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Mon - Fri 10:00 AM - 3:00 PM
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Via Giacomo Matteotti 16/a

Castelnuovo Rangone
Modena - Italy - 41051

TEL.: +39 351 970 22 36

@: info@isaporidiacquechiare.com

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Terms and Conditions

Handmade Jams and Preserves

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© 2021 by AcqueChiare Handmade Jams  Modena

1. Object
The following general conditions (hereinafter, the "General Conditions") govern and regulate the use of the online commercial platform related to the website www.isaporidiacquechiare.it (hereinafter, "AcqueChiare") and the sale of the products and services advertised on the Site (hereinafter, the "Products" or the "Product") by the company Hippo's café Snc, Via Leopoldo Nobili 188/C, 41126 Modena (MO), VAT number IT03041040365, REA MO - 352970, email: infoacquechiare@gmail.com.

The website is owned by Hippo's café.

The user of the Site (hereinafter referred to as the "Client"), before completing any purchase, must view and accept the General Terms and Conditions, which can also be consulted by the Client at any time on the Site.

 

The General Terms and Conditions are drafted in Italian.


2. Order and purchase of Products

The sale of the Products will be perfected, on the Site, between Seller and Customer (hereinafter, the "Sales Contract"), in accordance with the General Terms and Conditions, the Italian Civil Code, and, where applicable, Legislative Decree 206/2005 and subsequent amendments and integrations (hereinafter, the "Consumer Code").

In order to purchase the Products on the Site, the Customer must:

1. select and add the product to the "Cart";

2. At the end of the selection, proceed to the "Checkout" of the "Cart";

3. fill out the order form in electronic format, following the instructions on the Website by registering your customer information and creating your own account with a personal password;

4. Enter the billing or receipt issuance address;

5. enter the shipping address, if different from the billing address;

6. choose the desired payment method among those indicated on the Site;

7. read and accept the General Terms and the form defined as "Privacy";

8. place the order, proceed to payment (hereinafter, the "Order").

The Order will be considered as a mere contractual proposal for the purchase of the Products, formulated by the Customer directly to the Seller.

The sale will be completed upon acceptance of the Order by the Seller via email.

If some Products ordered are not available, AcqueChiare will promptly inform the Customer via email, who, within the next 12 (twelve) hours, can replace the purchased Products with others available or cancel the Order. Please note that in case of no response within the aforementioned timeframe, the Order will be considered confirmed, and the available Products will be prepared for shipping and sent to the Customer.

The amount paid by the Customer for Products not delivered, as they are not available, will be refunded to the Customer within 7 (seven) days from the receipt of the withdrawal notice from the Order.

AcqueChiare reserves the right to encourage and promote, with Customers, subscription services involving periodic purchase (weekly, monthly, quarterly, semi-annually, etc.) of one or more Products at a discounted price or under favorable economic conditions (hereinafter, "Subscriptions"), under terms to be specified in a specific regulation. The Customer's subscription to Subscriptions will entail their obligation to fully accept the terms of the aforementioned regulation, together with the General Conditions, for matters not expressly regulated by the regulation itself.

All Orders must meet the normal consumption needs of the Customer, as the Products are not intended for resale. The requirement of the Customer's normal consumption needs may be affected by both the number of Products purchased in a single Order and the number of Orders of a single Product placed by a single Customer. Should this requirement not be met, the Seller reserves the right to refuse the Order.


3. Information about the Products

The description and characteristics of the Products can be directly consulted on the Website, provided that additional information regarding composition, allergenic substances, and any treatments of the Products must be requested directly from AcqueChiare, also through the support provided by customer service.

4. Product Prices and Shipping

The prices of the Products indicated on the Website are in Euros and are inclusive of taxes and legal duties.

Shipping costs are indicated on the Website in the "Cart" section at the time of payment.

 

5. Payment methods and billing of the Products

The Customer can make the payment for the price of the Products, and the related shipping costs, by:

1. Credit card: the accepted credit cards are Visa, Visa Electron, Mastercard. To ensure maximum security, the Customer will finalize the transaction directly on the secure server of the payment handler Wix Payments. The Site does not store the Customer's credit card number. Wix Payments uses the SSL protocol to encrypt the data transmitted between its server and the Customer's browser;

2. PayPal: Once the Customer has confirmed the Order, they will be redirected to the PayPal website where they can make the payment using their account or by using a card, including prepaid cards, or in any case according to the methods accepted by PayPal;
3. Bank Transfer: The Customer must make the bank transfer within 3 (three) days from the Order to the following bank details: beneficiary: Hippo's café di Vacondio Emilio e Vacondio Monica snc - IBAN code: IT78R0538712905000002228004 - Bank: BPER Reason for payment: date and order number, available in the Order Acceptance email. In case of non-payment within the specified timeframe, the Order will be considered canceled.

In the case of payment by bank transfer, the Product delivery times indicated on the Product Sheet and/or on the Website will start from the date of receipt of the transfer by the Company, and not from the date of order transmission, as is the case when you choose other payment methods.

The Customer, not a consumer as defined by the Consumer Code, may request, only at the Order stage, the issuance of the invoice for the Products purchased, by filling in the required fields and entering the relevant data, including those related to Tax Code and VAT number.

6. Transportation and Delivery of Products

The Products travel at the risk and danger of the Sellers, except for the liability of the carrier or shipper.

Shipment details can be tracked by the Customer through the tracking code received, while AcqueChiare is committed to updating the Customer via email on the status of the delivery of the Products.

The Products purchased on the Site will be shipped, subject to cases of force majeure or unforeseeable circumstances, within 1 (one) working days from the Order date, from Monday to Friday, excluding holidays and national celebrations, to the address provided by the Customer during the Order, by express courier (hereinafter, the "Express Courier").

The Express Courier will make 2 (two) delivery attempts at the address indicated at the time of the Order and, if both should fail, will deposit the Products at their warehouses, where they can be collected by the Customer.

The Products will be delivered in good condition and in compliance with the aforementioned term, which, however, remains indicative and not mandatory, as its essential nature shall be excluded.


7. Right of withdrawal

The Customer, if qualifying as a consumer under the Consumer Code, and provided that they do not require an invoice to be issued as per the previous Article 5, may exercise the right of withdrawal, right of reconsideration, within 14 (fourteen) days from the date of delivery of the Products, by contacting us via email at infoacquechiare@gmail.com, we will then indicate the terms and methods of return. It is understood that in the case of "right of reconsideration", the shipping costs are borne by the Customer.

The right of withdrawal provided for in this Article 7 may be exercised with reference to the Product purchased in its entirety, it being understood from now on that in the event that the same Product is composed of multiple parts, the withdrawal cannot be exercised partially, that is, only for a part of it. Furthermore, in order to avoid exclusion of the right itself, it must be returned in its original packaging.
In case of exercise of the right of withdrawal for goods, AcqueChiare will refund the Customer the entire value of the returned Product, including shipping costs (only in case of defective Products), where provided, within 14 (fourteen) days from the date of receipt of the related returned goods.

AcqueChiare, in any case, reserves the right to suspend the refund payment until the actual receipt of the Product and, in any case, until it has verified that the Product has been returned free of defects and in the same conditions in which it was purchased.

The refund will be made using the payment method selected by the Customer during the Order, unless the Customer has expressly indicated a different method. In case of bank transfer, it will be the Customer's responsibility to provide the bank details to which the refund will be credited (account holder, name and address of the Bank, and IBAN code).

The right of withdrawal, in addition to what is provided above, is in any case excluded, pursuant to and for the effects of Article 59 of the Consumer Code, in the following cases:
1. Orders for Products tailored to the consumer's specifications or clearly personalized;
2. Orders for Products which are liable to deteriorate or expire rapidly;
3. Orders for sealed Products which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;

The right of withdrawal, therefore, can only be exercised for Products that can be put back on the market by AcqueChiare without any danger to the health of consumers.

8. Warranty and conformity defects of the Products

The Customer may report any non-compliance defects of the Products to the Seller using the support provided by the Customer Service, which can be contacted by sending an email to the address infoacquechiare@gmail.com.

The sale of the Products is subject to the legal guarantees provided for in articles 129 and 130 of the Consumer Code, which, in any case, must be activated by the Customer in compliance with the terms set out in the subsequent article 132 of the Consumer Code.

9. Complaints
The related request, accompanied by the necessary supporting documentation, must be

to be sent to Customer Service, via email, to the address: infoacquechiare@gmail.com, or recommended with return receipt to the following address:

Hippo's café - Via Leopoldo Nobili 188/C - 41126 Modena.

AcqueChiare, barring serious and unforeseen impediments, undertakes to respond to the requests received from Customers within 7 (seven) working days.


10. Amendments to the general conditions

The General Terms and Conditions may be modified by AcqueChiare at any time, in order to offer new products and/or services or to comply with legal provisions.

The Customer will be subject to the General Conditions in force at the time of placing the Order.
Should one or more provisions of the General Conditions prove to be (in whole or in part) invalid or otherwise invalid or ineffective, any other provision of the General Conditions, or the remaining part of the null, invalid, or ineffective provision, shall remain in full force and effect.


11. Applicable law, Competent court, and alternative dispute resolution

The Order and, therefore, the Sales Contract are deemed to be concluded in Italy.
The General Conditions, the Order, and the Sales Contract are governed by Italian law, with the express exclusion of conflict of laws rules of private international law.
If the Customer qualifies as a consumer under the Consumer Code, any disputes arising from the interpretation, execution, or termination of the General Conditions, individual Orders, and/or Sales Contracts will be under the exclusive jurisdiction of the judge of the place of residence or domicile of the Customer, if located within the territory of the Italian State.
In all other cases, the exclusive competent forum for any disputes arising concerning the General Conditions, individual Orders, and/or Sales Contracts will be that of Modena.


12. Alternative dispute resolution

In the field of e-commerce, the European Union has adopted Regulation 524/2013, which allows consumers who make purchases online to use, in case of disputes with sellers of products and/or service providers, the digital platform available at the following web address:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=EN”.
For more information, the Customer can contact Customer Service.

Last update: 23/03/2021