General Conditions of Sale

(pursuant to Chapter I, Title 3, Part 3, of Italian Legislative Decree 206/2005 and subsequent amendments and additions)

1. Premise and Effectiveness of the General Conditions of Sale

These General Conditions of Sale (hereinafter, “General Conditions”) govern the distance selling of products and services made available via the internet on the website www.ceccarelligastronomia.it (hereinafter, the “Site”) and the related payment and delivery, in compliance with Italian regulations pursuant to Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, the “Consumer Code”). The seller of the products and owner of the Site is the company: Ceccarelli Amedeo srl with registered office in Bologna, Via Pescherie Vecchie, 8/a, 40100, Tax ID/VAT No. 03279290377, (hereinafter “Ceccarelli Gastronomia”). The person who accesses the Site to make purchases (hereinafter “Customer”) is required, before submitting the order, to carefully read these General Conditions – which constitute a binding agreement – made available on the Site and which may be consulted at any time by the Customer also through the link contained in the confirmation email of each order to allow reproduction and storage. In the event that the person making purchases on the Site requests the issuance of an invoice and/or is not a “consumer or user” as defined in art. 3, paragraph 1, letter a), of the Consumer Code, the provisions on withdrawal set out in Articles 7 and 8 of these General Conditions shall not apply, nor, more generally, shall the provisions which, pursuant to the same Consumer Code, apply only to “consumers”. Contracts concluded with CECCARELLI GASTRONOMIA through the Site are governed by these General Conditions in compliance with Italian law. The characteristics and price of the various products for sale on the Site (hereinafter “Product” or “Products”) are shown on the page relating to each Product. To purchase the Products, the Customer must complete and submit the order form in electronic format, following the instructions contained on the Site. The Customer must add the Product to the Cart and, after viewing these General Conditions of Sale and the Privacy Policy and confirming their acceptance, must enter the shipping and possible billing details, select the desired payment method from those available and confirm the order. By submitting the order from the Site, which constitutes a contractual proposal, the Customer acknowledges and declares that they have viewed all the information provided during the purchasing procedure and that they fully accept these General Conditions of Sale, Delivery and Payment transcribed, as well as the Privacy Policy. The contract entered into between CECCARELLI GASTRONOMIA and the Customer shall be deemed concluded upon acceptance of the order by CECCARELLI GASTRONOMIA. Such acceptance will be communicated to the Customer through an order confirmation email containing a reference to these General Conditions, the order number, shipping and billing details, the list of ordered Products with their essential characteristics, the total price – including delivery costs – and the payment method used. The Customer must check the confirmation email and if they identify errors in the order (billing or shipping address, contact information or similar, quality and quantity of ordered products, etc.) they will have a time limit from receipt of such email to contact Customer Service directly from the Site using the appropriate contact form in the Customer Service area. This time limit will be 12 hours for purchases made with Standard Delivery method. After this period, the order will be processed for shipping and no more changes will be accepted, without prejudice to the Customer’s rights under Article 7 below. Upon receipt of the order, CECCARELLI GASTRONOMIA reserves the right to verify the actual availability of the ordered products; if one or more Products are not available, CECCARELLI GASTRONOMIA will proceed with the replacement of the Product with a similar one in terms of quality and price unless the Customer selects, during the order phase, not to replace any missing products. In the event of one or more missing products, CECCARELLI GASTRONOMIA will not charge the relative price. In the case of purchase of products by variable weight (meat, cheeses, dairy products in general, packaged and unpackaged), the measurements and weight indicated on the Site are indicative, CECCARELLI GASTRONOMIA does its best not to deviate from the requested weight, however, there may be slight variations, both in excess and in defect. For the methods of charging the actual amount of the purchase, please refer to point 5.2 of these General Conditions.

3. Product Information

Information and characteristics relating to the Products are available on the Site. It is understood that the information of the delivered Products may differ from that shown on the Site for reasons not attributable to CECCARELLI GASTRONOMIA (e.g. changes made by the manufacturer to the Product, etc.) therefore it is always necessary to check the label and information on the delivered Product. CECCARELLI GASTRONOMIA does not assume any responsibility regarding the information reported on the Products by individual suppliers. Although CECCARELLI GASTRONOMIA endeavours to ensure maximum accuracy in the description of products from third-party suppliers, following product changes it may happen that corrections occur with a certain delay not attributable to CECCARELLI GASTRONOMIA. The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the descriptive sheet. It is understood that the image of the Products themselves is only intended to present them for sale and may not be perfectly representative of their characteristics, quality and appearance, which may differ in graphics, colour and size. In the event of a difference between the image and the written product sheet, the description on the product sheet shall prevail. Product prices are inclusive of all taxes and duties. All prices are expressed in Euro.

4. Delivery of purchased products

When placing the order, the customer will be asked for the postcode of the address to which they intend to have the shopping delivered and the system will verify in real time whether the Delivery service is available for that destination. For the delivery of products, CECCARELLI GASTRONOMIA uses specialised couriers who guarantee the preservation of freshness. CECCARELLI GASTRONOMIA pays the utmost attention in choosing the Courier but any problems attributable to the Courier cannot be attributed to CECCARELLI GASTRONOMIA. CECCARELLI GASTRONOMIA does not assume any responsibility and does not guarantee delivery for any incorrect, non-existent or generic addresses that do not allow the Courier to immediately identify the Recipient.

4.1. Specific and particular delivery methods:
CECCARELLI GASTRONOMIA may propose particular delivery services. Such services, where available, will be highlighted during the order phase and the Customer must verify at the time of order whether this type is available for their postcode or geographical area. In the absence of specific methods, the delivery method is the so-called “Standard” one.

4.2. Standard Delivery in Italy:
This is the delivery method unless otherwise specified. CECCARELLI GASTRONOMIA makes shipments on specific days (please check them during the order phase in the specific section of the site) to preserve the freshness of the product. Check on the site the dates on which shipments are made in order to take them into account when ordering as it is not possible to request shipments on days other than those scheduled. Delivery costs are shown directly at checkout (in Euros and inclusive of VAT), before order confirmation.

4.3. Deliveries in Bologna
Delivery within the Municipality of Bologna is made within 24 hours, unless otherwise specified, by means of refrigerated vehicles owned and/or managed by CECCAELLI PESCHERIE. Where possible, orders will be delivered the following morning to guarantee maximum freshness. The methods of access to this type of shipment and costs are indicated in the specific section (“Shipping”). In any case, the limitations of liability and the methods of complaints and returns pursuant to these sales conditions remain valid unless otherwise specified.

4.4. Special cases and specific rules for delivery, complaints, returns.
In the case of orders placed during the Christmas, Easter holidays, etc. We invite you to carefully check the specific indications on the site and not only the delivery date indicated when ordering as the latter may be delayed for reasons not attributable to CECCARELLI GASTRONOMIA, delays for which it will not be responsible. In such periods, order flows and the volume of shipments may cause delays that could lead to delivery after the holiday event. It is our concern to indicate by which date delivery will be guaranteed (within the limits indicated in point 6.) before the holiday event and, therefore, it is necessary that the Customer, before deciding to proceed with the order, pays maximum attention to this aspect to avoid unpleasant misunderstandings. Whatever the available or chosen delivery service, the Customer must check the goods upon delivery by the Courier. If the goods are accepted without reservation, it will not be possible to accept disputes and returns. It is always advisable to accept the goods with reservation, making sure to have this wording added to the delivery note. In particular, if the delivered packages are damaged, it is ABSOLUTELY necessary to highlight this on the delivery note. If the goods have been accepted with reservation and if they are damaged, it is necessary to send one or more photographs of the damaged products to our Customer Service email address within 24 hours of delivery. After this deadline, complaints and returns cannot be accepted.

5. Payment and invoicing methods

5.1. Payment methods

The Customer can pay the price of the Products and the related delivery costs by credit card, PayPal. To ensure maximum transaction security, CECCARELLI GASTRONOMIA does not store the Customer’s payment data, and the transaction takes place via secure servers (Stripe and PayPal) of certified partners integrated on the site that manages all online payments. · Credit Card The circuits on which it is possible to purchase within the Site are: Visa / Visa Electron / Mastercard. The reference credit institution uses the SSL protocol to encrypt data transmitted between its server and the Customer’s browser. This data is in no case recorded by the CECCARELLI GASTRONOMIA site. · PayPal Once the order is confirmed, the Customer will be redirected to the PayPal site where they can make the payment using their account, a card (even prepaid) or in any case according to the methods accepted by PayPal and in compliance with the relative conditions.

5.2. Payment authorisation and capture

5.2.1 Payment authorisation and capture for the sale of physical products For the sale of physical products – in the case of payment by Credit Card or PayPal – upon order confirmation by the Customer, only a pre-authorisation of the amount will be made on the chosen payment method. The actual payment will take place only upon order closure and the final amount will include the cost of only the products actually shipped, net of any price variations due to replacements or missing products, plus shipping costs and any ancillary services requested by the Customer.

5.2.2 Payment authorisation and capture for the sale of variable weight physical products In the presence of orders containing variable weight products (meat, cheeses, dairy products in general, packaged and unpackaged) – in the case of payment by Credit Card or PayPal – at the time of order, authorisation will be requested for the exact amount of the purchase, subject to any additions or refunds due to any weight differences of the variable weight product. The final amount of the charge will be confirmed only upon order closure and may undergo slight variations to cover any price differences due to weight differences, replacement with lower-priced products or missing products. The maximum variation expected for weight differences is + or – 10% of the total cart value but we will do our best to adjust the weight to the order entered by the Customer. Any pre-authorised amounts not used will be released on the Customer’s account shortly, according to the timing provided by the selected payment method or the bank.

5.3 Refunds
In the event of a refund, this will be made using the same payment method used by the Customer for the order. The refund will be made within 10 working days from the acceptance of the refund by CECCARELLI GASTRONOMIA.

5.4 Order invoicing
Should the Customer wish, it will be possible to request the issuance of an invoice by selecting the appropriate box during the order procedure and entering the billing details including tax code and/or VAT number, any company name and SDI Recipient Code. In this case, the invoice will be automatically sent to the customer’s fiscal drawer in accordance with the law. The customer is responsible for the correct entry of billing details and is expressly informed that, if the invoice is not requested at the time of ordering, it will not be possible to request it later.

6. Shipment, 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 Details” field. There are two types of delivery, Standard Delivery (hereinafter, “Standard Delivery”) and Delivery in Bologna (hereinafter, “Delivery in Bologna”). Standard Delivery is carried out with shipments on pre-established days as indicated in point 4. Delivery in Bologna is carried out directly by CECCAELLI PESCHERIE from Monday to Saturday. Public holidays and national holidays are always excluded. As regards Standard delivery (Shipments in Italy on the Site), CECCARELLI GASTRONOMIA is in no case responsible for unforeseeable delays not attributable to it or for any damage, loss, costs, incorrect and/or non-delivery of Products due to force majeure or fortuitous events (e.g. natural disasters, adverse weather conditions, strikes, accidents, etc.). In the event of loss of ordered products for reasons not attributable to CECCARELLI GASTRONOMIA, compensation shall be due determined in accordance with the provisions on shipment and transport contained in the civil code. Once the Products have been shipped, the Customer will receive a shipping confirmation email containing the shipping code.

6.1 Standard Delivery – Active services in Italy:
The service includes one delivery attempt at the address indicated at the time of order. Subsequent attempts are chargeable and will be charged to the same payment method used for the purchase. A notice will be left for each failed delivery attempt. On the second failed delivery attempt, or in the case of incorrect address details, the Courier will contact the recipient by telephone at the number indicated at the time of order to arrange delivery. If the recipient cannot be reached or is absent, or if delivery cannot be made for any reason, the goods will be returned to the warehouse and the Customer will be charged the delivery costs of the Products. In no case is a refund of the price charged for Products no longer sellable to third parties (e.g. fresh or easily perishable products such as meat, cheeses, bread, cured meats, delicatessen products etc. or customised products) nor a refund of the shipping cost.

7. Customer Rights

The Customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, except for the exclusion cases provided for in point IV below. To exercise this right, the Customer must send a communication to CECCARELLI GASTRONOMIA at the address indicated below within 14 days from the date of receipt of the Products using the form downloadable on the Site or, should they wish to exercise the withdrawal before receiving the Products, the withdrawal communication may be sent at any time before their receipt. This communication must be sent by registered letter with return receipt and/or certified email (PEC), addressed to: c.a. Ceccarelli Amedeo srl Via Pescherie Vecchie, 8/a 40124 BOLOGNA PEC: ceccarellisrl@legalmail.it The CECCARELLI GASTRONOMIA Customer Service, once the communication has been received, will open a file for managing the return and communicate to the Customer the instructions on the method of returning the Products, which will take place via courier indicated by CECCARELLI GASTRONOMIA itself.

The right of withdrawal is governed by the following conditions:

7.1. The right applies to the Product purchased in its entirety; therefore, if the Product consists of several components or parts, it is not possible to exercise the withdrawal only on part of the purchased Product.

7.2. In the event of exercise of the right of withdrawal, CECCARELLI GASTRONOMIA will reimburse the customer the full amount of the returned goods, including shipping costs if the reason for the return is attributable to CECCARELLI GASTRONOMIA, within 10 days from the date on which the withdrawal communication was received, without prejudice to CECCARELLI GASTRONOMIA’s right to suspend payment of the refund until actual receipt of the goods. The refund will be made according to the methods described in point 5.3 of these General Conditions.

7.3. Also in order to guarantee free return pursuant to the following article 8, the Products must be returned in the same box in which they were received, unopened and/or unused.

7.4. In addition to the cases indicated in the Premise (non-consumer customer and/or who requests an invoice), the right of withdrawal is excluded in the following cases, pursuant to art. 59 of Legislative Decree 21/2014:
7.4.1. order of Products made to measure or personalised;
7.4.2. order of Products that are likely to deteriorate or expire rapidly;
7.4.3. order of sealed Products that are not suitable for return for hygienic reasons or related to health protection or which have been opened after delivery. With reference to the cases of exclusion of withdrawal listed above, the Customer, in particular, is informed and accepts that these include all food Products (including wines and derivatives, alcoholic beverages, oils, cured meats, cheeses, etc.), as the characteristics and qualities of such types of Products are subject to alteration also as a result of inappropriate storage. Therefore, for hygienic reasons and to protect Customers, the right of withdrawal is applicable only for Products purchased on the Site that can be returned to CECCARELLI GASTRONOMIA and put back on the market without danger to consumer health. In cases of exclusion of the right of withdrawal, CECCARELLI GASTRONOMIA will carry out a preliminary verification of the admissibility of the withdrawal giving the Customer communication in this regard. If, for any reason, the return is nevertheless made, after ascertaining the inadmissibility of the return, CECCARELLI GASTRONOMIA will return to the Customer the Products purchased and returned in the absence of admissibility of this procedure, charging the same the reshipping costs. If the same have in the meantime deteriorated and are no longer marketable, it will proceed to dispose of them.

8. Free Return in case of exercise of the right of withdrawal – conditions

CECCARELLI GASTRONOMIA will also reimburse the Customer for shipping and return costs if the reason for the return is attributable to CECCARELLI GASTRONOMIA. Otherwise and for all other cases in which withdrawal is admissible pursuant to law but does not depend on the act or fault of CECCARELLI GASTRONOMIA, the shipping and return costs will be borne by the Customer and will be deducted from the total amount to be reimbursed. In order to benefit from the reimbursement of shipping and return costs, the Customer who intends to exercise the right of withdrawal must follow the procedure indicated in the previous article 7. However, specifying the reason, attributable to CECCARELLI GASTRONOMIA and not otherwise regulated by this contract and by law, which gave rise to the return of goods. In any case, they must wait to be contacted by CECCARELLI GASTRONOMIA to arrange the return of the Products to the courier.

9. Warranty and Defects of conformity

In the event of defects of conformity of Products sold by CECCARELLI GASTRONOMIA, the Customer must immediately contact Customer Service using the appropriate contact form accessible on the Site via the contacts indicated on the Site. The legal guarantees provided for by Articles 129, 130 and 132 of the Consumer Code apply to the sale of Products. The Customer is entitled, at their choice and provided that the type of Product allows it, to the restoration, at no cost, of the conformity of the Product through replacement, or to an adequate price reduction or to the termination of the contract. In the case of spoiled wine or corked wine, the Customer is required to keep the bottle with at least 2/3 of the content and with its original cork and to report the declared non-conformity to Customer Service. CECCARELLI GASTRONOMIA will intervene as soon as possible by arranging a free collection in order to carry out an in-depth check and propose the most suitable solution. The Customer loses these rights if they do not report the defect of conformity to CECCARELLI GASTRONOMIA as soon as possible in relation to the type of defect and, in any case, within two months from the date on which they discovered the defect (without prejudice to the obligations under the previous paragraph), provided that it is not a Product which by its nature is perishable or subject to expiry within a shorter period, in which case the defect must be reported within such shorter period and, in any case, as soon as possible.

10. Errors and limitations of liability

The information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which CECCARELLI GASTRONOMIA cannot be held responsible, except in proven cases of fraud or gross negligence. CECCARELLI GASTRONOMIA reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update information at any time without prior notice, without prejudice to the Customer’s rights pursuant to these General Conditions and the Consumer Code. Unless otherwise specified and except for the applicable legal provisions on liability for product damage, any claim for damages against CECCARELLI GASTRONOMIA (or any natural or legal person acting on its behalf) is excluded. The foregoing does not limit the Owner’s liability for death, personal or physical or mental injury, damages arising from breach of essential contractual obligations, such as obligations strictly necessary to achieve the purpose of the contract, and/or damages caused by proven fraud or gross negligence, provided that the use of this Website by the User was suitable and correct as well as the storage of the product after its opening and, in any case, unless the damage even to the health and/or life of the Customer did not derive from their own fault in the storage, use, processing of the delivered products. Unless the damage was caused by proven fraud or gross negligence or affects life and/or personal, physical or mental integrity, the Owner is liable only to the extent of the typical damage for the type of contract and foreseeable at the time of conclusion. CECCARELLI GASTRONOMIA promotes responsible alcohol consumption and excludes any liability on its part, except in cases of fraud or gross negligence, in the event of purchase by minors under 18. By purchasing any alcoholic product, you declare that you are of legal age as per art. 7 of Legislative Decree 158/2012. CECCARELLI GASTRONOMIA does not assume any responsibility in the event of a purchase made by minors under 18 who have declared a different age, nor for the abuse of alcoholic substances by the Customer, being unable to supervise the methods of intake of the products ordered on its Site.

11. Complaints

Any complaints must be forwarded to CECCARELLI GASTRONOMIA using one of the methods indicated on the site or by sending it to the following address: c.a. Ceccarelli Amedeo srl Via Pescherie Vecchie, 8/a 40124 BOLOGNA PEC: ceccarellisrl@legalmail.it
CECCARELLI GASTRONOMIA will process the Customer’s personal data in full compliance with applicable regulations and in accordance with its privacy policy which the Customer declares to have read and fully accept.

12. Online dispute resolution for consumers (ODR)

CECCARELLI GASTRONOMIA is always available to reach an agreement with the Customer in the event of a dispute or complaint. Should this not be possible, pursuant to art. 14 of Regulation 524/2013, the user is informed that in the event of a dispute they may submit a complaint through the EU ODR platform. The ODR platform constitutes an access point for users who wish to resolve disputes arising from online sales or service contracts out of court. It is obviously still possible to use any other protection tool ordinarily available.

13. Applicable law and competent court

The sales contract between the Customer and CECCARELLI GASTRONOMIA is deemed 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 and pursuant to the Consumer Code, the court of their municipality of residence or domicile if located in Italian territory shall have exclusive jurisdiction. In all other cases, territorial jurisdiction is exclusively that of the Court of Bologna, to the exclusion of any other court.

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Pursuant to article 1341 of the Italian Civil Code, the Customer declares to have read and specifically accept, after re-reading, the following articles of these General Conditions: 4. (Delivery); 5. (payment and invoicing methods); 6 (Shipment, transport and delivery – limitations of liability and compensation), 7. (Customer Rights and exclusions); 9. (Warranty and Defects of conformity); 10 (Errors and exclusions of liability).