These general terms and conditions of sale (hereinafter, “Terms and Conditions”) apply to the sale of products and services through the website www.qualeatalian.com (hereinafter, the Website) under the Italian law d.lgs 206/2005 and following integrations (hereinafter, the “Consumer code”).
The seller of the products and the owner of the Website is: Qualeatalian Srls, with registered office in Via Nuova Chiunzi 42/B, 84010 Maiori (SA) – Italy – VAT number 05555810653 (hereinafter, “Qualeatalian”).
The customer who uses this Website to purchase products or services (hereinafter, “Customer”) before sending the order shall carefully read these General Terms and Conditions which will be accessible at any time by the same Customer, also through the link included in the confirmation email of each order to enable their reproduction and storing.
The agreement entered into with Qualeatalian through this Website is governed by these Terms and Conditions in accordance with the Italian law. English is the language used to enter into the agreement.
The features and the price of the products sold on the Website (hereinafter, “Product” or “Products”) are shown on the page relevant to each Product.
By submitting an order from the Website, which has the value of a contractual offer, the Customer acknowledges and declares to have read all the information provided during the purchase procedure and to accept these Terms and Conditions and the applicable terms of payment.
The agreement entered into between Qualeatalian and the Customer shall be considered as concluded once Qualeatalian has accepted the order. This acceptance is communicated to the Customer via an order confirmation email containing a reference to these General Terms and Conditions, the order number, the shipping and billing data, the list of ordered Products with their essential characteristics and the total price, including delivery charges. The Customer shall check the confirmation email and if he/she finds mistakes in the order, he/she shall have 12 hours from the receipt of such email to contact the Customer Service directly from the Website using the special contact form, accessible in the section “Contact”. After this deadline, the order shall be processed for shipment and further changes will no longer be accepted, without prejudice to the Customer's rights under section 7 below.
Once the order has been received, Qualeatalian shall check the availability of the stocks for the fulfilment of the order. In the event that one or more of the Products are not available, the Customer Service of Qualeatalian shall timely send an email to the Customer who, within the next 12 hours, will have the right to reply in order to confirm the shipment of the Products available or cancel it. If the Customer will not reply within this time limit, the order shall be considered as confirmed and the available Products shall be shipped. In this latter case the full amount relating to missing Products shall be reversed or, depending on the chosen payment method, will not be charged to the Customer.
The Products information and features are available, with their related Product codes, on the Website.
The graphic representation of the Products on the Website, if available, normally corresponds to the photographic image shown together with the product description. 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 qualities but may differ in colour and size. In case of a difference between the image and the product description, the description shall prevail.
The Logistics Company DHL that guarantees a delivery time between 24 and 48 hours for European destinations delivers our goods. For these reasons, our products will be shipped mainly from Monday to Wednesday in order to guarantee freshness of our foodstuffs and promptness of our parcels. In case of bank holidays, orders will be despatched only when there are two consecutively working days (48 hours).
Our products are shipped into a high quality corrugated cardboard box. For items contained in glass packaging (e.g. Extra-virgin olive oil), we use ad hoc Styrofoam or cardboard boxes which guarantee integrity to all items within the parcel. Temperature-sensitive goods will be shipped into a temperature-controlled box for food where is placed a frozen gel pack per each side to keep cool the product for the entire shipment. All parcels will be sealed by our warranty sticker, which is recommended to check its integrity to ensure that no tampering are made during the shipment.
Customer may pay Products and delivery costs by Credit Card, PayPal and bank transfer.
The circuits on which it is possible to buy on the Website are:
- Visa/Visa Electron
- American Express
- Diners Club International
In order to guarantee the maximum security, the Customer shall carry out the payment transaction directly on the secure server of the bank.
The Website does not store the credit card number of the Customer, but thanks to the secure communication system of the bank of reference, from the second purchase, the Customer who so wishes - through the selection of the appropriate option - shall be able to proceed with the purchase without re-entering his/her data. The bank of reference uses the SSL protocol to encrypt the transmitted data between its server and the Customer's browser.
Once the order is confirmed, the Customer shall be redirected to PayPal's website where he/she may carry out the payment with his/her account or by using a card, also a prepaid one, or also in the manner accepted by Paypal and in compliance with the relevant conditions.
Customer will have to process their bank transfer within 3 days after products order placement and within 1 day after events/courses order placement. Should this not take place, customer’s order will be cancelled while products, events and course will be once again made available for purchase upon other customers. Customers who fail to wire a bank transfer may be contacted by Customer Service with the aim to find out whether the failure is to be ascribed to Customer’s decision to refrain from purchase or other reasons.
Bank wire transfer information:
c/c: QUALEATALIAN S.R.L.S.
IBAN: IT 47 A 03268 15201 052774662820
Bank: BANCA SELLA – Salerno
Reason for payment: Customer will have to enter their order’s date and number, which can be retrieved in the order confirmation email (i.e. “Order 01/01/17 no. 0001”).
If the purchase is made by a professional it shall be possible to request the issuance of the invoice by selecting the appropriate box during the ordering procedure and entering the billing information including tax code and/or VAT number. In that case, the invoice shall be sent by email to the indicated address. The professional is responsible for the proper entry of the billing data and he/she is expressly informed that if no invoice request is carried out during the ordering, it may not be requested at a later stage.
Products purchased on this Website shall be delivered to the address indicated by the Customer during the purchase procedure in the field “Shipping Information”.
All purchases shall be delivered by express courier (hereinafter, "Courier") from Monday to Friday, except public holidays and national holidays. Qualeatalian is not responsible for unforeseeable delays or those which are not attributable to it.
Once the Products are shipped the Customer shall receive a confirmation email that includes a link for reference for the tracking of the shipment.
However, without prejudice to cases of force majeure or unforeseeable circumstances, the ordered Products shall be delivered within a period of 7 (seven) working days from the day following the day in which Qualeatalian confirmed the order to the Customer through a specific order confirmation email.
The Customer is entitled to cancel his/her order for any reason, without explanation and without any penalty, except for the cases in which the cancellation right is excluded under paragraph IV below. In order to exercise this right, the Customer shall send a notice to Qualeatalian within 14 days from the date of receipt of the Products by using the form (downloadable here) or if he/she intends to exercise the right of cancellation before having received the Products, the notice of cancellation may be sent at any time prior to their receipt.
Such notice shall be sent by registered letter with a return receipt, addressed:
Qualeatalian s.r.l.s. - Returns and refunds
Via Nuova Chiunzi n. 42/B
84010 Maiori (SA)
Upon receipt of the notice Qualeatalian’s Customer Service shall open a file for the management of the returned Products and communicate to the Customer the instructions relevant to the return of the Products, which shall take place through the courier indicated by Qualeatalian itself.
The right of cancellation is subject to the following conditions:
I. The right applies to a Product purchased in its entirety; therefore, if the Product is composed of multiple components or parts the cancellation may not be exercised only on a part of the purchased Product.
II. In case of exercise of the right of cancellation, Qualeatalian shall refund the Customer the full amount of the returned Products including shipping expenses, within 14 days from the date in which the notice of cancellation was received, without prejudice to the right of Qualeatalian to suspend the payment of the reimbursement until the actual receipt of the Products. The reimbursement shall be carried out using the same payment method used by the Customer, unless he/she has specifically requested a different method. For money transfer or cash on delivery payments, Customers are bound to provide the banking information where they want their claim to be refunded (accounts holder, Bank name and address and IBAN).
III. In order to guarantee the free return of Products pursuant to article 8 below, the Products shall be returned in the same box in which they were received.
IV. In addition to the cases indicated in Article 1 above (customer not consumer and/or requiring the invoice), the right of cancellation is excluded in the following cases:
- orders of tailored or clearly personalized Products;
- orders of Products which are likely to deteriorate or expire rapidly;
- orders of sealed Products which are not suitable to be returned for hygienic reasons or connected to the protection of health or that were opened after the delivery.
With reference to the above cases where the cancellation right is excluded, the Customer is aware and agrees that among the Products that “are likely to deteriorate or expire rapidly” are included all food Products (including wines, spirits and beverages). The features and qualities of these types of products are subject to change even as a result of improper storage. Therefore, for reasons of hygiene and the protection of customers, the right of withdrawal is only applicable for products purchased on the website that can be returned to Qualeatalian and put back on the market without endangering the health of consumers (such as canned and dry goods , in unopened packs and with a remaining maturity of at least 90 days following the delivery date).
In the cases of exclusion of the right of withdrawal, Qualeatalian shall return the purchased Products to the Customer, charging the shipping costs to him/her.
Customers bear in full of shipping costs for returning the products in case of exercise of the right of cancellation.
In case of lack of conformity of the products sold by Qualeatalian the Customer shall immediately contact the Customer Service using the appropriate contact form accessible on the Website in the “Customer Care” section.
The sale of Products shall be subject to the legal warranties provided in the articles 129, 130 and 132 of the Consumer Code. The customer is entitled, at his/her option and to the extent that the type of the Product permits so, to a free of charge restoration of the Product’s conformity by repair or replacement, or to an appropriate reduction of the price or to the termination of the agreement. The Customer loses these rights if he/she does not report the lack of conformity to Qualeatalian within two months from the date in which he/she discovered the defect, unless the Product by its nature is perishable or subject to expire in a shorter term, in which case the defect shall be reported within that reduced time.
Information relating to the Ppoducts provided through the Website are constantly updated. However, it is not possible to guarantee the complete absence of errors of which Qualeatalian may not be held responsible, without prejudice to cases of wilful misconduct or gross negligence.
Qualeatalian reserves the right to correct any errors, inaccuracies or omissions also after an order has been sent, or to change or update information at any time without prior notice, without prejudice to the rights of the Customer under these General Terms and Conditions and the Consumer Code.
Without prejudice to cases of wilful misconduct or gross negligence, every customer's right to compensation for damages or to the recognition of an indemnity is excluded, as well as any liability in contract or tortious liability for direct or consequential damages to persons and/or things, caused by the lack of acceptance or even partial fulfilment of an order.
Qualeatalian promotes responsible alcohol consumption and accepts no liability, without prejudice to the cases of wilful misconduct or gross negligence, in the event of purchase made by minors of 16 years.
Any complaint shall be forwarded to Qualeatalian using the appropriate contact form accessible on the Website in the “Contact” section. It is possible to send a complaint via mail to the following address:
Via Nuova Chiunzi n. 42/B
84010 Maiori (SA)
Qualeatalian is committed to reply to all requests received within a maximum of 7 working days.
The sale agreement between the Customer and Qualeatalian is intendedly made in Italy and is governed by Italian law. For the resolution of disputes concerning the interpretation, execution or termination of these Terms and Conditions or individual purchase orders if the Customer is a consumer within the meaning of the Consumer Code, the Court of his/her place of residence or domicile shall have exclusive jurisdiction if located within the Italian territory. In all other cases, the territorial jurisdiction is exclusively that of the Court of Salerno, excluding any other competent court.