TERMS AND CONDITIONS
Terms and Conditions of sale SUGAR FREE COMPANY S.R.L.
When you browse our website, enter information spontaneously or buy one of our products online, you implicitly declare that you accept the General Conditions of use of this site. In the event that you do not intend to accept these General Conditions, it is sufficient that you refrain from browsing the pages of this Site. The purpose of this information is to describe the General Conditions of use of the site www.xilita.com hereinafter referred to as “General Conditions” , owned by SUGAR FREE COMPANY Srl, with headquarters in via Po, 63 – Rozzano (MI) ITALY.
As with any purchase, terms and conditions are also provided for transactions made in the XILITA.IT online store, these Terms apply to the sales contract stipulated between you and SUGAR FREE COMPANY S.R.L.
Section 1 – Definitions
1.1. The term “Online Sales Contract” means the purchase and sale contract relating to the Supplier’s movable tangible assets, stipulated between them and the Buyer as part of a remote sales system through telematic tools, organized by the Supplier.
1.2. The expression “Buyer” means the natural person who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity carried out.
1.3. The expression “Supplier” means the person as identified above or the person who sells the goods through the website indicated in the following article.
Section 2 – Object of the contract
2.1. With this contract, the Supplier sells and the Purchaser remotely purchases, via telematic tools, the tangible movable property presented and offered for sale on the website www.xilita.it.
2.2. The products referred to in the previous point are illustrated, with specific and detailed indication of their characteristics, in the section of the web portal accessible at the address: www.xilita.it/shop.
Methods of stipulating the contract
3.1. The contract between the Supplier and the Purchaser is concluded exclusively through the Internet in remote electronic mode, by accessing the Purchaser at the web address www.xilita.it, where, following the procedures indicated therein, the Purchaser formalizes the purchase of the goods referred to in point 2.1 of the previous article.
Section 4 – Conclusion and effectiveness of the contract
4.2. When the Supplier receives the order from the Buyer, he sends a confirmation e-mail or displays a web page confirming and summarizing the order itself, which also shows the recalled data in the previous point.
Section 5 – Methods of payment and reimbursement
5.1. Payment by the Purchaser can only be made by means of one of the methods indicated in the purchase procedure by the Supplier.
5.2. Any refund to the Buyer will be credited using the same payment method chosen by the same at the time of placing the order. The Supplier, in the event of exercising the right of withdrawal, will then refund the purchase price immediately after receiving the return of the sold goods and verifying the state of the same. The shipping costs incurred for the return of the goods remain the responsibility of the Buyer.
5.3. 5.3. All communications relating to payments take place using third-party encryption systems to protect the transactions carried out (eg Stripe).
Section 6 – Delivery times and methods
6.1. The Supplier will deliver the selected and ordered products, according to the methods chosen by the Buyer or indicated on the website at the time of the offer of the goods, as confirmed in the email referred to in point 4.2.
6.2. Shipping times may vary from the day following the order to a maximum of 30 (thirty) days from the confirmation of the order, as required by current legislation. In the event that the Supplier is unable, for whatever reason, to ship within this period, it will promptly notify the Buyer by e-mail sent to the address provided by the latter during the purchase procedure.
6.3. At the time of delivery, the Purchaser is required to verify that: a) the number of packages delivered corresponds to what is indicated in the transport document attached to the goods shipped; b) the packaging is intact and not altered even in the closing tapes if present.
In the event that the delivered goods show any damage presumably caused by transport, the Buyer may refuse the delivery and immediately notify the Supplier, who will make the necessary complaints to the shipper.
In the event that the customer still decides to accept the goods in delivery, despite the packaging being seriously damaged and / or tampered with, in order to safeguard his rights he will have to challenge the courier for the unsuitability of the package, putting the writing “RESERVE OF GOODS CONTROL DUE TO… ”(indicating the reason for the reservation in question) on the delivery document, of which he must keep a copy.
Section 7 – Prices
7.1. All product sales prices are indicated on the web address www.xilita.com, are expressed in euros and constitute an offer to the public pursuant to Section 1336 of the Italian Civil Code.
7.2. The sales prices referred to in the previous point include VAT and any other tax. Shipping costs and any additional charges, if any, although not included in the purchase price, are indicated and calculated in the purchase procedure before placing the order by the Buyer and contained in the summary web page of the order, as well as in the summary e-mail sent following the conclusion of the purchase procedure.
7.3. The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalog. Any promotional offers are specifically indicated and marked on the site with the words “promotional offer”, “product on promotion” or by equivalent names.
Section 8 – Availability of products
8.1. The Supplier ensures through the electronic system used the processing and fulfillment of orders without delay. For this purpose, it indicates in real time, in its electronic catalog, the number of products available and those not available, as well as the shipping times.
8.2. If an order exceeds the available quantity, the Supplier, by e-mail, will inform the Buyer if the good is no longer bookable or what are the waiting times to obtain the chosen good, asking if it intends to confirm the order. or less.
8.3. The Supplier’s computer system will confirm the successful registration of the order as soon as possible by forwarding a summary e-mail to the Purchaser, pursuant to point 4.2 ..
Section 9 – Limitation of liability
9.1. The Supplier assumes no responsibility for disservices attributable to force majeure or unforeseeable circumstances.
9.2. The Supplier cannot be held liable to the Purchaser, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the Internet outside of its own control or that of its sub-suppliers.
9.3. The Supplier will also not be liable for damages, losses and costs incurred by the Buyer as a result of the failure to execute the contract for reasons not attributable to him.
9.4. The Supplier assumes no responsibility for any fraudulent or illegal use that may be made, by third parties, of credit cards, checks and other means of payment, for the payment of the products purchased, if it proves that it has adopted all the possible precautions based on the best science and experience of the moment and based on the ordinary diligence required.
Section 10 – Obligations of the Supplier for defective products, proof of damage and refundable damages
10.1. The Supplier cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product to an imperative legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the time in which the manufacturer has put the product into circulation, it still did not allow to consider the product as defective.
10.2. No compensation will be due if the injured party was aware of the product defect and the resulting danger and nevertheless voluntarily exposed himself to it. Likewise, defects resulting from the bad and / or incorrect use of the purchased goods, from external causes (e.g. bumps, falls, etc.), from carelessness and improper use, are not attributable to the Supplier’s responsibility.
10.3. In any case, the injured party must prove the defect, the damage, and the causal connection between defect and damage.
Section 11 – Obligations of the Buyer
11.1. The Buyer undertakes to pay the price of the purchased goods within the times and methods indicated in the contract.
11.2. Once the online purchase procedure has been completed, the Buyer undertakes to print and keep this contract received by e-mail attached to the purchase order confirmation.
11.3. The information contained in this contract has, however, already been viewed and accepted by the Buyer – who acknowledges it – before confirming the purchase, through electronic procedures.
Section 12 – Right of withdrawal and Returns
The Purchaser has in any case the right to withdraw from the stipulated contract, without paying any penalty and without specifying the reason, within 2 hours after the order by sending an e-mail to email@example.com .
After you tell us your intention to cancel, you will receive a refund based on the original payment method.
The right of return does not apply to customized products.
Section 59 of the Consumer Code provides that there are some types of distance purchases for which the right of withdrawal remains completely excluded. This type of purchase also includes the supply of customized or tailor-made goods.
To protect Buyers and for hygienic reasons, it is not possible to return food products which cannot be adequately preserved.
Pursuant to Section 59, paragraph 1, d) and e) of Legislative Decree 6 September 2005, n. 206 (Consumer Code), the right of withdrawal is excluded in relation to:
a) Goods purchased by a non-consumer User and / or who requires an invoice;
b) Assets that are likely to deteriorate or expire rapidly; And
c) Sealed goods which cannot be returned for hygienic reasons or related to health protection and which have been opened after delivery.
Section 13 – Protection of confidentiality and processing of the Buyer’s data
13.1. 13.1. The Supplier protects the privacy of its customers and guarantees the compliance of the processing of personal data with the provisions of the legislation on privacy pursuant to Legislative Decree 30 June 2003, n. 196 and EU Regulation 2016/679 (“GDPR”).
Section 14 – Information sent by users
In the event that the user provides us with personal data of third parties, he guarantees that he has previously received their consent to communicate the data and assumes all related responsibility. This specification includes all data provided voluntarily by the user: those voluntarily provided by the user when registering on the site, sending e-mail messages to the addresses indicated, subscribing to the Newsletter or forwarding requests via the Contact form, which entail the subsequent acquisition of the sender’s address and any additional personal data included in the message or communicated at the time of account registration (such as, by way of example, name, surname, sex, place and date of birth, tax code, VAT number, e-mail, telephone number, residential and billing address).