Art. 2 – Definitions

Terms used in this agreement, annexes and/or forms and any appendices shall have the meanings hereinafter assigned to them:

1. “Seller”: means the person who transfers the goods and/or services indicated on the site for consideration, i.e. “Individual company Radici Italiane”, described above;
2. “Site” or “Application”: website https://radici-italiane.com/
3. “Consumer Customer” or more simply “Customer”: an adult natural person who concludes the contract for purposes unrelated to his or her entrepreneurial, commercial, professional and/or craftsman’s activity, if any, and who can therefore be defined as a “consumer” within the meaning of the Consumer Code and of Legislative Decree 70/2003 on the implementation of the European Directive on Electronic Commerce (No. 2000/31/EC);
4. “Non-consumer Customer”: a purchaser who does not fall within the category of persons referred to in the previous point and who is therefore not protected by the protections provided for consumers by national and Community legislation;
5. “Buyer”: means any person who purchases the goods offered for sale by the seller on the site;
6. “User”: any person who accesses the site or uses the application;
7. “Box” (or case) containing typical Italian food and wine products, composed by the seller;
8. “Products” means the goods contained within the “Box”;
9. “Producer” means a third party who supplies the seller with products or produces them;
10. “Contract” means an agreement on electronic commerce concerning the goods and services offered on the site concluded at a distance by means of telematic tools.

Art. 3 Use of the Site and Notice.

The site is to be used exclusively for making consultations and legitimate purchases, and in compliance with the regulations in force.

It is forbidden to place false and/or fraudulent orders and the user is obliged to ensure the authenticity of the data provided, to check their accuracy and to report any errors.

The user is forbidden to provide third-party or false data.

The user hereby declares and guarantees that he/she is of legal age and has the capacity required by law to conclude contracts.

The user is personally responsible for the use of the site and its contents.

Any material downloaded or otherwise obtained through the use of the site is at the user’s choice and risk, therefore any liability for possible damage to the PC, operating system or loss of data resulting from downloading is the responsibility of the user and cannot be attributed to the site operator.

The operator of the site is exempt from liability for damage caused by viruses, interruption of service, problems related to the network or providers or telephone or telematic connections, deletion of content, unauthorised access, failure and/or malfunction of the user’s electronic equipment.

The user is responsible for the safekeeping and proper use of the personal data provided, as well as the credentials provided for the registration and creation of his/her account, which is personal.

Art. 4 Object of the Contract

“Radici Italiane”, through the website https://www.radici-italiane.com/ offers for sale “boxes”, i.e. packages containing food products from the Italian food and wine tradition specially selected and indicated by the Seller in the product sheet.

“Radici Italiane” hereby informs the Buyer that the images accompanying the information sheet of the “box” are purely illustrative. The offer is aimed at “Consumer Customers”, i.e. natural persons of legal age who are acting for purposes unconnected with any business, commercial, craft or professional activity they may be carrying out. Therefore, it is the right of “Radici Italiane” not to execute orders of products from “Non-consumer Customers”.

Deliveries are not available in places that are difficult to access, such as small islands, mountain passes, lagoons, etc., which are therefore excluded from the site’s offers.

Art. 5 – Product Availability

1. Product availability refers to the actual availability at the time the user places the order. However, this availability must be considered purely indicative because, due to the contemporary presence on the site of several users, the products may be sold to other customers before the order is confirmed.
2. Partial or total unavailability of goods may occur even after the order confirmation has been sent by e-mail. In this case, the order will be automatically corrected by deleting the unavailable product and the user will be notified immediately by e-mail.
3. If the user requests the cancellation of the order, thus terminating the contract, Radici Italiane will refund the amount paid within 14 working days from the date Radici Italiane became aware of the buyer’s decision to terminate the contract.

Art. 6 – Products on Offer

1. Radici Italiane markets: typical food products
2. The offer is described in detail on our website at: https://www.radici-italiane.com/shop/

Art. 7 – Terms of Payment and Prices

1. The prices published on the site are in Euros and include VAT. Shipping costs are borne by the Buyer and shipments may be made to certain countries specified in Art. 10: “Delivery”.
2. The Seller reserves the right to change the prices of the articles offered for sale at any time and without prior notice. The final price shall be the one indicated in the order confirmation.
3. Any customs costs and additional taxes shall in any case be borne by the Buyer, as well as any other charge, expense or cost that cannot be calculated in advance or that will depend on the Buyer’s behaviour (e.g. deposit for storage, non-collection, etc.).
4. Delivery shall be made via the couriers or carriers indicated in the order or via pick-up point delivery in our shop located in Via Roma 28, Pistoia. According to the times specified, which are however to be considered indicative and not binding.
5. Once the desired products have been selected, they will be added to the shopping cart. It will be sufficient to follow the purchase instructions, entering or verifying the required information at each step of the process. Order details may be changed before payment.
6. “Radici Italiane”, unless otherwise agreed directly with the Purchaser, accepts the following forms of payment, to be chosen at the time of ordering:

-Credit card

All payments are managed independently by third party services. Therefore, this Web Site does not collect payment data – such as credit card numbers – but receives a notification once the payment is successful. In the event that the payment made by one of the available means fails or is refused by the payment service provider, the Holder is not obliged to execute the order. Any costs or fees resulting from the failed or rejected payment are borne by the User.

-PayPal
Once the order has been confirmed, the Customer will be redirected to the PayPal site where he/she can make the payment using his/her account, a card (even a prepaid card) or in any case according to the methods accepted by PayPal and in compliance with its conditions.

– Bank transfer
Data for the transfer: c/c: DITTA RADICI ITALIANE
IBAN: IT59Y0892213807000000838472
BIC/SWIFT: ICRAITRRPM0
Bank: BANCA ALTA TOSCANA CREDITO COOPERATIVO – SC
Agency: Via degli Orafi, Pistoia (PT)

Reason for payment: the Customer shall indicate in the reason for payment the date and order number, which can be found in the confirmation email (e.g. “Order 01/01/21 n. 100012345”).

Once payment has been received and validated, the order will be shipped within 24 to 48 working hours.

– Payment at headquarters

Payment can be made by credit/debit card or in cash in person at our boutique located at Via Roma 28, Pistoia, Italy.

Art. 8 Vouchers/Discounts

1. “Vouchers” and “discounts” are never valid in combination, unless otherwise indicated on the site.
2. The “voucher” will have the same value (nominal or expressed as a percentage) as indicated on the site or printed on the voucher and will be valid for a limited period of time, after which they will no longer be usable. The “coupon” may be subject to a minimum spending amount under which it cannot be used and it shall not be transferred if it is linked to the user’s Account.
3. In order to make use of the “voucher”, the Buyer – once he has completed the site procedure relating to the purchase order – must enter the relevant “code2 by clicking on the link “do you have a discount code?” in the part of the site window entitled “Your order summary”. At this point, the value of the “voucher” will be deducted from the total amount of the order at the time of purchase, before payment. “Radici Italiane” reserves the right to cancel the vouchers issued, even before their expiry date, without having to justify the cancellation and without any claim for compensation and/or indemnity from the Customer.

Art. 9 – Information Aimed at the Conclusion of the Contract.

1. All users, including non-registered users, are allowed to browse the site.
   To purchase the goods, the Buyer shall click on the “buy” button of the desired “box”. At this point the Buyer will have access to a window describing the type of “box” selected. After selecting the desired number of units, the items will be placed in the shopping cart. Before proceeding with the “checkout”, a shopping cart summary screen will open, in which the following will be described: type of “box” quantity, “partial total”, shipping costs and total amount. At this step, the customer can either click on the “continue shopping” button and thus add further items to the shopping cart, or click on “check-out” to complete the purchase process.
   If the latter is the case, a window divided into several boxes will open:
   – “Login”
   – “Your order summary” (showing again unit cost, total cost, subtotal, shipping costs and total price);
   – “Payment method”. If the Customer has a discount code, he must enter it in the space provided. Also at this time, it will be possible to increase or decrease the number of units by clicking on the counters next to the image of each item and the amounts will be updated automatically.
   The Buyer shall be entitled to enter notes to the purchase, which are valid for the Seller for information purposes only and are in no way binding on the Seller.
2. In order to complete the order and then proceed to payment, the Buyer will have two options: the first is to purchase the “box” without registering, the second is to register. In the first case, the Buyer, in the box entitled “Access”, must click on the box “purchase as guest”, enter his/her e-mail address, as well as the delivery and billing addresses (if different). In the second case, the Buyer will have to log in with his/her account (if registered) or enter an email and a password for registration, as well as his/her personal data with the relevant delivery and billing addresses to complete the order (in this way the user will receive an email for registration in addition to the order summary).
3. Once the data has been entered, the Buyer can confirm the order and proceed to payment by clicking on the appropriate button, after reading and accepting the conditions of the contract and the processing of personal data by ticking the relevant boxes.
   By submitting an order, the Buyer declares and assumes responsibility for the fact that he/she has the necessary legal requirements to be allowed to purchase goods, that he/she has correctly and truthfully communicated his/her personal data, that he/she has read and accepted these general terms and conditions of sale, that he/she has read the privacy policy and that he/she has consented to the processing of his/her personal data.
4. Once the order form has been placed by the Buyer, the Seller will send a receipt to the e-mail address provided, together with an order identification number to be used in all communications with the Seller.
   The order receipt will state:- order identification, consisting of an order number and date;
   – payment method;
   – summary information on the products ordered, with details regarding quantity and price;
   – the total price of the order and any discount vouchers used;
   – information on the shipping method and costs;
   – indication of any applicable taxes;
   – availability of the right of withdrawal and the conditions, terms and procedures relating to its exercise;
   -link to the general terms and conditions with the possibility of downloading.
5. The Customer may cancel, postpone or request a change of address for the order within a limited time after the order has been concluded; this time limit is up to 3 hours. After this period, the order will be processed and it will no longer be possible to request cancellation or change of the delivery address. The customer shall contact “Radici Italiane” as specified in the “Contact us” section.
6. If the order cannot be processed, “Radici Italiane” will inform the Buyer by e-mail. “Radici Italiane” will return the amounts received by recharging the credit card used by the Customer or by bank transfer within 14 working days from the communication of the bank details provided by the Customer, always through e-mail.
7. If the Customer notices any errors in the data contained in the order receipt, he shall immediately inform the Company at the following address:
   box@radici-italiane.com

Art. 10 Delivery

1. Radici Italiane delivers throughout Italy, European Union countries and the United States. Deliveries are not made to places with difficult access, such as small islands, mountain passes, lagoons, etc.
2. Radici Italiane will make its deliveries either at the domicile provided by the Purchaser at the time of purchase or at the pick-up point “Via Roma 28, Pistoia” with date and time to be confirmed through one of our contacts indicated in this contract.
3. Delivery shall be made, for the Italian territory, generally within 2-3 working days, or, if no delivery date is specified, within the term estimated at the time of selection of the delivery method and, in any case, within a maximum term of 30 days from the date of confirmation.
4. For the countries of the European Union and the United States, delivery will be made in 4-7 working days, and in any case, within the maximum term of 30 days.
5. If delivery is not possible, the order will be sent to the warehouse. In that event, a notice will specify the location of the order and how to arrange for a new delivery.
6. If you are unable to be present at the delivery location at the agreed time, we ask you to contact the assigned courier again to arrange a new delivery date.
7. If the delivery cannot take place for reasons beyond our control after 30 days from the date on which the order is available for delivery, we shall assume that you are terminating the contract.
8. Delivery can be made to the following countries or territories: Italy, Austria, Belgium, France, Germany, Luxembourg, Netherlands, Portugal, Spain, Ireland, Bulgaria, Croatia, Denmark, Estonia, Finland, Greece, Latvia, Lithuania, Poland, Czech Republic, Romania, Slovakia, Sweden, Hungary, Slovenia, Switzerland, United Kingdom (UK), United States (USA).
9. Upon delivery, the Buyer should check the contents of the package and promptly report any anomalies to the contact details given in this document or as described in the delivery note. The Buyer may refuse to accept the package if it is visibly damaged.

Art. 11 Declination of Responsibility

1. “Radici Italiane” declines all responsibility and would like to point out that the images describing the “boxes” and the relative products are merely examples and may not correspond perfectly to the real product, also with reference to the colours, the display of which may be altered by the computer tools used by the user.
2. “Radici Italiane” does not assume any responsibility for inefficiencies due to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods, epidemics and other similar events that would prevent, in whole or in part, the execution of the contract within the agreed time.
3. “Radici Italiane” pursuant to art. 61 of the Consumer Code is obliged – with respect to Consumer Customers only – to deliver the goods no later than 30 days from the date of conclusion of the contract. The obligation is satisfied by the transfer of the physical availability or otherwise of control of the goods to the customer. Therefore, the delivery date indicated on the site at the time of ordering is provisional and subject to the carriers and couriers, for whose non-performance the Seller cannot be held responsible.
4. “Radici Italiane” sells “boxes” containing food and wine products packaged and supplied by third parties. “Radici Italiane” endeavours to select producers and suppliers with diligence and expertise in order to deliver to the Buyer products corresponding – in quality and characteristics – to those expected. However, “Radici Italiane” is not responsible for violations of the law by producers and/or suppliers and in any case will not be liable for any damages resulting from alterations and/or adulteration of the products contained in the “boxes” which cannot be attributed to the Seller. The Buyer is always obliged to check the product labels, to take note of the expiry date stated therein and to carefully read all written indications, including those relating to the ingredients and composition of each individual product. In this regard, the Buyer must always check the compatibility of the product with his/her intolerances or allergies, and the Seller declines all responsibility even if the contents of the “box” have been specially adapted to the individual needs of the Buyer.
5. “Radici Italiane” is not responsible for any fraudulent or illegal use that third parties might make of credit cards, cheques and other payment methods.
6. “Radici Italiane” declines all responsibility for any risks and/or damages that the user may incur while using the site.
7. Non-delivery: The Seller shall not be liable in any way for any delivery errors arising from inaccuracies or omissions committed by the User in completing the purchase order, nor for any damages or delays occurring after delivery to the courier if the latter has been appointed by the User. The Customer acknowledges and accepts that in the event of the impossibility of delivery of the Products due to his (or the person appointed to receive the shopping) non-attendance at the time of delivery, the Products will not be reversed from the order and the corresponding amount will not be re-credited to the Customer.Unless otherwise specified, each delivery attempt from the second onwards will be at the expense of the User. The Seller undertakes to open a claim and/or signature disallowance file against the courier in the following cases
   -Loss of the package by the courier;
   -Non-recognition by the recipient of the package of his signature on the proof of delivery.
   The Seller undertakes, by interfacing with the courier, to verify the veracity of the event reported. If the Seller establishes the veracity of the event reported by the recipient of the package, the latter undertakes, on completion of the verification procedures, to return the goods, at its own expense.The Seller shall not, however, provide reimbursement for the above-mentioned cases (Loss of the package by the carrier; Non-recognition by the recipient of the package of his signature on the proof of delivery).

Art 12. Obligations of the Buyer at the Time of Delivery.

1. At the time of delivery, the Customer shall ascertain:- that the packaging is intact, not damaged, opened, wet or altered;
   – that the number and type of articles match those indicated in the transport document.
2. Any damage to the “box” or to the packaging, or any failure to comply with the indications in the transport document, must be immediately reported to the forwarding agent and must be shown on the forwarding agent’s proof of delivery.
3. If the courier returns the goods due to the impossibility of delivery, the order will be cancelled and the Customer will be charged with the transport costs.

Art 13. Warranty and Conformity

1. The legal guarantees provided for in Articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. The Customer shall be entitled to the restoration, free of charge, of the conformity of the goods by repairing or replacing them, or by an appropriate price reduction or termination of the contract. For the Customer, these rights are forfeited if the defect is not reported to Radici Italiane within two months from the date on which the defect was first discovered, unless the Product is perishable by its nature or subject to expiry in the shorter term, in which case the defect must be reported within this reduced term.
2. The complaint must be made by sending an email to box@radici-italiane.com enclosing photos of the damage and indicating the order number. “Radici Italiane” reserves the right to carry out the necessary verifications and in this sense the Purchaser guarantees its full cooperation.
3. If the conditions are met, the product will be replaced with another of the same type, but if the product is out of stock, “Radici Italiane” reserves the right to send a different product of the same value.
4. If the product has been tampered with, “Radici Italiane” reserves the right to accept the validity of the Warranty.

Art 14. Acceptance of the General Conditions of Sale.

1. By submitting the order form, the Purchaser declares that he/she has read and accepted these general terms and conditions of sale (a copy of which can be downloaded and/or printed by the user by clicking on the “General Terms and Conditions of Sale” link) and that he/she meets the necessary legal requirements to enter into this contract. With the general terms and conditions of sale the privacy policy and the policy on cookies indicated by “Radici Italiane” in the respective dedicated links are also accepted.
2. The Purchaser’s acceptance shall also apply pursuant to Art. 1341 of the Civil Code as well as pursuant to Art. 33 of the Consumer Code, for Consumer Customers.
3. “Radici Italiane” reserves the right to modify and/or supplement these general terms and conditions of sale, which will become effective upon publication on the website.

Art 15. Right of Withdrawal and Refund.

1. Without prejudice to the exceptions provided for in Art. 59 of the Consumer Code applicable to the case, the Consumer Customer, pursuant to and within the limits of Article 52 of said Code, has the right to withdraw from the contract concluded on-line with “Radici Italiane” within 14 working days of receipt of the product purchased, without penalty and without the need to specify the reason.
2. Following the right of withdrawal exercised, the Customer may return the purchased items and obtain a refund of the price paid in accordance with the procedures indicated below.
3. In order for the Customer to avail himself of the right of withdrawal, it is necessary that the returned box is intact, has not been damaged and fully conforms to how it was delivered (i.e. with the original label, documentation, accessories, packaging and packing).
4. In order to exercise the right of withdrawal, the customer shall send an e-mail to box@radici-italiane.com with the subject “exercise right of withdrawal” and containing an explicit statement of the decision to withdraw from the contract, including the order number. Alternatively, the Customer may refer to Annex 1, letter B, of the Legislative Decree. 21/2014 (art.49, Para 1, letter h) shown at the end of this contract.
5. The Customer shall be notified of the receipt of the exercised withdrawal by email, to the address used for the communication.

Art 16. Obligations of the Customer in the Event of Withdrawal.

1. The “Consumer Customer” is obliged to return the “box” in its entirety (partial withdrawal is excluded) within 14 working days from the date on which he/she communicated the withdrawal, by returning – at his/her own expense – the “box” to the seller’s address.
2. The Customer shall be liable for any decrease in the value of the goods, in which case the refund shall be made in proportion to the decrease.
3. Within 14 working days from the arrival of the returned package, “Radici Italiane” will refund the value of the goods with the same payment method used by the Customer or alternatively by bank transfer using the data that the Customer will communicate by e-mail.

Art 17. Exceptions to the Right of Withdrawal

Without prejudice to the exceptions provided for in Art. 59 of the Consumer Code applicable to the case, the Seller shall inform the Customer, in particular and by way of example, of the following cases in which the right of withdrawal does not apply:

• supply of goods made to measure or clearly customised (e.g. “boxes” specially adapted for the Customer);
• supply of goods that are likely to deteriorate or expire rapidly;
• delivery of sealed goods or alcoholic beverages that are not suitable for being returned for hygienic or health protection reasons and/or have been opened after delivery;
• supply of goods which, after delivery, are by their nature inseparably mixed with other goods;   

Art. 18 Processing of Data

1. By using the site, the user authorises the processing of his personal data. This information is also valid for the purposes of Article 13 of EU Regulation No. 2016/679 on the protection of individuals with regard to the processing of personal data and on the free circulation of such data.
2. The data controller is the individual company Radici Italiane.
3. The data controller, appointed by the owner, is the individual company Radici Italiane.
4. The data will be processed at the registered office: Via Roma 28, Pistoia.
5. Data processing is carried out exclusively in electronic form, by means of computer tools and supports designed to ensure the security and confidentiality of the data. The information stored is protected against unauthorised access.
6. We process data provided by users regarding purchase orders, payments (which may contain name, address, contact details), IP address, all other data provided.
7. The purpose of the use of such data is the execution of the purchase order and payments, the communication of such data to third party providers of payment and shipping services as well as contacts of an informative nature regarding the activities and services of the site, offers of a commercial nature of the affiliated companies and commercial partners.
8. The provision of data and consent to the processing of data for the purposes of the contract, i.e. the execution of the order and the related payment, is necessary for the conclusion and execution of the contract. Therefore, the refusal to provide such data or to consent to its processing makes it impossible for the user to purchase the products and services offered.
9. The provision of data and consent to processing for the purposes of commercial communications is optional. However, a refusal to provide such data or to consent to its processing may result in the impossibility for the user to receive additional services.
10. Users have the right to object, in whole or in part, to the processing of personal data concerning them for legitimate reasons, provided that they are relevant to the aim of collection, and to the processing of personal data concerning them for the purposes of sending advertising or direct sales material or for carrying out market research or commercial communication.
11. Users may also revoke at any time the consent to the processing of their data previously given to Radici Italiane.
12. All rights under EU Regulation 2016/679 can be exercised by the user by writing to the following email: box@radici-italiane.com
13. On the first visit, the user will be asked to choose his/her language and offered the possibility of saving his/her preferred language. To this end, the user authorises the use of identification codes known as cookies, i.e. small files sent by its Internet server and recorded on the hard disk of the user’s computer.
14. The hard disk collects information about the user’s language preference and stores the pages of the site visited. Cookies are used to prevent the user from receiving the same information repeatedly or in the wrong language, and to adapt the content and presentation of the site to the user’s browser type.

Art. 19 – Safeguard clause

1. In the event that one of the clauses of these General Terms and Conditions of Sale is null and void for any reason whatsoever, this will not affect the validity of and compliance with the other provisions of these General Terms and Conditions of Sale.