General conditions

GENERAL CONDITIONS

This website www.carolinastore.it is owned by the company Molise Food srl, with registered office in Via Conte Verde, 1 - Campobasso (CB) 86100, tax code 01740410707 and registered in the Campobasso Company Register.

The Shop Site www.carolinastore.it is dedicated to consumers, with the express exclusion of any professional Customer.

The provision of data necessary for the execution of commercial transactions, as per the Privacy Policy, is necessary in order to proceed with the purchase of the Products for sale.

Before each purchase, the Customer must carefully read the conditions below, keeping a copy on paper or digital support.

For the purposes of these conditions of sale, the following are meant:

– Product or Products: One or more of the products promoted and available for purchase/order on the website www.carolinastore.it;

– Customer: The purchasing user of one or more Products available for purchase/order on the Website www.carolinastore.it;

– Seller: Molise Food srl , with headquarters in Via Conte Verde, 1 - Campobasso (CB) 86100, VAT number 01740410707

– Website: the website www.carolinastore.it. The Seller is in no way responsible for the purchase of Products or services on other sites;

– Order: the order of the Product or Products, placed by the Customer on the Site.

1. Scope

Each purchase order via the internet is governed by these General Conditions of Sale, formulated in accordance with current legislation on contracts concluded away from business premises.

By submitting an Order, you declare that you have read, understood and accepted these General Conditions of Sale.

By placing an Order, the Customer declares: 1) to be a consumer in accordance with the provisions of art. 3 Legislative Decree 206/05; 2) to be of age; 3) that the data supplied by the same for the execution of the Contract are correct and truthful; 4) to have read all the information provided to him during the purchase procedure, and to fully accept the general and payment conditions indicated in the purchase procedure.

The Seller reserves the right to modify these General Conditions of Sale at any time by publishing a new version on this Website. The conditions applicable to the individual Order are those published on the Site at the time the Order is placed.

2. Order procedure and conclusion of the contract

The Customer will be able to choose the Products available within the assortment offered by the Site.

The Products selected by the user, via the " Add to Cart " button, will be included in a virtual cart, and will be viewable via the " Cart " link on the top right bar of the Site.

The Products chosen by the Customer will be displayed inside the cart; by clicking on the " Checkout " button, the Site will start the procedure for entering the Order proposal in the Seller's system.

In this phase, the Customer will be able to view the quantities, final prices, contact details and any other relevant information, and to enter the personal and credit card details needed to complete the purchase. The Order sent by the Customer via the Site must be complete in all its parts and does not bind the Seller until the latter sends a confirmation via e-mail. The Order confirmation will contain a summary of the Products purchased, the relative prices, the date of delivery and the general and particular conditions applicable to the Order itself. The Seller reserves the right, at its own discretion, to refuse the execution of some orders, especially (but not limited to) in the case of unpaid precedents and unpaid invoices. In the event of non-acceptance of the Order, for any reason, the Seller guarantees timely notification to the Customer (in any case within 30 days of the Order) by the appropriate means.

3. Products - Assortment - Availability of Products

The Products that can be purchased and/or ordered are those displayed on the Site, available at the time of the Order.

The Seller also reserves the right to change, by eliminating or adding Products, the choice of Products displayed on the Site at its sole discretion.

The Seller cannot be held responsible for the temporary or permanent unavailability of one or more Products. In the event that execution of the Order is not possible due to unavailability of one or more Products, the Seller will inform the Customer in writing within 30 days. The sending of the Order request is in any case valid as prior acceptance by the Customer of even partial delivery of the Order, limited to the Products available within those ordered. Obviously, no sum will be charged for unavailable Products and in the event that such unavailability emerges after payment, the Seller will promptly pay the sums paid in excess for this reason by the Customer, unless the Product subsequently becomes available in the warehouse and the Customer prefers to opt for a deferred delivery of the same.

4. Prices and charges to be paid by the purchaser

The applicable prices for the Products ordered are those appearing on the Site on the date the Order is sent and are to be considered VAT included. Any promotional offers relating to the Products displayed will be appropriately highlighted on the Site. However, shipping costs are not included, which will be those indicated on the Site at the time the Order is placed and which will vary according to the place of shipment, the weight/size of the package , as well as the entity of the Order.

Any promotions relating to delivery costs will in any case be highlighted on the Site from time to time. The payment of any customs duties, taxes, duties and border charges will be the sole responsibility of the buyer. If the calculation of customs duties, taxes, duties and border charges cannot be made at the time of purchase, the relative payment will in any case be charged to the Customer. The Seller, therefore, cannot be held responsible for non-delivery of the purchased Product, where the same is due to non-payment of customs duties, taxes, duties and border charges.

5. Payments

At the time of forwarding the Order proposal, the Customer will pay the relative amount by Credit Card (among those indicated on the Site). Payment can only be made using a single type of card that covers the full amount of the purchase. Your credit card details will be encrypted during transactions for security reasons. The Seller reserves the right to ask the Customer for additional information (e.g. landline telephone number) or to send copies of documents proving ownership of the Card used. In the absence of the required documentation, the Seller reserves the right not to accept the Order. No computer archive of the Seller will keep such data. Under no circumstances can the Seller therefore be held responsible for any fraudulent or unlawful use of credit cards by third parties, upon payment for products purchased on the Site. The issuance of the invoice is subject to a specific request by the Customer made to the time of the Order by filling in the appropriate field. Invoices will be issued exclusively in electronic format.

In the event of non-acceptance of the Order, the Seller will promptly issue the full refund of the amounts advanced by the customers.

Unless otherwise agreed with the Customer, in the event of cancellation of the Order, both by the Customer and in the event of non-acceptance of the same by the Seller, the latter will simultaneously request the cancellation of the transaction and the release of the amount committed to the credit card. The release times, for some types of cards, depend exclusively on the banking system and can reach their natural expiry (24th day from the authorization date). Once the transaction has been canceled, in no case can the Seller be held responsible for any direct or indirect damages caused by delay in the failure to release the committed amount by the banking system.

6. Delivery and Shipping

The Seller reserves the right to refuse or not to execute Orders that provide for delivery to places not served by its carrier or in any case in territories not included among those served, without prejudice to the right to a refund of any amounts already paid. For deliveries, the Seller will make use of personally selected carriers.

The Seller will not be responsible for failed or delayed delivery in the event that: (a) it is unable to make up for the unavailability of the Products, due to circumstances beyond its control and (b) it has promptly notified the Customer of the unavailability of the Products .

The Seller will not be responsible for failed or delayed delivery due to force majeure, such as, by way of example, strikes, provisions of the Public Authority.

The Seller will promptly notify the Customer of the occurrence and disappearance of a cause of force majeure. If the cause of force majeure persists for a period exceeding Thirty (30) days, each of the parties will have the right to withdraw from the contract. In the event of withdrawal pursuant to the above clause, the Customer will not be entitled to any indemnity or compensation for any reason, without prejudice to the right to a refund of any amount already paid, by way of price, for the Product object of the Order , within Thirty (30) days of sending the Order.

Unless otherwise specified on the Site or at the time of Order confirmation, the delivery times for the purchased Product (if available in stock) are 5 working days from the date of the Order (if the shipment is made to one of the countries belonging to the European Union) or 12 working days in case of international delivery. However, these delivery times must be considered indicative and the Seller cannot in any case be held responsible for any delays.

By continuing with the purchase and, consequently, by accepting the general terms and conditions of sale, the Customer waives any and all complaints, questions or requests relating to any delay in the delivery of the purchased Product.

7. Failure to deliver

If the customer is not available to collect the Product, the carrier may leave a notice with instructions for returning or collecting the shipped Product. The Customer relieves the Seller from any liability deriving from the failure to return or collect the Product, even if due to the failure to issue the notice or, in any case, to the negligence of the Customer.

In the event that the delivery is not successful due to a fact attributable to the Customer (or because it is not possible to carry out the delivery to the place indicated at the time of the Order confirmation, or because the Customer or the person appointed by him does not have a valid or large credit, or is unable to pay by credit card) the Order will be considered canceled and as a penalty the Customer will be charged for the cost of delivery and that of the Products that cannot be further marketed.

8. Right of withdrawal

The right of withdrawal applies only to natural persons (consumers pursuant to article 3, paragraph 1, letter a) of Legislative Decree 205/2006) who act for purposes that can be considered unrelated to their commercial activity. Therefore, purchases made by subjects with a VAT number (such as, for example professionals, companies, resellers, etc.) are excluded from the right of withdrawal.

Pursuant to art. 52 of Legislative Decree 206/2005, the Customer who is a consumer, as defined above, has the right to withdraw from the contract, even partially, without any penalty or additional costs and without having to specify the reason, provided that the withdrawal is communicated by registered mail. /R to the Seller, within 14 days from the day of receipt of the Products. This communication can also take place within the same term by email info@carolinastore.it. This communication must specify the intention to withdraw from the purchase and the Product or Products for which it intends to exercise the right of withdrawal, attaching a copy of the receipt or purchase invoice.

The Customer must return the Product at his own expense by sending it to the Seller without delay and in any case within 14 days of communicating his intention to withdraw from the contract.

If the withdrawal is exercised in accordance with the methods described, the Seller Srl will refund the Customer the amount paid for the purchase of the Product, minus the delivery costs, within 14 days from the date on which he became aware of the exercise of the right of withdrawal by the Customer.

The cost of returning the product will be charged to the customer.

Finally, it should be noted that, in compliance with the provisions of art. 59 Legislative Decree 206/2005, the right of withdrawal is not permitted in the case of made-to-measure or personalized goods.

We will not accept the return of those Products that are not in the same condition in which they were received, or that have been used beyond the simple opening of the Product.

In particular, the Customer loses the right of withdrawal if the returned goods (packaging - if not repairable - and its contents) are not intact, as well as in cases where the Seller ascertains even just one of the following circumstances:

· The non-diligent use of the asset which has compromised its integrity, or the use of any consumables related to the product;

· The lack of the external packaging and/or the original internal packaging;

· The absence of integral elements of the product (accessories, parts, etc.);

· Damage to the product for reasons other than its transport, including partial or total tampering with the product or parts of it.

In the event of forfeiture of the right of withdrawal, the goods will remain at the Seller's premises, available to the Customer for collection at his expense.

NO REFUNDS WILL BE MADE IF THE RETURNED PACKAGE DOES NOT CONTAIN THE PURCHASE RECEIPT

9. Responsibility - Defective/non-compliant products - Legal guarantee

Where relevant, the products processed by the Site are covered by the manufacturer's standard guarantee and by the 24-month guarantee for lack of conformity, pursuant to art. 128 ss Legislative Decree. 206/05.

To take advantage of the guarantee, the Customer must keep the proof of payment that he will receive at the time of purchase.

The Seller guarantees that the Products delivered comply with the contract and have been manufactured in accordance with the sector legislation in force.

It is the Customer's responsibility to check the quantity and good condition of the goods at the time of delivery, immediately highlighting any irregularities to the carrier.

Upon delivery of the goods by the courier, in particular, the Customer is invited and in any case required to check:

· That the number of packages actually delivered corresponds to that indicated in the transport document;

· That the packaging of the packages is intact in all its parts, not damaged or compromised by atmospheric events or otherwise altered.

Any finding of damage to the packaging and/or the product or the mismatch in the number of packages or indications must be immediately contested, placing a written control reserve (specifying the reason for the reserve, e.g. "laundry packaging", "crushed packaging", etc.) on the courier's proof of delivery. Once the courier's document has been signed, the Customer will not be able to make any objection regarding the external characteristics of what has been delivered.

In the event that the Customer deems that the Product does not conform to what was ordered and/or purchased, or is faulty, he must immediately contact the Seller, sending a registered letter. A / R at Molise Food srl Via Conte Verde, 1 - Campobasso (CB) 86100 to the e-mail info@carolinastore.it.

The Customer must then arrange for the return of the Product according to the methods set out in the following art. 10 "Returns".

The Seller will proceed to examine the returned Product, communicating by e-mail or telephone within a reasonable time, if the Product will be returned or replaced (depending on the case), or alternatively, the price reduction or termination of the contract.

The repair or replacement of the item will be carried out as soon as possible and, in any case, within 30 days following the date on which an e-mail will be sent to the Customer confirming that the non-compliant Product will be returned or replaced.

It is understood that, once the lack of conformity has been ascertained, the Seller will reimburse all expenses incurred by the Customer for the return of the Product. A minor lack of conformity for which it is not possible or would be excessively onerous to carry out the remedies of repair or replacement, does not in any case give the right to terminate the contract.

10. Returns and Refunds

In the event of exercising the right of withdrawal from the Contract within the term referred to in the previous article 8, or in the event of complained defects/non-compliance of the Product referred to in the previous article 9, the Customer may return the Product by delivering it to a courier and/or at its own expense, which in the event of a return due to non-compliance/defectiveness of the Product will subsequently be reimbursed if the existence of the defect is ascertained and an intervention is carried out under warranty.

The following rules must be observed for all returns by end users unless otherwise indicated by the Seller:

· The shipping costs for the units sent by the Customer to the Seller are charged to the Customer (except for the subsequent refund in the case of intervention under warranty as specified in the first paragraph);

· The Customer can send the Product to the Seller using a courier of his choice. We recommend that you use a method that allows you to track your shipment. In fact, the Seller is not responsible for shipments for which the courier cannot provide proof of delivery, remaining the shipment under the complete responsibility of the Customer until the confirmation of receipt by the Seller;

· The Seller is not liable in any way for damage or theft/loss of goods returned by uninsured shipments; in the event of damage to the goods during transport, the Seller will notify the Customer of the incident, to allow him to promptly file a complaint against the courier chosen by him and obtain reimbursement of the value of the goods. In this case, the product will be made available to the customer for its return, simultaneously canceling the request for withdrawal.

· If the Product is covered by warranty, the shipping costs from the Seller to the Customer, for repaired or replaced Products, are charged to the Seller;

· In all other cases, all costs and customs duties for the shipment of material sent to and received by the Seller are charged to the Customer;

· The Seller is not responsible for any loss or damage occurred in shipment. It is therefore advisable to insure the shipment;

· Shipments with costs to be paid by the recipient will not be accepted without prior authorization from the Seller. Shipments received by the Seller with costs to be paid by the recipient will be returned (not repaired) with all costs, including return shipping costs, paid by the Customer.

Against the communication of withdrawal exercised according to the terms of art. 8, or upon receipt of a claim for a defective/non-compliant product pursuant to art. 9, the Seller will contact the Customer within the following 48 hours, also communicating the address to which the Product must be returned and which, unless otherwise indicated, will be as follows:

Molise Food srl - Via Conte Verde, 1 - Campobasso (CB) 86100

We will not proceed with the return of those Products that are not in the same condition in which they were received, or that have been used beyond the simple opening of the Product.

11. Customs regulations

In case of deliveries outside the national territory, the Customer will be subject to compliance with the laws and regulations in force in the country of shipment and possibly also to the payment of additional customs clearance costs entirely at his expense and of which, given the diversity of national regulations , it is not always possible to know the extent in advance.

To this end, the Customer must contact the competent Customs Office. However, without prejudice to the provisions of art. 4 "Prices and charges to be paid by the purchaser".

12. Applicable law and jurisdiction

This contract is regulated by the Italian law. For any dispute that may arise in relation to the application, interpretation and execution of these general conditions, the Court of Campobasso - Italy will have exclusive jurisdiction, where this jurisdiction is not exceeded, in favor of the judge of the place where the Customer your residence or domicile - if located in the Italian Territory, pursuant to Legislative Decree 206/05.