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GENERAL CONDITIONS OF ONLINE SALE

1. Preconditions

The following sales conditions apply to products purchased remotely online at the website www.crucaviar.it. They are regulated by the Italian legislation D.Lgs 206/2995 (Codice del Consumo); eventual changes and additions enacted in D. Lgs. 70/2003 - pursuant of the European directive 2001/31/CE - in the area of Electronic Commerce, outlined in the EU Regulation 679/2016 of Protection of Personal Data of D. Lgs 21/2014 - pursuant of the European directive 2011/83/UE regarding Cookie Policy, together with the contract norms of the Italian Civil Code.
The seller and owner of the website www.crucaviar.it is Caviar Import S.r.l, with legal residence and headquarters in Via P.S. Mattarella, 20/B 30037 Gardigiano di Scorzè (VE) Italy C.F/ P.I. IT 03946810276 and registration at the Registro Imprese di Venezia n. 03946810276, REA: 352071- Email address info@crucaviar.it – info@caviale.it.
Clients who navigate to the website www.crucaviar.it with the intention of purchasing are kindly asked to carefully read the General Conditions, available on the website at any time through the link within the order confirmation email.
In the case in which a client that makes purchases on the website www.crucaviar.it isn't a “consumer or user” as defined in art.4, comma 1, lett. a) of the Consumer Code, they will not have the Right of withdrawal as defined in art.8, neither the provisions that, according to the same Consumer Code, apply only to "consumers".
The contracts concluded with Caviar Import S.r.l through the website www.crucaviar.it are regulated by the General Conditions in respect of Italian policy. The language available to conclude the contract is Italian.

2. Orders and product availability

The characteristics and the prices of the products sold on www.crucaviar.com are detailed in the corresponding description of each product.
For the purchase of products the Client will need to fill out and send the order form digitally, following the instructions on the website. The Client will need to add the product to the “Shopping Cart,” fill in the billing and shipping information, select the payment method, and after viewing and confirming the General Sales Conditions and Privacy Policy, confirm the order. With the order confirmation from the website www.crucaviar.it which has the value of a contract proposal, the Client recognizes and declares that they’ve read all of the instructions provided during the purchasing process and of accepting the General Conditions and payment conditions.
The contract stipulated by Caviar Import S.r.l and the Client is concluded with an acceptance of the order by Caviar Import S.r.l. This acceptance is communicated to the client through an order confirmation email sent with a reminder of the General Conditions, the order number, the shipping and billing information, a list of the products ordered and the price, including shipping costs. The Client will check the confirmation email and if there are errors, will have 12 hours to contact Customer Service. Once past the 12 hours the order will be processed for shipping and changes to the order will not be accepted, without prejudice to the Customer’s right as stated in article 8.
Once the order has been received, Caviar Import S.r.l will verify the availability of the product in stock in order to fulfil the order and also to constantly monitor their stock so that products are consistently available.
If one or more of the products is unavailable, Caviar Import S.r.l will notify the customer via email. The customer will then have the following 12 hours to respond and confirm the shipment once products are back in stock or to cancel the order. If a reply from the customer is not received the order will be considered confirmed. The available products will be shipped and the amount corresponding to the unavailable products will be transferred immediately back to the customer via the pre-selected payment method.
If the unavailability of the products is to be discovered only after a charge has been made, Caviar Import S.rl. will reimburse the money in accordance with the payment used to make the order.
Caviar Import S.r.l will keep copies of the orders received and approvals sent for a reasonable amount of time in observance of the applicable law. The above-mentioned documentation will be kept on the company’s data server and will be accessible to the personnel that need to consult it if necessary for the correct implementation of contractual conditions. The documentation will be accessible to third parties only to carry out the conditions, along with legitimate subjects based on applicable law.
The client declares that he or she is of age and has the legal capacity to sign a contract and the information provided at the moment of placing the order are updated, accurate and sufficient to carry out the order.
Customers are banned from entering false or made up information in the registration process necessary to activate the procedure for the execution of the present contract and the following relative communications; personal details and email need to be exclusively the personal data of the customer and not third parties or invented.
Customers are forbidden from double registrations corresponding to a single person or from putting in the personal details of a third person. The agency reserves the right to legally pursue each violation and infringement in the interest of consumer protection. The customer indemnifies the company of every responsibility derived from the issuing of incorrect fiscal documents due to errors made when the customer indeed their data, as it is the client his or herself responsible for the correct entry of personal data.

3. Information on the products

The information and descriptions of the products are available on the website www.crucaviar.it
The representations of the products on the site www.crucaviar.it correspond to the photograph and description given and have the objective to present them for sale. It is implied that the images of the products, being only representative of its characteristics and quality, does not constitute a contractual element and may slightly differ from the actual product.

4.Prices

The prices of the products are in euro and inclusive of VAT. Before confirming the order, Caviar Import S.r.l. reserves the right to communicate errors or variations relative to the price detailed in the product description. Upon the occurrence of this event Caviar Import S.r.l will inform the customer in a timely fashion to guarantee the possibility for the client to cancel the order. If the client decides to go through with the order, he or she accepts the modified price. In of differences, the new price will always prevail.

5.Method of Payment

The client can make the payment either with credit card, Paypal or a bank transfer in advance. Communication regarding the payment and the personal details given by the customer will be secured and strictly adhere to the use of security protocols put in place by payment networks.
A credit card transaction will be completed directly on the bank’s secure server to guarantee maximum security.
For payments made through PayPal, once the order is confirmed the customer will be redirected to the PayPal website where they will be able to make the payment with their account or by using a prepaid card, or through other methods accepted by PayPal.
The customer who decides to opt for a bank transfer will have to make the payment within three days of the order date. Only with credit on their bank account made out to Caviar Import S.r.l. as indicated on the purchase form will the order confirmation and shipping of the merchandise be carried out. If the payment is not made within three week days the order will be cancelled. Caviar Import S.r.l. Reserves the right to contact the Customer if they have not made the bank transfer to clarify if this is because the client has chosen not to confirm the purchase or other reasons. The Customer will indicate the purpose of transfer, the date and the order number.
Caviar Import S.r.l isn’t responsible for the fraudulent or illicit use of third parties of credit cards or other payment methods, to the act of payment itself. As already stated, the company, in no moment of the purchasing procedure is capable of knowing the credit card number of the buyer which, by opening a protected connection, is transmitted directly to the bank’s management services.

6. Order invoicing

If the order was made by a company or by a professional it is possible to request an invoice by selecting the relevant box during the order procedure and entering the billing information including the fiscal code and/or VAT number. The company or the professional will be responsible for correctly entering the billing information.

7. Shipping and delivery

Shipments in Italy: free. Shipments in Europe: € 15,00.
In agreement with Customer Service, the customer can choose the carrier, with the understanding that the transport will occur at his own risk and the client has to provide in advance for the shipping payment.
The products purchased on the website www.crucaviar.it will be delivered to the address indicated by the Customer during the purchasing process in the field “Shipping Information.”

All of the purchases will be delivered via an express carrier from Monday to Friday, excluding holidays. With prior arrangements made the purchase can also be delivered on a Saturday

.

Except for force majeure the delivery will occur as soon as the ordered products are available and payment has been received, generally in 24 to 48 weekday hours.

If the client isn’t present at the delivery the courier will leave a notice; the client can immediately contact Customer Services of Caviar Import S.r.l. either by phone or by email to coordinate a delivery on another date. If this isn’t done by the client it will be customer service to contact the client at the telephone number or email address indicted in the order. If the client is unable to be located or absent, the merchandise will return to our warehouse and the contract will be considered terminated.
No reimbursement will be corresponded by Caviar Import S.r.l. If the product is not received on the part of the client. If the Client is not available, absent or untraceable, the shipping will come back to our company and the contract will be considered terminated. No compensation will be paid by Caviar Import S.r.l. in case of failure to collect the product by the customer.
Caviar Import S.r.l. reserves the right to charge any additional costs to the client if the delivery address were to be changed and not communicated in a timely manner.
If the customer refuses to receive or is unable to receive the delivery in accordance with the sales conditions, possible risks like loss of the package or damaged products are their responsibility.
Caviar Import S.r.l. is not responsible for unpredicted delays in delivery or can be attributed to damaged products, neither for disservices in the caso of an accident, strikes and/or serrate, earthquakes, floods, and other similar events that could impede the delivery of the product in the timing stated in the contract, nor packages that were tampered with or damaged during transport.
Upon receiving the merchandise the customer has the responsibility of immediately verifying the integrity of the package and in case of damage to attach a note with written “acceptance with reservation” on the delivery receipt and immediately inform Caviar Import S.r.l. through an email sent to info@crucaviar.it.
If the product is damaged, modified or has been adulterated from their original state the company asks that the client does not consume or ingest the product and to notify the company of the damage through the contact means previously given.
Caviar Import S.r.l. isn’t responsible for damages caused by the ingestion of an adulterated or damaged product from its original state if not notified by the client. If Caviar Import S.r.l. is not able to fulfill the terms of the date of delivery, the Customer will be informed and can decide with Customer Services on a new delivery date or cancel the order with a subsequent reimbursement.

8. Right of withdrawal

The client has the right to withdraw within 14 days of receiving the merchandise. However, given the perishable nature of some of our products and as stated in art.59 of the Consumer Code the right to withdraw doesn’t apply to products that are perishable or with short expiration dates; therefore Caviar Import S.r.l. reserves the right to evaluate the eligibility of the withdrawal request.
The Customer has the right to withdraw from the purchase contract without explanations and without any penalties with the exception of cases as seen in point 8.1 (below). To exercise that right, the Customer will need to send Caviar Import S.r.l. a notice within 14 days of receiving the products, within 24 hours of receiving perishable products. The notice should be sent through a PEC to caviarimportsrl@pec.it or a registered letter with return receipt to:
Caviar Import S.r.l.
c.a. Ufficio Resi e Rimborsi
Via P. S. Mattarella, 20/B
30037 Gardigiano di Scorzè (VE)
Italy

Once the notice has been received, the Customer Service of Caviar Import S.r.l. will start paperwork on how to return the product which will be through the courier indicated by Caviar Import S.r.l.
Caviar Import S.r.l has the faculty to inspect the goods and to accept the return on the condition that the products remain intact and have respected the instructions necessary for a return. Before the pick-up the courier with the merchandise must maintain the temperature indicated on the label (for example caviar and butter must be refrigerated, saffron must be stored in a dry and fresh pace, ecc.) and repackage in its original packaging (polystyrene boxes and in some cases ice packs.)
In the case of the right of withdrawal Caviar Import S.r.l. will reimburse the customer the full cost of the returned merchandise, excluding shipping costs. The reimbursement will occur within the legal deadlines through the same payment method made by the client, with Caviar Import S.r.l. having the right to suspend the payment until it has received the returned goods.
To guarantee the free return of products, the products must be sent back in the same box and with the same packaging in which they were received.

8.1 Exclusion to right of withdrawal

Right to withdrawal is excluded in the following cases:
- products that are packaged to order or personalized
- products that were sealed and then opened after deliver
y - an order of products that risks perishing or expiring quickly or aren’t preserved if they haven’t been kept properly. For health reasons and for customer protection the right of withdrawal is applicable only for products purchased on the website www.crucaviar.it which can be taken and put back for sale without putting the consumers health in danger.
- in the case in which the client isn’t identifiable as a private subject
- In the cases of exclusion to the right of withdrawal Caviar Import S.r.l will return the purchased products to the client, charging them the shipping costs.

9. Warranty and Lack of Conformity

In the case of defective goods the Customer should contact Customer Services via email at info@crucaviar.it within 24 hours of receiving the merchandise.
With the purchase of the products the legal guarantees as stated in articles 129, 130 and 132 of the Consumer Code are applied. The client has the right, of their choice and on the condition that the type of product allows it, for substitution in accordance with the article, to terminate the contract with a full reimbursement or to a reduction of price without any added cost.
Caviar Import S.r.l. will agree upon with the Customer the eventual collection of goods and will reserve the faculty to verify the contested non-conformity. If confirmed, Caviar Import S.r.l. will send the replacement merchandise or reimbursement according to the payment method utilized.

10. Errors and limitations of liability

The information for each product provided on the website is constantly updated. It is not possible to guarantee the complete absence of errors and Caviar Import S.r.l. doesn’t consider itself responsible, except in cases of willful misconduct or gross negligence.
Caviar Import S.r.l reserves the right to correct inaccuracies or omissions even after an order has been sent, or to modify or update information without prior notice, without infringing on the rights of the Customer under the General Conditions of the Consumer Code.
The availability of each article is purely indicative and responsibility cannot be attributed to the seller if one or more products is not available.
The risks relating to the products will be the customer’s responsibility at the moment that the order is delivered and the client will acquire ownership of them.
Except in cases of willful misconduct or gross negligence, the right of the customer of compensation for damages or recognition of compensation as well as any contractual or non-contractual responsibility for direct or indirect damages to people and/or things, provoked by the non-acceptance or evasion, even partial, of an order, is excluded. Caviar Import S.r.l doesn’t assume any responsibility for courier disruptions, internet disruptions, or force majeure or accidents.

11. Complaints

Complaints should be directed to Caviar Import S.r.l. via email at info@crucaviar.it or by phoning +39.041961610 from Monday to Friday, from 8.30 to 12.30 and from 13.30 to 17. Caviar Import S.r.l. is committed to responding to all of the requests within maximum 7 working days.

12. Applicable law and jurisdiction

The sales contract between the Customer and Caviar Import S.r.l. is agreed in Italy and regulated by Italian Law.
For the solution of controversies relative to its interpretation, execution or resolution of the present General Conditions or single purchase orders if the Client is a consumer under the Consumer Code, and will be exclusively jurisdiction of their municipality of residence or domicile if located in Italian territory; in all of the other cases the local jurisdiction is exclusively that of the Jurisdiction of Venice, every other jurisdiction is excluded.

13. Communications

Any type of communication or notice in relation to the present conditions can be made through a PEC to caviarimportsrl@pec.it or a registered letter a/r at the address indicated in the contacts section. The last address or contact communicated by the Client will be the address to which the communications required by the Applicable Law relatively to the legal procedures. Every communication is considered received at the moment of the receipt of the registered letter.

14. Resolution and Contract Termination

Caviar Import S.r.l. has the faculty to terminate the stipulated contract, giving simple communication to the customer and indicating the reason; in this case the client will have the right to be reimbursed the corresponding sum.
The obligations assumed by the client based on the present contractual conditions, as well as the guarantee that the payment has been received, are essential, Non-compliance by the customer of one of the aforesaid obligations, will determine the termination of the contract by ex article 1456 cc without the need for a judicial decision, except for the right of the company to take legal action for the right to claim compensation.

15. Privacy, cookies, and the terms of use of www.crucaviar.it

For the privacy policy, cookies and conditions of use of e-commerce on the website www.crucaviar.it please refer to the dedication sections on our website.
***Under the article 1341 c.c. the Customer declares to have read and have specifically accepted the following articles in the present General Conditions: 7 (responsibility for late delivery) 10 (faculty to correct errors - exclusion of responsibility) 14 (Resolution and Contract Termination)

Customer service

+39 041 961610

Mon/Fri 08.30-12.30 / 13.30-17.00

Delivery in 24/48 working hours