GENERAL TERMS AND CONDITIONS OF USE AND SALE FOR ALL USERS
1. These general terms and conditions of use and sale (hereinafter "General Terms and Conditions") concern the regulation of the purchase of products and services, carried out remotely and made available, via the internet, by the website https://www.cibilia.com/ (the "Website") in compliance with the Italian legislation pursuant to Legislative Decree no. 206/2005, amended by Legislative Decree no. 21/14 and Legislative Decree no. 70/03, and subsequent amendments and additions (hereinafter referred to as the "Consumer Code").
2. The Website was conceived, designed and managed by CIBILIA CAPUT CIBI SRL [EU VAT No. IT04187800711] with registered office at Via Luigi Galasso 16/a 71011 Apricena (FG), henceforth also referred to as "CIBILIA" and offers an e-commerce service for food makers of verified quality food and beverages, also providing users with the opportunity to become ambassadors of such expertly prepared foods.
3. In the General Terms and Conditions for requesting services provided by https://www.cibilia.com/, "User" means any legal or natural person that benefits from any service provided on the platform. Accessing, browsing and consulting the Website through simple use of the contents imply the express acceptance of these General Terms Conditions, even without registering on the Website by creating an account.
4. These General Terms and Conditions may be subject to changes at any time by CIBILIA. It is understood that the applicable terms and conditions are those in force on the Website at the time of use.
5. The Website https://www.cibilia.com/ is reserved for people who are of legal age and can be identified as private individuals, minors under eighteen years of age authorised by their parent or guardian, as well as legal persons interested in promoting and/or selling the products. In any case, CIBILIA invites anyone who is responsible for a minor who is less than eighteen years old to monitor their use of the Website.
6. Access to certain services offered by https://www.cibilia.com/ may be subject to the creation of an account. Information may be requested from the User in order to identify him/her when creating this account. The User undertakes to transmit exact and complete data regarding his/her identity and to refrain from usurping the identity of another. In the event that this commitment is not complied with, CIBILIA reserves the right not to confirm, suspend or delete the account.
7. The User undertakes to refrain from any behaviour contrary to the law, by way of example but not limited to:
- extracting or collecting the personal data of Website users by any means;
- extracting, recording or exploiting - for purposes other than exclusive viewing while browsing the site -data or content of others;
- using the identity of third parties and/or publishing any personal information of others;
- storing, disseminating or publishing any content that could harm, directly or indirectly, the rights of CIBILIA.
8. the Website, https://www.cibilia.com/ is structured through the interaction of three types of Users: "Customers", "Cibilians" and "Food Makers".
"Food Makers" means any natural or legal person who registers on the Website in order to sell their food products on the platform, while "Customer" means any natural or legal person who registers on the platform in order to buy such products. The food maker, in addition to these General Terms and Conditions, must also accept the FOOD MAKERS MARKETPLACE MEMBERSHIP AGREEMENT.
In the event that a User wishes to become an ambassador of the quality and excellence of certain products promoted and offered for sale by https://www.cibilia.com/, he/she will have to integrate his/her position, accepting also the conditions relating to use of the platform as Cibilian. The Creation of the product sheet for sale on the Website is identified by the "created by" attribute to inform the User if the product he/she is viewing has been listed on the platform by a Cibilian, a Food Makers or by the CIBILIA Admin.
9. In accordance with these General Terms and Conditions, CIBILIA sells and the Customer buys remotely the goods indicated and offered for sale on the Website. Before the conclusion of the purchase contract, the Customer takes a look at the characteristics of the products illustrated in the relative sheets. To buy Products, the Customer must fill out and submit the order form electronically, following the instructions found on the Website.
10. Before confirming the order with "payment obligation", the Customer shall therefore be informed regarding: -
total price of the goods including taxes, with details of shipping costs and any other costs;
- method of payment;
- the deadline by which CIBILIA undertakes to deliver the goods;
- conditions, terms and procedures for exercising the right of withdrawal;
- information that the Customer will have to bear the cost of returning the goods in case of withdrawal.
11. The sending of an email confirmation by CIBILIA to the CUSTOMER is considered as confirmation of the online sales contract. The e-mail contains the Customer's data and the order number, the price of the goods purchased, shipping costs and the delivery address to which the goods will be shipped and the link to download and store a copy of these General Terms and Conditions, as required by Article 51 paragraph 1 of the Consumer Code. The Customer undertakes to check that his/her personal information is correct and to promptly notify CIBILIA of any errors if any.
12. Availability of the products listed on the Website refers to current availability at the time the Customer places the order. This availability must in any case be deemed to be purely indicative since the products could be sold to other Customers before confirmation of the order, due to the simultaneous presence of several Users on the Website, or an information could may take place that would make a product available for purchase without it being available in reality. Even after the e-mail confirming the order sent by CIBILIA, there may be cases of partial or total unavailability of one or more products.
In such cases, the order will be automatically adjusted by removing the unavailable product or products and in such cases, the Customer will be immediately informed by CIBILIA via email. With this e-mail, the Customer will also be informed of the methods and timing of refund of any amounts paid.
Furthermore, CIBILIA reserves the right to cancel all or part of an order in the event of violation of these General Terms and Conditions, in the event of force majeure events or in the event of violation of applicable laws.
13. The products will be delivered by courier to the address indicated by the Customer at the time of the order within and no later than 30 days from the date of receipt by the Customer of the e-mail order confirmation sent by CIBILIA. For every order placed on the website https://www.cibilia.com/, CIBILIA issues an invoice for the goods shipped. The invoice is available and printable, after the order has been completed, in the "My orders" section of the User's area.
14. CIBILIA undertakes to ensure that the items sold on the Website are described in the best possible manner. It is understood that the photographs of the products presented on https://www.cibilia.com/ do not constitute a contractual element, as they are to be considered only representative. In any case, slight differences between the photographs and the reality of the products cannot be considered defects of conformity.
15. The Website https://www.cibilia.com/ facilitates transactions between Food Makers and Customers, and although it selects the Food Makers who can have access to it in accordance with the certain requirements of excellence and quality listed on the Website, it does not have a direct control on the manufacturing methods of the products and on the quality of the same, or on the characteristics and descriptions of the products entered by the Food Makers and/or by the Cibilians in the product data sheets.
16. Therefore, CIBILIA accepts no responsibility for any untruthful data and/or improper use of the material published on the profile of the Food Maker. By using the Website, the Customer agrees to indemnify and hold CIBILIA harmless from any liability and any direct, indirect damage, cost and expense arising from:
- any information found on the Website that is not published by CIBILIA;
- errors, inaccuracies or small differences between the product depicted in the photographs on the Website and the actual product;
- consumption of products purchased through the Website;
- any activity related to participation on the Website contrary to these General Terms and Conditions.
17. All the sales prices of the products indicated on the Website https://www.cibilia.com/ are expressed in Euro and include VAT. Delivery charges are not included in the price, but are shown and added at the end of the purchase process, before payment is made.
18. In accordance with the legal provisions in force, the Customer has the right to withdraw from the purchase without any penalty and without specifying the reason, within the period of 14 days from the date of receipt of the products, by sending an e-mail to the address [email protected]
19. In case the right to withdraw is exercised, the Customer must return the goods within 14 days from the day on which he/she communicated his/her intention to withdraw from the contract to CIBILIA, pursuant to Article 57 of Legislative Decree no. 206/2005. The goods must be returned intact, in the original packaging, complete with all parts and complete with the attached tax documentation, and must be returned to the CIBILIA's registered office as indicated in point 1 of these General Terms and Conditions. Without prejudice to the right to verify compliance with the above, CIBILIA will refund the amount of the goods subject to cancellation within a maximum period of 14 days. The costs for the return of the goods are charged to the Customer, unless otherwise specified.
20. Without prejudice to the provisions of paragraph 19 above, pursuant to Article 59, paragraph 1, letter d) and e) of Legislative Decree No. 206 of 6 September 2005, of the "Consumer Code", the right of withdrawal is excluded in relation to:
- order of products by a Customer who is not a consumer and/or who requests an invoice
- order of tailor-made or clearly personalised products;
- order of products that are likely to deteriorate or expire rapidly;
- order for sealed products that cannot be returned for hygienic reasons or reasons related to health protection or that have been opened after delivery.
With reference to the cases where the right to withdrawal cannot be exercised as specified above, the Customer, in particular, is informed and agrees that the products that "are liable to deteriorate or expire rapidly" shall include all food products (including wines, spirits and drinks), seeing as the characteristics and the quality of these types of products are subject to alteration, also as a consequence of incorrect storage. Therefore, for hygienic reasons and for protection of Users, the right of withdrawal is only applicable to products purchased through the Website that can be returned to CIBILIA intact with the respective seal, and put back on the market without endangering the health of consumers.
21. CIBILIA will try to resolve any disputes arising between the "Food Makers" and the "Customer". In any case, CIBILIA will in no case be held liable for any damage caused by the product purchased or by any negligence of the Food Maker.
22. The consultation and use of the Website takes place under the sole responsibility of the User. CIBILIA cannot be held responsible for damages deriving from access, use of the Website and the information contained therein. The User is informed of the possibility that CIBILIA may temporarily interrupt access to the Website for technical reasons related to maintenance and may ask the User to renounce any claim for damages. CIBILIA will under no circumstances be considered responsible for:
- any malfunctions of the network that do not allow the correct functioning of the Website,
- any loss of data,
- any consequences deriving from computer viruses, bugs, anomalies or malfunctions.
23. Any claims for defects inherent in the products purchased on the Website may be filed within 7 days of delivery of the product or products by sending an email to [email protected] specifying the reason for the claim.
24. All content on the Website created by CIBILIA, including by way of example and not limited to the graphics of the web pages, trademarks, designs, other materials protected by copyright, are the exclusive property of CIBILIA which retains all the rights of Intellectual property.
26. These General Terms and Conditions are subject to Italian law.
27. For any dispute raised by the User regarding the service performed by https://www.cibilia.com/, the Court of Foggia has exclusive jurisdiction.
28. Pursuant to and for the purposes of Articles 1341 and 1342 et seq. of the Civil Code, the User declares to have read and understood and to expressly approve the following points: 7 (user obligations); 11 (conclusion of the contract); 14 (truthfulness of the product description); 16 (indemnification); 20 (restriction on withdrawal); 22 (limitation of liability); 26 (applicable law); 27 (jurisdiction).
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