General terms and conditions of sale

This document contains the General Terms and Conditions of Sale that govern the offer and sale of Products, through the website https://www.clai.it/ (hereinafter the "Site"), owned by CLAI S.C.A. with registered office at Via Gambellara 62/A (40026), Sasso Morelli, Imola (BO), C.F. 00317470375, P.IVA 00502551203, pec [email protected], mail [email protected]

The products purchased on the Site are sold by CLAI S.C.A. with registered office in Via Gambellara 62/A – 40026 Sasso Morelli, Imola (BO), VAT no. 00502551203, registered under REA no. 154783 at the Chamber of Commerce of Bologna.

These General Terms and Conditions of Sale apply to the offer of Products to consumers, meaning natural persons who act for purposes not related to any commercial or professional activity carried out, as well as to the forwarding and acceptance of online purchase orders between the Seller and a consumer (so-called Business to Consumer or B2C commercial relationships). Therefore, as far as applicable, reference should be made to the regulations contained in Legislative Decree no. n. 206/2005, c.d. Consumer Code, and in Legislative Decree no. n. 70/2003, in the EU Directive 2011/83 and in the d.lgs. n.21/2014 on e-commerce.

These General Terms and Conditions of Sale are subject to periodic updating by Clai. The General Terms and Conditions published on the website at the time of completion of the sale shall apply to each sale.

Clai invites you to read these General Terms and Conditions of Sale carefully before proceeding with any purchase through the Site. For further information, the Client may contact CLAI in the Contact section of the Website.

  1. DEFINITIONS

In these General Terms and Conditions of Sale, the following terms have the meaning specified below:

  • Contract: a contract of sale for a Product, which is concluded between the consumer and Clai through a sales system organized on the Site, to which these Conditions apply
  • Customer: the final consumer, i.e. the natural person who acts for purposes not related to any commercial or professional activity carried out and is authorized to operate on the Site in order to purchase the Products, in the manner indicated in these Conditions
  • Order Confirmation: final summary of the details relating to the Contract, i.e. the order executed, sent to the Customer by e-mail once payment has been made and the preparation of the order for shipment by the Seller has been started (in accordance with these Conditions). The receipt of the Order Confirmation by the Client constitutes the moment in which the Contract is concluded. In detail, this document contains the list of Products actually purchased and information relating to the Price. It will also contain all the information related to shipping data and costs. In addition, you will see the total cost of the order (including VAT) and the main information related to the payment made.
  • Price: the contract fee, including VAT
  • Product(s): the items on the Site and available for purchase, as described in the relevant product sheets. Each product is sold by the body, therefore, the weight of Clai cured meats shown in the descriptions is indicative. The actual weight is shown on the packaging and/or packaging.
  1. TRADE POLICY

2.1 Clai reserves the right not to process orders from parties that do not fall within the definition of Customer, or in any case orders that do not comply with its commercial policy.

2.2 In the event of a computer, manual, technical, or any other error, not foreseen by Clai, which may result in a substantial change in the Price making it exorbitant or negligible compared to the value of the Product, the Contract will be cancelled by Clai and the Client will be informed, with consequent refund in his favor of the amount paid.

2.3 The Client is always required to behave in good faith and fairness, especially when using promotions or discount coupons. If the Customer's behaviour is incorrect or illegal, Clai will proceed to cancel the order, indicating the reasons.
2.4 Before proceeding with the purchase of the Products by sending their data and making the payment, it is the Client's obligation to carefully read the General Terms and Conditions of Sale and the General Terms and Conditions of Use.

  1. CONCLUSION OF THE CONTRACT

3.1 The purchase of a Product requires the registration of the Client's data on the Website by filling out the Order. The insertion of personal credentials is necessary for the purpose of concluding the Contract.

3.2 The Client will be solely responsible for the truthfulness and correctness of the data entered and communicated to Clai when filling out the Order. It is understood that any damage, delay or inconvenience derived from or attributable to the incorrectness or untruthfulness of the personal data entered during the purchase procedure, or in any case subsequently modified, cannot in any case be imputed to the Seller.
3.3 When filling out the Order, there is a reference to the General Terms and Conditions of Sale and a summary of the main information relating to each Product ordered. In particular, the Price, the means of payment that can be used, the delivery methods and the related costs are specified.
3.4 By submitting the Order, the Client unconditionally accepts and undertakes to observe, in relations with Clai, these General Terms and Conditions of Sale. At the same time, the Client confirms that he/she is aware of and accepts the additional information contained in the Site.

3.5 The Contract is concluded when the Client receives the Order Confirmation.

3.6 The language used to conclude the Contract is only Italian.

3.7 The Price may be subject to updates until the Order is finally sent. The submission of the Order implies the confirmation and acceptance of the Price, except as indicated in Article 2.3.

3.8 Any promotions active on the Site relating to specific Products cannot be combined with each other, unless otherwise communicated by Clai.

3.9 Only purchase requests with shipping to Italy may be accepted by the Seller.

3.10 In general, all Products offered on the Site are immediately available except in specific cases expressly indicated. However, Clai cannot in any case be held responsible for the temporary unavailability of one or more Products, with the Client's waiver of any claim for compensation or indemnity. If a Product is no longer available or on sale after the order confirmation has been sent, Clai will notify the Customer.

3.11 The sending of the Customer's Order also constitutes acceptance of any partial delivery, limited to the Products available within the scope of those ordered, as well as a waiver of claims for compensation or indemnity for this reason. If the Client has already paid for the complete order, the Seller will refund the portion of the Price corresponding to the unavailable Products in the manner described below (section "Refund times and methods").
3.12 At the end of the order phase, once the payment has been successful, the Seller will send the Order Confirmation to the Client at the e-mail address indicated.

  1. PAYMENTS

4.1 The Seller will only accept payments in Euro currency.

4.2 For the payment of the Price, one of the methods indicated in the Order may be used.
4.3 In case of payment by credit card, the payment procedure will be managed, in absolute security; the Seller will not come into possession of any information relating to the full credit/debit card number or security code, or the like.


  1. CANCELLING YOUR ORDER
    5.1 It is not possible for the Client to cancel or revoke an order once the Order Confirmation has been received from Clai.
  2. SHIPPING AND DELIVERY OF PRODUCTS

6.1 Clai ships the Products in Italy by couriers departing from its warehouse. Delivery will take place approximately within 5 working days, from Monday to Friday, excluding national holidays. In any case, Clai reserves the right to deliver the ordered Products within a maximum period of 15 working days from the sending of the Order Confirmation.

6.2 Clai will do everything necessary to meet the delivery times indicated above, but can in no case be held responsible for damage or inconvenience caused by any delays.

6.3 Clai ships exclusively to Italy.

6.4 All the above costs are inclusive of VAT, applicable to the extent required by law.

6.5 At the time of delivery, the Client shall verify the correspondence, quantity and integrity of the Products according to the order submitted. It is advisable for the Client to sign the delivery documents only after such verification. The Client is informed that any person present at the delivery address who is responsible for signing the delivery and/or transport document of the shipment will be considered his delegate for the verification of what has been delivered and any consequent reports, with the Client waiving any exception regarding a possible lack of representation.

6.6 Any deficiencies, anomalies or damage to the Products must be reported by the Client immediately to the carrier, with a more complete description of the incident to the Customer Service within the following 5 working days. If the dispute is well founded, any shipping, replacement and redelivery costs will be entirely borne by Clai. tag.
6.7 In the event that the Client is not available at the address indicated during the purchase procedure on the day of delivery, a new delivery attempt will be organised and may take place the following day. In the event of non-delivery even on the second attempt, the Products subject to the Order will be transported to Clai, where they will remain at the Customer's disposal for collection, until the expiry date. In the event of non-collection by the Customer, the latter will not be entitled to any refund or compensation.

  1. ASSISTANCE

7.1 The Products offered for sale on the Site are of the highest quality.

7.2 The essential characteristics of the Products are indicated on the Website on each detail page of the Product. The images and colours of the Products offered for sale may, however, not correspond to the real ones due to the effect of the Internet browser and the monitor used.
7.3 The Seller pays the utmost attention to the correspondence between what is described and presented on the Website and what is reported on the label of the Products. In the event of any discrepancy between the two descriptions, the label of the product and the instructions for use provided with the product shall prevail. This is without prejudice to Clai's right to modify the packaging of the Product at any time.

7.4 At the time of delivery of the purchased Product, the Client is required to check that the type of Product, the number of packages and the Products being delivered correspond to what is indicated in the transport document and the relevant Order and that the packaging is intact, not damaged, nor wet or in any case altered, including the closing materials.

7.5 Once the courier's delivery document has been signed without reservation, the Client will not be able to raise any objection regarding the correspondence, quantity and external characteristics of what has been delivered and the risk of loss or damage to the Products will be transferred to all intents and purposes on the Client.

7.6 Any reports on the Products or any necessary information may be requested by the Customer, to the contacts indicated on the Site ([email protected])

7.7 Whenever possible, reports must be announced in advance from the moment of delivery of the Products, with a note on the transport document, and be analytically described to Customer Service, within 5 working days of delivery.

7.8 Except in cases of manifestly unfounded reporting, Clai will provide feedback to the Client's report, by e-mail sent to the address provided at the time of registration.

 

  1. RIGHT OF WITHDRAWAL

8.1 Pursuant to art. 59 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014, the right of withdrawal is excluded in the following cases:

- order of tailor-made or clearly personalized Products;

- order of Products that are likely to deteriorate or expire rapidly;

- order of sealed Products that cannot be returned for reasons of hygiene or health protection or that have been opened after delivery.
8.2 With reference to the cases of exclusion of withdrawal listed above, in particular, the Client is informed that the "Products that risk deteriorating or expiring rapidly" include those Products of a foodstuffed nature whose characteristics and quality are subject to alteration, also as a result of inappropriate storage by the Customer, after delivery; as well as fresh food products, easily perishable and all products whose preservation depends on proper management of the cold chain.

8.3 If the products ordered are found to be defective, the Client must contact Customer Service, following the procedure set out in art. 7 (Support).

  1. MADE

9.1 Following the opening of a return procedure, Clai will send the Client an email containing a description of how to return the product.

9.2 The Seller shall, by means of an appointed carrier, collect the product at its own expense at the address indicated by the Client, on a working day and at an agreed time.
9.3 The returned package must contain a copy of the Order Confirmation, sent to the e-mail address indicated by the Client, and of the waybill on the package at the time of receipt. The package must be returned in its original packaging.
9.4 The Product will be examined for damage and/or tampering not resulting from transport. If the original packaging and/or packaging is damaged, Clai will deduct from the refund due a percentage equal to the respective loss in value of the Product.
9.5 Once the verification operations have been completed, and if Clai ascertains the real presence of a defect on the products delivered, the refund procedure will be opened as described in the following paragraph. Clai will not return a replacement product.

  1. TIMES AND METHODS OF REIMBURSEMENT

10.1 The refund procedure may result from: a) lack / non-conformity (due to non-correspondence to the Order, defect, defects, damage) of the Product on Delivery (defective, damaged, etc.); b) unavailability of the Product after the Order.

10.2 Regardless of the payment method used by the Client and except as indicated in Article 9 above, the refund shall be activated by the Seller as soon as possible and in any case within thirty (30) days of receipt of the goods returned by the Client, using where possible the same payment channel with which the order was placed and without payment of interest or compensation.

10.3 Regardless of the correspondence between the recipient of the Products indicated in the Order and the person who made the payment of the sums due for their purchase, the refund of the sums will always be made by Clai in favor of the person who made the payment.

  1. PRIVACY

11.1 The privacy information is contained in the Information on the processing of personal data that is present on the Site.

  1. APPLICABLE LAW ON DISPUTES

12.1 These General Terms and Conditions of Sale are governed by Italian law, with specific reference, as far as applicable, to the legislation on electronic commerce contained in Legislative Decree No. 70 of 9 April 2003, Directive EU 2019/771 and the Consumer Code Legislative Decree No. 206 of 6 September 2005.

12.2 Any dispute that refers to the interpretation, execution, non-fulfilment or termination of the Contract, or that in any way is related to the General Terms and Conditions of Sale, will be submitted to the jurisdiction of the Court of Bologna when the law does not provide for the so-called "Conditions of Sale". consumer forum.

  

Sasso Morelli, Imola, 22/11/23