General terms and conditions of sale
(pursuant to Chapter I, Title 3, Part 3 of Legislative Decree 206/2005 as amended and supplemented)
1. Background and effectiveness of the General Conditions of Sale
The purpose of these General Terms and Conditions of Sale (hereinafter, "General Terms and Conditions") is to regulate the distance sale of products and services made available, via the Internet network, on the website www.orobicafood.com ( hereinafter, the "Site") and the related payment and delivery, in compliance with the Italian regulations set forth in Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, "Consumer Code").
A distance contract is defined as any contract concluded between the Professional and the Consumer within the framework of an organized sales scheme without the simultaneous physical presence of the Professional and the Consumer, through the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
IThe seller of the products and owner of the Site is Orobica Food Srl with registered office in Via della Castrina,1 - 24060 Chiuduno (BG) C.F/ P.I. n. 02916950161, REA: BG 333717 - PEC Address firstname.lastname@example.org (hereinafter "Orobica"). The person who accesses the Site to make purchases (hereinafter "Customer") is obliged, before sending the order, to carefully read these General Conditions - which constitute a binding agreement - made available to him on the Site and which will be accessible at any time online, by the Customer, through the link contained in the footer of the Site to allow him to reproduce them.
2. Product Information.
The information and characteristics relating to the Products are available, with the relevant Product codes, on the Site. It is understood that the information of the Products delivered may be different from that reported on the Site for reasons not attributable to Orobica (e.g., changes made by the manufacturer on the Product) so you should always check the label and information reported on the Product delivered. Orobica assumes no responsibility with respect to the information shown on the Products by individual suppliers. The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description sheet. It is understood that the image of the Products themselves is for the sole purpose of presenting them for sale and may not be perfectly representative of its characteristics and quality but may differ in graphics, color and size. In case of difference between the image and the written product sheet, the description of the product sheet shall always prevail.
Product prices are inclusive of all taxes and duties. All prices are quoted in Euros. Please note that Orobica, not by its own will, but for reasons of force majeure beyond its control, may, upon timely notice to the Customer, and after consent of the latter, apply additional charges to allow the proper processing of the order. Responsibility for loss of or damage to the goods, for causes not attributable to Seller, shall pass to the consumer only at the time when the latter, or a third party designated by him and other than the carrier, materially takes possession of the goods.
3. Delivery in Italy
Delivery is currently available throughout Italy and has a variable cost, not included in the price of the Products, which will be specifically indicated (in Euros and including VAT) at checkout prior to order confirmation.3.1 Delivery Abroad: Delivery is currently available in countries that are part of the European Union (check the complete list of countries served in the appropriate attachment) and has a variable cost, not included in the price of the Products, which will be specifically indicated (in Euros and including VAT) at checkout prior to confirmation of the order. Currently for foreign customers, perishable and non-perishable products will be delivered.
3.2. On-site pickup: For customers who would like to pick up the ordered products directly at Orobica, simply check the dedicated box in the section regarding the shipping method.
4. Methods of payment and invoicing
4.1. Payment methods The Customer can make payment of the price of the Products and related delivery costs by credit card, PayPal, and bank transfer and payment at Orobica in the case of collection of goods.
· Credit Card The circuits on which it is possible to purchase within the Site are:Visa, Mastercard
· PayPal Once the order has been confirmed, the Customer will be redirected to the PayPal site where he/she can make the payment using his/her account, a card (including prepaid) or in any case according to the methods accepted by PayPal and in compliance with its conditions.
· Bank transfer The customer will be able to take advantage of payment by bank transfer. Once Orobica receives confirmation of payment it will prepare for shipment of the order. Nothing received within 3 working days, Orobica will proceed to the elimination of the order.
Beneficiary: Orobica Food IBAN: IT 67 C 05034 53140 0000 0000 1321 SWIFT (BIC): BAPP IT 21 AC3 Bank: Banco Popolare branch Grumello del Monte (Bg) Reason: : the Customer must indicate in the reason for payment the code of the order placed.
In the event of a refund, this will be made using the same payment method used by the Customer for the order, unless the Customer expressly requests another type of payment method. The refund will be made within 14 business days of Orobica's acceptance of the refund. The refund may be held by Orobica until it receives the returned goods or until the Customer proves that it has shipped the goods it intends to return.
6. Invoicing of orders
If the Customer wishes, it will be possible to request the issuance of an invoice by selecting "I would like an invoice" during checkout and entering the invoicing data including: tax code / VAT number / company name / Pec. In this case, the invoice will be automatically sent to the customer's tax drawer, according to the law. The customer is responsible for the correct entry of the billing data and is expressly informed that if the invoice is not requested when ordering, it will not be possible to request it later.
7. Transport and delivery
The Products purchased on the Site are delivered to the address indicated by the Customer during the purchase procedure in the appropriate "Shipping Data" field. The estimated time for delivery is approximately 7 working days, except for delays caused by third parties not attributable to Orobica. Deliveries are made Monday through Friday. Orobica is not responsible for delays that are unforeseeable or not attributable to it or for any damages, losses, costs, wrong and/or non-delivery of the Products due to force majeure or fortuitous events (e.g. natural disasters, adverse weather conditions, strikes, accidents etc.).Once the Products have been shipped, the Customer will receive a shipment confirmation email.
7.1 Delivery: Active services in Italy: The service provides 2 delivery attempts at the address given at the time of the order. A notice will be left after each step. On the second unsuccessful delivery attempt, or in the case of incorrect address details, the Courier will return the goods to its warehouse and the Customer will be charged for the delivery costs of the Products. In no case is there a refund of the price charged for Products that can no longer be sold to third parties (e.g., fresh or easily perishable products) or a refund of the shipping cost. Only after agreements between Orobica and the Customer will it be possible to reschedule a new delivery attempt
7.2 Delivery: Active Services Abroad: For overseas customers, delivery is possible for dry, non-perishable, fresh, ultra-fresh and frozen products. For deliveries of "pantry" products, the service provides 2 delivery attempts at the address given at the time of order. A notice will be left after each step. On the second unsuccessful delivery attempt, or in case of incorrect address details, the Courier will return the goods to its warehouse and the Customer will be charged for the delivery costs of the Products. In no case is there a refund of the price charged for Products that can no longer be sold to third parties (e.g., fresh or easily perishable products) or a refund of the shipping cost. Only after agreements between Orobica and the Customer will it be possible to reschedule a new delivery attempt.
8. Right of withdrawal
The right of withdrawal is not applicable to B2B Customers.
In addition to the cases indicated in the Foreword (non-consumer Customer and/or requiring invoice), the right of withdrawal is excluded in the following cases, pursuant to Article 59 of Legislative Decree 21/2014:
- order of Products made to measure or clearly customized;
- order of Products that are likely to deteriorate or expire rapidly;
- order of sealed Products that are not suitable for return for hygienic or health protection-related reasons or that have been opened after delivery.
9. Errors and Limitations of Liability
The information regarding the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which, therefore, Orobica cannot be held responsible, except in cases of willful misconduct or gross negligence. Orobica reserves the right to correct errors, inaccuracies or omissions even after an order has been placed, or to change or update information at any time without prior notice, without prejudice to the Customer's rights under these General Conditions and the Consumer Code. Orobica promotes the responsible consumption of alcoholic beverages and excludes any liability on its part, except in cases of willful misconduct or gross negligence, in the case of purchases made by persons under 18 years of age. By purchasing any alcoholic product you declare that you are of legal age as per art. 7 of DL 158/2012. Orobica assumes no responsibility in the event of a purchase made by minors under the age of 18 who have declared to be of a different age.
11. Applicable law and competent court
The sales contract between the Customer and Orobica is concluded in Italy and governed by Italian Law. For the resolution of disputes relating to the interpretation, execution or termination of these General Conditions or individual purchase orders if the Customer is a consumer under the Consumer Code, the court of his town of residence or domicile if located in the Italian territory will have exclusive jurisdiction; in all other cases, the territorial jurisdiction is exclusively that of the Court of Bergamo, any other jurisdiction excluded.