Terms and Conditions

GENERAL CONDITIONS OF SALE, SHIPPING AND RETURNS

*

Below are the General Conditions of Sale, Shipping and Returns which indicate, in compliance with current regulations, the terms and conditions that govern the purchase of products Grandma Silvi on the site www.nonnasilvi.com (hereinafter the “Website”), managed by the company Grandma Silvi S.r.lBenefit Corporation, in the person of its legal representative pro tempore, with registered office in Via delle Cascine, 1/a – 50051 Castelfiorentino (FI), P.IVA And C.F. 07347870482, registration at R.E.A. from the C.C.I.A.AFlorence n. FI-697257, PEC nonnasilvisrl@pec.it (hereinafter the “Salesperson”).

The user or users of the Site who make purchases on the same (hereinafter the "Buyer” or the “Buyers”) accept and give their consent to all the conditions contained in this document (hereinafter “General conditions”).

TERMS OF SALE

The sale of the products contained in the virtual catalogues on this Site (hereinafter "Products”) is governed by the following General Conditions, formulated in accordance with the legislation on contracts concluded outside commercial premises, which concern Buyers who can also be classified as Consumers, pursuant to the Italian and European legislation in force at the time of purchase. In particular, any sale on the Site constitutes a distance contract governed by the Consumer Code (D.lgs. 206/2005 and subsequent amendments).

Buyers on the Site are divided into two categories:

• “Consumers”, that is, those who purchase outside of their professional, business or work activity and are subject to Italian and European legislation for the protection of consumers;
• “Clients”, that is, those who either) purchase outside of their professional, business or work activity and Not are subject to Italian and European legislation for the protection of consumers, or ii) purchase and act for purposes related to their own business activity, or their possible intermediaries.

It follows that, unless otherwise indicated, these General Clauses regulate the sales made by all Buyers, without prejudice to the prevalence of mandatory Italian and European consumer protection regulations.

The General Conditions apply to all sales made on the Site, without any exceptions: the Site prevents purchases if Buyers have not first read the General Conditions.

The time periods indicated on the website or in the General Conditions are to be understood as terms for working days, and therefore exclude Saturdays, Sundays and other public holidays.

Buyers are required to read the General Conditions and other legal documents published on the Site before making purchases and are also invited to download a copy.

CONTRACTORS

The sales contract is concluded between the Seller and the Buyers.

The Contract is deemed concluded when the Buyer completes the order process and, specifically, when the Seller receives payment confirmation from the payment service chosen by the Buyer, which independently manages the related procedure. Please note that, if the Buyer chooses bank transfer as the payment method, the sales contract will be deemed concluded only upon actual receipt of the payment and not upon the user's simple submission of the bank transfer receipt.

The application of any other contractual conditions is excluded, even if not expressly disavowed by the Seller.

The Seller undertakes to keep the products sold on the Site updated to reflect their actual availability. During particular periods of the year, including but not limited to those preceding or coinciding with national or international holidays or other promotional events of the Seller, the Site may receive more orders than the actual stock availability. In such an event, the Seller will process orders strictly in the order received, promptly informing the Buyer of the need to postpone the shipment and delivery of the ordered goods by a few days.

The Seller reserves the right to cancel and withdraw from a sale in the event that the Buyer:

• is a person with whom a legal dispute is underway;
• is a person who has previously violated the Terms and Conditions;
• either a person who, in order to complete the purchase, has communicated false, incomplete or inaccurate data and has not remedied these circumstances by providing the documentation requested by the Seller.

In the aforementioned cases, the Seller will refund any sums already paid by the Buyer.

The Seller advertises the products for sale on the Site, indicating the ingredients and allergens present in each product. This information is also included on the product labels. In any case, it is the Buyer's responsibility to verify, before purchasing any product on the Site, that the chosen product is compatible with the health status or suitable for consumption, in the event of any medical conditions, of the buyer or the person receiving the products. The Seller is in no way responsible for any damages resulting from the consumption of the products sold on the Site due to such failure to verify by the Buyer and/or the person to whom the products were actually delivered or sold by the Buyer.

APPLICATION OF THE GENERAL CONDITIONS OF SALE

The General Conditions become binding on Buyers upon acceptance of the same on the website by clicking the appropriate box before submitting the purchase order. Specifically, the transmission of the purchase order is disabled until the General Conditions have been expressly accepted.

To this end, Buyers are invited to carefully read the General Conditions, expressly requesting them to download, save, reproduce, and/or print a copy. To confirm receipt and acceptance of the order, the Seller will also send Buyers a specific email, including a link to and/or a copy of the General Conditions.

For any further information, Buyers can consult the General Conditions on the site, on the dedicated page and, furthermore, they can contact the site's customer service at the e-mail address nonnasilvicommerciale@gmail.com

The Seller reserves the right to modify the General Conditions at any time. Changes and updates to these General Conditions will indicate their effective date, will be published on the website, and will be brought to the attention of Buyers and other users subscribed to newsletter and update services according to the usual practices. In any case, they will only apply to purchases made on the Website after the updates come into effect.

Any changes and updates will also be in line with current Italian and European consumer protection legislation.

DESCRIPTION OF THE PRODUCT SALE METHODS

The sale of Products on the Site takes place through the photographic representation of the products, their description, and the indication of the relevant ingredients and allergens.

The photographic representations are for representative purposes only and are not intended as an exact reproduction of the final form of the purchased Product which, therefore, may also differ from its actual appearance.

On the contrary, the information on the package contents, ingredients and allergens and the pricing conditions, discounts and available options are to be considered accurate.

No registration or reserved area is required to purchase on the Site. The sales process allows Site users to temporarily save (and for the duration of any cookies accepted by the user) the selected products in a shopping cart. From the shopping cart, the user can then begin the purchasing process and complete the sale, via an automated redirect to the third-party payment service website chosen by the Site user.

The Seller reserves the right to discontinue the availability of certain products at any time and/or to modify their characteristics, ensuring that the relevant pre-contractual information is promptly updated. The Seller also reserves the right to update the offering on the Site at any time by modifying the range or number of products.

PURCHASE ORDER

Each purchase order received by the Seller contains information regarding the Product code, its description, quantity, address and name of the recipient provided by the Buyer, as well as the data for issuing any invoice requested by the Buyer.

The Site's ordering procedure allows the Buyer to correct data entry errors before submitting the purchase order.

To confirm payment, the Seller will send the Buyer a summary email to the email address provided during registration. In the case of bank transfer, the Seller will send the user a summary of the order placed on the Site. In this case, the sale is considered finalized only when the due amount is credited to the Seller's bank account.

ORDER CANCELLATION BY THE SELLER

The Seller reserves the unquestionable right to cancel and withdraw from the sales contract in the event that the purchase is completed by minors or by persons subject to limitations of their capacity to act.

In these cases, the Seller will refund any sums already paid by the Buyer, without prejudice to the right of the parents or whoever exercises parental responsibility over the minor or other administrative, guardianship, or curatorship role to confirm the purchase.

In any case, upon receipt of the refund, the Buyer or the persons named above will not be entitled to any other compensation or reimbursement.

EXECUTION OF THE ORDER BY THE SELLER

The Seller undertakes to ship the products ordered by the Buyer within the timeframes advertised on the Site prior to the actual purchase; in the event of particular or exceptional circumstances, the Seller undertakes to notify the Buyer of the specific problems without delay and in any case no later than 7 (seven) days from the day following the day on which the Buyer sent the order, providing information on the new shipping and delivery date.

In such circumstances, the Buyer is free to request cancellation of the purchase and the refund of any sums already paid, or to replace the purchased products with others.

In the event of permanent unavailability of a Product, the Seller will promptly inform the Buyer and refund him if payment has already been made.

In any case, upon receipt of the refund, the Buyer will not be entitled to any other compensation or reimbursement.

PRICES, CURRENCY, SHIPPING

The price of the Products is the one published on the Site and in effect at the time the purchase order is submitted by the Buyer. The prices of the Products published on the Site include standard packaging and/or wrapping and VAT (except for non-EU countries), the rate of which is determined based on the type of Product. Prices do not include shipping and delivery costs. All such costs (e.g., for delivery or any special packaging/wrapping), not included in the prices of the Products published on the Site, will be indicated separately in the order summary and confirmed in the purchase order summary email sent by the Seller.

Furthermore, for deliveries to countries other than Italy and other Member States of the European Union, to Campione d'Italia, Livigno, the Channel Islands and the Canary Islands, the prices of the Products published on the website are always understood to be exclusive of:

• any taxes and/or sales duties;
• any taxes and/or customs duties;
• any other tax and/or charge applicable to the delivery of the Products ordered.

The Buyer will be responsible for paying all applicable taxes and customs duties in the country of delivery of the Products. Any and all charges or costs related to customs clearance of the delivered Products will be the sole responsibility of the recipient of the delivery.

The price of the products is expressed in Euros (€) and the Seller accepts purchases made only in this currency: in the case of purchases from countries that do not use the Euro, any costs relating to the exchange rate will be borne exclusively by the Buyer.

Any invoices requested will be issued only in Euros.

PAYMENT MANAGEMENT METHODS

The Site allows the user to choose between two methods of checkout and initiation of the payment process:

• fast check-out via Paypal, Apple Pay, Google Pay services
• manual entry of the Buyer's data and the recipient of the ordered products.

The actual payment takes place through the payment platform chosen by the user among:

• Shopify/Stripe
• PayPal
• Fast check-out service

In all of the above cases, the payment process is completed by the user after exiting the Site and automatically redirected to the website of the chosen provider. The Seller is therefore not responsible for the operation of these payment service platforms and their related policies and merely receives confirmation from these service providers of successful payment according to the terms and conditions applicable to each payment method preferred by the Buyer.

SHIPPING AND DELIVERY METHODS

The Seller issues a sales document for the shipped material.

Deliveries are made to the address indicated by the Buyer when completing the order form. For the invoice, if requested, the information provided by the Buyer at the time of ordering will be used. The Buyer may, however, request a copy of the invoice or receipt within _____ of its issuance.

Except for special promotions specifically indicated on the Site, shipping costs are the responsibility of the Buyer and are indicated to the user at checkout and when placing the order. Since shipping costs are not set by the Seller, but communicated to the Seller by the Shipping Agent, the shipping cost may be subject to change or specification, which will be communicated promptly to the Buyer prior to shipment.

The Seller cannot be held responsible for any delays in processing the order or in delivering the ordered goods. Upon delivery, the Buyer is required to check that:

• the packaging is intact, not damaged, not wet, or in any way altered;
• the number of packages corresponds to that indicated in the transport document.

Any damage to the product or packaging or any discrepancy in the indications or missing packages must be immediately reported to the courier by writing “Control reserve" on the courier's proof of delivery and sending a corresponding communication to the Seller. Once the courier's document has been signed without reservations, the Buyer will not be able to raise any objections regarding the external characteristics of the delivered goods.

For orders directed to Switzerland, any Customs duties, taxes and customs clearance costs are the sole responsibility of the customer.These costs are not included in the price and will be required by the relevant authorities upon importation into the recipient country. The Seller is not responsible for these additional charges and cannot predict their amount.

DISCLAIMER

The Seller undertakes to correct any errors in the descriptions of the products offered on the Site as quickly as possible after they are reported.

The Seller is not responsible for any damages of any kind resulting from improper use of the product and/or use that does not comply with its intended use and any instructions provided, nor for any damages resulting from unforeseeable circumstances or force majeure.

The Seller shall not be liable for any loss of revenue, profits, data or any other indirect damage of any nature arising from or in any way connected to the contracts subject to the General Conditions.

In any case, the Seller's liability may not exceed the total value of the purchase order.

Under no circumstances may the Seller be held liable for failure to fulfill any of its obligations under the contracts subject to the General Conditions in the event that the failure is caused by fortuitous event and/or force majeure.

INTELLECTUAL PROPERTY

All content on the Site, including images, drawings, graphics, colors, logos, fonts, and any other content, is the property of the Seller and is protected by copyright and related rights and any other intellectual or industrial property rights. The trademarks on the Site are the property of the Seller. The Buyer may store, print, and display the content provided solely for personal use. It is not permitted to reproduce, publish, modify, distribute, or communicate to the public, in any format, any content or copies of the content provided to users or appearing on the Site, nor may any such content be used in connection with any commercial activity or enterprise. No license or authorization is granted to use the Seller's trademarks or other intellectual property rights.

This clause applies to all users of the Site, regardless of whether they make purchases.

LEGAL GUARANTEE FOR CONSUMERS ONLY

The legal guarantee can only be asserted by Consumers, i.e., by those who did not purchase the products as part of their business, craft, or professional activity, including any intermediaries of such parties.

The purchased products are accompanied by a legal guarantee, provided for by articles 128-135 of the Consumer Code, which covers manufacturing defects and defects in conformity of the products themselves that appear within 2 (two) years from the date of delivery of the product.

To benefit from the guarantee, the Consumer must report the defect within 2 (two) months of its discovery.

Unless proven otherwise, any defects of conformity that become apparent within six months of delivery of the Product are presumed to have already existed on that date, unless this is incompatible with the nature of the Product or the nature of the reported defect of conformity. From the seventh month inclusive, starting from delivery of the Product, the burden of proof falls on the consumer to prove that the defect of conformity already existed at the time of delivery of the Product.

To benefit from the legal guarantee, the consumer must provide proof of the date of purchase and delivery of the Product. Consumers are therefore advised to retain the purchase invoice and any documents certifying the date of purchase and delivery for proof purposes.

In the event of termination of the contract, the Seller will refund the consumer the amount paid, including the price of the Product, shipping costs, and any additional costs. In the event of a price reduction, the Seller will refund the amount of the reduction agreed upon with the consumer. The refund or reduction will be credited to the same payment method used by the consumer for the purchase.

The Seller is not responsible for any damages of any kind resulting from improper use of the Product and/or use that does not comply with the instructions provided by the manufacturer, nor for any damages resulting from unforeseeable circumstances or force majeure.

The legal guarantee provided for buyers who are not consumers is solely that provided for by art. 1490 c.c.

Products repaired, modified, or otherwise altered by the Consumer are excluded from the legal warranty. Also excluded from the warranty are any defects or non-conformities caused by accidental events or the Consumer's fault, or by storage or use of the product that is not in accordance with its intended use and/or as provided in the technical documentation accompanying the product, where applicable, and in the instructions for use relating to the product, or the instructions on the label.

ABSENCE OF THE CONSUMER'S RIGHT OF WITHDRAWAL

Unless otherwise expressly indicated on the Site, you do not benefit from the right of withdrawal provided for by Article 52 of the Consumer Code because the Site sells goods that are liable to deteriorate or expire rapidly, as well as sealed goods that are not suitable for return for hygiene reasons or otherwise related to health protection.

ABSENCE OF THE RIGHT OF RETURN

In the event of exercising the legal guarantee, there is no need to return the goods.

Returns are not otherwise envisaged, as these are food products that risk deteriorating or expiring rapidly, or goods sold sealed that are not suitable for return for hygiene reasons or in any case related to health protection.

APPLICABLE LAW, PREVAILING LANGUAGE, JURISDICTION AND VENUE

The sales contract between the Buyer and the Seller is deemed to have been concluded in Italy and is governed by Italian law. Unless otherwise stated, Italian law applies.

These General Terms and Conditions are written in Italian and translated into the user's viewing language. In case of doubt, the original Italian text is the only binding text and, in any case, the prevailing text.

For the resolution of civil and criminal disputes arising from the conclusion of this distance selling contract, if the Customer is a Consumer, i.e., a natural person subject to Italian and European consumer law and who purchases the goods for purposes not related to their professional activity, or does not indicate a VAT number in the order, the territorial jurisdiction is that of the relevant court of their municipality of residence; in all other cases, the jurisdiction and territorial jurisdiction is exclusively that of the Court of Florence, Italy.