General conditions of sale
This document contains the General Conditions of Sale that regulate the offer and sale of Products, through the website https://www.clai.it/ (hereinafter the "Site"), owned by CLAI SCA with headquarters in via Gambellara 62/A (40026), Sasso Morelli, Imola (BO), CF 00317470375, VAT number 00502551203, certified email clai@legalmail.it, email clienti@clai.it
The products purchased on the Site are sold by CLAI SCA with headquarters in Via Gambellara 62/A – 40026 Sasso Morelli, Imola (BO), VAT number 00502551203, registered under REA no. 154783 at the Bologna Chamber of Commerce.
These General Terms and Conditions of Sale apply to the offer of Products to consumers, meaning natural persons acting for purposes not related to any commercial or professional activity they may carry out, as well as to the forwarding and acceptance of online purchase orders between the Seller and a consumer (so-called Business-to-Consumer or B2C commercial relationships). Therefore, where applicable, reference is made to the provisions of Legislative Decree no. 206/2005, the so-called Consumer Code, and Legislative Decree no. 70/2003, EU Directive 2011/83, and Legislative Decree no. 21/2014 on e-commerce.
These General Conditions of Sale are subject to periodic updates by Clai. Each sale is subject to the General Conditions published on the website at the time of completion.
Clai invites you to carefully read these General Conditions of Sale before making any purchase through the Site. For further information, the Customer can contact CLAI in the Contact section on the Site.
- DEFINITIONS
In these General Conditions of Sale, the following terms have the meaning specified below:
- Contract : sales contract having as its object a Product, which is concluded between the consumer and Clai through a sales system organised on the Site, to which these Conditions apply
- Customer : the final consumer, i.e. the natural person who acts for purposes not related to any commercial or professional activity carried out and is authorised to operate on the Site in order to purchase the Products, according to the methods indicated in these Conditions.
- Order Confirmation : A definitive summary of the details of the Contract, or the order placed, sent to the Customer via email once payment has been received and the Seller has begun preparing the order for shipment (in accordance with these Conditions). The Customer's receipt of the Order Confirmation constitutes the moment the Contract is finalized. Specifically, this document contains the list of Products actually purchased and information regarding the Price. It will also contain all information regarding shipping details and costs. Additionally, the total cost of the order (including VAT) and key information regarding the payment made will be indicated.
- Price : the contractual price, including VAT
- Product(s) : the items listed on the Site and available for purchase, as described in the relevant product pages. Each product is sold individually; therefore, the weight of Clai cured meats shown in the descriptions is indicative. The actual weight is shown on the packaging and/or wrapping.
- TRADE POLICY
2.1 Clai reserves the right not to process orders from individuals who do not fall within the definition of Customer, or in any case orders that do not comply with its commercial policy.
2.2 In the event of an IT, manual, technical, or any other error, not foreseen by Clai, which could result in a substantial change in the Price making it exorbitant or negligible compared to the value of the Product, the Contract will be cancelled by Clai and the Customer will be informed, with consequent refund of the amount paid.
2.3 The Customer is always required to behave correctly and in good faith, particularly when using promotions or discount coupons. If the Customer's behavior is found to be incorrect or unlawful, Clai will cancel the order, stating the reasons.
2.4 Before proceeding with the purchase of the Products by sending their data and making the payment, the Customer is obliged to carefully read the General Conditions of Sale and the general conditions of use.
- CONCLUSION OF THE CONTRACT
3.1 Purchasing a Product requires the Customer's data to be registered on the Site by completing the Order form. Entering personal credentials is necessary to conclude the Contract.
3.2 The Customer will be solely responsible for the truthfulness and accuracy of the data entered and communicated to Clai when completing the Order. It is understood that any damage, delay, or inconvenience arising from or attributable to the incorrectness or untruthfulness of the personal data entered during the purchase process, or subsequently modified, cannot under any circumstances be attributed to the Seller.
3.3 When completing the Order, you will be referred to the General Conditions of Sale and a summary of the main information relating to each Product ordered. Specifically, the Price, available payment methods, delivery methods, and related costs are specified.
3.4 By placing an Order, the Customer unconditionally accepts and undertakes to comply with these General Conditions of Sale in their dealings with Clai. At the same time, the Customer confirms that they are aware of and accept the additional information contained on 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 change until the Order is finally sent. Submitting the Order implies confirmation and acceptance of the Price, except as indicated in Article 2.3.
3.8 Any promotions active on the Site relating to specific Products cannot be combined with each other, unless otherwise communicated by Clai.
3.9 Only purchase requests with shipment to Italy may be accepted by the Seller.
3.10 In general, all Products offered on the Site are immediately available, except in specific cases expressly indicated. However, Clai cannot be held liable under any circumstances for the temporary unavailability of one or more Products, and the Customer waives any right to compensation or damages. If a Product is no longer available or on sale after the order confirmation is sent, Clai will notify the Customer.
3.11 The Customer's submission of the Order constitutes acceptance of any partial delivery, limited to the Products available within the ordered scope, as well as a waiver of any right to compensation or damages for this reason. If the Customer has already paid for the full order, the Seller will refund the portion of the Price corresponding to the unavailable Products according to the methods described below (section "Refund Times and Methods").
3.12 Once the order phase has been completed, once the payment has been successful, the Seller will send the Order Confirmation to the Customer at the indicated email address.
- PAYMENTS
4.1 The Seller will only accept payments in Euro currency.
4.2 To pay the Price, one of the methods indicated in the Order may be used.
4.3 In the event of payment by credit card, the payment procedure will be handled in complete security; the Seller will not come into possession of any information relating to the complete credit/debit card number or security code, or similar.
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ORDER CANCELLATION
5.1 The Customer cannot cancel or revoke an order once the Order Confirmation has been received from Clai. - SHIPPING AND DELIVERY OF PRODUCTS
6.1 Clai ships Products to 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 of 15 working days from the date of sending the Order Confirmation.
6.2 Clai will do everything necessary to meet the delivery times indicated above, but cannot under any circumstances be held responsible for damages or inconveniences caused by any delays.
6.3 Clai ships exclusively to Italy.
6.4 All the above costs are inclusive of VAT, applicable at the legal rate.
6.5 Upon delivery, the Customer must verify the correspondence, quantity, and integrity of the Products according to the order submitted. It is recommended that the Customer sign the delivery documents only after this verification. The Customer is informed that any person present at the delivery address who is responsible for signing the delivery and/or transport documents will be deemed to be their representative for the verification of the delivered goods and any resulting reports, with the Customer waiving any objection regarding any lack of representation.
6.6 Any missing, defective, or damaged Products must be reported by the Customer immediately to the carrier, providing a more detailed description of the incident to Customer Service within 5 working days. If the complaint is valid, any shipping, replacement, and return costs will be borne entirely by Clai .
6.7 If the Customer is not available at the address indicated during the purchase process on the day of delivery, a new delivery attempt will be arranged, which may take place the following day. If delivery is unsuccessful on the second attempt, the Ordered Products will be transported to Clai, where they will remain available for collection by the Customer until the expiration date. If the Customer fails to collect the Products, they will not be entitled to any refund or compensation.
- 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 on each Product detail page. The images and colors of the Products offered for sale may, however, differ from the actual colors due to the Internet browser and monitor used.
7.3 The Seller takes the utmost care to ensure that the description and presentation on the Site correspond to the Product label. In the event of discrepancies between the two descriptions, the product label and the instructions for use provided with the product will prevail. Clai reserves the right to modify the Product packaging at any time.
7.4 Upon delivery of the purchased Product, the Customer is required to check that the type of Product, the number of packages and the Products delivered correspond to what is indicated in the transport document and the relevant Order and that the packaging is intact, not damaged, not wet or in any way altered, including the sealing materials.
7.5 Once the courier's delivery document has been signed without reservations, the Customer will not be able to raise any dispute regarding the correspondence, quantity and external characteristics of the goods delivered and the risk of loss or damage to the Products will be transferred in full to the Customer.
7.6 Any reports on the Products or any necessary information may be requested by the Customer, using the contact details indicated on the Site ( assistenzaclienti@clai.it )
7.7 Where possible, reports must be announced upon delivery of the Products, with a note on the transport document, and must be analytically described to Customer Service within 5 working days of delivery.
7.8 Except in cases of manifestly unfounded reports, Clai will provide feedback to the Customer's report by email sent to the address provided at the time of registration.
- RIGHT OF WITHDRAWAL
8.1 Pursuant to art. 59 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014, the right of withdrawal is excluded in the following cases:
- order of Products packaged to measure or clearly personalized;
- ordering Products that are liable to deteriorate or expire rapidly;
- orders of sealed Products that are not suitable for return for hygiene or health protection reasons or that have been opened after delivery.
8.2 With reference to the cases where withdrawal is excluded listed above, in particular, the Customer is informed that the "Products that risk deteriorating or expiring rapidly" include those food products 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 correct management of the cold chain.
8.3 If the ordered products are found to be defective, the Customer must contact Customer Service, following the procedure explained in Article 7 (Assistance).
- RETURNS
9.1 Following the opening of a return procedure, Clai will send the Customer an email containing a description of the product return procedures.
9.2 The Seller will arrange, through an appointed carrier, to collect the product at its own expense from the address indicated by the Customer, on a weekday and at the agreed time.
9.3 The returned package must contain a copy of the Order Confirmation, sent to the email address provided by the Customer, and the waybill present on the package upon receipt. The package must be returned in its original packaging.
9.4 The Product will be inspected for any damage and/or tampering not resulting from transport. If the original packaging and/or wrapping is damaged, Clai will withhold from the refund due a percentage equal to the respective loss in value of the Product.
9.5 Once the verification process is complete, and if Clai finds a defect in the delivered products, the refund process will begin as described in the following paragraph. Clai will not proceed with the return of a replacement product.
- REFUND TIMES AND METHODS
10.1 The refund procedure may be due to: a) lack/non-conformity (due to non-correspondence to the Order, defect, flaw, damage) of the Product upon Delivery (defective, damaged, etc.); b) unavailability of the Product following the Order.
10.2 Whatever the payment method used by the Customer and except as indicated in the withdrawal section of Article 9 above, the refund is activated by the Seller as quickly as possible and in any case 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 the 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 sums due for their purchase, the refund of the sums will always be made by Clai in favor of the person who made the payment.
- PRIVACY
11.1 The information on privacy is contained in the Personal Data Processing Policy which is present on the Site.
- APPLICABLE LAW ON DISPUTES
12.1 These General Conditions of Sale are governed by Italian law, with specific reference, where applicable, to the regulations on electronic commerce contained in Legislative Decree no. 70 of 9 April 2003, EU Directive 2019/771 and the Consumer Code Legislative Decree no. 206 of 6 September 2005.
12.2 Any dispute relating to the interpretation, execution, breach or termination of the Contract, or which is in any way related to the General Conditions of Sale, will be subject to the jurisdiction of the Court of Bologna unless the law provides for the so-called consumer forum as exclusive.
Sasso Morelli, Imola, 22/11/23