GENERAL CONDITIONS OF SALE, SHIPPING AND RETURN

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Below are the General Conditions of Sale, Shipping and Returns which indicate, in compliance with current regulations, the terms and conditions that regulate the purchase of products Grandma Silvi on the site www.nonnasilvi.com (hereinafter the “Site”), managed by the company Nonna Silvi Srl Benefit Company, in the person of its legal representative pro tempore, with registered office in Via delle Cascine, 1/a – 50051 Castelfiorentino (FI), VAT number and tax code 07347870482, registration in the REA of the Florence Chamber of Commerce no. 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 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 of 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 (Legislative Decree 206/2005 and subsequent amendments).

The Buyers of 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 exception: the Site prevents the purchase if the Buyers have not first read the General Conditions.

The time periods indicated on the site 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 considered concluded when the Buyer completes the order procedure and, in particular, from the moment the Seller receives the payment confirmation from the payment service chosen by the Buyer who independently manages the relative procedure. It is specified that, in the event that the Buyer chooses bank transfer as the payment method, the sales contract will be considered concluded only with the actual receipt of the credit and not with the simple sending, by the user, of the receipt of the insertion of the bank order.

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 so as to reflect their actual availability: in particular periods of the year, by way of example only and not limited to those preceding or coinciding with national or foreign holidays or other promotional events of the Seller, it may happen that the Site receives a number of orders greater than the availability actually present in the warehouse. In this case, the Seller will process the orders in strict order of receipt, informing the interested Buyer without delay from time to time 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;
• either a person who has previously violated the Terms and Conditions;
• either a person who, in order to conclude the purchase, has communicated false, incomplete or inaccurate data and has not remedied such circumstances by providing the documentation requested by the Seller.

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

The Seller advertises the products for sale on the Site by indicating the ingredients and allergens present in each product. This information is also shown on the labelling of the products themselves. 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 state of health or suitable for consumption, in the event of any pathologies, specific to the buyer or the person to whom the products are intended. The Seller is in no way responsible for any type of damage that may arise from the consumption of the products sold on the Site as a result of such failure to verify by the Buyer and/or the person to whom the products were then actually delivered or sold by the Buyer.

APPLICATION OF THE GENERAL CONDITIONS OF SALE

The General Conditions become binding for the Buyers at the moment of their acceptance on the site, by clicking the appropriate box before transmitting the purchase order. In particular, the transmission of the purchase order is disabled until there is prior express acceptance of the General Conditions.

To this end, Buyers are invited to carefully read the General Conditions, with an express invitation to download a copy, save, reproduce and/or print them. To confirm receipt and acceptance of the order, the Seller will also send a specific email to Buyers, 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 email address nonnasilvicommerciale@gmail.com

The Seller reserves the right to modify the General Conditions at any time. The modifications and updates to these General Conditions will report the date of their entry into force, will be published on the site and brought to the attention of Buyers and other users registered for newsletter and update services according to the forms of use and, in any case, applied only to purchases made on the Site after the entry into force of the updates themselves.

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

DESCRIPTION OF THE METHODS OF SALE OF THE PRODUCTS

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

The photographic representations have a representative purpose only and are not to be understood 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 contents of the package, on the ingredients and allergens and the pricing conditions, discounts and available options are to be considered accurate.

To purchase on the Site, no registration or reserved area is required. The sales process allows the user of the Site to temporarily save (and until the duration of the cookies accepted by the user) the products selected in a cart; from the cart, the user can then start the purchase process and conclude the sale, passing through the automated redirection to the site of the third-party payment service chosen by the user of the Site.

The Seller reserves the right to not make available, at any time, some products and/or to modify their characteristics, in any case providing for the timely updating of the relevant pre-contractual information. The Seller also reserves the right to update, at any time, the offer present on the Site by modifying the range or the number of products.

PURCHASE ORDER

Each purchase order received by the Seller contains the information regarding the Product code, its description, quantity, address and name of the recipient communicated 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 indicated in the registration. In the case of bank transfer, the Seller will send the user a summary of the order placed on the Site, it being understood that in this case, the sale is considered completed only when the sums due are actually 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 it appears 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 of those exercising parental responsibility over the minor or other administrative, guardianship or curatorship duties 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.

ORDER EXECUTION BY THE SELLER

The Seller undertakes to proceed with the shipment of the products ordered by the Buyer within the terms advertised on the Site before 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 that on which the Buyer transmitted the order, providing information on the new shipment and delivery date.

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

In the event of definitive 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 force at the time of transmission of the purchase order by the Buyer. The prices of the Products published on the Site are inclusive of standard packaging and/or wrapping and VAT (with the exception of countries outside the EEC), the rate of which is determined in relation to the type of Product. The prices do not include transport and delivery costs. All the aforementioned costs (e.g. for delivery, or for any special packaging/wrapping), not included in the prices of the Products published on the Site, will be separately indicated in the order summary and confirmed in the purchase order summary email that will be sent by the Seller.

Furthermore, for deliveries to be made in countries other than Italy and in other Member States of the European Union, in Campione d'Italia, Livigno, the Channel Islands and the Canary Islands, the prices of the Products published on the website are always intended not to include:

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

The Buyer shall be liable for the payment of all applicable taxes and customs duties in the country of delivery of the Products. Any and all charges or costs relating to customs clearance of the Products delivered shall remain the exclusive responsibility of the recipient of the delivery.

The price of the products is expressed in Euro (€) 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 products ordered.

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

• Shopify/stripe
• Paypal
• Fast check-out service

In all the above cases, the payment process is carried out by the user after exiting the Site and automatically redirected to the site of the chosen manager. The Seller is therefore not responsible for the functioning of such payment service platforms and related policies and limits itself to receiving from such service providers confirmation of the successful completion of the payment according to the methods of use applicable to each payment method preferred by the Buyer.

SHIPPING AND DELIVERY METHODS

The Seller issues a sales document for the material shipped.

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

Except for special promotions specifically indicated on the Site, delivery costs are the responsibility of the Buyer and are indicated to the user at the time of check-out and placing the order. Since shipping costs are not established by the Seller, but communicated to the latter by the Forwarder, the indication of the shipping cost may be subject to variation or specification that will be communicated without delay to the Buyer before the shipment itself.

The Seller cannot be held responsible for any delay in processing the order or in delivering the ordered goods. At the time of 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 related 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 goods delivered.

DISCLAIMER

The Seller undertakes to correct all errors in the description of the products offered on the Site, as quickly as possible, starting from their notification.

The Seller is not responsible for any damages of any nature whatsoever resulting from the use of the product in an improper manner and/or not in accordance with the intended use and any instructions provided, as well as in the event of damages resulting from fortuitous events 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.

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

In no event shall 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 to fulfill is caused by fortuitous event and/or force majeure.

INTELLECTUAL PROPERTY

All that appears 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 brands present on the Site are the property of the Seller. The Buyer may store, print and display the contents provided exclusively for personal use. It is not permitted to reproduce, publish, modify, distribute or communicate to the public, in any format, any content or copy of the contents provided to users or appearing on the Site, nor is it possible to use any of these contents in connection with any commercial activity or enterprise. No license or authorization is granted for the use of trademarks or other intellectual property rights of the Seller.

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 have not purchased the products in the context of their entrepreneurial, artisanal or professional activity, including any intermediaries of such subjects.

The products purchased 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 which 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, it is presumed that the lack of conformity that becomes apparent within six months of delivery of the Product already existed on that date, unless this is incompatible with the nature of the Product or the nature of the lack of conformity reported. From the seventh month included, starting from the delivery of the Product, it is the consumer's burden to prove that the lack 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.The consumer is therefore advised to keep the purchase invoice and any document 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 with the consumer. The amount of the refund or reduction will be credited to the same means of payment used by the consumer for the purchase.

The Seller is not responsible for any damages of any nature whatsoever resulting from the use of the Product in an improper manner and/or not in accordance with the instructions provided by the manufacturer, as well as in the event of damages resulting from fortuitous events or force majeure.

The legal guarantee provided for Buyers who are not consumers is solely that provided for by art. 1490 of the Italian Civil Code.

Products repaired, modified or in any way altered by the Consumer are excluded from the legal guarantee. Also excluded from the scope of the guarantee are any defects or non-conformities caused by accidental events or by the Consumer's responsibility, or by storage or use of the product that does not conform to its intended use and/or to what is provided in the technical documentation attached to the product, where applicable, and in the instructions for use relating to the same, or to the indications on the label.

ABSENCE OF THE CONSUMER'S RIGHT OF WITHDRAWAL

Unless otherwise expressly indicated on the Site, you do not enjoy the right of withdrawal provided for by art. 52 of the Consumer Code since the Site sells goods that risk deteriorating or expiring rapidly, as well as sealed goods that are not suitable for return for hygienic reasons and in any case related to health protection.

NO RIGHT OF RETURN

In the event of exercising the legal guarantee, there is no need for a return.

The return is not otherwise foreseen, as these are food products that risk deteriorating or expiring rapidly, or goods sold sealed that are not suitable for being returned for hygienic reasons or in any case relating to health protection.

APPLICABLE LAW, PREVAILING LANGUAGE, JURISDICTION AND COURT

The sales contract between the Buyer and the Seller is deemed to be concluded in Italy and governed by Italian law. Unless otherwise established, Italian law shall apply.

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

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 legislation on consumption and who purchases the goods for purposes not related to his/her professional activity, or does not make the purchase by indicating a VAT number in the order, the territorial jurisdiction is that of the Court of reference of his/her municipality of residence; in all other cases, the jurisdiction and territorial jurisdiction is exclusively that of the Court of Florence, Italy.