General Terms and Conditions of Sale

 

These General Terms and Conditions of Sale apply to the sale of goods and services on this website,  www.visualfood.org (the “Site”).

VisualFood S.r.l., with legal headquarters in Via Anacarsi Nardi 12, Modena, 41121; telephone 0039.059.9780414; fax 0039.059.9783182, is the owner of the Site and the registered domain name holder of the Site.

 

The goods purchased on the Site are sold by VisualFood. VisualFood is registered with the Registro delle Imprese di Modena (Modena Business Register), REA number (Index of Economic and Administrative Information) MO-397345 , CF/P.Iva (fiscal code/VAT number) 03546380365. The share capital is fully paid up to € 11,194 .

 

In this document VisualFood S.r.l. will be referred to as “VisualFood”, which is the brand name under which sales are conducted on the Site.

 

You can inquire about information/send communications/lodge complaints about sales, purchase orders, products, payment and shipping by contacting VisualFood Customer Service (also referred to as “Customer Service”), accessible under the “Contact Us” section of the Site.

 

1. - Scope and Registration

These Terms and Conditions of Sale are in accordance with the provisions of Directive 2011/83/UE and Legislative Decree 206/2005 (“Consumer Code”) and apply to all sales made by VisualFood on the Site. Sales details may be regulated by special conditions (“Special Conditions”). In such cases, the Special Conditions will apply in conjunction with these General Terms and Conditions of Sale, unless otherwise specified in the Special Conditions.

The General Terms and Conditions of Sale may be modified at any time.

Any changes and/or new conditions come into effect the moment they are published in the“Terms and Conditions” section of the Site. The user is therefore encouraged to access the Site regularly to check the most up-to-date version of the General Terms and Conditions of Sale published.

The General Terms and Conditions of Sale that apply are the ones in effect at the date of the purchase order.

These General Terms and Conditions of Sale do not regulate the sale of products and/or the supply of services by third parties that may be present on the Site via links, banners, or other hypertext links. Before carrying out commercial transactions with these entities, you must check their conditions of sale. VisualFood is not responsible for the supply of services and/or the sale of goods by such third parties. VisualFood does not monitor or control the websites accessed via these links. VisualFood is not liable for the content of these sites nor for any errors, omissions or law violations by these third parties.

Access to offers on this Site is restricted to users who are over the age of 18 and who have registered to the Site.

Access to offers on this Site is permitted both to users who are consumers as defined by Directive 2011/83/UE and the Legislative Decree 206/2005 “Consumer Code”, (i.e. individuals who access the Site for purposes not related to commercial, craft, business, or professional activities) as well as users who are not consumers under this definition.

VisualFood reserves the right to refuse orders from anyone at any time that are anomalous in regards to the quantity of products purchased or the frequency of the purchases made on this site.

To purchase VisualFood products, you must register to the Site, create a personal account, and accept these General Terms and Conditions of Sale by checking the appropriate box on the registration form. If you do not accept these General Terms and Conditions of Sale, you may neither register to the Site nor make a purchase.

In order to create an account on this Site, you must complete the registration form with your personal data, including email address and password, and click on “Create Account”. Registration will be confirmed via email. To complete the registration process, you must click on the link provided in the email.

Log-in information must be used exclusively by the user and may not be given away to third parties. The user agrees to keep this information confidential and assure that no one else has access. The user must report any suspected improper use and/or the disclosure of log-in information to VisualFood immediately.

The user guarantees that the personal information provided during the registration process is complete and accurate. The user agrees to keep VisualFood harmless against any claims for damages or penalties should they break the rules in any way while registering to the Site.

 

2. - Concluding the Contract

In accordance with Directive 2011/83/UE, Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, and the Legislative Decree 206/2005 (“Consumer Code”), VisualFood informs you that:

a) in order to conclude the sales contract of one or more products from the Site, you must fill out an order form in electronic format and send it to VisualFood electronically, following the instructions that appear on the Site and accompany the different phases of the purchase;

b) the contract is concluded when VisualFood records the order form, after verifying that the order and payment information is accurate;

c) before submitting the order form, you can check for and correct any errors in data entry by following the the instructions that appear on the Site and that accompany the different phases of the purchase. Once the order form has been recorded and the payment authorization for the total due has been confirmed, VisualFood will send the order confirmation and receipt of payment to your email address, along with a summary of these General Terms and Conditions of Sale and information regarding product details, price details, the method of payment used, procedures to exercise the right to withdrawal and shipping and any other additional costs.  You will also be directed to Customer Service where you can ask for help or make complaints. We recommend you keep the email receipt as proof of purchase;

d) the order form will be stored in the VisualFood database for the time necessary to fulfill the order  and be in accordance with the law. To access your order form, you can consult the “My Account – My orders” section of the Site where you will find a list of all orders placed.

Available languages to conclude the contract are Italian and English, or other languages which shall be made available on the Site.

 

3. - Offers and Prices

The offers quoted on the Site are valid for as long as they are displayed on the Site. Any valid dates of the offers are indicated on the Site. The prices of all products for sale on the Site are shown in Euro (€) and include value added tax (“VAT”) when appropriate. The cost of shipping and any other additional costs, shown in Euro (€) and including VAT when appropriate, that will be clearly and separably indicated on the order form before being submitted and will appear in the order confirmation email.

The prices of the products may be changed without prior notice; however, the price you will be charged is the one quoted in the product details sheet at the time of the order. The products remain the property of VisualFood until the purchase price, shipping costs and any other additional costs have been fully paid.

 

4. - Purchase Orders and Product Availability

VisualFood will proceed with the purchase order only after receiving confirmation of payment authorization for the total amount due, which includes the purchase price, shipping costs and any other additional costs, as indicated on the order form.

VisualFood reserves the right to refuse orders from anyone who does not provide sufficient guarantees of solvency or who is pending disputes.

The products offered on this site are limited in number. If more than one user purchases the same product simultaneously, there is the possibility that the product ordered will no longer be available after submitting the purchase order. Should the product ordered be made unavailable, the client will be promptly informed by email and the purchase order will be canceled. If the payment has already been made, VisualFood will immediately refund the client for the total amount paid – purchase price, shipping costs and any other additional costs – within a period of thirty days from the date after the order was made. The refund will be communicated via email and credited to the same payment method used for the purchase.

Any delays in the credit may depend on the bank institution, type of credit card or payment solution used. Regardless, the value date of the payment will be credited back to the date it was paid.

 

5. - Delivery

The delivery time of each product will be shown during the checkout process, prior to completing the purchase. It will also be indicated in the order confirmation and under the “My Account – My Orders” section of the Site. Even if the delivery period is not specified, your purchase will arrive within 30 days starting from the date after the order was made.

There are different methods of delivery and pick up available, indicated during the ordering process, that depend on the products purchased and options chosen.

The delivery is considered complete once the product is in your physical possession, or in the possession of a delegated third party.

 

General delivery stipulations

VisualFood will apply the following stipulations regarding product delivery:

1. - In the event that the product purchased is not delivered or is delivered late, you may submit a complaint to Customer Service by visiting the “Customer Service” section found under “Contact Us” on the Site. VisualFood will examine the complaint and if it appears that the failure or delay in delivery is attributable to VisualFood and not to fortuitous events or force majeure, you have the possibility to use the ordinary legal means available by law:

i) in the event that a package is not delivered, VisualFood will immediately refund the full price paid by the customer – purchase price, shipping costs and any other additional costs – within a period of thirty (30) days starting from the date in which the customer was informed of the outcome of the complaint;

ii) in the event that a package is delivered after thirty (30) days time and the customer wishes to keep the product purchased, VisualFood will immediately refund the cost of shipping paid by the customer within a period of thirty days, starting the date in which the customer was informed of the outcome of the complaint. If, however, the customer does not wish to keep the product purchased, VisualFood will immediately refund the total amount paid by the customer - purchase price, shipping costs and any other additional costs – within thirty days, starting from the date in which the customer was informed of the outcome of the complaint.

In either of the aforementioned events, the amount of the refund will be communicated to the customer via email and credited to the payment method or solution used at the moment of the purchase. Any delays in credit may depend on the bank institute, the type of credit card used or the payment solution chosen. Regardless, the value date of the payment will be credited back to the date it was paid.

It is up to the recipient to check the condition of the packaging of the product that has been delivered. If the packaging shows visual traces of tampering or alteration, you should report such damages to the packaging by writing "GOODS UNCHECKED", specifying the reason for the reservation (eg. "packaging broken", "package crushed", etc...) on the courier's proof of delivery and contact Customer Service immediately by visiting “Customer Service” under the “Contact Us” section of the Site. The provisions of Article 6 (Right of Withdrawal) and Article 8 (Warranties and Nonconforming Goods) of these General Terms and Conditions of Sale apply.

The above conditions do not apply to the purchase of “digital content” that is not delivered on physical media.

6. - Right of Withdrawal

The customer who has purchased products from the Site has the right to withdraw from the contract concluded with VisualFood, without penalty and without specifying the reason, within fourteen (14) days from the date of the receiving the merchandise.

In the event of withdrawal, the client is required to defray the cost of returning the merchandise to VisualFood and is responsible for any subsequent decrease in value resulting from handling the goods in any manner that is not exclusively necessary to establish the nature, characteristics and function of the goods.

To exercise your right of withdrawal, you must:

     send notification of withdrawal by means of an explicit statement to this effect addressed to Customer Service (under “Contact Us” on the Site);

     arrange for the shipping of the product(s) purchased, using a carrier of your choice and at your own expense, within fourteen days from the date in which you informed VisualFood of your desire to withdraw from the contract. The products must be suitably protected and, if possible, packed in the original packaging, complete with all accessories. Send the goods to be returned to the following address: VisualFood, Via Giardini 464, Scala F, 41124, Modena (MO), Italia.

In accordance with Article 56, paragraph 3 of the Consumer Code, only after receiving the products, ascertaining their integrity and verifying compliance with the terms and procedures for exercising the right of withdrawal, will VisualFood proceed to refund the sum paid by the customer as quickly as possible.

The amount of the refund will be communicated via email and credited to the same payment method or solution that was used for the purchase.

Cases in which the right of withdrawal is excluded:

Pursuant to Article 59 of the Consumer Code, the right of withdrawal is excluded in regards to:

       service contracts – after the service has already been performed, if the services began with the express consent of the client. There will be a consequent loss of the right of withdrawal following the implementation of the contract by VisualFood;

       products that have been personalized or made to the consumer's specifications. Products which, by their very nature, cannot be returned or are liable to deteriorate or expire quickly;

       sealed audiovisual products or computer software that was opened by the consumer after delivery;

        newspapers, periodicals and magazines;

            the supply of digital content that is not supplied on a tangible medium if the customer has already begun to use the content and has given his/her prior express consent and acceptance (as requested by VisualFood) that in such cases he/she loses the right of withdrawal in regards to the multimedia content.

7. - Payment Method

Products may be purchased on this site by credit card or through PayPal. Accepted credit cards are VISA, MasterCard and American Express. Credit card payments will be processed through a secure server-to-server connection using the protocol SSL (Secure Sockets Layer) with 128-bit encryption.

The credit card used for the payment will not be charged the moment the order is submitted. The customer will be charged only after (i) their credit card details have been verified and (ii) the credit card company grants authorization for the charge.

A commercial invoice will be issued with every purchase. The first time you make a purchase, you will be asked to provide the information necessary to address the invoice. Companies will be required to provide their tax codes or VAT numbers. This data may be modified later. The invoice will be sent to the customer via email.

In the event of a missing payment, VisualFood will charge the customer for the cost of handling the debt and will refuse the purchase order. You will be informed by email should this occur.

8. -Warranties and Nonconforming Goods

The product images and colors displayed on the Site may differ from their actual appearance due to computer software settings and/or your computer.

VisualFood is committed to correcting any errors that may occur in the product description on the Site in the shortest time possible, from the moment the error is reported. You can report an error by contacting Customer Service at “Customer Service” found under “Contact Us” on the Site.

Guarantee of conformity

All of the products sold on the Site are covered by the Legal Guarantee of Conformity established in Articles 128 – 135 in the Legislative Decree 206/2005 (“Consumer Code”) (“Legal Guarantee”). The warranty is reserved for consumers and therefore only applies to those who have made purchases from the Site for purposes unrelated to business, commercial, craft, or professional activities. The Seller (with respect to purchases made on the VisualFood site) is liable to the customer for any existing lack of conformity at the moment the product is delivered or that appears within two years of the delivery. The nonconforming goods must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date the defect was discovered.

To benefit from the warranty, you must first and foremost provide proof of the purchase and delivery date. For these reasons you are encouraged to keep the purchase invoice that VisualFood issues as well as any other document that might attest to the date of the purchase (such as your credit card statement).

What constitutes a nonconforming good?

There is a lack of conformity when the product purchased:

        is not suitable for its intended use;

        does not match the seller's description and is not of the quality the seller presented with samples and models;

        is not of the quality and performance the customer can reasonably expect with such goods, taking into account the claims made in advertising or labeling;

        is not suitable to the specific use desired by the customer, which was communicated to the seller and subsequently accepted when concluding the contract.

        Any failures, malfunctions, or defects that occur accidentally or as a result of the customer's misuse of the product and/or failure to use the product in accordance with its intended use, as described in the attached technical documentation (where applicable) or the product's instructions of use, are excluded from the scope of the warranty.

Any products that the user has repaired, modified or in any way altered are also excluded from the warranty.

Remedies available to the client

In the event of nonconforming goods duly reported within these terms, you have the right:

         primarily, to your choice of free repair or replacement of the goods. In the event that the requested remedy is objectively not possible or excessively onerous in relation to the original goods, the product will be replaced whenever possible, considering the type of sale and the number of items still available for sale.

         secondarily, to a price reduction or contract termination.

What to do if you receive nonconforming goods

If the product you have purchased shows signs of a lack of conformity while covered by the warranty, the user must contact VisualFood Customer Service at “Contact Us - Customer Service” on the Site to report the product and arrange for the shipping method of the goods.

The alleged nonconforming good must be shipped back to VisualFood so that we may verify the existence of the purported defect.

Refund or price reduction under the warranty

In the event of a refund or contract termination, VisualFood will reimburse the customer for the full price paid, including the purchase price and shipping costs. In the event of a price reduction, VisualFood will reimburse the remaining cost of the reduction, as agreed upon by the customer.

The refund or price reduction will be communicated via email and credited to the method of payment used for the purchase.

VisualFood is not liable for damages of any nature resulting from misuse of the product and/or use that is not in accordance with the manufacturer's instructions, as well as damages caused by fortuitous events or force majeure.

9. - Manufacturer's Warranty

The products sold on the Site may be covered by a manufacturer's conventional warranty (“Manufacturer's Warranty”). The customer may enforce this warranty exclusively with the manufacturer. The duration, time and territorial extensions, terms and conditions of use, types of damages and defects covered, and any limitations in the manufacturer's warranty depend on the individual manufacturer and are indicated on the warranty certificate included in the product packaging.

The Manufacturer's Warranty is voluntary and does not add, substitute, limit, affect or exclude the Legal Warranty.

FINAL PROVISIONS

10. -Exclusion of Liability in the Event of Force Majeure

VisualFood will never be held liable for non-compliance with any of the obligations deriving from these General Terms and Conditions of Sale if caused by fortuitous events and/or force majeure, including but not limited to, network failures, hardware structure failures and blackouts.

11. - Contests

VisualFood may organize contests reserved for users of the Site. The contest rules can be consulted in the appropriate section of the Site.

In the event that the prizes are vouchers or the equivalent, you may not under any circumstances exchange the vouchers for cash.

12. - Comprehensiveness

These General Terms and Conditions of Sale in conjuncture with the Special Conditions (when applicable) constitute the full agreement between VisualFood and users of the Site regarding sales made through the Site.

13. - Applicable Law and Jurisdiction

The contracts concluded between users of the Site and VisualFood are governed by Italian Law. In particular, the provisions of Article 45 et seq. of the Consumer Code and the provisions of Directive 2011/83/EU apply.

For any dispute relating to the application, implementation or interpretation of these General Terms and Conditions of Sale, the court presiding over where the user resides or is domiciled will have jurisdiction.

14. -Suspension, Modification or Termination of Sale on the Site

VisualFood reserves the right to suspend, modify or terminate sales on the Site. VisualFood cannot be held liable to the user or third parties for such suspensions, modifications or terminations.