These general conditions of sale (hereinafter "General Conditions") govern the remote purchase of products made available, by means of the Internet, by the shop.mielizia.com website (hereinafter the "Website") in accordance with Italian law as contained in Legislative Decree 206/2005 as amended and supplemented (Consumer Code) and Legislative Decree 70/2003.
The vendor of the products and Website proprietor is Conapi Soc. Coop. Agricola, with registered office at Via Idice 299, Monterenzio (Bologna, Italy), tax code 03486390374, VAT No. 00625981204 and registration with Bologna Register of Companies no. 294126 – Email address email@example.com
Before sending an order, any consumer accessing the Site in order to purchase (hereinafter the "Customer") is obliged to read the General Conditions, which are made available on the Website to allow them to be reproduced and saved.
In the event that the party purchasing on the Website requires the issue of an invoice and/or in any case is not a "consumer or user" under the terms of art. 3, comma 1, subsection a) of Italian Legislative Decree 206/2005, the conditions governing withdrawal from the contract in these General Conditions shall not apply, and neither, in more general terms, shall the provisions applicable only to "consumers" under the said Legislative Decree 206/2005.
Remote contracts agreed with Conapi through the Website are governed by these General Conditions in accordance with Italian law. All contracts are concluded in Italian.
The preambles form an integral part of the substance of these General Conditions.
2 Finalisation of contract
1. The characteristics and prices of the various products on sale on the Website (hereinafter "Products" or "Product”) are stated on the page relating to each Product.
2. The contract between Conapi and the Customer is finalised solely by means of the Customer's access to the Website, where, by following the stated procedures, the Customer will formally submit an order for the purchase of the Products using remote communications technology via the Internet.
3. The contract is finalised after correct compilation of the order form and consent to the purchase, followed by confirmation by Conapi of the registration of the purchase order submitted by the Customer, by means of an email summarising the order, sent to the email address provided by the Customer and/or by web screen.
4. Failing the above, the contract is not finalised and binding on the parties.
5. In the event that stocks have run out due to unforeseeable factors or other causes, Conapi undertakes to notify the Customer by email without delay that the product is not available and to refund or not to charge the Customer the corresponding price, or to inform the Customer of the waiting times to obtain any additional, available product chosen, asking whether or not he wishes to confirm the order.
6. Conapi reserves the right not to accept purchase orders which are incomplete and/or not correctly compiled, through email notification to the address provided by the Customer and/or by web screen.
3. Customer's Obligations
1 The Customer undertakes to read and agree to these terms and conditions.
2. Once the online purchase procedure has been concluded, the Customer undertakes to print out and/or conserve these terms and conditions, which he will also have already read and agreed to as a compulsory stage in the purchase process. This is in order to fully satisfy the condition contained in articles 52 and 53 of Italian Legislative Decree 206/05 as subsequently amended and supplemented.
3. Customers are strictly forbidden to enter false and/or invented data in the registration procedure necessary for activation of the process for fulfilment of this sales agreement and the subsequent further communications. The personal details and email address must also be their own and not those of third parties.
4. The Customer declares that he is legally of age.
4. Delivery times and methods
1. Conapi delivers the Products the Customer has selected and ordered to the latter, at the address he provided, by express courier.
2. Except in cases of force majeure or unforeseen circumstances, deliveries are made within the approximate term of 5 working days (7 for the islands) from the date of dispatch of the confirmation of the purchase order by Conapi. Deliveries are not made on Saturdays, Sundays or public holidays.
3. Once the Products have been dispatched, the Customer will receive a confirmation email containing a link to be used as reference for tracking the delivery.
5. Damage in transit
1. Any Customer noticing damage to the outside of the packaging or a discrepancy in the number of packs must immediately enter a written reservation on the Courier's proof of delivery, or refuse to take delivery of the damaged pack, writing the reason (pen not pencil) on the waybill the Courier will ask them to sign as receipt for the delivery. Any Customer who has accepted delivery of the pack under reservation and has then found the product to be damaged must report the damage, within 8 days after delivery, by sending a registered letter with return receipt to Conapi, Consorzio Apicoltori ed Agricoltori Biologici Italiani, Società Cooperativa Agricola, Via Idice n. 299 – 40050 Monterenzio (Bologna, Italy). As well as the reason for the complaint, the Customer must also specify the purchase order number and the fiscal documentation.
2. Any Customer discovering damage to products caused in transit but not visible from the outside, or a discrepancy in the number of products received, must report the damage, in the former case within 8 days after discovery of the problem and in the latter within 8 days after delivery, by sending a registered letter with return receipt to Conapi, Consorzio Apicoltori ed Agricoltori Biologici Italiani, Società Cooperativa Agricola, Via Idice n. 299 – 40050 Monterenzio (Bologna, Italy). As well as the reason for the complaint, the Customer must also specify the purchase order number and the fiscal documentation.
3. Any Customer failing to comply with the procedures and terms specified in the foregoing points 1 and 2 of this article shall forfeit the right to replacement or refund.
4. Further to receipt of the Customer's complaint, Conapi shall replace the damaged product. In the event that Conapi is unable to replace the product for any reason, it may refund the entire amount paid, or make replacement with a product of the same or higher value, in agreement with the Customer.
6. Reporting of defects and legal warranty
1. Conapi is obliged to supply the Customer with goods which conform to the sales contract and is responsible in relation to the purchaser for any conformity defects present on delivery of the goods.
2. Products have a two-year legal warranty covering conformity defects pursuant to articles 128, 129, 130, 131, 132, 134 and 135 of Italian Legislative Decree 206/2005 as amended and supplemented.
3. The warranty only applies to consumers, as defined by Italian Legislative Decree 206/2005 as amended and supplemented.
4. The purchaser forfeits all warranty rights if he fails to report the conformity defect to the vendor within 2 months after its discovery.
5. The legal warranty only covers replacement of the item which does not conform to the sales contract, since the contract refers to food products. The warranty does not apply if the claimed defects are caused by incorrect storage, handling, use or transportation of the product by the consumer, or failure to comply with the instructions provided by the food's producer on the label. Similarly, the warranty does not apply if the defect has arisen from malpractice or negligence on the part of the consumer, or other causes unrelated to the production of the product and its transportation to the consumer's address.
6. Any Customer discovering defects must submit a claim within 2 months after discovery of the problem by sending a registered letter with return receipt to Conapi, Consorzio Apicoltori ed Agricoltori Biologici Italiani, Società Cooperativa Agricola, Via Idice n. 299 – 40050 Monterenzio (Bologna, Italy). As well as the reason for the complaint, the Customer must also specify the purchase order number and the fiscal documentation.
7. In the event of a conformity defect duly reported within the stated terms, the purchaser shall be entitled to replacement of the product within a reasonable period unless this remedy is objectively impossible or disproportionately expensive, or secondarily shall be entitled to a price reduction or the termination of the contract. A slight conformity defect with regard to which the remedy of repair or replacement has been impossible or disproportionately expensive shall not constitute grounds for termination of the contract.
8. Conapi reserves the right to verify the existence of the conformity defect.
9. Conapi reserves the right to notify the purchaser whether it intends to collect the defective product from the latter's address.
10. The operating times for activation of the warrant will vary depending on the type of product and the nature of the defect.
11. Under no circumstances shall Conapi be liable for costs arising from any delays in delivery of the replacement product or refund of the price. However, except in exceptional circumstances, the replacement will be made within 15 days after delivery of the defective product to Conapi. Otherwise, the Customer may adopt one of the alternative remedies granted by law (termination of the contract or reduction of the price paid, bearing in mind any use of the goods).
7. Right of withdrawal
1. The Customer is entitled to withdraw from the contract on any grounds and without any penalty within 14 days after the day when the Customer, or a third party other than the carrier and designated by the Customer, gains physical possession of the last item, provided the information obligations envisaged by art. 52 of Italian Legislative Decree 206/2005 as amended have been complied with.
2. In the event that the vendor has not fulfilled the obligations to inform contained in articles 52, comma 2, subsections f) and g) and 53 of Italian Legislative Decree 206/2005 as subsequently amended and supplemented, the term for exercise of the withdrawal right expires 12 months after the end of the initial withdrawal period. This final term also applies if Conapi supplies incomplete or inaccurate information which prevents the correct exercise of the right of withdrawal.
3. Customers shall exercise the withdrawal right by sending written notice by registered letter with return receipt to Via Idice n. 299 – 40050 Monterenzio (Bologna, Italy).
4. The notice shall specify the name, address, purchase order number, intention of withdrawing from the purchase and the product or products with regard to which the withdrawal right is to be exercised. The Customer shall also enclose a copy of an identity document and a copy of the fiscal purchase document and specify both a contact telephone number and the bank details of the current account to which he wishes the sums paid to be refunded.
5. In order to comply with the term for withdrawal, it is sufficient to send the notice of exercise of the withdrawal right prior to expiry of the withdrawal period.
6. Once the withdrawal notice has been received, Conapi will inform the Customer of the address to which the products for return are to be dispatched and authorise return of the products.
7. The Customer must dispatch the product to the address provided, carefully packed in its original packaging, complete with everything which it originally contained. The Customer shall ship returned goods by Courier or deliver them to the Vendor or a third party holding its authorisation within 14 days after notification of withdrawal from the contract to Conapi. On receipt of the products, or once the purchaser has proved that the goods have been dispatched for return (whichever occurs first), Conapi will refund the amount paid to the Customer. For the purposes of compliance with the specified term, goods are considered to have been received at the time when they are consigned to the dispatching post office or forwarding agent.
8. In the event of exercise of the withdrawal right within the fourteen day term pursuant to art. 64 comma 1 of Italian Legislative Decree 206/2005 as amended and supplemented, the expenses incurred by the Customer for return of the products to Conapi are payable by the Customer.
9. In the event of exercise of the withdrawal right within the 14 day term pursuant to art. 64 comma 1 of Italian Legislative Decree 206/2005 as amended and supplemented, goods must be intact on return.
10. In the event of exercise of the withdrawal right within the 14 day term pursuant to art. 64 comma 1 of Italian Legislative Decree 206/2005 as amended and supplemented, Conapi shall refund the sums paid by the Customer within 14 days after the day when it was informed of the Customer's decision to withdraw from the contract, using the form of payment used by the Customer for the initial transaction, unless otherwise specifically agreed with the Customer.
11. The refund may be put on hold until receipt of the goods or until the Customer demonstrates that he has returned the goods, if this occurs earlier.
1. All prices for sale of the Product displayed and stated on the Website constitute an offer for public sale pursuant to article 1336 of the Italian Civil Code.
2. The price paid by the Customer to Conapi for the Products purchased shall be the price specified in the online catalogue at the time when the Customer placed the order. The said price shall be stated in Euro and shall include VAT.
3. Product delivery costs, if payable by the Customer, shall be applied on the basis of the prices stated in the Shopping Cart when the Customer indicates the delivery address before placing the order.
4. The prices of Products may be updated and may therefore vary on a daily basis.
5. There are no minimum order amounts.
6. Promotional price discount on products are valid until stock lasts and/or until the date indicated in the online catalogue or in communication messages related to such promotions published on other channels/platforms.
8b. Discount codes
Starting from January 7th 2020 only one discount/voucher code can be redeemed per order. All discount/voucher code are valid until the indicated expiry date.
Starting from May 19th 2020, shipping costs will be calculated based on the amount resulting from the difference between products value and voucher code discount.
9. Delivery costs
Delivery costs to ITALY will be payable by Conapi for orders of over € 25.00. For orders for lower amounts, delivery costs to Italy will be payable by the customer. For orders to be delivered outside of the Italian territory, costs will be payable by the customer.
1. Conapi does not accept any liability for shortcomings in the service provided due to force majeure of any nature and kind, if it is unable to fulfil the order within the times agreed in the contract.
2. Examples of force majeure include (but are not restricted to) accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events, as well as measures by Public Authorities, strikes of its own employees or those of the carriers used by Conapi, and any other circumstance beyond the latter's control.
3. Subject to the provisions of art. 8 of Directive (EU) 97/7 and art. 56 of Italian Legislative Decree 206/2005 as amended and supplemented, Conapi does not accept any liability for any fraudulent use by third parties of the credit card details contributed by the Customer.
4. Conapi shall not be held liable, except in the event of malpractice or serious negligence, for shortcomings in service or malfunctions related to use of the Internet beyond its control and that of its subcontractors.
5. Moreover, Conapi shall not be held liable for damage, losses or costs incurred by the Customer further to failure to fulfil the contract due to circumstances beyond its control, in which case the Customer is only entitled to full refund of the price paid and any related costs incurred.
11. Payment methods
1. Customers shall pay for the products ordered via Paypal.
2. Payment shall include any share of the delivery costs payable by the Customer, in accordance with the offer published on the Website.
3. If the purchase is made by a party with VAT registration, issue of an invoice can be requested during the order procedure, with input of the billing details; in this case, Conapi will send the invoice by email to the address provided in the order. The customer is responsible for the correct entry of the billing data and is specifically informed that if an invoice is not requested when the order is placed, it cannot be requested subsequently.
4. The information provided by the Customer at the time of ordering shall stand for issue of the fiscal document. No changes shall be possible once the fiscal document has been issued. The Customer therefore undertakes to check the data entered when ordering with great care, since they will be used for bookkeeping entries.
12. Termination of the Contract
1. The obligations undertaken by the Customer pursuant to art. 3 above, and the guarantee of the successful collection of the payment to be made by the Customer, are essential conditions, and therefore it is specifically agreed that default by the Customer on just one of the aforesaid obligations shall lead to the termination of the contract as of right under art.1456 of the Italian Civil Code, with no need for formal legal proceedings, while Conapi shall retain the right to take legal action to obtain compensation for any additional damage suffered.
1. Paypal online transactions take place through secure servers with the SSL (Secure Socket Layer) security system. This protocol allows communication by a procedure designed to prevent the hacking, modification or falsification of data.
2. Conapi never gains knowledge of the customer's Paypal account data.
1. Conapi reserves the right to amend these terms and conditions at any time by publishing the updated version on the Website.
2. Any new clauses shall come into effect for purchases made after the date of the amendment.
15. Applicable law
1. This contract is governed by Italian law. For all matters not specifically covered, these terms and conditions incorporate the provisions of Italian Legislative Decree 206/05 as amended and supplemented.
16. Legal jurisdiction
1. All disputes relating to the application, fulfilment and interpretation of this contract, finalised online via the Website, are subject to Italian jurisdiction.
2. The court of the Customer's place of residence or domicile shall have jurisdiction over disputes arising between the Parties with regard to this contract, provided this is in Italy.
3. If the Customer is not resident or domiciled in Italy, the law court of the place of delivery of the goods shall have jurisdiction.
4. In all other cases, Turin Law Court shall have sole territorial jurisdiction, with all other courts excluded.
17. Protection and processing of the Purchaser's personal data
1. Conapi safeguards the confidentiality of its customers' personal data and guarantees that data are processed in accordance with the data protection legislation contained in Italian Legislative Decree no. 1961 of 30 June 2003.
2. The personal and fiscal data acquired directly and/or third parties by Conapi, the data controller, are collected and processed on paper, IT and digital communication media, depending on the processing methods, for the purposes of registering the order and activating the procedures for the fulfilment of this contract and the relative necessary communications, as well as compliance with any legal obligations, and to allow the effective management of the business relationship, to the extent necessary for the optimal provision of the service requested (art. 24, comma 1, subsection b, Italian Legislative Decree 196/2003)2.
3. Conapi undertakes to treat the data and information contributed by the Customer as confidential and not to reveal them to unauthorised persons, to use them for purposes other than those for which they were collected, or to disclose them to third parties. The aforesaid data may only be disclosed on the request of the judicial authorities, or other legally authorised authorities.
4. Personal data will only be disclosed, further to signing of a confidentiality obligation, to parties specifically designated to perform the activities necessary for the fulfilment of the contract, and only within the context of these purposes.
5. The Customer enjoys the rights contained in art. 7 of Italian Legislative Decree 196/2003, and thus the right to obtain:
a) the updating, rectification or, if this is in their interest, the supplementation of the data;
b) the erasure, anonymization or blocking of data that have been processed unlawfully, including data whose retention is unnecessary for the purposes for which they have been collected or subsequently processed;
c) the certification that the operations referred to in points a) and b) have been reported, also with regard to their contents, to those to whom the data have been communicated or distributed, unless this proves impossible or involves a disproportionate effort. The data subject is also entitled to oppose, completely or partially: i) the use of the personal data relating to him/her, for legitimate reasons, even if such use is relevant to the purposes for which they were collected; ii) the use of personal data relating to him/her, in whole or in part, where it is carried out for the purpose of sending advertising materials or direct selling or else for the performance of market or commercial communication surveys.
6. The contribution by the Purchaser of their personal data is a necessary precondition for the correct, speedy fulfilment of this contract. Otherwise, it will not be possible to fulfil the Customer's request.
7. In all cases, the data acquired will be stored for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. In all cases, they will be erased in a secure manner.
18. Contract filing procedure
1. Pursuant to art. 12 of Italian Legislative Decree 70/2003, Conapi informs the Customer that all orders sent are conserved in digital form at the Conapi registered office in a confidential, secure manner.