Terms and Conditions of Sale
TERMS OF USE AND GENERAL TERMS OF SALE
(The following clauses/terms may be printed or saved by the customer)
SUPPLIER DETAILS
The goods and services listed on the website italiqa.it, subject to these terms of use and general terms of sale, are the property of Italiga Srl, a capital company with its legal headquarters at Via Ludovico Ariosto 15/a, 40026 Imola (BO) and operational at Via Ravegnana, 29/B, 48018 Faenza (RA). Italiga Srl is registered with the Bologna Chamber of Commerce with VAT/Tax ID 04119361204, phone 331 1358408, hereinafter referred to as “supplier”.
Certified email address (PEC): italiqa@pec.it
Acceptance of Terms of Use and General Terms of Sale
By using the italiqa.it website, you agree to these terms of use and general contract terms; therefore, if you do not agree with all or part of these terms, Italiqa Srl invites you not to use the site and not to download any materials from it.
TERMS OF USE
Site Content and Services
Italiqa Srl makes every effort to ensure the functionality of the italiqa.it website (hereinafter referred to as the “site”) and all services provided through the site. By using the site and/or such services (including, but not limited to, creating your account), you are required to comply with the rules of use for these services.
GENERAL TERMS OF SALE – PUBLIC OFFER
Pursuant to Article 1336 of the Civil Code
1)Definitions
The term “electronic commerce contract” refers to the contract concerning goods and/or services entered into between the supplier or e-commerce site manager and the customer, including consumers, within the framework of a distance selling system organized by the supplier, which uses exclusively one or more electronic communication methods.
The term “buyer” refers to the customer (VAT liable subject), a natural person consumer, i.e., a private individual purchasing for non-commercial or non-professional purposes.
The term “supplier” or e-commerce site manager refers to the entity indicated above, Italiga Srl, which sells the goods or provides the services listed on the italiqa.it website.
2) Object of the Contract
Through this electronic commerce contract, the supplier sells and the buyer purchases, via electronic means, the goods and services listed on the italiqa.it website.
The goods and services mentioned above are available on the italiqa.it website, which contains the catalog of offered goods and services.
This contract is valid exclusively for purchases and deliveries made within Italy and the European Union.
3) Phases for Conclusion of the Contract
The purchase contract between the seller and the buyer is concluded exclusively via electronic means; the buyer must formalize acceptance of the purchase of goods/services provided on the site in the following manner:
- Register on the site by creating an account (with a username and password, or by providing billing information without creating an account).
- Complete the form attached to the online catalog at italiqa.it, containing the acceptance form and consent to purchase, expressed by agreeing to the terms.
- Submit the form, after reviewing a summary page of the order, which includes the buyer’s details, order details, product prices, shipping fees, any additional costs, payment methods, delivery address, delivery time, and information regarding the right of withdrawal.
- When the supplier receives the buyer’s order acceptance, an email confirmation or a confirmation web page with a printable order summary will be sent, containing all the aforementioned details.
- Once the payment for the goods/services is received, the supplier will issue the relevant fiscal document as required by applicable laws.
4) Buyer’s Obligation to Verify Labeling and Information
The products are accurately depicted on the site, reflecting their actual characteristics; images, descriptions, and mandatory information for each product are constantly updated.
However, Italiqa Srl disclaims any responsibility for graphic discrepancies between the products shown on the site and those actually delivered.
The buyer is urged and required to carefully inspect the goods received, particularly regarding labeling (ingredients, allergens, origin, expiration date, weight/size, etc.) and any other element that was decisive in the purchase decision.
In the event of damage (e.g., dents, different number of parcels, partial opening of the package, or any other obvious damage to the delivered product), the buyer should accept the goods from the carrier with reservation, explicitly stating “I accept the goods with reservation” at the time of signing for the delivery and request written confirmation of the discrepancies observed.
Failure to do so will result in the loss of the right to replacement, refund, or contract termination.
5) Return Procedure
If the consumer identifies a defect in the conformity of the goods received, pursuant to Article 129 of the Consumer Code, in addition to the provisions above, the consumer must immediately notify the seller by email at info@italiqa.it and make the goods available to the supplier.
In case of defects and/or discrepancies (communicated to the supplier as described above), the supplier reserves the right to collect the non-compliant goods at its own expense and perform the necessary checks to resolve the situation in accordance with applicable laws.
The consumer may obtain, at the supplier’s discretion: 1) a refund of the price and any additional costs incurred for the non-compliant product; or 2) a gift voucher equal to the amount spent, to be used within 365 days from the date the defect was communicated.
6) Payment Methods
Payments for goods and services purchased by the buyer can only be made using the methods specified on the dedicated page of the supplier’s website.
Using the payment methods above may incur additional charges to the buyer only if such costs are borne by the supplier (depending on the payment method used by the buyer).
Before submitting the purchase order, any such costs will be clearly displayed.
7) Refund Method
Any refund to the buyer will be credited using one of the methods proposed by the supplier and chosen by the buyer (except for cash on delivery), or the least expensive method for the supplier. Refunds will be processed promptly, and in the case of exercising the right of withdrawal, within 14 (fourteen) days from the date the supplier is informed of the withdrawal.
8) Shipping
The supplier will deliver the goods ordered and purchased by the buyer via courier.
Goods are considered correctly delivered by Italiqa SRL, whether shipped directly to the buyer or to a person designated by the buyer, or to a facility indicated by the buyer for delivery. Upon delivery in the manner described above, the supplier is no longer responsible for any damage and/or deterioration or other losses suffered by the goods after delivery.
We recommend combining your items into a single order. We cannot combine two separate orders placed separately, so shipping fees will be charged for each order.
The boxes are adequately sized, and your items will be well protected.
8.1) Express Delivery in Italy
Shipping is handled with Express Delivery. Delivery costs will be displayed directly at checkout (in Euros, including VAT), before confirming the order.
8.2) Express Delivery Abroad
Shipping costs will be displayed directly at checkout (in Euros, including VAT), before confirming the order.
9) Shipping of Fresh Food Products
Orders placed on italiqa.it are shipped with express couriers.
The packaging used to deliver our products is designed for food transport and ensures proper preservation.
With refrigerated carriers, we guarantee the maintenance of the cold chain (0-4°C) until the order is delivered to the customer, regardless of the delivery time or external temperature.
With regular carriers, the packaging will include refrigerated bags and ice packs, ensuring the cold chain (0-4°C) for two days.
10) Prices
All sale prices of products displayed and listed on the italiqa.it website are expressed in euros and constitute a public offer pursuant to Article 1336 of the Civil Code.
Prices include VAT and any applicable taxes; shipping costs and any additional fees, if present, are not included in the purchase price but will be indicated and calculated by the supplier during the checkout process, before the buyer submits the order and also in the order summary web page.
The prices listed for each product offered to the public are regularly updated on the italiqa.it website, where the current validity or changes can be verified.
11) Product Availability
The supplier ensures, via the telematic system, the use, processing, and fulfillment of orders without delay.
To this end, the online catalog is updated in real-time to reflect available and unavailable products.
However, there may be technical delays in updating the online catalog, which could result in discrepancies between actual stock availability and the content on the site. This is a situation that cannot be avoided based on common experience and the technical knowledge typically used by professionals in the industry.
If an order exceeds the available stock, the supplier will inform the buyer via email or other means (including phone) that the product is no longer available for reservation or will provide an estimated wait time for delivery, asking whether the buyer wishes to confirm the order.
The supplier’s system will confirm the registration of the order and send the buyer an email, as per Article 3 above.
12) Limitation of Liability
The supplier assumes no responsibility for disruptions caused by force majeure.
The supplier will also not be responsible for any damages, losses, or costs incurred by the buyer as a result of the non-fulfillment of the contract due to reasons not attributable to the supplier.
In case of non-fulfillment of the contract due to reasons attributable to the supplier, the buyer is entitled only to a full refund of the price paid and any additional costs incurred, with the express exclusion of any other claim for damages.
The supplier is not liable for any fraudulent or illegal use of credit cards or other payment methods by third parties during the payment of purchased products, as the supplier declares that it adopts all necessary precautions based on ordinary diligence and the best practices and knowledge available.
13) Fault of the Damaged Party
In cases of contributory negligence by the damaged party and/or the buyer, compensation is assessed according to the provisions of Article 1227 of the Civil Code.
Compensation is not due when the damaged party and/or the buyer was aware of the product defect or could have been aware by exercising ordinary diligence and recognizing the danger, and nevertheless voluntarily exposed themselves to it.
14) Buyer’s Obligations
The buyer agrees to review and accept these general terms of sale.
The buyer agrees to pay the price of the purchased goods within the time and in the manner specified in the contract.
The buyer agrees, once the online purchase procedure is completed, to print and keep a copy of this contract, should they deem it necessary.
The buyer agrees to update their information to ensure the correct completion of the contract.
By concluding the contract, the buyer declares that they have reviewed and accepted the general terms and conditions of sale, as well as the terms of use, acknowledging them conclusively, as this step is required before confirming the purchase.
15) Right of Withdrawal and Return Procedure
The right of withdrawal is excluded from the Consumer Code under Article 59 in specific cases, in particular, for the supply of goods that may deteriorate or expire quickly, such as fresh products.
16) Contract Archiving Methods
The supplier informs the buyer that this contract can be printed or stored on the buyer’s own devices.
17) Communications and Complaints
Written communications to the supplier and any complaints will be considered valid if sent to the following email address: info@italiqa.it or by registered mail with return receipt to Italiqa Srl, Via Ludovico Ariosto 15/a, 40026 Imola (BO), or transmitted via certified email (PEC) to italiqa@pec.it.
18) Jurisdiction and Applicable Law
The competent court is the one in Bologna, the legal headquarters of the creditor-supplier.
Only if the customer is a private consumer, not a VAT holder or legal entity (as per the Consumer Code), can they invoke their place of residence in case of a dispute.
This contract is governed by Italian law and must be interpreted in accordance with it.