General Terms and Conditions of Sale

1.     Introduction and effectiveness of the General Terms and Conditions of Sale

These General Terms and Conditions of Sale (hereinafter, the "General Conditions") are intended to regulate the distance sale of products and services made available, via the Internet, on the www.italy-h24.it website (hereinafter, the "Site") and the related payment and delivery, in compliance with the Italian legislation referred to in Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter,  "Consumer Code").

The seller of the products and owner of the Site is: IV&C srl Italiana Vending & Catering srl with registered office in 80122 Naples IT at Viale Gramsci 11, . cap.sociale int.vers. Euro 10.000,00-P.iva 09899931217- REA : NA 1066337 - PEC address itavending@pec.it (hereinafter www.italy-h24.it).

The person who accesses the Site to make purchases (hereinafter "Customer") is required, before sending the order, to carefully read these General Terms and Conditions - which constitute a binding agreement - made available to him on the Site and which will be available at any time by the Customer also through the link contained in the email confirming each order to allow him to reproduce and store them.

In the event that the person who makes purchases on the Site requests the issuance of an invoice and/or is not a "consumer or user" as defined in Article 3, paragraph 1, letter a) of the Consumer Code, the rules of withdrawal referred to in Art. 7 and 8 of these General Terms and Conditions nor, more generally, the provisions that pursuant to the same Consumer Code apply only to "consumers".

Contracts concluded with www.italy-h24.it through the Site are governed by these General Terms and Conditions in compliance with Italian law.

The characteristics and price of the various products sold on the Site (hereinafter "Product" or "Products") are shown on the page relating to each Product.

To purchase the Products, the Customer must complete and send the order form in electronic format, following the instructions contained on the Site. The Customer must add the Product to the Shopping Cart and, after having read these General Terms and Conditions (including the Course Regulations) and the Privacy Policy and confirmed their acceptance, must enter the shipping data and any billing, select the desired payment method and confirm the order.

By placing the order from the Site, which has the value of a contractual proposal, the Customer acknowledges and declares that he/she has read all the information provided during the purchase procedure and that he/she fully accepts these General and Payment Terms and Conditions transcribed, as well as the Privacy Policy.

The contract entered into between www.italy-h24.it and the Client shall be deemed to have been concluded upon acceptance of the order by www.italy-h24.it. This acceptance will be communicated to the Client through an order confirmation email containing a reference to these General Conditions, the order number, shipping and billing data, the list of Products ordered with their essential characteristics, the total price - including delivery costs - and the payment method used. The Customer must check the confirmation email and if he detects errors in the order (billing or shipping address, contact information or similar) he will have a pre-established time limit from the receipt of such email to contact Customer Service directly from the Site using the appropriate contact form in the Customer Service area. This time limit will be 12 hours for purchases made with Standard Delivery and 2 hours in the case of Scheduled Delivery. Under no circumstances will it be possible to accept requests to modify the contents of the shopping cart. After this period, the order will be processed for shipment and no changes will be accepted, without prejudice to the Customer's rights referred to in Article 7 below.

Upon receipt of the order, www.italy-h24.it reserves the right to verify the actual availability of the products ordered; in the event that one or more Products are not available, www.italy-h24.it will proceed with the replacement of the Product with a similar one. If he/she prefers, the Customer may select a different option: in the Shopping Cart, he/she may opt to have the product replaced with a similar one, to remove the missing product from the order or – if this option is available – to be contacted by www.italy-h24.it to propose alternatives. It is understood that these options are only available for certain Products.

In case of one or more missing products, www.italy-h24.it will not charge the relevant price. In the event that the payment of the order has been made by bank transfer, the refund will be made in accordance with the procedures described in point 5.3 of these General Conditions.

In the case of the purchase of variable weight products (meat, fish, fruit and vegetables, bread, dairy products, etc.), the measurements and weight indicated on the Site are indicative, www.italy-h24 does its best not to deviate from the required weight, however it may happen that there are slight variations, both in excess and in deficiency. For the methods of debiting the actual amount of the expense, please refer to point 5.2 of these General Conditions.

2.     Information

 on the Products The information and characteristics relating to the Products are available, with the relevant Product codes, on the Site. It is understood that the information of the Products delivered may be different from that shown on the Site for reasons not attributable to www.italy-h24 (e.g. changes made by the manufacturer on the Product) therefore it is necessary to always check the label and the information on the Product delivered. www.italy-h24 assumes no responsibility for the information provided on the Products by individual suppliers.

The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the descriptive sheet. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be perfectly representative of its characteristics and quality but may differ in graphics, color and size. In the event of a difference between the image and the written product sheet, the description of the product sheet is always authentic.

The prices of the products are exclusive of all taxes and duties. All prices are in Euros.

When placing the order, the customer will be asked for the postal code of the address to which he intends to send the shopping and the system will check in real time whether the Scheduled Delivery or Standard Delivery service is available for this destination. If the area is not covered by the Scheduled Delivery service, the order can be completed through Standard Delivery. www.italy-h24 delivers groceries only in the methods and areas specified on the Site on the basis of the postal code entered, therefore it does not assume any responsibility and does not guarantee delivery for any incorrect addresses not covered by the specific service.

3.      

a.     Scheduled Delivery in Italy: Scheduled Delivery

 is currently available in Rome, Milan, Turin and surroundings and has a variable cost, not included in the price of the Products, which will be specifically indicated (in Euros and including VAT) at the checkout before confirming the order. If the customer wishes to restrict the expected delivery timeframe, he can request it before confirming the order by selecting a different delivery time and day than the predefined ones. This reduction in the time slot requires an additional contribution from the customer. This surcharge is automatically calculated at the checkout by www.italy-h24, in collaboration with your shipping partner, based on various variables such as the destination of the order, the day and time chosen for delivery, the availability of couriers, etc. In any case, the total cost of delivery will be automatically displayed at the checkout based on the day and time of delivery chosen by the customer, and in any case before the order is confirmed by the customer.

b.     Standard Delivery in Italy:

 For all other destinations in Italy not covered by the Scheduled Delivery service, the shipment is handled with Standard Delivery methods. Delivery costs are displayed directly at the checkout (in Euros and not including VAT), before the order is confirmed.

c.     Standard Delivery Abroad:

 For shipments abroad, only the Standard Delivery service is always available. Delivery costs are displayed directly at the checkout (in Euros and not including VAT), before the order is confirmed.

d.     For the

cities of Milan, Turin and Rome only, the in-store pick-up service is also available free of charge.

e.     Delivery facilities for people with disabilities from 60% upwards:

 In order to facilitate the online shopping service for people with certified disability, www.italy-h24 reserves free delivery at any time and only to the address of residence to this type of customer, subject to documentary checks. The customer must contact Customer Service through the appropriate contact form, and, subject to consent to the processing of personal data by www.italy-h24, send this completed and signed Disability Benefits Request Form, a copy of the identity document and a copy of the certification issued by the competent ASL (the only suitable document) certifying the percentage of disability without indication of the relative pathology (certificate of disability for company use) of at least 60%.

The verification process will be completed within 10 business days and will allow the customer to view the free delivery fees directly on the checkout page of their account.

4.     Payment and billing methods

a.     The

Client may pay the price of the Products and the related delivery costs by credit card or bank transfer.

To ensure maximum transaction security, www.italy-h24.it does not store the Customer's payment details. From the second expense, the registered customer who wishes to do so - by selecting the appropriate option - will be able to proceed with the purchase without entering his data again. The reference credit institution uses the SSL protocol to encrypt the data transmitted between its server and the Customer's browser.

 - Credit Card

The circuits on which it is possible to purchase on the Site are:

- Visa / Visa Electron

- Mastercard

- American Express

The reference bank uses the SSL protocol to encrypt the data transmitted between its server and the Customer's browser. Under no circumstances are these data recorded by the Eataly website.

- PayPal/Stripe/Nexi Once the order has been confirmed, the Customer will be redirected to the Stripe/PayPal/Nexi website where he can make the payment using his account, a card (including prepaid) or in any case according to the accepted methods and in compliance with the relevant conditions.

 

- Bank transfer

Payment by bank transfer is only available for the Standard delivery method and appears as a checkout option only in these cases. The Customer must make the transfer within 3 days from the date of the order for orders relating to Products. If payment is not made within 3 days, the order will be cancelled.

Data for bank transfer: c/c: Italiana Vending & Catering srl.

Bank: Cariparma

Iban: IT67V0623003539000035973877

Bic/Swift: CRPPIT2P464

Reason: the Customer must indicate the date and order number in the reason for the transfer, which can be found in the confirmation email (e.g. "Order 01/01/21 no. 100012345").

b.     Authorization and Capture of Payment

                                                i.     Authorization and capture of payment for the sale of virtual products

For the sale of virtual products that do not require shipping, the amount spent by the Customer is acquired immediately upon confirmation of the order.

                                               ii.     Authorization and capture

 of payment for the sale of physical products For the sale of physical products - in the case of payment by Credit Card or PayPal - upon confirmation of the order by the Customer will only make a pre-authorization of the amount on the chosen payment method. The actual payment will be made only at the end of the order and the final amount will include the cost of the products actually shipped, net of any price changes due to replacements or missing products, plus shipping costs and any ancillary services requested by the Customer.

Any products not shipped will be refunded in accordance with the procedures described in point 5.3 of these General Conditions.

                                              iii.     Authorization and capture of payment for the sale of physical products with variable weight

In the presence of orders that contain products with variable weight (meat, fish, fruit and vegetables, bread, dairy products, etc.) - in the case of payment by Credit Card or PayPal - at the time of the order authorization will be requested for the exact amount of the expense, the authorized sum will be equal to the total of the cart with a 10% increase aimed at covering any differences in weight of the variable weight product.

The final amount of the charge will only be confirmed at the close of the purchase, and may be subject to slight variations to cover any price differences due to weight differences, substitution with lower priced products or missing products. The maximum expected variation is +10% compared to the total of the shopping cart. Any pre-authorized and unused amounts will be released to the Client's account in a short time, according to the timing provided by the selected payment method or by the bank.

To protect the Customer, in the event of replacement of a product with another of lesser value, the lower cost will be charged. In case of substitution of a product with another of a higher price, only the cost of the product originally chosen by the Customer at the time of purchase will be charged. 

c.      In

 the case of a refund, this will be made using the same payment method used by the Customer for the order, unless the Customer has expressly requested a different method. The refund will be made within 10 working days from the acceptance of the refund by www.italy-h24.

In the event of a bank transfer, it will be the Client's responsibility to provide the bank details to which the refund will be obtained (account holder, name and address of the Bank, IBAN). In this case, the refund will be made within 10 working days of receipt of all the information necessary for the payment of the sum.

The credit to the Customer's account will take place in a short time, according to the timing provided by the selected payment method or by the bank.

d.     Invoicing of orders

If the Customer wishes, it will be possible to request the issuance of the invoice by checking the appropriate box during the order procedure and entering the billing data including tax code and/or VAT number, any company name and SDI Recipient Code. In this case, the invoice will be automatically sent to the customer's tax drawer, in accordance with the law. The customer is responsible for the correct entry of the billing data and is expressly informed that, if the invoice is not requested at the time of ordering, it will not be possible to request it later.

5.     The

Products purchased on the Website are delivered to the address indicated by the Customer during the purchase procedure in the "Shipping Data" field.

There are two types of delivery, Standard Delivery (hereinafter, "Standard Delivery") and Scheduled Delivery (hereinafter, "Scheduled Delivery").

Standard Delivery is made from Monday to Friday, while Scheduled Delivery also includes Saturdays among the days of delivery; public holidays and national holidays are always excluded. www.italy-h24 y is not responsible for unforeseeable delays or not attributable to it or for any damages, losses, costs, incorrect and/or non-delivery of the Products due to force majeure or unforeseeable circumstances (e.g. natural disasters,  adverse weather conditions, strikes, accidents, etc.)

Once the Products have been shipped, the Customer will receive a shipping confirmation email in which it will be

a.     Standard Delivery – Services active in Italy:

 The service includes 2 delivery attempts to the address indicated at the time of ordering. A notice will be left after each step. On the second unsuccessful delivery attempt, or in the event of incorrect address details, the Courier will contact the recipient by phone at the telephone number indicated at the time of ordering, to arrange delivery. If the goods cannot be traced or are absent, or it is not possible to proceed with the payment, the goods will return to the warehouse and the Customer will be charged the costs of delivery of the Products. Under no circumstances will there be a refund of the price charged for Products that can no longer be sold to third parties (e.g. fresh or easily perishable products such as meat, cheese, bread, fishmonger's products, cured meats, fruit and vegetables, delicatessen products, etc. or personalized products) or a refund of the shipping cost.

b.     The 

service offers the customer the possibility to select the day and time slot of delivery. If the recipient is not available in the booked time slot or incorrect address details have been provided, the delivery is considered to have failed. In this case, the goods are returned to www.italy-h24 which proceeds to carry out the necessary procedures for the return to the warehouse and the Customer will be charged the costs of delivery of the Products. Under no circumstances will there be a refund of the price charged for products that can no longer be sold to third parties (e.g. fresh or easily perishable products such as meat, cheese, bread, fishmongers' products, cured meats, fruit and vegetables, delicatessen products, etc. or personalized products) or a refund of the shipping cost.

c.      Standard Delivery – Services active abroad:

 If the Customer wishes to send the goods abroad, it is necessary to change the country of shipment through the country flag icon available on the website in the upper right section of the screen. Shipments abroad may be made with different couriers depending on the country of destination.

Countries where the service is active: Austria, Belgium, Bulgaria, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Monaco, Romania, Slovakia, Slovenia, Spain (except the Canary Islands and Ceuta and Melilla), Sweden.

There are currently no plans for delivery to the UK.

The Client has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, except in the cases of exclusion provided for in point IV below. To exercise this right, the Customer must send a communication to www.italy-h24 within 14 days from the date of receipt of the Products using the form downloadable here or, if he/she intends to exercise the withdrawal before receiving the Products, the notice of withdrawal may be sent at any time before receiving them.

This communication must be sent by registered letter with acknowledgement of receipt and/or certified e-mail, addressed

 to:Italiana Vending & catering srl
Viale A. Gramsci 11 -80122 Napoli IT
Pec: itavending@pec.it

Once the communication has been received, the Customer Service of www.italy-h24 will open a file for the management of the return and communicate to the Customer the instructions on how to return the Products,  which will be done by courier indicated by www.italy-h24 itself.

The right of withdrawal is governed by the following conditions:

                                                i.     The right applies to the Product purchased in its entirety; therefore, if the Product is composed of several components or parts, it is not possible to exercise the right of withdrawal only on part of the Product purchased.

                                               ii.     In case of exercising the right of withdrawal, www.italy-h24 will reimburse the customer for the full amount of the returned goods, including shipping costs where applicable, within 14 days from the date on which the notice of withdrawal was received, without prejudice to the right of www.italy-h24 to suspend the payment of the refund until the actual receipt of the goods. The refund will be made in accordance with the procedures described in point 5.3 of these General Conditions.

                                              iii.     Also in order to guarantee the free return pursuant to Article 8 below, the Products must be returned in the same box in which they were received.

                                             iv.     In addition to the cases indicated in the Introduction (non-consumer customer and/or customer requesting an invoice), the right of withdrawal is excluded in the following cases, pursuant to art. 59 Legislative Decree 21/2014:

-        order of Tailor-made or clearly personalized Products;

-        order of Products that are likely to deteriorate or expire rapidly;

-        order of sealed Products that cannot be returned for reasons of hygiene or health protection or that have been opened after delivery.

With reference to the cases of exclusion of withdrawal listed above, the Customer, in particular, is informed and accepts that these include all Food Products (including wines, spirits and beverages), as the characteristics and qualities of these types of Products are subject to alteration also as a result of inappropriate storage. Therefore, for reasons of hygiene and protection of Customers, the right of withdrawal is applicable only for Products purchased on the Site that can be returned to www.italy-h24 and put back on the market without danger to the health of consumers (such as books, gadgets, kitchen utensils, etc.).

In cases where the right of withdrawal is excluded, www.italy-h24 will return the Products purchased and returned by the Customer to the Customer, charging the Customer for the costs of reshipment, or dispose of them where necessary.

6.     As

a more favourable condition for the Customer - in case of exercise of the right of withdrawal - www.italy-h24 maintains the shipping costs for the return of the Products in full at its own expense.

In order to benefit from this free shipping, the Customer who intends to exercise the right of withdrawal must comply with the procedure indicated in Article 7 above and wait to be contacted by www.italy-h24 to arrange the return of the Products to the courier.

7.     Cancellation, postponement or change of the shipping address of the order

The Customer may cancel, postpone or request a change of shipping address of the order within a limited period of time from the conclusion of the order itself; in the case of Standard Delivery this limit is 12 hours, for Scheduled Delivery the deadline is two hours. After this period, the order will be processed and it will no longer be possible to request cancellation or change of shipping address.

The Customer must contact Customer Service directly from the Site using the appropriate contact form accessible in the Customer Service area.

www.italy-h24 reserves the right to cancel the order in the event of unforeseeable difficult situations, informing the Customer by email, or, upon agreement with the same, changing the day and/or time of delivery.

8.     In

 the event of non-conformity of Products sold by www.italy-h24, the Customer must immediately contact Customer Service using the appropriate contact form accessible on the Website via the "Customer Assistance" link in the footer. The legal guarantees provided for in articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. The Client has the right, at his choice and provided that the type of Product allows it, to restore, free of charge, the conformity of the Product by repair or replacement, or to an appropriate reduction in the price or to the termination of the contract.In the event of a

broken wine or wine that tastes like a cork, the customer is asked to keep the bottle with at least 2/3 of the contents and with its original cork and to report the alleged non-compliance to Customer Service. www.italy-h24 will intervene as soon as possible by arranging a free collection in order to carry out an in-depth check and propose the most suitable solution.

The Client loses these rights if he/she does not report the lack of conformity to www.italy-h24 within two months from the date on which he/she discovered the defect, provided that it is not a Product that by its nature is perishable or subject to expiry in a shorter period, in which case the defect must be reported within this reduced period.

The legal warranty covers all Products that have a lack of conformity existing at the time of delivery and that manifests itself within 24 months from the date of purchase (the purchase receipt is valid as proof).

9.     Errors and limitations of liability

The information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which www.italy-h24 cannot be held responsible, except in the case of wilful misconduct or gross negligence.

www.italy-h24 reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update information at any time without prior notice, without prejudice to the Customer's rights under these General Conditions and the Consumer Code.

Except for wilful misconduct or gross negligence, the Client has no right to compensation for damages or to the award of compensation, as well as any contractual or non-contractual liability for direct or indirect damage to persons and/or property, caused by the non-acceptance or fulfilment, even partial, of an order.

www.italy-h24 promotes the responsible consumption of alcohol and excludes any liability on its part, except for wilful misconduct or gross negligence, in the case of purchases made by minors under 18 years of age. By purchasing any alcoholic product, you declare that you are of legal age as per Article 7 of Legislative Decree 158/2012, www.italy-h24 does not assume any responsibility in the event of a purchase made by minors under 18 years of age who have declared to be of a different age.

10.   Any

complaint must be sent to www.italy-h24 using the appropriate contact form accessible directly on the Website through the "Customer Assistance" link in the footer, active from Monday to Friday, from 9.00 am to 5.00 pm, excluding holidays, or by registered mail with acknowledgement of receipt and/or certified e-mail to the following address

: Italiana Vending & catering srl
Viale A. Gramsci 11 -80122 Napoli IT
Pec:  itavending@pec.it

www.italy-h24 will process the Client's personal data in full compliance with the applicable legislation on the subject and in accordance with its privacy policy [link] which the Client declares to have read and to accept in full.

11.   Online Resolution of Consumer Disputes (

ODR)Pursuant to Article 14 of Regulation 524/2013, the user is informed that in the event of a dispute, he or she may submit a complaint through the European Union's ODR platform, which can be reached here. The ODR platform is an access point for users who wish to resolve disputes arising from online sales or service contracts out of court.

12.   The

sales contract between the Client and www.italy-h24 is intended to be concluded in Italy and governed by Italian law. For the resolution of disputes relating to the interpretation, execution or termination of these General Conditions or of individual purchase orders if the Customer is a consumer pursuant to the Consumer Code, the court of his/her municipality of residence or domicile if located in the Italian territory shall have exclusive jurisdiction; in all other cases, the territorial jurisdiction is exclusively that of the Court of Naples, any other competent court excluded.