1) Definitions
The purpose of these general conditions of sale (hereinafter, “General Conditions”) is to regulate the purchase of products and services, carried out remotely and made available, via the Internet, from the blucapricioccolato.it website (hereinafter, the “Site”) in compliance with Italian legislation as per Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, “Consumer Code”).
The expression “Purchaser” refers to the person who makes the purchase, referred to in this contract.
The expression “Supplier” refers to the subject who performs the sale of the goods covered by this contract.
The goods and services object of the present general conditions are offered for sale by Peccati di Capri International Srl Fabbrica di Cioccolato e Affini with registered office in Via G. Filangeri, 21 – 80121 Naples, VAT No. 12400831009.
The Purchaser, by sending his purchase order electronically, declares that he has read and accepted the general conditions and payment terms transcribed below, and that he has read them. Therefore, the transmission of the order implies full knowledge of the above-mentioned conditions and their full acceptance.
The Purchaser undertakes and is obliged, after the conclusion of the online purchase procedure, to print and keep these general conditions of sale, which have already been read and accepted.
2) Object and conclusion of the contract
With the present contract, respectively, the Supplier sells and the Purchaser purchases at a distance by telematic means only the tangible movable goods and services indicated and offered for sale on this site.
The contract between the Supplier and the Purchaser is concluded exclusively via the Internet through the Purchaser’s access to the address on this site, where, following the procedures indicated, the Purchaser will formalise the purchase order for the goods offered for sale.
To purchase the products, the Purchaser must fill in and send the order form and correctly complete the purchase process up to the summary page containing the order number in electronic format, following the instructions contained on the Site. The Purchaser shall add the products to the shopping cart and, after having read the general conditions and the Privacy policy, shall enter the shipping and invoicing data, select the desired payment method and confirm the order. By sending the order from the Site, which has the value of a contractual proposal, the Buyer acknowledges and declares to have read all the information provided to him during the purchase procedure and to fully accept the General Conditions and the payment terms transcribed herein.
Peccati di Capri International Srl will send to the Buyer an email confirming the order itself, containing the order number, the shipping and invoicing details, the list of the ordered Products with their essential characteristics and the total price, including any shipping costs. The Customer will check the confirmation email and if he/she identifies any errors in the order, he/she will have 12 hours from receipt of the email to contact Customer Service directly from the Site using the contact form accessible through the “Contacts” section. After that time the order will be processed for shipment and no more changes will be accepted, without prejudice to the Customer’s rights under article 15 below (right of withdrawal). The contract stipulated between Peccati di Capri International Srl and the Buyer will be considered concluded only with the shipment of the ordered products.
The sales contract and the order summary are drawn up in Italian.
3) Payment and refund methods
The Purchaser may pay for the products ordered and the relative shipping costs by Credit Card, PayPal, bank transfer.
Credit Card – The circuits on which it is possible to purchase on the Site are Visa, Mastercard, American Express (only in Italy).
Paypal – Once the order has been confirmed, the Purchaser will be redirected to the PayPal site where he can pay with his account or using a credit card or in any case according to the methods accepted by PayPal and in compliance with the relative conditions.
Bank transfer – The Purchaser shall make the bank transfer within 3 working days from the date of the order. If this does not occur, the order will be cancelled. The Purchaser who has not made the bank transfer may be contacted by Customer Services in order to clarify the reason for non-payment. For payment by bank transfer, the order will be processed upon actual receipt of payment.
The details for the bank transfer shall be communicated to the Purchaser with the order confirmation; the bank transfer shall explicitly indicate the order number, which can be found in the confirmation email (e.g. “Order n.123456”).
Credit card information is handled directly by PayPal; PayPal data is handled directly by PayPal. The information is encrypted using encryption systems that prevent it from being used by third parties and is sent directly to the bank. The Supplier reserves the right to make a request to the bank issuing the card to verify the genuineness of the card ownership or to PayPal in the event of problems. Any reimbursement to the Purchaser, if the latter is entitled to it, will be credited by cancellation of the payment by credit card, PayPal or bank transfer, within a maximum of 30 days from the date on which the Supplier became aware of the cause generating the right to reimbursement.
4) Delivery times and methods
The Supplier will deliver the ordered products through the GLS courier or, if necessary, through other couriers. Except in case of force majeure or unforeseeable circumstances, the ordered Products will be delivered in Italy within a maximum term of 5 (five) working days starting from the day after the day in which Peccati di Capri International Srl has confirmed the order to the Customer through a specific order confirmation email. In case the Supplier is not able to deliver the goods within the above mentioned term, the Purchaser will be promptly informed by e-mail, with an indication of the term within which the order will be processed. Delivery times may vary depending on the country of destination and other factors beyond the Supplier’s direct control. In the case of payment by bank transfer, the delivery time will start from the date of receipt of the credit.
For further information on Delivery times and Shipments, please see the “Shipments” section at the bottom of the blucapricioccolato.it website.
5) Shipping and delivery costs
The Supplier ships on a DDP (Delivery Duty Paid) basis, so the goods will be delivered without further charge.
The www.blucapricioccolato.it website delivers to over 190 countries worldwide. Check the drop-down menu on the payment page to see if you can ship to the country of your interest.
Deliveries to some countries (including Ukraine) may be subject to payment of customs duties by the final recipient.
For further information, consult the “Shipping” section on the website.
6) Prices
All sales prices of the products displayed and indicated on this website constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code and are inclusive of VAT and all other taxes. Shipping costs will be indicated and calculated in the purchase procedure prior to payment of the order by the Purchaser and also contained in the web page summarising the order placed. The prices indicated in correspondence with each of the goods offered to the public are valid until the moment in which the order is placed and indicated on the order summary web page. Therefore, the prices and conditions may be changed by the Supplier at any time, and for the Purchaser what appears on the order summary web page will be considered valid.
7) Availability of the products
Through the telematic system used, the Supplier guarantees the processing and execution of orders within the terms provided for in the contract, except in the event of force majeure or unforeseeable circumstances. If the product is not available in the warehouse, the Customer Service will promptly notify the Purchaser, who will have the right to confirm (possibly with other available products) or request cancellation of the order.
8) Limitations of liability
The Supplier accepts no responsibility for inefficiencies attributable to force majeure or for inefficiencies or malfunctions related to the use of the Internet outside of its own control or that of its sub-suppliers.
The Supplier shall not be liable to the Purchaser, except in the event of wilful misconduct or gross negligence.
Furthermore, the Supplier shall not be liable for damages, losses and costs incurred by the Purchaser as a result of the non-performance of the contract for reasons not attributable to him, the Purchaser being entitled only to a full refund of the price paid.
The Supplier assumes no responsibility for any fraudulent or illegal use that may be made by third parties, of credit cards at the time of payment of the products purchased if it demonstrates that it has taken all the precautions applicable at the time of the transaction.
9) Warranty and assistance modalities
The Supplier is liable for any ascertained defect or fault in the product and attributable to him provided that such defect or fault has been reported by registered letter with advice of delivery to Peccati di Capri International Srl Fabbrica di Cioccolato e Affini Vico dei Castagna 14R 16123 Genova (GE), or reported by e-mail to sales@blucapricioccolato.com within eight days from delivery, indicating the product batch and the fault found.
10) Obligations of the Purchaser
The Purchaser undertakes to pay the price of the goods purchased in the time and manner indicated in the Contract. The Purchaser undertakes, after the conclusion of the online purchase procedure, to print and keep the web page containing the order data. The information contained in this contract has, moreover, already been viewed and accepted by the Purchaser, who acknowledges this, since at the time the order is finalised, the link to this section is always present at the bottom of the page.
11) Modalities for archiving the contract
In accordance with art. 12 of Legislative Decree 70/03, the Supplier informs the Purchaser that every order transmitted to Peccati di Capri International Srl is stored in digital form on the server where the site resides according to criteria of confidentiality and security.
12) Communications and complaints
Written communications addressed to the Supplier and any complaints will be considered valid only if sent to the address Peccati di Capri International Srl Fabbrica di Cioccolato e Affini Vico dei Castagna 14R 16123 Genova (GE) or sent by e-mail to sales@blucapricioccolato.com.
The Purchaser indicates in the registration form his residence and domicile, the telephone number and the e-mail address to which he wishes the Supplier’s communications to be sent.
13) Settlement of disputes and applicable law
The sales contract between the Customer and Peccati di Capri International Srl is concluded in Italy and regulated by Italian Law. For the solution of disputes relating to the interpretation, execution or termination of these General Conditions or of single purchase orders, if the Customer is a consumer according to the Consumer Code, the exclusive competent court shall be the one of his town of residence or domicile if located in the Italian territory; in all other cases, the territorial competence is exclusively that of the Court of Genoa, any other competent court excluded.
14) Duration and effectiveness of the contractual conditions
Confirmation of the order implies the Purchaser’s acceptance of these general conditions, which may be updated or modified directly by transcribing the new regulation on this site. The modification or update will be valid and effective for orders that have not yet been processed and for which the web page summarising the order data has not yet been displayed.
15) Right of withdrawal
The purchaser has the right to withdraw from the contract concluded with the Seller, without any penalty and without specifying the reason, within 14 days from the day of receipt of the products purchased on www.blucapricioccolato.it.
In order to withdraw from the contract, the purchaser may use the return form (which conforms to the standard form pursuant to Article 49, paragraph 4 of the Consumer Code) to be filled in and sent to the Vendor at the e-mail address sales@blucapricioccolato.com or draw up and send to the Vendor another explicit declaration of his decision to withdraw from the contract.
After exercising the right of withdrawal, the Buyer shall return the products to the Seller within 14 days from the date of communication to the Seller of his decision to withdraw from the contract.
In the event that the purchaser decides to use a shipping method other than that indicated by the seller (courier), the shipping costs shall be borne by the purchaser, as well as the responsibility in case of loss of or damage to the products during transport.
The right of withdrawal, in addition to compliance with the terms and conditions described above, is understood to be exercised correctly if the following conditions are also met:
– Transmission of the return form or other explicit declaration of one’s intention to withdraw from the contract within the terms provided for by these general conditions of sale;
– The products must be returned in their original packaging, undamaged and sealed;
If the right of withdrawal is exercised in the manner provided, the Seller shall make the necessary checks on the conformity of the returned products and shall refund the amount due within 14 days from the date on which the Seller has returned the goods;
The Seller shall make the refund using the same means of payment used by the Purchaser to purchase the returned products, unless otherwise agreed between the parties.
If the procedures and terms for exercising the right of withdrawal are not respected, the Purchaser shall not be entitled to a refund of the sums already paid to the Seller.
The right applies to the Product purchased in its entirety; therefore, if the Product is composed of several components or parts, it is not possible to exercise the right to withdraw only on part of the Product purchased.
In addition to the cases indicated above (non-consumer customer and/or customer requesting an 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 customised;
– order of Products that are likely to deteriorate or expire rapidly;
– orders for sealed Products that are not suitable to be returned for hygienic or health protection reasons or that 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 among the Products that “risk deteriorating or expiring rapidly” are all food products (including wines, spirits and beverages) as the characteristics and qualities of these types of Products are subject to alteration also as a result of inappropriate storage. Therefore, for hygienic reasons and for the protection of the Customers, the right of withdrawal is applicable only to the Products purchased on the Site that can be returned to Peccati di Capri International Srl and put back on the market without any risk for the consumers’ health.
In cases of exclusion of the right of withdrawal, Peccati di Capri International Srl will return to the Customer the purchased Products, charging to the same the shipping costs.
16) Information on the products
The information and the characteristics related to the Products are available, with the relevant Product codes, on the Site.
The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description card. It is understood that the image of the Products has the sole purpose of presenting them for sale and may not be perfectly representative of their characteristics and quality but may differ in colour and size. In the event of a difference between the image and the written product sheet, the description on the product sheet shall always be deemed authentic.
The purchaser, by concluding the online purchase procedure, declares that he has read the ingredients and allergens.
17) Product invoicing
If the purchase is made by a VAT subject, it will be possible to request the issue of an invoice by selecting the appropriate box during the order process and entering the billing information including tax code and/or VAT number. In this case, the invoice will be sent by email to the address indicated. The Purchaser is responsible for the correct insertion of the invoicing data and is expressly informed that, if the invoice is not requested during the order process, it will not be possible to request it later.
