Terms and conditions

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Terms and conditions

Users who use the Services offered by nuovocilento.it declare that they know and accept these general terms and conditions.

PREMISES

This document constitutes a legal agreement between the User and the company that operates nuovocilento.it. and governs the use of the website and/or application and, in each case, the use of the Services provided. “Legal Agreement” means that the terms of such agreement, once accepted by the User, are binding on the User.

DEFINITIONS

“Members Area” means the section reserved for members of the cooperative to which they can access by Login.

“Payment Confirmation” means the email sent by nuovocilento.it to confirm the purchase of the selected products.

“Consumer” refers to any natural person who, as a User, uses goods or services for personal purposes and, in general, acts for purposes unrelated to his or her business, trade, craft or profession.

“Contract” refers to this document, as amended from time to time. The Contract is concluded in the Italian language in its original form.

“Coupon” means any coupon or discount code, in paper or computer format, made available at the discretion of the Owner to be used on nuovocilento.it. It entitles the User to discounts and/or offers promoted by the Owner.

“Login”: is the area dedicated within nuovocilento.it to the registration of Users, from which the User can view his/her data and possibly proceed to modify and/or cancel before paying.

“nuovocilento.it” refers to this site and/or any application owned by the Owner.

“Products” means all products and/or goods marketed by the Owner and forming part of its assortment.

“Order Processing Receipt” means the email that the Holder sends upon receipt of the order.

“Services” means the services offered by nuovocilento.it. as described in this Agreement.

“Owner” refers to the company that owns and operates nuovocilento.it as set forth below.

“User” both singular and plural, refers to the User who uses the Services and/or purchases Products from nuovocilento.it.

  1. ACCEPTANCE OF THE CONTRACT

In order to use nuovocilento.it Users must carefully read and accept the Agreement by clicking on the specific button for acceptance. If the User does not accept the Agreement, he/she will not be able to use the Service.

  1. DESCRIPTION OF THE SERVICE

nuovocilento.it is a web platform that sells food products.

  1. REGISTRATION

In order to use the Services or any part thereof, Users must register by providing, truthfully and completely, all the data requested in the relevant registration form and fully accept the Privacy Policy and this Agreement. The User is responsible for guarding and keeping their access credentials confidential.

It is understood that in no event shall the Owner be held liable in case of loss, dissemination, theft or unauthorized use by third parties, for any reason whatsoever, of Users’ access credentials.

  1. ACCOUNT DELETION AND TERMINATION OF USER ACCOUNTS

Registered Users may deactivate their accounts, request their deletion, or discontinue use of the Services at any time by contacting the Owner directly.

The Owner, in the event of a violation of this Agreement, reserves the right to suspend or terminate the User’s account at any time and without notice.

The Owner reserves the right to suspend or terminate User’s account at any time and without notice if they believe that:

  • the User has breached the Agreement; and/or
  • access to or use of the Service may cause harm to the Owner, other Users or third parties; and/or
  • the User’s use of nuovocilento.it may be in violation of applicable law or regulation; and/or
  • in the event of investigations conducted as a result of legal action or public authority involvement; and/or
  • the account is deemed by the Owner, in its sole discretion and for any reason whatsoever, to be inappropriate or offensive or in violation of the Agreement or inconsistent with the Owner’s standards of Service.

In no event shall the termination or suspension of the User’s account by the Owner constitute grounds for any claim or demand for compensation by the User.

  1. CONTENTS AVAILBLE ON NUOVOCILENTO.IT

The contents available on nuovocilento.it , such as the contents of the Blog section, are protected by copyright law and other laws and international treaties placed to protect intellectual property rights. Unless otherwise specified, their use is permitted to Users exclusively within the limits specified in this clause. The Owner grants to the User, for the duration of the Agreement, a personal, non-transferable and non-exclusive license, exclusively for personal and never commercial purposes and limited to the device in use by the User to use such content. Therefore, the User is expressly forbidden from copying and/or downloading and/or sharing (except to the extent set forth below), modifying, publishing, transmitting, selling, sublicensing, processing, transferring/assigning to third parties or creating derivative works in any way from the content, including third party content, available on nuovocilento.it, nor allowing third parties to do so through the User or his/her device, even without his/her knowledge.

Where expressly stated on nuovocilento.it the User, for mere personal use, may be allowed to download and/or copy and/or share certain content made available on nuovocilento.it provided that he or she faithfully reproduces all copyright and other notices provided by the Owner.

  1. USER-PROVIDED CONTENT

Users are responsible for their own- and third-party content that they share on nuovocilento.it, through their uploading, posting or by any other means. Users hold the Owner harmless from any liability in connection with the unlawful dissemination of third-party content or the use of nuovocilento.it, in ways contrary to the law.

The Owner does not carry out any kind of control on the veracity of the content published by the User, but undertakes to intervene in the face of reports from Users or orders issued by public authorities in relation to content deemed offensive or illicit.

  1. RIGHTS TO CONTENT PROVIDED BY USERS

The only rights granted to the Owner in relation to the content provided by Users are those necessary for the operation and maintenance of the Services offered by nuovocilento.it.

  1. CONTENT PROVIDED BY THIRD PARTIES

The Owner does not perform any moderation and/or prior control over the content or links provided by third parties displayed on nuovocilento.it. The Owner is not responsible for such content and its accessibility.

  1. SERVICES PROVIDED BY THIRD PARTIES

Users may use services or content included in nuovocilento.it provided by third parties, but must first have read and accepted the terms and conditions of such third parties. Under no circumstances shall the Owner be held liable in connection with the proper functioning or availability, or both, of the services provided by third parties.

  1. UNAUTHORIZED USE

The Service shall be used as set forth in this Agreement.

Users may not:

  • reverse engineer, decompile, disassemble, modify or create derivative works based on nuovocilento.it or any portion thereof;
  • circumvent the computer systems used by nuovocilento.it or its licensors to protect the content accessible through it;
  • copy, store, modify, change, prepare derivative works of, or alter in any way any of the content provided by nuovocilento.it; 
  • use any robot, spider, search and/or site-finding application, or any other automated device, process or means to access, retrieve, scrape or index any portion of nuovocilento.it or its content;
  • lease, license or sublicense nuovocilento.it;
  • use nuovocilento.it in any other improper manner that would violate this Agreement;
  • defame, offend, harass, engage in threatening practices, threaten or otherwise violate the rights of others;
  • disseminate or post content that is illegal, obscene, illegitimate, defamatory or inappropriate;
  • unlawfully misappropriate the account in use by another User;
  • use nuovocilento.it in any other improper manner that would violate the Agreement.
  1. PRODUCT PURCHASE PROCEDURE

Some of the Products offered on nuovocilento.it as part of the Service are chargeable. The fees, duration and conditions applicable to the sale of such Products are described below. In order to purchase Products, the User may register or login via Login on nuovocilento.it or proceed to purchase without the need to register.

The User must select the Product chosen and complete the purchase by entering the payment, billing and shipping information and after carefully verifying the information entered. The order is placed by confirmation of the same and is subject to payment of the price and taxes. The conclusion of the Contract occurs when the Holder sends the Confirmation of Payment to the email address provided by the User.

If an ordered Product is found to be unavailable, the Owner will immediately notify the User and proceed to refund any price already paid.

Prices, descriptions or availability of Products displayed are subject to change without notice.

  1. PAYMENT METHODS

The payment methods accepted are exclusively those listed in the purchase procedure of the Products present on nuovocilento.it, which uses third party tools for payment processing and does not come into contact in any way with payment data – such as credit card data – provided. Should the owner of each of these third-party tools refuse to authorize payment, the Owner will not be able to proceed with the shipment of the purchased Products.

A commercial invoice will be issued automatically when the ordered Product is shipped to the recipient. At the time of the first purchase, the User will be asked to communicate the data for the invoice header, including tax code and/or VAT number. The User will be able to change these details later. The invoice for each purchase will be available in the Login section.

  1. DISCOUNTS, OFFERS AND COUPONS

The Owner reserves, at its sole and unquestionable discretion, to offer discounts, offers and/or Coupons for a limited period of time. The conditions to which such discounts and/or offers are subject are from time to time indicated on the relevant information page on nuovocilento.it. Each discount, offer and/or Coupon shall be valid until its predetermined expiration date.

  1. SHIPMENTS AND DELIVERY IN ITALY

Shipments are made by express or domestic courier.

Shipping costs and any other additional costs, including VAT and expressed in Euro (€), will be expressly and separately indicated in the order form before the User proceeds to its transmission as well as on the order confirmation e-mail.

Deliveries are made to the address indicated by the User and in the manner indicated in the order summary. At the time of delivery, Users must check the contents of the package and promptly report any anomalies to the contact details given herein or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.

Delivery times are indicated on nuovocilento.it at the time of ordering or during the purchase process. As a rule, orders received are prepared and shipped within 2 to 3 working days (Monday to Friday).

From that point, the courier will deliver the order within 48 to 72 hours, in all the Italian territory. To facilitate delivery, please enter a destination address where the recipient will be present every day, for at least half a day. In addition, please always provide a mobile or landline number (which will never under any circumstances be given to a third party or used for communications that are not related to the shipment – see the Privacy Policy page for more information.

At the time of shipment, an email is sent with the tracking number of the package. In case of non-delivery due to wrong address and other reasons, the explanation will be sent by email with a request for possible change.

15 NON-DELIVERY

The Owner shall not be liable in any way for any delivery errors resulting from inaccuracies or omissions committed by the User in the completion of the purchase order, nor for any damages or delays occurring after delivery to the courier if the courier has been engaged by the User.

In the event that the goods are not delivered or picked up at the time or within the time specified, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree to further action.

Unless otherwise specified, each delivery attempt from the second one will be the responsibility of the User.

  1. RIGHT OF WITHDRAWAL

Unless an exception occurs as set forth below, the User may enjoy the right to withdraw from the Contract within the period of 14 days for any reason and without justification.

Unless one of the exceptions as listed below applies, Users acting as Consumers enjoy by law the right to withdraw from contracts concluded online (distance contracts) within the time period specified and without justification. Users who do not meet these requirements do not enjoy the rights described in this section.

The right of termination expires after 14 days from the day on which the User or a third party – appointed by the User and different from the courier – takes possession of the goods. In case of purchase of several goods ordered together but delivered separately or in case of purchase of a single good consisting of several lots or pieces delivered separately the withdrawal period expires after 14 days from the day on which the User or a third party – appointed by the User and different from the courier – takes possession of the last of the goods, lots or pieces.

The Owner shall refund all payments received including, if made, those related to delivery charges to Users who have properly exercised their right of withdrawal. The refund shall be made without undue delay and in any event within 14 days from the day on which the Owner was informed of the User’s decision to withdraw from the Contract. Unless otherwise agreed with the User, the refund shall be made using the same means of payment used for the initial transaction.

Shipping costs related to the return of the product are the responsibility of the User. The shipment, until the certificate of receipt in the warehouse of the Owner, is under the full responsibility of the User; in case of damage to the goods during transport, the Owner will notify the User of the incident (within 5 working days of receipt of the goods in its warehouses), to enable him to file a timely complaint against the carrier and obtain reimbursement of the value of the asset (if insured); in this eventuality, the product will be made available to the User for its return, simultaneously canceling the request for withdrawal.

There is no right of withdrawal from contracts for the supply of sealed goods that are not suitable to be returned for hygienic reasons or related to the protection of health and have been opened after delivery and / or supply of goods that are likely to deteriorate or expire rapidly.

  1. WARRANTY

The User who purchases as a Consumer has the right to warranty on the conformity of the products purchased within the limits of 24 months from the purchase, provided that notice of the defects found is given within 2 months of their discovery.

To exercise the right of warranty, the User must contact the Owner at the contact information contained herein, giving an accurate description of the defect found. If it is established that the product is defective, the User has the right to obtain its repair or replacement.

The User also has the right to request from the Owner an appropriate price reduction or termination of the contract in the following cases:

  • if repair and replacement is impossible or excessively burdensome;
  • if the Owner has not repaired or replaced the goods within a reasonable period, but not less than 15 days;
  • if the replacement or repair previously carried out has caused significant inconvenience to the User.

To exercise the right of warranty or to obtain further information about it, the User should contact the Owner.

  1. INDEMNITY

The User agrees to indemnify and hold harmless the Owner (as well as any companies controlled or affiliated by it, its representatives, directors, agents, licensors, partners and employees), from any obligation or liability, including any legal costs incurred in defending itself in court, that may arise from damages caused to other Users or third parties, in connection with content uploaded online, violation of the law or the terms of these terms of service.

  1. LIMITATIONS OF LIABILITY

Except where otherwise specified and subject to applicable product liability provisions of law, all claims for damages against the Owner (or any person or entity acting on its behalf) are excluded.

The foregoing shall not limit the Owner’s liability for death, personal injury or damage to physical or mental integrity, damages arising from the breach of essential contractual obligations, such as obligations strictly necessary to achieve the cause of the contract, and/or to damages caused by willful misconduct or gross negligence, provided that the User’s use of nuovocilento.it was fit and proper.

Unless the damage was caused with malice or gross negligence or affects life and/or personal, physical or mental integrity, the Owner shall be liable only to the extent of the damage typical for the type of contract and foreseeable at the time of conclusion.

In particular, to the extent stated above, the Owner assumes no liability with respect to:

  • any loss of earnings or other losses, including indirect losses, that the User may have suffered (such as, merely by way of example, commercial losses, loss of revenue, profits or budgeted savings, loss of contractual or commercial relationships, loss of goodwill or damage to reputation, etc.);
  • damages or losses resulting from interruptions or malfunctions of nuovocilento.it due to force majeure or unforeseen and unforeseeable events and, in any case, independent of the will and out of the control of the Owner, such as, but not limited to, failures or interruptions of telephone or electricity lines, Internet connection and/or other means of transmission, inaccessibility of websites, strikes, natural disasters, viruses and computer attacks, interruptions in the supply of products, services or applications of third parties;
  • any losses that are not a direct result of a breach of the Terms by the Owner;

Notwithstanding the foregoing, the following limitations apply to all Users not acting as Consumers: in the event of the Owner’s liability, the compensation due may not exceed the total amount of payments that have been, will be, or may be contractually due to the Owner from the User for a period of 12 months or for the entire term of the Agreement, whichever is shorter.

  1. TERMINATION OF SERVICE

The Owner reserves the right to add, remove functionality or features or suspend or completely discontinue the provision of the Services and/or Products, either temporarily or permanently. In the event of permanent termination, the Owner will act as possible to allow Users to retrieve their information hosted at the Owner.

  1. PRIVACY POLICY.

For information on the use of personal data, Users should refer to the privacy policy of nuovocilento.it, which can be found at the following link: Privacy Policy

  1. INTELLECTUAL PROPERTY RIGHTS

All trademarks and all other marks, trade names, service marks, word marks, trade names, illustrations, images, logos concerning third parties and the content published by such third parties on nuovocilento.it are and shall remain the exclusive property or availability of such third parties and their licensors and are protected by applicable trademark laws and relevant international treaties. The Owner does not own any such intellectual property rights and may use them only within the limits of and in accordance with the contracts concluded with such third parties and for the purposes outlined therein.

  1. AGE REQUIREMENTS

Users declare that they are of legal age according to Italian law. Minors may not use nuovocilento.it.

  1. AMENDMENTS TO THIS CONTRACT

The Owner reserves the right to make changes to the Contract at any time, giving notice to Users by its publication within nuovocilento.it. The User who continues to use nuovocilento.it. after the publication of the changes, accepts without reservation the new Contract.

  1. ASSIGNMENT OF THE CONTRACT

The Owner reserves the right to transfer, assign, dispose by novation or subcontract all or any of its rights or obligations under the Contract, provided that the User’s rights hereunder are not affected. The User shall not assign or transfer in any way its rights or obligations under this Contract without the written permission of the Owner.

  1. COMMUNICATIONS

All communications regarding nuovocilento.it should be sent to the following addresses:

Nuovo Cilento S.C.A.R.L., Località Ortale – 84070 S. Mauro Cilento SA. – VAT 00521600650 – Cooperative Register (Albo Cooperative) No. A158403

E-mail address: info@nuovocilento.it.

  1. INEFFECTIVENESS AND PARTIAL INVALIDITY

Should any clause of this Contract be found to be invalid or ineffective, the said clause shall be deleted, while the remaining clauses shall not be affected thereby and shall remain fully effective.

  1. APPLICABLE LAW AND JURISDICTION

This Contract and all disputes regarding its execution, interpretation and validity shall be subject to Italian law. The applicable court shall be the court of the place where the Owner is established. An exception shall be the exclusive jurisdiction of the consumer where the law so provides.

  1. DISPUTE RESOLUTION

The consumer residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to non-judicially resolve any dispute relating to and/or arising from contracts for the sale of goods and services concluded online. Accordingly, if you are a European consumer, you can use such platform for the resolution of any dispute arising from the online contract concluded with the Owner. The platform is available at the following link: Online Dispute Resolution

The Owner is available to answer any questions forwarded by email to the following email address: info@www.nuovocilento.it

  1. APPLICABLE LAW AND GENERAL MANDATORY INFORMATION EX D. LGS. N. 70/2003

These General Conditions are governed by Italian law.

Pursuant to Article 7 of Legislative Decree No. 70 of April 9, 2003, the following general information is provided:

NUOVO CILENTO S.C.A.R.L.- LOCALITÀ ORTALE- 84070- S. MAURO CILENTO- SALERNO (ITALY)

Tel. +39 0974 903239 | +39 0974 903243 Email: info@nuovocilento.it

VAT 00521600650- Cooperative Register (Albo Cooperative) No. A158403

 

Terms and conditions updated as of April 26, 2023