General terms and conditions of sale

This document contains the General Terms and Conditions of Sale that govern the offer and sale of Products, via the website https://www.clai.it/ (hereinafter the "Site"), owned by CLAI S.C.A. located 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 at Via Gambellara 62/A - 40026 Sasso Morelli, Imola (BO), P.Iva 00502551203, registered under no. REA 154783 at the CCIAA of Bologna.

These General Conditions of Sale apply to the offer of the Products to consumers, meaning by consumers the natural persons acting for purposes not related to their commercial or professional activity, if any, as well as to the forwarding and acceptance of online purchase orders between the Seller and a consumer (commercial relations c.d. Business to Consumer or B2C). Therefore, please refer, to the extent applicable, to the rules contained in Legislative Decree no. 206/2005, so-called Consumer Code, and in Legislative Decree no. 70/2003, EU Directive 2011/83 and Legislative Decree no. 21/2014 on electronic commerce.

These General Terms and Conditions of Sale are subject to periodic update by Clai. The General Terms and Conditions posted on the site at the time the sale is finalized apply to each sale.

Clai invites you to read these Terms and Conditions carefully before proceeding with any purchase through the Site. For further information, the Customer may contact CLAI in the Contact section, found on the Site.

  1. DEFINITIONS

In these Terms and Conditions, the following terms have the meanings specified below:

  • Contract: a contract of sale having as its object 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 acting for purposes not related to the commercial or professional activity possibly carried out and is authorized to operate on the Site in order to purchase Products, according to the terms indicated in these Conditions
  • Order Confirmation: a final summary of the details relating to the Contract, i.e., the executed order, sent to the Customer by e-mail once payment has been made and the preparation of the order for shipment by the Seller (as governed by these Conditions) has commenced, therefore. The receipt of the Order Confirmation by the Customer constitutes the moment when the Contract is finalized. In detail, this document will contain a list of the Products actually purchased and information regarding the Price. It will also contain, in addition, all information regarding shipping data and costs. In addition, the total cost of the order (including VAT) and the main information regarding the payment made will be indicated.
  • Price: the contractual consideration, 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 the salumi Clai listed in the descriptions is approximate. The actual weight is shown on the packaging and/or wrapping.
  1. TRADE POLICY

2.1 Clai reserves the right not to fulfill orders from parties that do not fall under the definition of Customer, or otherwise orders that do not conform to its business 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 derisory in relation to the value of the Product, the Contract will be cancelled by Clai and the Customer will be informed accordingly, resulting in a refund in its favor of the amount paid.

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

  1. CONCLUSION OF THE CONTRACT

3.1 The purchase of a Product requires the registration of the Customer's data on the Site through the completion of the Order. The entry of personal credentials is necessary for the conclusion of the Contract.

3.2 The Customer shall be solely responsible for the truthfulness and correctness of the data entered and communicated to Clai when filling in the Order. It is understood that any damage, delay or inconvenience deriving from or attributable to the incorrectness or untruthfulness of the personal data entered during the purchase procedure, or in any case subsequently modified, can in no case be attributed to the Seller.
3.3 During the compilation of the Order, a reference to the General Conditions of Sale and a summary of the main information relating to each Product ordered is contained. In particular, the Price, means of payment that can be used, delivery methods and related costs are made explicit.
3.4 By transmitting the Order, the Customer unconditionally accepts and undertakes to observe, in dealings with Clai, these General Conditions of Sale. At the same time, the Customer confirms that it also knows and accepts the further information contained in the Site.

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

3.6 The language for concluding the Contract is Italian only.

3.7 The Price may be subject to update until the final submission of the Order. Submission of the Order implies confirmation and acceptance of the Price, except as set forth in Article 2.3.

3.8 Any active promotions on the Site relating to specific Products are not combinable with each other, unless otherwise notified by Clai.

3.9 Only purchase requests with shipment within Italy may be accepted by Seller.

3.10 In general, all Products offered on the Site are immediately available except in specific cases expressly indicated. However, Clai shall under no circumstances be held liable for the temporary unavailability of one or more Products, with the Customer waiving any claim for compensation or indemnity. If a Product is no longer available or on sale after the order confirmation has been sent, it will be the responsibility of Clai to notify the Customer.

3.11 The sending of the Customer's Order shall also be considered as acceptance of any partial delivery, limited to the Products available within the scope of those ordered, as well as a waiver of any claim for compensation or indemnity for this reason. If the Customer 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 "Timing and Method of Refund").
3.12 Once the order phase is completed, once the payment is successful, the Seller will send the Order Confirmation to the Customer to 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 you may use any of the methods indicated in the Order.
4.3 In case of payment by credit card, the payment procedure will be handled, in absolute security; the Seller will not come into possession of any information regarding the full number of the credit/debit card or the security code, or similar.


  1. ORDER CANCELLATION
    5.1 It is not possible for the Customer to cancel or revoke an order once an Order Confirmation has been received from Clai .
  2. SHIPPING AND PRODUCT DELIVERY

6.1 Clai ships the Products in Italy via couriers departing from its warehouse. Delivery will take place approximately within 5 working days, 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 make every effort to meet the above delivery times, but shall in no event be held liable for any damage or inconvenience caused by any delay.

6.3 Clai ships exclusively to Italy.

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

6.5 Upon delivery, the Customer shall verify the correspondence, quantity and integrity of the Products according to the order submitted. It is advisable for the Customer to sign the delivery documents only after such verification. The Customer is informed that any person present at the delivery address who is charged with signing the delivery document and/or transporting the shipment shall be deemed to be its proxy for the verification of what has been delivered and any consequent reports, with the Customer waiving any exception as to any defect in representation.

6.6 Any deficiencies, anomalies or damage to the Products shall be contested by the Customer immediately to the carrier, with more exhaustive description of the incident to Customer Service within the next 5 working days. If the dispute is well-founded, any shipping, replacement and redelivery costs will be borne entirely by Clai...
6.7 In the event that on the day of delivery the Customer cannot be found at the address indicated during the purchase process, a new delivery attempt will be organized and may take place the following day. In case of non-delivery even at the second attempt, the Products subject to the Order will be transported to Clai, where they will remain available to the Customer, for collection, until the due date. In case of non-pickup by the Customer, no refund or compensation will be due to the latter.

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

7.4 Upon delivery of the purchased Product, the Customer shall 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 otherwise altered, including in the sealing materials.

7.5 Once the courier's delivery document has been signed without reservation, the Customer may not object to any dispute as to the correspondence, quantity and external characteristics of what has been delivered, and the risk of loss or damage to the Products shall transfer to all intents and purposes to the Customer.

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 should be pre-announced as soon as the Products are delivered, with a note on the transport document, and be analytically described to Customer Service, within 5 working days after delivery.

7.8 Except in cases of manifestly unfounded reports, Clai will provide feedback to the Customer'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 D. Legislative Decree 206/2005, as amended by Legislative Decree 21/2014, the right of withdrawal is excluded in the following cases:

- Ordering custom-made or clearly customized Products;

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

- order of sealed Products that are not suitable to be returned for hygienic or health protection related reasons or that have been opened after delivery.
8.2 With reference to the cases of exclusion of withdrawal listed above, in particular, the Customer is informed that "Products in danger of deteriorating or expiring rapidly" include those Products of a food nature whose characteristics and quality are subject to alteration, including as a result of inappropriate storage by the Customer, after delivery; as well as fresh, easily perishable food products 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 Customer must contact Customer Service, following the procedure explained in Article 7 (Assistance).

  1. RETURNS

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

9.2 The Seller will, through appointed carrier, pick up at its own expense the product at the address indicated by the Customer, on a weekday and at an agreed time.
9.3 The returned package must mandatorily contain a copy of the Order Confirmation, sent to the e-mail address indicated by the Customer, and the waybill present on the package at the time of receipt. The package must absolutely be returned in its original packaging.
9.4 The Product will be examined to assess any damage and/or tampering not resulting from transport. If the original packaging and/or packages are damaged, Clai will deduct from the refund due a percentage equal to the respective loss of value of the Product.
9.5 Once the verification operations are completed, and if Clai ascertains the real presence of a defect on the delivered products, the refund procedure will be opened as described in the following paragraph. Clai will not proceed with the return of a replacement product.

  1. TIMING AND METHOD OF REIMBURSEMENT

10.1 The reimbursement procedure may result from: a) lack/non-conformity (due to non-compliance with the Order, defect, defects, damage) of Product at Delivery (defective, damaged, etc.); b) unavailability of Product subsequent to the Order.

10.2 Regardless of the payment method used by the Customer and subject to the provisions on withdrawal in Article 9 above, the refund shall be activated by the Seller in the shortest possible time and in any event within thirty (30) days of receipt of the goods returned by the Customer, 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 amounts due for their purchase, the reimbursement of the amounts will always be made by Clai in favor of the person who made the payment.

  1. PRIVACY

11.1 Privacy information is contained in the Privacy Policy that is 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, to the extent applicable, to the legislation on electronic commerce contained in Legislative Decree No. 70 of April 9, 2003, EU Directive2019/771 and the Consumer Code Legislative Decree No. 206 of September 6, 2005.

12.2 Any dispute which refers to the interpretation, execution, non-performance or termination of the Contract, or which in any way relates to the General Conditions of Sale, shall be submitted to the jurisdiction of the Court of Bologna when the law does not provide for the so-called consumer forum as exclusive.

  

Sasso Morelli, Imola, 11/22/23