Terms and Conditions

General Terms and Conditions

Update: March 1st 2024

Foreword

The purpose of these general terms and conditions of sale (hereinafter, the “General Terms and Conditions”) is to regulate the purchase of the Products, as defined below, made remotely and made available, through the Internet, by the website shop.mielizia.com (hereinafter, the “Website”).

The Seller, as defined below, of the Products and owner of the Website is Conapi Soc. Coop. Agricola (hereinafter also referred to as “Conapi”), with registered office in Via Idice 299, Monterenzio (BO), tax code 03486390374, VAT no. 00625981204 and registration with the Companies’ Register of Bologna 294126 - E-mail address e-shop@mielizia.it; tel: +39 0516540411; fax: +39 0516540405; pec [certified e-mail]: amministrazione@pec.conapi.it. The Customer, as defined below, may contact Conapi at the aforementioned addresses and use them for the purpose of carrying out the communications provided for under these General Terms and Conditions. 

Customers who access the Website to make purchases are obliged, prior to placing an order, to read these General Terms and Conditions, which are available on the Website for reproduction and storage.  

The Contract, as defined below, is governed by these General Terms and Conditions as well as, to the extent applicable, by the provisions of (It.) Legislative Decree of 6 December 2005 no. 206, updated to the latest amendments (“Consumer Code”), (It.) Legislative Decree no. 70/2003 on electronic commerce and the provisions of the (It.) Civil Code, for anything not expressly provided for herein.

In the event that the person making the purchase on the Website requires an invoice to be issued and/or is not a “consumer or user”” as defined in Art. 3(1)(a) of (It.) Legislative Decree no. 206/2005, the rules on withdrawal set out in these General Terms and Conditions shall not apply, nor, more generally, will the provisions pursuant to the same (It.) Legislative Decree no. 206/2005 apply only to “consumers”.

The language available to stipulate the contract is Italian.

1. Preamble
The preamble forms an integral and substantive part of these General Terms and Conditions.
Definitions

1. “Customer(s)”: any person who purchases one or more Products through the Website, whether “consumer or user” or “professional”, as defined in Article 3 of the “Consumer Code”. 
2. “Contract(s)”: the contract of sale concerning one or more Products, which is concluded between the Customer and the Seller via the Website, in the manner prescribed in Article 2 below.
3. Seller: Conapi Soc. Coop. Agricola;
4. Products: the products for sale on the Website.

2. Formalisation of the contract
1. The characteristics and price of the various Products for sale on the Website are given on the page relating to each Product.
2. The Contract between Conapi and the Customer is stipulated exclusively by means of the Customer’s access to the Website, where, following the procedures indicated, the Customer will formalise the proposal for the purchase of the Products using remote communication technology via the Internet.
3. The service is active for purchases to be delivered in Italy and in the following EU countries indicated in point 9.
4. The Contract shall be deemed to be stipulated after the application form has been duly filled out and Conapi has consented to the purchase and subsequently confirmed that the purchase order placed by the Customer has been registered by means of a message summarising the order, sent to the e-mail address indicated by the Customer and/or by web screen.
It will be possible for the Customer to identify and correct data entry errors before placing the order with Conapi by following the relevant instructions on the Website.
5. The Contract shall not be deemed to have been concluded and to be effective between the parties in the absence of what is mentioned under the preceding point.
6. Although present on the Website, Products may not always be available or be available immediately. In the event that stocks have run out due to unforeseeable factors or other causes, Conapi undertakes to notify the Customer by e-mail 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/she wishes to confirm the order.
7. Conapi reserves the right not to accept incomplete and/or not duly filled out purchase orders by notifying the Customer by e-mail to the e-mail address indicated by the Customer and/or by web screen.
8. Graphical representations of the Products are merely indicative and may sometimes differ from reality. The regionality of the Products may vary depending on availability. The Customer is invited to read the technical data sheets of the Products, paying particular attention to what is described therein for the purpose of Product selection and purchase. In any case, it is emphasised that, where differences are found, the label and the directions for use of the Product supplied with it shall always prevail. 

3. Obligations of the Customer
1. The Customer undertakes to read and accept these terms and conditions.
2. The Customer undertakes, once the online purchase procedure has been completed, to print out and/or keep these terms and conditions, which, moreover, he/she will have already viewed and accepted as an obligatory step in the purchase.
3. The Customer is strictly prohibited from entering false and/or invented data when registering on the Website, or when filling in the application form for the formalisation of the contract referred to in Article 2 above. The personal data and e-mail address must also correspond exclusively to the Customer’s own personal data and not to those of third parties.
4. The Customer declares that he/she is of legal age. 

4. Delivery timeframes and methods
1. Conapi shall deliver to the Customer, at the address indicated by the Customer and by express courier, the Products selected and ordered by the Customer.
2. Except in cases of force majeure or unforeseeable circumstances, deliveries shall take place within approximately 5 working days, 7 working days for the islands, from the date Conapi sends the purchase order confirmation. No deliveries are made on Saturdays and public holidays. 
3. Once the Products have been shipped, the Customer will receive a confirmation e-mail including a link to refer to for tracking the shipment.

5. Damage in transit
1. Should the Customer notice damage to the outside of the packaging or a discrepancy in the number of packs, he/she 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 in pen on the waybill the Courier will ask him/her to sign as receipt for the delivery. The Customers who has accepted the package subject to checking and subsequently discovered damage to the product must, within 8 days of delivery, report the damage by sending:
a) an e-mail or pec [certified e-mail] to the addresses indicated in the Foreword; 
b) a registered letter with return receipt to Conapi, Consorzio Apicoltori ed Agricoltori Biologici Italiani, Società Cooperativa Agricola, Via Idice no. 299 - 40050 Monterenzio (BO). It is specified that the costs and expenses of registered mail will be borne by the Customer and will not be reimbursed by the Seller;
c) by telephone by contacting Conapi’s customer service at the number given in the foreword.

In the aforementioned communications, the Customer must specify not only the reason for the complaint but also the order number of the purchase and the tax documentation.
2. Should the Customer discover damage to products caused in transit but not visible from the outside, or a discrepancy in the number of products received, he/she must report the damage, in the former case within 8 days from discovery of the problem and in the latter within 8 days from delivery, by sending a communication by the means mentioned above. In addition to the reason for the complaint, the Customer must also specify the order number of the purchase and the tax documentation.
3. If the Customer does not act in the manner and within the time limits set out in points 1 and 2 above, he/she shall forfeit the right to replacement or refund.
4. Following the complaint lodged by the Customer, Conapi will 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 replace it 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 buyer for any conformity defects present on delivery of the goods.
2. Products have a two-year legal warranty covering conformity defects pursuant to Articles 128et seq. of (It.) Legislative Decree 206/2005 as amended and supplemented  .
3. The warranty is reserved for consumers as defined by (It.) Legislative Decree no. 206/2005 as amended and supplemented.
4. The legal warranty only covers the replacement of goods that do not conform to the contract of sale, 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 foodstuff’s producer on the Product’s 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.
5. In the event that the Customer encounters conformity defects, he/she must report the damage by sending a notice by one of the methods indicated in Article 5 above. In addition to the reason for the complaint, the Customer must also specify the order number of the purchase and the tax documentation.
6. In the event of a conformity defect duly reported within the stated deadlines, the buyer will 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 minor 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
7. Conapi reserves the right to verify the existence of the conformity defect.
8. Conapi reserves the right to notify the buyer of whether it intends to collect the defective product from the latter’s address.
9. The operating times for activation of the warranty will vary depending on the type of Product and the nature of the defect.
10. 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 exercise one of the alternative remedies provided by law (termination of the contract or reduction of the price paid taking into account any use of the goods). 

7. Right of withdrawal
1. The Customer shall have the right to withdraw from the Contract for any reason and without penalty within a period of 14 days from the day on which the Customer or a third party other than the carrier and designated by the Customer acquires physical possession of the last item, if the information requirements set out in Art. 49 of (It.) Legislative Decree no. 206/2005 and subsequent amendments are met.
2. In the event that the Seller has not fulfilled the information obligations pursuant to Article 49(1)(h) of the Consumer Code, the deadline for exercising the right of withdrawal pursuant to Article 53 of the Consumer Code ends 12 months after the end of the initial withdrawal period pursuant to Article 52(1) of the Consumer Code. The latter period shall also apply in the event that Conapi provides incomplete or incorrect information that does not permit the proper exercise of the right of withdrawal.
3. The right of withdrawal must be exercised by the Customer by sending written notice by pec [certified e-mail] or registered letter with return receipt or by e-mail to the addresses indicated in the foreword. Conapi will not reimburse costs and expenses related to registered mail. If the Customer transmits the declaration of withdrawal by e-mail, confirmation of receipt will also be sent by e-mail.
4. The notice must 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 must 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/she wishes the sums paid to be refunded.
5. In order to comply with the withdrawal period, it is sufficient to send the communication concerning the exercise of the right of withdrawal before the end of the withdrawal period.
6. Once the notice of withdrawal has been received, Conapi shall inform the Customer of the address to which the Products to be returned should be sent and the authorisation to return 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 must ship returned goods by Courier or deliver them to the Vendor or a third party authorised thereby within 14 days after notification of withdrawal from the contract to Conapi. On receipt of the Products, or once the buyer 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. If the right of withdrawal is exercised within the fourteen days pursuant to Article 52 of the Consumer Code, the costs incurred by the Customer in returning the products to Conapi shall be borne by the Customer.
9. In the event the right of withdrawal is exercised within 14 days pursuant to Article 52 of the Consumer Code, the integrity of the goods to be returned is an essential condition.
10. In the event that the right of withdrawal is exercised within 14 days pursuant to Article 52 of the Consumer Code, Conapi will reimburse the sums paid by the Customer within 14 days from the day on which it is informed of the Customer’s decision to withdraw from the Contract using the same form of payment as was used by the Customer for the initial transaction, unless otherwise expressly agreed with the Customer.
11. The refund may be put on hold until receipt of the goods or until the Customer proves that he/she has returned the goods, if this occurs earlier.
12. The right of withdrawal is excluded in the following cases:
(i) order of Products that are liable to deteriorate or expire rapidly;
(ii) order of sealed Products that are not suitable for return for hygienic or health protection reasons or that have been opened after delivery.

8. Prices
1. All sales prices of the Products displayed and indicated on the Website constitute an offer to the public pursuant to art. 1336 of the (It.) Civil Code.
2. The Customer will pay Conapi for the Products purchased the price indicated in the online catalogue at the time the Customer placed the order. This price will be in Euro and will include VAT and will not include shipping costs, as better regulated in Article 9 below.
3. Product shipping costs, if payable by the Customer, will 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 the Products may be updated and are therefore subject to change on a daily basis.
5. There are no minimum amounts to place an order.
6. Any promotions offered are valid until stocks of the Products themselves are exhausted and/or until the date indicated in the promotions notices or on the Website.

8-B. Discount Codes

Discount codes (indicated as “voucher”, “coupon” or similar) cannot be combined. The validity of discount codes is limited to the expiry date possibly indicated.
Shipping costs will be charged according to the amount resulting from the difference between the value of the goods and the amount of the discount code.
Discount codes do not apply to products on offer, on promotion or at a discounted price.

8-C. Prepaid cards 
Prepaid gift cards (hereinafter referred to as “Cards”) can only be purchased on shop.mielizia.com in pre-fixed amounts. They are valid and to be spent only on shop.mielizia.com, for 12 months from the date of issue. 
At the same time as purchasing the Card, an alphanumeric code will be sent to the recipient indicated by the buyer. The recipient - after registering on the Website - may use the Card by entering the alphanumeric code in the “Discount Code” box on the cart page and clicking the “Add” button. 
The Card can be used for an unlimited number of purchases until the credit has been used up.
In the event of partial use of the credit, the Customer will receive an e-mail at the end of the order with a new alphanumeric code replacing the previous one, equal to the remaining amount. The code, and its amount, will be visible on the Website in the Customer’s private area.

9. Shipping costs
Shipping costs in Italy amount to €7 and will be borne by Conapi for amounts over €35.00. 
Purchases below this amount will remain the customer’s responsibility.
For deliveries outside Italy, the costs are entirely borne by the customer and shipments are made to the following EU countries: Austria, Balearic Islands, Belgium, Luxembourg, Bulgaria, Corsica, Croatia, Denmark, Eire, Estonia, Finland, France, Germany, Greece, Croatian Islands, Greek Islands, Portugal Islands (Madeira, Azores), Latvia, Lithuania, Netherlands, Poland, Portugal, Czech Republic, Romania, Slovakia, Slovenia, Spain, Sweden, Hungary. 

View shipping costs

10. Liability
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. Events of force majeure include (but are not limited to) pandemics, 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 Conapi assumes no liability for fraudulent use by third parties of the credit card data provided by the Customer.
4. Conapi may 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 will not be held liable for damage, losses or costs incurred by the Customer further to failure to fulfil the contract due to circumstances beyond the control thereof, in which case the Customer is only entitled to full refund of the price paid and any ancillary costs incurred.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. The Customer will pay for the ordered Products by Paypal and credit card.
2. Payment will include the cost of the shipping contribution, where applicable, to be borne by the Customer, in accordance with the terms of 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 e-mail 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 will stand for issue of the fiscal document. No changes will 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 book keeping entries.

12. Termination of the Contract 
1. The obligations assumed by the Customer in 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 will lead to the termination of the contract automatically under Art.1456 of the (It.) 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.

13. Security
1. Paypal on-line transactions are carried out via secure servers using the SSL (Secure Socket Layer) protection system. This protocol allows communication by a procedure designed to prevent the hacking, modification or falsification of data.
2. Conapi is never aware of the Customer’s Paypal account data.

14. Amendments
1. Conapi reserves the right to amend these General Terms and Conditions at any time by publishing the updated version on the Website.
2. Any new clauses will be effective for purchases made after the date of the amendment.

15. Applicable law
1. These General Terms and Conditions are governed by Italian law.

16. Jurisdiction 
1. Any dispute relating to the application, performance, interpretation of these General Terms and Conditions and of the Contract concluded online through the Website shall be subject to Italian jurisdiction.
2. Any disputes arising between the Parties in connection with these General Terms and Conditions and the Contract shall be settled by the courts of the place of residence or domicile of the Customer if located in the territory of the Italian State.
3. If the Customer’s residence or domicile is not located in the territory of the Italian State, the competent court shall be the court of the place where delivery of the goods took place.
4. In all other cases, the territorial jurisdiction is exclusively that of the Court of Turin, any other jurisdiction being excluded.
5. The consumer within the meaning of the Consumer Code may refer to the dispute resolution portal of the European Commission, the link to which is published on the Website. 

17. Information Statement on Privacy 
1.Conapi, with registered office in Via Idice 299, Monterenzio (BO), tax code 03486390374, VAT number 00625981204 and Bologna Companies’ Register no. 294126, pursuant to Art. 13 of Regulation (EU) no. 679/2016 (“GDPR”), in its capacity as Data Controller pursuant to Article 4, no. 7 of the GDPR, provides the Customer with the following information on the processing of his/her personal data.
2. The Company may process the Customer’s personal data, by which is meant “any information relating to a natural person ... in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person” as defined by Art. 4, n.1, of GDPR, necessary for the performance of the Contract (“Data”). Processing will in any case be based on principles of fairness, lawfulness and transparency and will be carried out with the help of tools and procedures that avoid the risk of loss, unauthorised access, unlawful use and dissemination.
3.  The Data will be acquired directly with the registration of the account on the Website - which may also take place through the Social Network Facebook - or with the completion of the form referred to in art. 2 para. 4 of these General Terms and Conditions and/or via third-party sites by the Controller. The provision of his/her Data by the Customer is optional but is a necessary condition for the proper and timely performance of the Contract. Failing this, the Customer’s request cannot be processed. 
4. The processing of Data is carried out by means of the operations indicated in Art. 4 no. 2, of the GDPR, including collecting, recording, organising, structuring, storing, adapting or modifying, extracting, consulting, using, communicating by transmission, disseminating, erasing or destroying. Such processing may be carried out both in paper and electronic and telematic form for the purposes relating to and preparatory to the conclusion of the Contract pursuant to Art. 6 para. 1(b) of the GDPR and the necessary communications, as well as the fulfilment of any legal obligations pursuant to Art. 6(1)(c) of the GDPR, as well as to enable effective management of business relationships and for the monitoring, planning and verification of production activities to the extent necessary for the pursuit of the legitimate interest of the Data Controller pursuant to Art. 6(1)(f) of the GDPR. The Data may possibly be used for commercial communications, sending newsletters, for marketing purposes if the Customer gives his explicit consent on the Website. 
5. Conapi undertakes to treat the data and information contributed by the Customer as confidential and not to reveal them to unauthorised persons, use them for purposes other than those for which they were collected, or disclose them to third parties. Your Data will only be disclosed to third parties with your express consent, except in cases where disclosure is obligatory by law or necessary for the purposes provided for by law and/or at the request of the Judicial Authority or other Authorities authorised by law.
6. The personal data may only be disclosed to parties (employees and collaborators of the Controller) delegated to carry out the activities necessary for the purposes set out in paragraph 4 of this Article. The Data may be disclosed to third parties located in countries outside the European Union. In this case, Conapi guarantees that such a transfer will only take place in accordance with the principles expressly laid down in the GDPR so as to adequately protect them.
7. With regard to the Data, the Customer may exercise the rights under Art. 15 et seq. of the GDPR, as set out below:
7.1. Right of Access to the following information (Art. 15 of the GDPR):

• The purposes of the processing;

• The categories of personal data in question;

• The recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;

• Where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;

• The existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;

• The right to lodge a complaint with a supervisory authority.

7.2 Right of Rectification, by which is meant (Art. 16 of the GDPR):
- correction of inaccurate Data concerning the Customer without undue delay,
- supplementation of incomplete Data, including by providing a supplementary declaration;
7.3 Right to Erasure of Data concerning the Customer without undue delay, if (Art. 17 of the GDPR):
- the Data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
- consent is revoked and there is no other legal basis for the processing,
- the Customer objects to the processing and there is no overriding legitimate reason to proceed with the processing;
- the Data have been unlawfully processed;
- the Data must be erased in order to comply with a legal obligation;
- the Data were collected in relation to the provision of information society services.
7.4 Right to Restriction of processing (Art. 18 of the GDPR):
The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies: 
- the accuracy of the Data is contested by the Customer, for a period enabling the Controller to verify the accuracy of such Data;
- where the processing is unlawful and the Customer opposes the erasure of the Data and requests the restriction of their use instead;
- when the Data are required by the Customer subject for the establishment, exercise or defence of legal claims, although the controller no longer needs them for processing;
- if the Customer objects to the processing by virtue of the right to object under Art. 21 of the GDPR;
7.5. Right to be notified in case of rectification or erasure of personal data or restriction of processing (Art. 19 of the GDPR);
7.6. Right to Data Portability (Art. 20 of the GDPR), i.e. the right to receive the Data concerning the Customer in a structured, commonly used and machine-readable format and transmit those Data to another controller, where: the processing is based on the Customer’s express consent for one or more specific purposes or takes place by reason of a contract signed with the Customer and the processing is carried out by automated means;
7.7 The right to object, on grounds relating to his or her particular situation, at any time to processing of Data concerning him or her which is based on point f) of Article 6(1), including profiling based on those provisions. The Controller shall no longer process such data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the Customer or for the establishment, exercise or defence of legal claims.
7.8 The right to lodge a complaint with a supervisory authority if the Customer considers that he/she has not been granted the above-mentioned rights.
8. To exercise the aforementioned rights, the Customer may contact the Data Controller by sending an e-mail, pec [certified e-mail] or contacting the telephone number indicated in the foreword. 
9.In any case, the data acquired will be retained for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. Their removal will, however, be done safely in accordance with the law.

18. Arrangements for archiving the contract
1. Pursuant to Art. 12 of (It.) Legislative Decree no. 70/2003, Conapi informs the Customer that every order sent is stored in digital form at Conapi’s premises in accordance with criteria of confidentiality and security.