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General terms and conditions

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GENERAL TERMS AND CONDITIONS

 
 
General Terms and Conditions
(as per section I, Title 3, part 3, od d.lgs 206/2005 and subsequent modifications and integrations)

1. Introduction and effectiveness of the General Terms and Conditions

These general terms and conditions of sale (hereinafter, “General Terms and Conditions”) apply to the sale of products and services through the website www.foodexplore.com/en (hereinafter, the Website) under the law known as “Consumer Code”.

The seller of the products and the owner of the Website is: Explea s.r.l. located in Via Umbria 58, Seregno (MB) 20831, C.F/ P.I., with registered office in Monza e Brianza n. 9193130961, REA: MB-1903282 - email: [email protected] (hereinafter “Explea Srl”).

The customer who uses this Website to purchase products or services (hereinafter, “Customer”) before sending the order shall carefully read these General Terms and Conditions which will be accessible at any time by the same Customer, also through the link included in the confirmation email of each order to enable their reproduction and storing.

If the Customer requires the issuance of an invoice and/or in any case he/she is not a “consumer or user” as defined by the Consumer Code, the cancellation rights pursuant to Articles 7 and 8 of these General Terms and Conditions shall not apply, as well as the provisions that under the Consumer Code apply only to “consumers”.

The agreement entered into with Explea through this Website is governed by these General Terms and Conditions in accordance with the Italian law. English is the language used to enter into the agreement.

2. Choosing and ordering the Products

The features and the price of the products sold on the Website (hereinafter, “Product” or “Products”) are shown on the page relevant to each Product.

For purchasing the Products the Customer shall fill in and send the order form in electronic format, following the instructions on the Website. The Customer shall add the Product to the “Basket” and, after reading the General Terms and Conditions and the Privacy Policy and confirming their acceptance, he/she shall insert the shipping and billing data (if any), select the desired method of payment and confirm the order.

By submitting an order from the Website, which has the value of a contractual offer, the Customer acknowledges and declares to have read all the information provided during the purchase procedure and to fully accept these General Terms and Conditions and the applicable terms of payment.

The agreement entered into between Explea and the Customer shall be considered as concluded once the order has been accepted by Explea. This acceptance is communicated to the Customer via an order confirmation email containing a reference to these General Terms and Conditions, the order number, the shipping and billing data, the list of ordered Products with their essential characteristics and the total price, including delivery charges. The Customer shall check the confirmation email and if he/she finds mistakes in the order, he/she shall have 12 hours from the receipt of such email to contact the Customer Service directly from the Website using the special contact form, accessible in the section “Help”. After this deadline, the order shall be processed for shipment and further changes will no longer be accepted, without prejudice to the Customer's rights under section 7 below.

Once the order has been received, Explea shall check the availability of the stocks for the fulfilment of the order. In the event that one or more of the Products are not available, the Customer Service of Explea shall timely send an email to the Customer who, within the next 12 hours, will have the right to reply in order to confirm the shipment of the Products available or cancel it. If the Customer will not reply within this time limit, the order shall be considered as confirmed and the available Products shall be shipped. In this latter case the full amount relating to missing Products shall be reversed or, depending on the chosen payment method, will not be charged to the Customer.

3. Product information

The Products information and features are available, with their related Product codes, on the Website.

The graphic representation of the Products on the Website, if available, normally corresponds to the photographic image shown together with the product description. 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 their characteristics and qualities but may differ in colour and size. In case of a difference between the image and the product description, the description shall prevail. For packaged products, the producer is also responsible for the accuracy and completeness of the information on the packaging.

4. Price 

Product prices are italian VAT included but these may change in excess or in defect depending on the country of destination of the goods. Taxes will be calculated in the shopping cart or in the checkout once the customer selects his shipping address. All prices are expressed in Euro. The shipping costs are responsibility of the customer, except for any promotions or alternative indications available at Shipping costs webpage.

ALCOL SALES

We can ship spirits in Italy, Germany and France. Excise costs are included in the displayed price.

 5. Payment and billing

Customer may pay Products and delivery costs by Credit Card, PayPal, Bank Transfer

Credit Card

The circuits on which it is possible to buy on the Website are:

Visa/Visa Electron
Mastercard
American Express
In order to guarantee the maximum security, the Customer shall carry out the payment transaction directly on the secure server of the bank. The Website does not store the credit card number of the Customer.

PayPal

Once the order is confirmed, the Customer shall be redirected to PayPal's website where he/she may carry out the payment with his/her account or by using a card, also a prepaid one, or also in the manner accepted by Paypal and in compliance with the relevant conditions.

Bank transfer

Customer will have to process their bank transfer within 3 days after products order placement and within 1 day after events/courses order placement. Should this not take place, customer’s order will be cancelled while products, events and course will be once again made available for purchase upon other customers. Customers who fail to wire a bank transfer may be contacted by Customer Service with the aim to find out whether the failure is to be ascribed to Customer’s decision to refrain from purchase or other reasons.

Bank wire transfer information:

C/C: EXPLEA S.R.L..
IBAN: IT63C0326820400052117888490
BIC/SWIFT: SELBIT2BXXX
Bank: Banca Sella
Reason for payment: Customer will have to enter their order’s date and number, which can be retrieved in the order confirmation email (i.e. “Order 01/01/16 no. 100012345”).

6. Transport and delivery 

The Products purchased on the Site will be sent to the address indicated by the customer. The customer has in any case the right to demand delivery of the goods to a person of his choice, whose residence or domicile is within the Italian territory. At the time of delivery will require the signature of an adult over the age of 18. Deliveries can not be made to PO boxes.

For each order completed on Site, Explea issue an invoice for the shipped Products, sending it via e-mail or registered mail to the Customer, in accordance with Presidential Decree 445/2000 and Legislative Decree no. 52/2004. For the issuance of the invoice Explea will refer to the information provided by the Customer. No change in the bill will be possible after the issuance thereof.

Delivery costs are payable by the Customer and are clearly indicated on the Site and in the order form.

Shipments can be made with various couriers depending on the country of destination to ensure the customer the best available rate and will run from Monday to Friday, except public holidays and national holidays. EXPLEA not responsible for unpredictable delays.

Explea send the customer an e-mail confirmation once shipped products, which will be given the tracking number of the shipment through which you can view, after inclusion on the courier’s website, the status of the shipment.

In any case, except in cases of force majeure or unforeseeable circumstances, in accordance with the Consumer Products will be delivered within a maximum period of 30 (thirty) days from the day following that on which the customer has sent the order to Explea, Explea does not communicate unless - within the same period, by e-mail - the inability to deliver the goods ordered due to sudden and temporary unavailability of the Products. In the event of such communication, Explea will refund any amounts already paid by the Customer for payment for the supply. In the event that, in the face of communication Explea of a delay in the delivery date, the Customer wishes to cancel the order, any amount paid by the same shall be refunded as soon as possible, but no later than 30 (thirty) days from the day following that on which the customer has sent the order to Explea.

For delivery of goods requires the presence of the customer or his representative at the address indicated in the order. At the time of the delivery by the Courier, the Customer is required to check that the number of packages delivered corresponds to what is indicated in the transport document and the package is intact or altered. Damage to pack and / or to the Products or the mismatch in the number of packages must be immediately notified by reserves of writing on the proof of delivery courier. Once signed the Courier's transportation document, the Customer may not oppose objection on the external characteristic of the delivered package.

 

In the event of delayed delivery due to: 

  • Incorrect shipping address given during the purchase process
  • Non-delivery due to absence of the recipient
    Please note that for these cases, any damaged perishable products will not be refunded/returned

We recommend that you add during the purchase process:

  • In the recipient name the address on the bell 
  • it is advisable to provide a delivery address where someone will be present to collect the goods 
  • The courier is NOT required to call to arrange delivery
  • in the event of delivery by the courier to a recipient other than the one indicated in the order, Explea SRL shall not be held liable for any damage to the goods shipped, and will not be reimbursed.

 7. Right of cancellation

 Under 'Articles. 64 and ss. of the Consumer Code (Legislative Decree 2005/206), the customer is entitled to withdraw from the purchase contract for any reason, without explanation and without penalty.

To exercise this right, the customer must send Explea notice within 14 working days of receipt of the goods. Such notice shall be sent by email at [email protected] filling out the form available at this LINK or registered letter with acknowledgment of receipt, addressed to:

To the kind attention of the Office of Returns and Refunds
Explea s.r.l.
Via Umbria 58
20831, Seregno (MB) – Italia

Once such notice of termination will be received, the Customer Service FoodExplore.com will inform the customer instructions on how to return the goods which must be received in our warehouse within 14 days from authorization.

The right of withdrawal is subject to the following conditions:

1. The law applies to product purchased in its entirety, it can be exercised only on the withdrawal of the product.

2. By law, the shipping costs for return of the goods shall be borne by the customer.

3. The expedition, until the certificate of receipt in our warehouse is under the responsibility of the customer.

4. Explea is not responsible in any way for damage or theft / loss of goods returned by uninsured shipments.

5. If the goods are damaged in transit, Explea will inform the customer (within 5 working days of receipt of the goods in their stores), to enable him to file a complaint against the carrier of his choice and to obtain reimbursement of the value the good (if insured). In this case, the product will be made available to the customer for his return while canceling the request for withdrawal.

6. The right of withdrawal only applies to non-perishable products

The right of withdrawal is lost for lack of the essential integrity of the good (box and / or its contents), where Explea finds:

a. The lack of external and / or wrapper containing the product purchased (eg pasta, cookies, etc. ..)

b. Damage to the product for reasons other than transportation.

In case of forfeiture of the right of withdrawal, Explea will return to sender the property purchased by charging the same shipping. 

In case a refund is necessary, caused by the returning of the products after the right of withdrawal has been exercised, EXPLEA will begin the necessary refund procedures, through the online payment circuits, within 14 working days since the day the right of withdrawal has been exercised.

 

Replacement of delivered damaged article (DOA - Dead On Arrival)

The DOA (Dead On Arrival) procedure can be activated when goods delivered are damaged within 8 calendar days of receipt. The service can be activated by contacting our Customer Service. Once the procedure has been activated, the Explea srl. benefit Service will propose to the Customer, based on the availability of the DOA item at that time, the replacement of the faulty/damaged product, the issue of a voucher for the value of the damaged product or the issue of a refund with simultaneous re-credit through the same payment method used by the Customer to make the purchase. The amount of the refund shall be calculated taking into account any offsets and promotions on the purchase invoice. The damaged item will have to be shipped by express courier to the address that Customer Service will indicate to you. Transport costs will be borne by Explea Srl. Goods subject to DOA must be sent back in a rigid box containing the original packaging, which must be ABSOLUTELY: - free of any writing or tears - complete with all accompanying material - complete with internal protections to preserve its good condition during transport. This service can be activated within 8 days of receipt of the goods; if the goods are not complete with all their accompanying parts or accessories. Before activating this service, Explea srl recommends that you compare what has been delivered to you with the technical description of the article and the accompanying material on the site. Damage to the Goods during transport to your home. In the event that the courier delivers the goods to the Customer with packaging that is visibly damaged, Explea srl recommends, in order to obtain a refund or replacement, to accept the goods by affixing the words "Accepted subject to control" on the transport document. If the courier denies such control, place the words "Accepted subject to control" on the courier's delivery note. The customer will then have to promptly contact and, in any case, no later than 8 days, the Explea srl Customer Service, which will open a damage file for the replacement of the goods, and will also have to send an e-mail to [email protected] indicating that the goods have been picked up subject to control and reporting the anomaly found and attaching photos to prove it. In the event that the customer contacts Foodexplore.com Customer Service after the eighth day, and does not follow the points indicated above, the refund/return request will not be accepted.

8. Warranty and Lack of Conformity

In case of lack of conformity of the Products sold by Explea the Customer shall immediately contact the Customer Service using the appropriate contact form accessible or sending communication to [email protected].

The sale of Products shall be subject to the legal warranties provided in the Consumer Code. The Customer is entitled, at his/her option and to the extent that the type of the Product permits so, to a free of charge restoration of the Product’s conformity by repair or replacement, or to an appropriate reduction of the price or to the termination of the agreement. The Customer looses these rights if he/she does not report the lack of conformity to Explea within two months from the date in which he/she discovered the defect, unless the Product by its nature is perishable or subject to expire in a shorter term, in which case the defect shall be reported within that reduced time.

9. Errors and limits of liability

Information relating to the Products provided through the Website are constantly updated. However, it is not possible to guarantee the complete absence of errors of which Explea may not be held responsible, without prejudice to cases of wilful misconduct or gross negligence.

Explea reserves the right to correct any errors, inaccuracies or omissions also after an order has been sent, or to change or update information at any time without prior notice, without prejudice to the rights of the Customer under these General Terms and Conditions and the Consumer Code.

Without prejudice to cases of wilful misconduct or gross negligence, every Customer's right to compensation for damages or to the recognition of an indemnity is excluded, as well as any liability in contract or tortious liability for direct or consequential damages to persons and/or things, caused by the lack of acceptance or even partial fulfilment of an order.

Explea promotes responsible alcohol consumption and accepts no liability, without prejudice to the cases of wilful misconduct or gross negligence, in the event of purchase made by minors of 16 years.

10. Complaints

Any complaint shall be forwarded to Explea using the appropriate contact form accessible on the Website in the footer section, or by sending communication at the email address [email protected] or, finally, sending registered mail to the following address:

To the kind attention of Explea Complaints Department
EXPLEA s.r.l.
Via Umbria, 58
20831, Seregno (MB) 

Explea is committed to reply to all requests received within a maximum of 7 working days.

11. Privacy policy

Please, refer to the Privacy section available in the footer of the website or accessible at the link here.

12. Applicable law and jurisdiction

The sale agreement between the Customer and Explea is intendedly made in Italy and is governed by Italian law. For the resolution of disputes concerning the interpretation, execution or termination of these General Terms and Conditions or individual purchase orders if the Customer is a consumer within the meaning of the Consumer Code, the Court of his/her place of residence or domicile shall have exclusive jurisdiction if located within the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Monza, excluding any other competent court.

13. Online dispute resolution platform (ODR)

In compliance to the art. 14 of Regulation (UE) No. 524/2013 and ODR Resolution of Statutory Instrument No. 500/2015 active since 15th of February 2016, an online dispute resolution platform (ODR) is available for online purchases at the following link:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage

Further informations can be found at:

https://webgate.ec.europa.eu/odr/main/?event=main.about.show

FoodExplore team is available to answer to any further clarification at the following address: [email protected]