “consumers” under Legislative Decree 206/2005, who make purchases via the e-commerce platform www.caseificiogennari.com and use the purchased product exclusively for private purposes.

3.2. By placing a purchase order, the Consumer confirms having carefully read and accepted all these general terms and conditions of sale.

4. Object of the Contract and Service

4.1. Through the website www.caseificiogennari.com, the Seller offers an online sales service of food and other products from various leading brands.

4.2. The essential characteristics of the products have been detailed in the respective product descriptions.

5. Conclusion of the Contract

5.1. Orders submitted by Consumers constitute an offer to the Seller for the purchase of selected products under these general terms and conditions of sale. The contract is considered concluded only when the Seller accepts the offer by sending an e-mail confirmation or by fulfilling the order, even in the absence of explicit acceptance.

6. Prices and Availability

6.1. The product prices listed on the respective product pages must be paid in advance by the Consumer using the payment methods outlined below.

6.2. While the Seller strives to ensure that all products listed on the site are available, it cannot guarantee availability at the time of order receipt. In such cases, the Consumer will be notified via email of the non-acceptance of the order, and the pre-paid price for the selected product will be refunded in accordance with applicable law, either via bank transfer or as a credit to the card used for purchase.

7. Purchase Procedure

The Consumer will proceed with the purchase by following these steps:
a) Add the product to the cart;
b) Register on the site or complete the purchase as a “guest”;
c) Enter billing details;
d) Enter shipping details;
e) Choose a payment method:

  • Credit card data entered via PayPal payment system, which will process the charge upon order acceptance.
  • Bank transfer to the provided IBAN.

f) Complete the order.

Note: By accepting the terms of sale, the Consumer automatically requests the issue of an electronic invoice.

8. Consumer Declarations

8.1. The Consumer declares to be of legal age and to have the legal capacity required to enter into a binding agreement between the Parties.

8.2. The Consumer also confirms that the information provided during the order process is current, accurate, and sufficient for order fulfilment.

9. Prices and Payment Terms

9.1. Payment must be made in advance using the following methods:

  • Upon order confirmation, the Seller will charge the final amount to the Credit Card via the PayPal system, either at the time of order confirmation or execution.
  • The Seller reserves the right to verify the validity of advance payments made via credit card or bank transfer.
  • Bank connections for credit card payments are conducted in a secure environment, offering greater security compared to regular daily use. The system allows the credit card holder to provide their details directly to the bank through the PayPal payment method and not to the online store.
  • The Seller does not receive any credit card data, ensuring greater security for the consumer.

 10. Payment Methods

  • Credit Cards: The Seller accepts the following credit cards recognized by the PayPal circuit: VISA, MASTERCARD, AMERICAN EXPRESS, and other prepaid or rechargeable cards, as well as prepaid cards from the Visa Electron circuit, via PayPal’s payment gateway.
  • Bank Transfer: Payment can be made via bank transfer to the IBAN provided by the Seller.

In the event of order cancellation prior to acceptance or execution, a request will be made to cancel the transaction and refund the payment if already processed, excluding any bank charges incurred for the transaction. The Seller emphasizes, and the Consumer acknowledges, that the release times depend solely on the banking system. Once the transaction is canceled, the Seller will not be held responsible for delays and/or damages caused by the banking system.

Delivery of Products and Risk of Loss

10.0. Unless otherwise agreed, goods are supplied “CARRIAGE PAID TO” Ex Works (EXW – CPT INCOTERMS currently in force). The Seller reserves the right to make partial deliveries and/or split shipments of the goods.
10.1. Delivery times specified in the Order Confirmation are not considered essential unless otherwise expressly agreed in writing.
10.2. Force majeure (any circumstance beyond the Seller’s control such as fires, strikes, production failures, roadblocks, delays or defects in subcontractors’ deliveries due to circumstances covered by this clause) or other exceptional or unforeseen events affecting the Seller or its suppliers (e.g., production delays, non-compliance of products with the technical specifications identified through laboratory tests, etc.) suspend delivery terms without any liability for the Seller.
10.3. If the delay in delivery exceeds thirty (30) days and is not due to force majeure or other unforeseeable events, the Consumer must notify the Seller in writing of the delay, granting an additional thirty (30) days for delivery.
10.4. The Seller is not liable for damages caused by early or late, partial or total delivery.
10.5. Pursuant to Article 63, paragraph 1 of the Consumer Code, the risk of shipping remains with the Seller until the goods are delivered to the Consumer.
10.6. Once the risks have transferred, the Seller is not liable for loss or any other damage to the goods.

11. Right of Withdrawal

11.1. The right of withdrawal applies only to Consumers as defined in Legislative Decree 206/2005, i.e., natural persons acting outside of their professional activities.
11.2. The right of withdrawal is excluded in the cases outlined in Article 59 of Legislative Decree 206/2005, including, for example:
a) Supply of goods made to measure or clearly personalized.
b) Supply of goods that are likely to deteriorate or expire rapidly (e.g., the goods provided by the Seller).
c) Supply of sealed goods not suitable for return due to health protection or hygiene reasons, if unsealed after delivery.
d) Supply of goods which, after delivery, are inseparably mixed with other items by their nature.
e) Supply of alcoholic beverages whose price was agreed at the time of conclusion of the sales contract, which can only be delivered after thirty days, and whose actual value depends on market fluctuations beyond the professional’s control.

11.3. The right of withdrawal, outside the cases mentioned above, must be exercised within fourteen (14) days from receipt of the goods by sending an email to caseificiogennari@caseificiogennari.com. Confirmation of receipt of the withdrawal notification will be sent by the Seller via email from the same address.
11.4. Withdrawal will be considered effective on the day the notification is made using the above means.
11.5. Consumers exercising the right of withdrawal are entitled to a refund of the product price, including original shipping costs, excluding the return shipping costs, which remain their responsibility.
11.6. The Consumer must return the product intact, in perfect condition, and in its original packaging, at their expense, within fourteen (14) days of exercising the right of withdrawal, ensuring proper delivery. The return shipping costs remain the Consumer’s responsibility.
11.7. Products must be returned directly to the Seller. The refund for the product price will be processed within fourteen (14) days of receipt of the goods in perfect condition, verified at our premises.

12. Receipt of Products

12.1. Consumers are responsible for inspecting products upon delivery to ensure they meet the described conditions and are complete.
12.2. Unless otherwise specified, the Seller is not liable, and the Consumer has no right to reject the products, except in cases of defects or faults (not attributable to the Consumer’s conduct or negligence) reported upon delivery and inspection of the product in writing to the addresses specified in Article 12 of these sales conditions, and in any case within eight (8) days of discovery. Acceptance of the products without reservation extinguishes any liability for existing defects or damages.
12.3. Despite the perishable nature of the products sold, they are covered by the legal warranty of conformity pursuant to Articles 128 and following of the Consumer Code. In the event of a lack of conformity, the Consumer is entitled, at their choice and provided the product’s nature allows, to restoration at no cost, replacement, a price reduction, or contract termination.

13. Product Representations and Tolerances

13.1. All product descriptions, illustrations, depictions, details, dimensions, performance data, and any other information available on the website are intended as general illustrations and do not constitute any guarantee or declaration of product conformity.
13.2. Packaging weights may vary slightly within the tolerances permitted by law.

14. Communications

14.1. Any communication or notice concerning these terms must be made by registered mail with acknowledgment of receipt to the addresses indicated in point 12.6 of these general sales conditions.
14.2. The last address or contact provided by the Consumer will be the address to which communications prescribed by applicable law for legal proceedings should be sent unless otherwise specified.

15. Privacy Policy and Data Processing

15.1. The Consumer’s personal data will be processed in accordance with the laws on personal data protection (Legislative Decree 196/2003, Regulation (EU) 2016/679). The Seller informs the Consumer that it is the data controller and that personal data are collected and processed exclusively for the execution of this agreement.
15.2. Consumers are encouraged to read the Privacy Policy section of this website www.caseificiogennari.com.

16. Jurisdiction

16.1. For Consumers acting as end users, the court of the Consumer’s place of residence and related mediation bodies shall have jurisdiction, as provided by applicable law.
16.2. Consumers residing in Europe are informed that the European Commission has established an online platform providing an alternative dispute resolution tool. This tool can be used by European Consumers to resolve non-judicial disputes relating to online sales contracts. The European ODR platform is available at https://webgate.ec.europa.eu/odr.

17. Final Provisions

17.1. The invalidity of any single provision of these General Terms of Sale, in whole or in part, does not affect the validity of the remaining provisions.
17.2. These General Terms of Sale are drafted in both Italian and English.
17.3. For matters not covered by these General Terms of Sale, Italian law shall apply.