Premise and effectiveness of the General Conditions
These General Conditions of Sale (hereinafter referred to as "General Conditions") concern the regulation of the purchase of products and services, carried out remotely and made available, via the internet, from the website www.Vesuviostreetfood.com (hereinafter referred to as "Site") in compliance with the Italian legislation referred to in Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, "Consumer Code").
The consumer who accesses the Site to make purchases (hereinafter "Customer") is obliged, before sending the order, to carefully read these General Conditions that have been made available to him on the Site and that will be available at any time by the Customer.
In the event that the person making purchases on the Site requires the issue of an invoice and/ or otherwise is not a "consumer or user" as defined in art. 3, paragraph 1, lett. a), of the Consumer Code, will not be applied the regulation of withdrawal pursuant to art. 7 and 8 of these General Conditions nor, more generally, the provisions that pursuant to the same Consumer Code apply only to "consumers".
The contracts concluded with Vesuvio Street Food through the Site are governed by these General Conditions in compliance with Italian law. The language available to conclude the contract is English.
Choose and order the products
The characteristics and price of the various products on sale on the Site (hereinafter "Product" or "Products") are shown on the page for each Product.
By sending the order from the Site, which has the value of a contractual proposal, the Customer acknowledges and declares that he has read all the information provided to him during the purchase procedure and to accept in full these General Terms and Conditions of payment transcribed.
The contract between Vesuvio Street Food and the Customer shall be deemed to be concluded with the acceptance of the order by Vesuvio Street Food. This acceptance is communicated to the Customer through an email confirming the order itself containing a reference to these General Conditions, the order number, shipping and receipt data, the list of Products ordered with their essential characteristics and the total price, including delivery costs. The Customer will check the confirmation email and if he identifies errors, only for the shipping address (and not for the products ordered) has 6 hours to contact the Vesuvio Street Food Customer Service to communicate a new destination of the same country. If unable to contact customer service, the recipient will handle the shipment on the courier’s website via the tracking number received by email. After this period, no changes will be accepted, without prejudice to the rights of the Customer referred to in article 7 below.
Vesuvio Street Food undertakes to take all necessary measures to fulfill the User’s Order, it being understood that the execution of the Order will be subject to the actual availability at the time of the preparation of the order. In the event of unavailability of certain products, Vesuvio Street Food will process the order with the Products available and will refund the amount due for the goods not included in the preparation phase. This refund will be visible on the account used to place the order within 72 working hours from the actual sending of the package, the tracking of the express courier is authentic.
In case of unavailability at the time of preparation, some products will be replaced by products of the same or higher quality (from price).
Vesuvio Street Food reserves the right to fulfill orders clearly exceeding the family requirements with different conditions. In case of orders exceeding the normal retail quantities, Vesuvio Street Food will contact the customer and propose other shipping conditions in accordance with the B2B distribution.
The user is responsible for the completeness and correctness of the order. All orders must be complete in all their parts and must contain all the data necessary to be processed correctly. In case of problems deriving from the customer’s shortcomings (incorrect addresses, incorrectly purchased products), Vesuvio Street Food will not be held responsible. By proceeding with the purchase, the customer declares that he has checked the address in all its parts and assumes responsibility for any shortcomings.
In case of address only partially complete or incorrect, and if the customer reports the error in time to communicate the change to the courier and before the return to Italy of the package, the cost of the change of address, of € 8, will be charged to the customer.
The information and characteristics relating to the Products are available on the Site.
The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description sheet. It is understood that the image of the Products has the sole purpose of presenting them for sale and may not be perfectly representative of its characteristics and quality but may differ in color and size. In case of a difference between the image and the written product sheet, the description of the product sheet that includes the expiration date (where possible) is always valid.
Price and Shipping
The prices of the products include all taxes and duties. All prices are expressed in Euro.
Shipments to Foreign Countries:
The cost of shipping abroad varies depending on the country of destination. Shipping costs are shown on the respective page. The shipping has a fixed cost (flat), that is not different from the weight of the order.
Method of payment and invoicing
Method of payment
The Customer may pay the price of the Products and the related delivery costs by credit card, PayPal. If the Customer wishes the invoice (B2B customer), payment can be made by bank transfer.
The circuits on which you can buy within the Site are:
Visa / Visa Electron
To ensure maximum security, the Customer will carry out the payment transaction directly on the secure server of the bank or Paypal.
The Site does not store the Customer’s credit card number, but thanks to the protected communication system of the reference credit institution, from the second expense, the Customer who wishes it - through selection of the appropriate option - can proceed with the purchase without entering his data again. The reference credit institution uses the SSL protocol to encrypt the data transmitted between its server and the Customer’s browser.
Once the order is confirmed, the Customer will be redirected to the PayPal website where he can make the payment with his account or using a card, also prepaid, or in any case according to the methods accepted by Paypal and in compliance with the relevant conditions.
Invoicing of orders
If the purchase is made by a professional (B2B) It will be possible to request the issue of the invoice by selecting the appropriate box during the order procedure and entering the billing data including tax code and/ or VAT number specifying the Intra-Community VAT number. In this case, the invoice will be sent by email to the address indicated. The professional is responsible for the correct entry of the billing data and is expressly informed that, in case of failure to request the invoice during the order, it will not be possible to request it later.
Transport and delivery
The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure in the appropriate field "Shipping Details".
All purchases will be delivered by express courier (hereinafter "Corriere") from Monday to Tuesday, excluding public holidays and national holidays. Consider public holidays and national holidays in the country of destination also for delays caused by public holidays in the countries where the courier distributes the shipment. Vesuvio Street Food is not responsible for unforeseeable delays or not attributable to it.
Once the Products have been shipped, the Customer will receive a confirmation email that will include a link to reference for tracking the shipment and agree on the delivery.
In case of non-delivery of the goods due to the absence of the recipient or for the achievement of the maximum days of storage at an Access Point (Store authorized to store and collect the goods), Vesuvio Street Food will bear the costs of return.
If the customer, already notified of the useful ways to recover his order (mail + tracking number + contacts by the courier) requires a refund of the order returned to the sender, The refund will be paid by reducing the shipping costs related to the sending and return of the goods. The costs reduced by Vesuvio Street Food are equal to those incurred, or 20 € for sending + 60 € for the return of the goods.
Consider the calculated costs per package.
Even in case of damaged parcel, the customer is obliged to accept the delivery in order not to incur any costs of return of the goods. Damaged products will then be reimbursed after evaluation by Vesuvio Street Food customer service.
At the time of delivery of the goods by the courier, the customer is required to check:
- the number of packages delivered corresponds to that indicated in the transport document,
- the packaging is undamaged, undamaged, wet or otherwise altered, including in the sealing materials (adhesive tape or metal straps).
Any damage to Vesuvio Street Food or the lack of correspondence of the number of packages or the indications, must also be immediately contested to the courier making the delivery, affixing the words SUBJECT TO SPECIFIC CONTROL (e.g. neck damaged, crushed, wet, laundry, etc.) on the accompanying document and reported in the area Contact us Vesuvius Street Food
In case of damaged products the customer is required to forward an email to Vesuvio Street Food and report the damaged products attaching photographic evidence, no later than 7 days after delivery of the products.
We know how boring it is to have to contest the damage to the courier by the recipient. Vesuvio Street Food takes care of this burden by facilitating as much as possible the reimbursement of extremely damaged products. The customer will receive feedback of the report by email within 24/48h working from sending the email.
Vesuvio Street Food, upon receipt of the required documentation, in the event that the customer has complied with the procedure provided for by these General Conditions of Sale (point 6), resolves by offering the possibility of receiving a refund (visible in 24/48 hours) or a coupon without expiration, usable on the next order.
The customer is obliged, in any case, to accept the shipment and to proceed to immediate control of the package.Servizi di consegna attivi all’Estero:
Shipments abroad may take place with different couriers depending on the country of destination in order to ensure the customer the best rate available.
Countries in which the service is active: Austria, Belgium, Denmark, France, Germany, Ireland, the Netherlands, Poland, Portugal, Spain (except the Canary Islands and Ceuta and Melilla).
Right of Withdrawal
If the Customer is qualified as "consumer", pursuant to article 3 of the Consumer Code, the same has the rights under art. 64 of the Consumer Code and therefore the right to withdraw from the contract ("right of withdrawal") for any reason, without explanation and without any penalty, as detailed below. The withdrawal may have as object all (total withdrawal) or only part of the products purchased by the consumer (partial withdrawal). The right of withdrawal is exercised by sending - within 14 (fourteen) working days from the date of receipt of the products - a registered communication A/R. via e-e-mail to email@example.com provided that it is confirmed by registered mail A/R, within the following 48 (forty-eight) hours. The notice of withdrawal must specify the willingness to withdraw from the purchase and the product or products for which you intend to exercise the right of withdrawal, attaching a copy of the purchase document. In the communication, the customer must also confirm that the product/s/s is/are intact/s and kept/s in perfect condition in its original packaging, complete in all its parts. Vesuvio Street Food will forward the file number to the Customer by email. This number must be indicated by the Customer at the time of the return of the/i product/s. The return of the/i product/s must take place within 14 (fourteen) calendar days from the date of receipt of the same . The right of withdrawal is subject to the following conditions: • the right applies to individual products purchased in their entirety;
the product/s purchased must be intact and returned in the original packaging, complete in all its parts (including packaging and documentation);
the transport costs relating to the return of the product shall be borne by the Customer;
If the right of withdrawal has been properly exercised, Vesuvio Street Food will refund to the Customer the full amount already paid, including delivery costs, within 30 (thirty) calendar days from receipt of the notice of withdrawal. The amount refunded will be net of the costs for the return of the products, which will be borne by the Customer. In the event that the customer refuses the delivery of a parcel already entrusted to the courier, the customer is still required to pay the shipping and return costs of each rejected shipment.
The Vesuvio Street Food Customer Service will, once received the communication, open a file for the return management and communicate to the Customer the instructions on how to return the Products, which will take place by courier indicated Vesuvius Street Food itself.
The right of withdrawal is governed by the following conditions:
The right applies to the Product purchased in its entirety; therefore, if the Product is composed of several components or parts, it is not possible to exercise the withdrawal only on part of the Product purchased.
In addition to the cases indicated above (non-consumer customer and/or requesting the invoice), the right of withdrawal is excluded in the following cases, pursuant to art. 59 d.lgs 21/2014:
order of customized or clearly customized packaged products;
order of Products that risk to deteriorate or expire quickly;
order of Sealed Products that do not lend themselves to be returned for hygienic or health protection reasons or that have been opened after delivery.
With reference to the cases of exclusion of withdrawal listed above, the Customer, in particular, is informed and accepts that among the Products that "risk to deteriorate or expire rapidly" include both all Food Products (incusi wines, spirits and beverages) both cosmetics, as the characteristics and qualities of these types of Products are subject to alteration also as a result of improper storage. Therefore, for reasons of hygiene and protection of Customers, the right of withdrawal is applicable only for Products purchased on the Site that can be returned to Vesuvio Street Food and put back on the market without risk to the health of consumers (such as books, gadgets, kitchen utensils, etc.).
In cases of exclusion of the right of withdrawal, Vesuvio Street Food will return to the Customer the Products purchased, charging the same shipping costs.
Warranty and Defects of conformity'
In case of lack of conformity of Products sold by Vesuvio Street Food, the Customer must immediately contact the Customer Service using the appropriate contact form accessible on the Site.
The sale of the Products is subject to the legal guarantees provided by articles 129, 130 and 132 of the Consumer Code. The Customer has the right, at his choice and provided that the type of Product allows it, to restore, at no cost, the conformity of the Product by repair or replacement, or to an appropriate reduction in price or termination of the contract. The Customer forfeits these rights if he does not report the lack of conformity to Vesuvio Street Food within two months from the date on which he discovered the defect, provided that it is not a Product that by its nature is perishable or subject to expiration in a shorter period, in which case the defect must be reported within this reduced period.
Errors and limitations of liability
The information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors of which, therefore, Vesuvio Street Food cannot be held responsible, except in the case of intent or gross negligence
Vesuvio Street Food reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update the information at any time without prior notice, without prejudice to the Customer’s rights under these General Conditions and the Consumer Code.
Except for intentional or gross negligence, the Customer’s right to compensation or the recognition of compensation is excluded, as well as any contractual or non-contractual liability for direct or indirect damages to persons and/or property, caused by the non-acceptance or fulfilment, even partial, of an order.
Vesuvio Street Food promotes the responsible consumption of alcohol and excludes any liability to itself, except willful misconduct or gross negligence, in the case of purchase made by children under 16 years.
Any complaint must be forwarded to Vesuvio Street Food using the appropriate contact form accessible directly on the Site.
Applicable law and place of jurisdiction
The contract of sale between the Customer and Vesuvio Street Food is considered concluded in Italy and regulated by Italian law. For the resolution of disputes relating to the interpretation, execution or resolution of these General Conditions or individual purchase orders if the Customer is a consumer within the meaning of the Consumer Code, will have exclusive jurisdiction over the jurisdiction of its municipality of residence or domicile if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Turin, any other competent court excluded.
Pursuant to Article 1341 c.c. the Customer declares that he has read and specifically accepts the following articles of these General Conditions: 6 (liability for delays in delivery), 10 (right to correct errors - exclusions of liability).
The Customer’s data are processed by Vesuvio Street Food in accordance with the provisions of the legislation on the protection of personal data.