General conditions of sale
Art. 1 Definitions
We invite you to carefully read the conditions below, available in favor of the consumer for reproduction and storage pursuant to art. 12 Legislative Decree 70/2003.
This website https://www.nuttyplus.it is owned by the company Nutty Plus Srl, with registered and administrative headquarters in Via V. Bellini, 1 – 95039 Trecastagni (Catania) VAT number 05601720872, PEC (Certified Electronic Mail) nuttyplus@pec.nuttyplus.it; and is dedicated to the retail sale to a final consumer or other professional users (hereinafter referred to as the customer) of high quality fresh and / or company-prepared food products.
In order to make purchases on the site, you must register on the site. All other activities that the user can perform on the site do not require registration.
Art. 2 Scope of application
These general conditions of sale apply to customers who fall within the definition of “consumers”, pursuant to Legislative Decree 206/2005, who make purchases through the website https://www.nuttyplus.it for non-referable purposes , directly or indirectly, to any commercial or professional activity carried out.
These general conditions of sale are also applied to professional user customers who make purchases through the website https://www.nuttyplus.it as part of their professional activity.
Art. 3 Acceptance of the general conditions of sale
These general conditions are valid from the day of conclusion of the contract and may be updated, integrated or modified at any time by the company, which will communicate it through the pages of the site and such updates / changes and / or additions will be effective for future purchases.
These general conditions of sale must be examined “online” by the customer before completing the purchase procedure. The forwarding of the purchase order confirmation, therefore, implies full knowledge of the same and their full acceptance.
The customer, consumer or professional user, by accessing the website https://www.nuttyplus.it, can conclude the contract for the purchase of the desired product, following the instructions and procedures provided for the completion of the order and the improvement. of the purchase.
The customer, consumer or professional user, by electronically sending the confirmation of his purchase order, unconditionally accepts and undertakes to observe, in his relations with the company, the general and payment conditions illustrated below, declaring that he has read and accepting all the information provided by him pursuant to the aforementioned rules, also acknowledging that the company does not consider itself bound to different conditions unless previously agreed in writing.
The sales operations are regulated for the consumer by the provisions of Legislative Decree 6 September 2005 n. 206 and subsequent amendments and additions, while the protection of confidentiality is subject to the discipline of Legislative Decree 30 June 2003, n. 196, (“Code regarding the protection of personal data”) and art. 13 of the EU Regulation n. 2016/679 (“European general regulation on the protection of personal data”) to which reference should be made for further information.
Art.4 Object of the contract
Through the website https://www.nuttyplus.it, the company offers an online sales service of high quality fresh and / or prepared food products such as: dried fruit, dried fruit flours, dried fruit grains and dried fruit pralines; whose essential characteristics are explained in each product sheet.
Art. 5 Conclusion of the contract
These conditions of sale constitute an offer to the public.
For the conclusion of the contract it is necessary to accept them by the customer.
Acceptance is manifested by following the instructions on the screen, through the timely compilation of all sections and by signing up, selecting the words “Acceptance of the Conditions of Sale and Privacy Law”.
For professionals, orders are expressly declared irrevocable throughout the time provided for delivery and, in any case, for 30 days from the date of the order.
Receipt of the order does not bind the company until it has fulfilled the order with written communication or with the shipment of the goods.
Based on stock availability, the company has the right to accept even only partially the order received. In this case the contract will be considered perfected in relation to the confirmed goods.
Each order will be accompanied by a regular commercial invoice or in any case by another accompanying document and / or by a regular receipt.
Art. 6 Sale prices
All prices displayed on the website https://www.nuttyplus.it are expressed in euros and include VAT or any other tax due by law.
In relation to the amount of the product price, before confirming the order, the company reserves the right to communicate any errors contained in the product sheet and / or changes.
Upon the occurrence of this eventuality, the company will promptly inform the customer by sending a communication, to ensure the customer can cancel the order.
If the customer decides to proceed with the order, he accepts the price as modified, it being understood that, in the event of any discrepancies, the new price will prevail.
In any case, the company will have the right to conform and / or modify the price indicated and in this case the customer may withdraw before delivery if the final price is excessively high compared to the one originally agreed.
The company reserves the right to verify the regularity of advance payments, made by credit card, debit card and bank transfer, before accepting the order.
Art. 7 Shipping costs
For the professional customer, the shipping costs are charged to him, unless otherwise agreed in writing with the company.
The cost of shipments will be made known to the customer before order confirmation.
The prices of the different types of transport refer to weight, bulk, delivery destination and / or any other services required (insurance, delivery times, change of destination address, etc.).
Art. 8 Methods of payment
It will be possible to pay by choosing from the following methods:
Bank transfer: in favor of Nutty Plus S.r.l. to IBAN: IT 38 V 0103084110000001073379;
Credit Card: through the secure PayPal portal.
Art. 9 Delivery / receipt of the product
The company will deliver the order to the address indicated by the customer, in the manner provided for in these general terms and conditions.
The purchased goods will be delivered within the terms established by Legislative Decree 206/2005 (30 days). No responsibility can be attributed to the company for delayed or non-delivery due to force majeure or unforeseeable circumstances.
Upon receipt, the customer is required to verify the conformity of the product delivered to him with the order placed; only after this verification will the delivery documents be signed, obviously except for the right of withdrawal. The unreserved acceptance of the products extinguishes any responsibility of the company in relation to any defects.
The company, while making every effort to ensure that the product is delivered intact, recommends that the customer always carry out an accurate verification of the conformity of the product delivered to him, taking into account any type of anomaly that it may present.
Should the product be damaged, adulterated or modified in its organoleptic composition, the company invites the customer not to take or ingest the product itself and to report the damage using the contact details previously indicated.
The company is not responsible for damage caused by taking a product that is adulterated or damaged in its organoleptic composition, due to failure by the customer
The company is not responsible for damage or delays in delivery caused by the carrier to the products purchased, remaining totally unrelated to the relationship between the carrier and the customer.
The customer has the right to choose another carrier, obviously it being understood that, even in this case, the transport will take place at his own risk, care and expense, and that payment must be made in advance of delivery.
The company reserves the right to charge the customer for any additional costs, due to changes made to the delivery address, not promptly communicated.
If the final consumer customer refuses to receive or fails to receive the delivery of the product in accordance with the provisions of these general conditions of sale, all risks associated with the loss or damage of the products will in any case be borne by him.
In this case, the company may:
request the immediate and full payment of the products and make the delivery by any means deemed appropriate, or deposit the products at full risk and at the expense of the customer;
in any case, ask for payment of all costs for storage and storage of the products and any other additional expenses incurred due to the refusal or inability to receive the delivery;
cancel the order and dispose of the products, without prejudice to your right to compensation for the damage caused by the customer, in addition to the risks and expenses mentioned above.
The professional customer will not have the right to refuse the products, in whole or even partially, and must proceed with the payment in full.
In the event of a defect or damage affecting the product, to be reported no later than 10 days after their discovery, the company undertakes to return the price of the product, subject to verification of the same by the company.
To this end, the customer must return the defective product at his own expense, without tampering, adulterating, replacing it and without losing its contents, in order to allow the company to carry out all the necessary checks.
If the checks are successful, the company undertakes to guarantee the return of the product price (including shipping costs) that is actually found to be defective, or alternatively the replacement of the product.
Art. 10 Availability of products
The customer can purchase the products as per the “online” catalog published on the website https://www.nuttyplus.it, in the quantities available in stock.
In relation to fresh products, the company specifies that it is an occasional sale linked to the supply and seasonality of the product.
The specific conditions of sale of the fresh product will be duly published and highlighted on the website https://www.nuttyplus.it, so that they can be consulted by the customer by visiting the appropriate area.
Art. 11 Liability
The company assumes no responsibility for inefficiencies attributable to force majeure such as accidents, strikes and / or lockouts, earthquakes, floods and other similar events that prevented, in whole or in part, from executing the contract within the agreed time.
The company will not be liable to any party or third party for damages, losses and costs incurred as a result of the failure to execute the contract for the reasons mentioned above, as the customer is the final consumer the only right to a refund of the price paid.
Art. 12 Guarantees and methods of assistance
The company markets high quality products and offers a guarantee whose minimum duration depends on the type of product purchased, according to the Applicable Law. The warranty starts from the day of purchase and is indicated on the product itself.
All product descriptions, illustrations, representations, details, dimensions, presentation data and any other information available on the website https://www.nuttyplus.it, must be understood as general illustrations of the products. and do not represent in any way a guarantee or declaration of conformity of the products with them.
Art. 13 Obligations of the customer
The consumer customer undertakes and undertakes, once the purchase procedure has been completed, to print these general terms and conditions, in order to fully satisfy the conditions set out in Legislative Decree no. 206/2005 (Consumer Code) and to periodically check them by connecting to the website https://www.nuttyplus.it. In the event of changes, the consumer undertakes to reprint and keep them, as modified.
The customer declares to be of age and to possess the legal capacity necessary for the signing of a contract having the force of law between the arts and that the information provided at the time of placing the order is up-to-date, accurate and sufficient for the fulfillment of the ‘order.
It is strictly forbidden for the customer to enter false and / or invented and / or fictional data in the registration procedure necessary to activate the procedure for the execution of this contract and related further communications for him; the personal data and the e-mail address must be exclusively their real personal data and not those of third parties, or of fantasy.
It is expressly forbidden to make double registrations corresponding to a single person or to enter data of third parties. The company reserves the right to legally pursue any violation and abuse, in the interest and for the protection of consumers.
The customer releases the company from any liability arising from the issue of incorrect tax documents due to errors in the data provided by the customer, the customer being solely responsible for the correct entry.
Art. 14 Right of withdrawal
Pursuant to art. 64 D. Lgs: 206/2005, the consumer customer, who for any reason is not satisfied with the purchase made, has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 14 days from receipt of the product. The consumer customer can exercise the right of withdrawal by returning the product received in its original packaging, obtaining a refund of the price paid.
The deadline for the return is 10 days from the exercise of the right of withdrawal.
To exercise the right of withdrawal, the product must be returned intact (therefore not opened, tampered with, adulterated). The company will accept the returned goods, reserving the right to contest the integrity of the product.
Within 30 days of the communication to exercise the right of withdrawal, the company will return the sums paid for the purchase of the product.
The right of withdrawal is excluded in the following cases:
for products packaged “to measure” or on specific customer request or, which by their nature cannot be returned;
for fresh food products or those which by their nature are subject to deterioration in the short term;
for returned products not intact, opened, tampered with and adulterated through fault attributable to the customer.
The rules on the right of withdrawal also apply to the professional customer who must return the goods in perfect condition, kept in their packaging, not tampered with, adulterated or opened or damaged in any way, providing adequate reasons for exercising the right of withdrawal.
Art. 15 Communications
Any communication or notice in relation to these conditions must be made by registered letter with return receipt or to the addresses indicated in the contact section or by certified e-mail (certified e-mail) to nuttyplus@pec.nuttyplus.it.
Each communication is considered received upon receipt of the registered letter; in the case of PEC (Certified Electronic Mail), it is considered to have been received at the time and date of confirmation of the opening of the PEC (Certified Electronic Mail) by the recipient.
Art. 16 Contract termination and express termination clause
The company has the right to terminate the stipulated contract by simply communicating it to the customer indicating the reason; in this case, the customer will only be entitled to a refund of any sum already paid.
The obligations assumed by the customer on the basis of these contractual conditions, as well as the guarantee of successful payment, are of an essential nature, so that by express agreement, the customer’s non-fulfillment of only one of the aforementioned obligations, will result in the legal termination of the contract pursuant to article 1456 of the Italian civil code, without the need for a judicial decision, without prejudice to the right of the company to take legal action for compensation for further damage.
Pursuant to art. 1456 of the civil code, the party who intends to make use of the resolution will notify the counterparty by sending a registered letter with return receipt or certified e-mail (certified e-mail), indicating the reason; the effects of the termination run from the date of receipt of the notice of termination resulting from the receipt returned to the resolving party and the buyer will only be entitled to a refund of any sum already paid.
Art. 17 Privacy, cookies, and conditions of use of www.nuttyplus.it
For the privacy legislation, cookies and conditions of use of the website https://www.nuttyplus.it, please refer to the specific dedicated sections.
Art. 18 Applicable Law
These general conditions of sale are governed by Legislative Decree 206/2005 (Consumer Code), by Legislative Decree 70/2003 – in implementation of the European Directive 2001/31 / EC – on Electronic Commerce, EU Regulation 679 / 2016 on the Protection of Personal Data, by Legislative Decree 21/2014 – implementing the European Directive 2011/83 / EU on Cookie Policy – together with the rules of the Civil Code on contracts and any other regulation or law Applicable.
Art. 19 Jurisdiction and Competent Court
Any dispute relating to the application, execution, interpretation and violation of purchase contracts stipulated online through the website https://www.nuttyplus.it is subject to Italian jurisdiction.
These general conditions are reported, for what is not foreseen, to the provisions of Legislative Decree 206/2005.
For any dispute between the parties regarding this contract, the court in whose district the consumer has his domicile will be competent pursuant to Legislative Decree 206/2005; for all others (foreigners and non-consumers) it is agreed that any dispute, even in derogation of the rules relating to territorial jurisdiction, will be the exclusive competence of the Court of Catania – District of the Court of Appeal of Catania.