GENERAL TERMS AND CONDITIONS OF SALE


Premise and acceptance of general sales conditions

The General Terms and Conditions must be accepted by the User when registering to the Site in order to be able to make offers and to purchase products. FOODALY reserves the right to modify the Terms and Conditions at all times, in whole or in part, notifying the Users through the Site at least 30 days’ notice if the terms and conditions of use of the products and services are varied. Users are therefore required to periodically consult this page so that they are always aware of the conditions applied. It is understood that the use of the Site subsequent to such modifications implies their acceptance of the same.


Site ownership

The site is owned by GUSTO LUCANO, with registered offices in Lagopesole (PZ) via Sinni 1, VAT number 01935710762. The name FOODALY and GUSTO LUCANO is a trademark filed by GUSTO LUCANO. The product range is related to food, alcohol and accessories.
The products on the Site are sold, packaged and shipped directly from GUSTO LUCANO (“Direct Sales“) or in the form of drop-shipping (“Intermediate Sale“) in this case the product being sold by FOODALY that is GUSTO LUCANO will be shipped directly from the Producer User. Unless otherwise specified in the detail page of the goods, it must be understood that the products are sold in the form of (“Direct Sales”) by FOODALY.
Following a purchase transaction, FOODALY will issue to the User an order confirmation and indication (in the case of Intermediate Selling / Drop-shipping) of the Producer / Supplier who will deliver the goods.


Registration to the site

The Site only addresses users who are 18 years of age. In any case FOODALY does not sell alcohol to subjects who have not reached the age of 18. The navigation and the use of the services offered within the Site are made accessible by registration.
Registration is free. Users who sign up to the Site will need to provide some personal information and follow all the steps from the procedure. At the time of completing registration, you will be required by the User to choose a Username and Password, which you agree to not temporarily relinquish to third parties and to keep them with due care, diligence and confidentiality at your own risk by constituting such credentials the only means to identify the User and validate his bid accesses. The User is therefore aware that all acts performed by the use of such credentials will be attributed to him and will have binding effect on him.

You are required to immediately inform FOODALY of any unauthorized or improper use of your access credentials or to report any breach by third parties. If FOODALY finds violations, it may at its own discretion prohibit its access, permanently delete the information contained therein or refuse to open new accounts by the same User.
At any time, the User may update and / or modify or request the deletion of information released during the Registration. In the event of a cancellation request, however, FOODALY may temporarily keep this information in whole or in part solely for the purpose of executing any purchases made and / or concluding the accounting and tax procedures.
Full Registration is required to proceed with the purchase of the products and to access summary information about the activities performed by the user on the site (also “Account“).
Partial Registration of the Site (hereinafter referred to as “Partial Registration“) is also possible, by entering only the user’s email address. Partial Registration allows the user exclusively to receive the newsletter, not even to proceed with the purchase of products and / or services, or otherwise to carry out other transactions on the Site.


Bid conditions

Prices are expressed in Euro and are inclusive of VAT. Goods shipping costs may be fixed or variable, calculated on the basis of weight, number of items selected and / or destination of the goods (EU islands or countries). Shipping costs may also be included in the sale price of some items or be free when the total amount of the order is above a certain value. However, the User is always aware of the amount of shipping charges before completing the purchase procedure and making the payment.
Images provided with the information sheets of a product or offer may not be perfectly representative of its features but differ according to the color, size, and accessory products shown in the illustration. All purchasing support information is to be understood as a simple general information material, which does not therefore relate to the real features of a single offer.
The validity of offers may be subject to quantitative or temporal limitations, exhausted, which may not be available. The validity date and / or the available quantity of the offers are posted on the Site in such a way as to enable the User to become aware of it. FOODALY may change at any time and at its discretion the duration or the quantity of an offer, provided that it will follow the orders made during the validity of a particular offer. An offer may be published several times over time, also following agreements with the Partner or supplier of the goods. In some cases it is possible that the availability of the goods will expire at a later date. In these cases, FOODALY will be entitled to repay the User if the conditions are met.


Buying procedure and payment methods

Prior to the finalization of the purchase, a summary will be displayed showing the unit cost of the selected asset and the total if you purchase multiple quantities of the same item or other items. Once the purchase has been completed, the User will have to make the payment to FOODALY, both in the case of (“Direct Sales”) and in the case of drop-shipping (“Intermediate Sale”).
Following the successful end of the payment, you will receive an email confirmation containing a summary of your purchased, order and billing information. The shipment of the goods takes place in the times indicated in the order confirmation.
Accepted methods of payment, unless otherwise specified or agreed with the User, are: Visa, Mastercard, Mastercard, Mastercard, American Express, Discover (Diners Club International), PayPal, Bank Transfer and Cash on delivery (cash on delivery, applicable only in case of “Direct Sales”).
Amounts due will be charged, unless otherwise specified in the terms of the offer, at the time of payment confirmation. In the case of bank transfer, at the time of confirmation of the order, bank details (IBAN), transfer amount and order number will be indicated. Payments by bank transfer must be made within the deadline indicated and in any case not later than 10 days after the order confirmation, a period beyond which the goods can not be guaranteed. In this case, FOODALY will re-accredit the sender without additional costs and means of bank transfer, any payment received over time.
If the User acknowledges that he has provided incorrect and / or incomplete information about his or her general merchandise or shipping address, he / she must promptly notify you within the terms of order execution, by sending an e-mail to servizioclienti@foodaly.it. In all cases, the User is solely responsible for any erroneous and / or incomplete delivery details or address, resulting in the possibility of losing the sum paid if the goods are delivered to foreigners.


Security in transactions

FOODALY is very careful about the safety of its users it does not handle or retain payment data (credit card numbers), which are handled and / or retained by its payment service providers. In fact, the actual payment takes place through secure and encrypted payment data fields.
Only after the transaction occurs, the service provider communicates to FOODALY the outcome of the payment without providing any sensitive information. For this reason, FOODALY has no power over the possible refusal of the credit card used for payment. FOODALY can not therefore be held liable in any way for any direct or indirect consequence of the use of your credit card by the user for payment of the products and / or services purchased.

Visa and MasterCard, JCB (Japan Credit Bureau) American Express, Pago Bancomat, Prepaid Cards use the CartaSì Virtual POS X-Pay Service. CartaSì has designed X-Pay, the virtual POS that guarantees security and advanced services.

Using the virtual POS of CartaSì you have the following advantages:

  • multichannel: X-Pay is the only platform on the market can handle all sales channels (e-commerce, mail order and phone sales, mobile payments, and privative circuits, currently being prepared, digital TV):
    security: system has all the security protocols to exist today (3D Secure – Verified by Visa, MasterCard SecureCode and CV2) and for e-commerce sales, provides protection from free disallowances of fraudulent transactions. Using Virtual POS service of CartaSì X-Pay, you can pay without having to enter the number of credit card or pay cash or prepaid cards, ensuring the safety and privacy of Internet purchases.
    For more information on X-Pay, visit the official website.
    Gusto Lucano does not have access to your credit card because the transaction occurs directly between your PC and X-Pay. Please note that even in the unlikely event that there are issues with your credit card, you are always protected and can deny payments from third parties fraudulently. For further questions please contact us or request more information at your bank.
    The process of payment and data entry by the Customer is fully paid by the customer environment, data management without the charter by the Operator. CartaSì provides for the authorization process the transaction, sending an email to the card holder as confirmation of payment;
  • Managing post-sale: X-Pay can count on a management structure post-sale (customer care) whose system of quality management is certified UNI EN ISO 9001:2000 and is supported by a service company dedicated group CartaSì (It services). X-Pay also provides a back office features a variety of information services and devices with advanced reporting features available in either server to server or via portal Coatsì;
  • Multilingual service: allows you to choose the language (Italian, English, French and Spanish) to display the back-office X-Pay.

PayPal is a service that allows to send payments in a sure way with the credit card. This service guarantees certainity and rapidity in use. The registration to the service is absolutely free. You can send money comfortably from home all over the world, in a free way and in more currencies. Financial data and number of credit card will be never shared with third parties and conveyed to the dealer. Whatever happens you will have wrong goods or in that case you will not receive the goods you can benefit by the Buyers Protection PayPal (this is a free service). PayPal makes it possible to protect the information of the credit card thanks to innovative systems of prevention and security from the cheats. PayPal carries out the automatic cryptography of confidential information by means of the protocol Secure Sockets Layer (SSL) with a length of the key of cryptography equal to 128 bit (the maximum length available in commerce).
After you have done the order you will refer again to the PayPal server where you will insert the data of your credit card and your personal data (only if you are not registered as customer) and than you will receive promptly the notification of payment.
Personal data will be protected and the seller will receive from PayPal a mail with the confirmation of the payment.


Coupon

FOODALY may issue Coupon Codes (“Coupon”) that the User may use when purchasing the products. Coupons are issued in the form of an alphanumeric code and their value (in euro) is determined indefinitely and in their total discretion by FOODALY. The Coupon may be entered by the User in the “Discount Coupon Code” field at the time of entering the order. The Coupon thus entered will be automatically deducted, and before payment, the total amount of the order excluding any shipping charges. Discount coupons are not applied to products that are already being promoted. Coupons are generally usable by the user for a limited, exhausted period of time, which will no longer be usable. The Coupon may be subject to a minimum amount of expense under which the use of the same will not be possible. Unless otherwise specified, the Coupon is personal and linked to the User Account and may be used for a single purchase, after which it will automatically be invalidated. Coupons are not cumulative. Coupons may not be sold, sold and / or transferred to third parties unless expressly authorized by FOODALY. FOODALY reserves the right to cancel any previously issued Coupon, even before its expiry, without the obligation to justify the reason and without the right to compensation or compensation. FOODALY may also issue Coupons to Users who will invite friends, family members and friends to view and register the offers of the Site. To complete this procedure, the Site provides some features such as “Tell a friend”, “Send an email to an offer”, “Share on Facebook”, “Twitter”, other social networks etc. For each new bidder who buys an offer within a specified time period, FOODALY will be able to recognize a User’s Coupon, a value determined from time to time at the discretion of FOODALY, to be used on their Account for subsequent purchase. FOODALY reserves the right to remove any Coupon issued to users who improperly use it, without prior notice and without the right to compensation or compensation.


Shipment and delivery

FOODALY and its potential partners accept delivery orders both on the Italian territory, including the islands, with the exception of San Marino, the Vatican City, Livigno and Campione d’Italia and in the territory of the European Union. For Users of the Countries United States, China, Japan, United Arab Emirates etc. it will not be possible to conclude the purchase for “customs restrictions” but it will only be possible to consult the products; any requests need to be sent by writing an e-mail at servizioclienti@foodaly.it.
The shipment of the good takes place within the maximum time indicated in the bidding terms. In any case FOODALY, unless otherwise specified on the product card, undertakes to deliver the goods within 10 business days of the order date. In the remote case where the merchandise becomes unavailable for any reason after receipt of the order, a refund of any payment received may be made, at no cost to the User. The User may be informed by email of the time the product is shipped by FOODALY, whether it be Direct Sales or Intermediate Sales, in the latter case as the Partner will communicate to FOODALY the shipment.

The user will be notified, the name of the courier and the tracking code of the shipment (Carriage Letter or “Tracking”), through which it will be possible to follow the status. This information will also be visible within the User Account. FOODALY does not guarantee when purchasing multiple products purchased in the form of “Direct Sales” and in the form of “Intermediate Sales” that the deliveries arrive at the same time. It is not possible to guarantee a precise delivery date or time as this depends on the courier, the destination address and the person responsible for delivery. FOODALY can not therefore be held responsible for any direct or indirect consequence resulting from these times. Delivery of what is ordered is, unless otherwise specified during the purchase process, on the road plan.
In any case, upon delivery of the goods by the courier, you will be required to check that the packaging is intact, not damaged or altered even in the closing materials (adhesive tape or strapping) or that no liquid spillage. Any damage to the packaging and / or the product must be promptly disputed by the user, providing a written control reserve (and specifying the reason for the reservation, eg “Packing”, “Crushed Packing”) on the document courier delivery. Upon signing this document, the User can no longer disprove any of the features of the delivery. Any problems regarding the physical integrity, correspondence or completeness of the products received must be reported within 3 days of delivery, by writing an email to servizioclienti@foodaly.it.
IIn the event of failure to deliver the goods within the times indicated, the User will be required to notify FOODALY, who will check with the Partner and / or directly with the courier, the shipping status and any abnormalities. Following a shipping error (eg lost or destroyed parcel during transport), FOODALY will perform in case of Direct Selling or in the case of Intermediate Drop Shipping, a new product delivery, in accordance with its availability in warehouse or Partner at no additional cost or aggravates for the user, ie to fully refund the order in case of direct sale or to ensure that the Partner (either directly or via FOODALY) makes a refund in case of sale intermediated.
More information on “Shipping Costs” is available at the link: shipping costs.


Product compliance warranties

FOODALY works diligently and in good faith in selecting suppliers and partners, verifying that they are able to supply the products in quantities and according to the features described in the purchase offerings, provided that FOODALY can not be held liable for damages people from possible breach by the producers. In any case, FOODALY will not be able to guarantee the completeness or content of the information provided by the Supplier or the Partner, nor the perfect correspondence of what is described in the product or offer form with the product actually delivered, as well as the legitimacy of the ” Use by the Supplier or Partner of images, videos, and badges. The User is also aware that the images used in the proposals may sometimes only be indicative of the product and do not always represent the product delivered faithfully. In the case of Intermediate Sales, and therefore of products directly supplied by a Partner, these will be solely responsible for the compliance of the Warranty Products.


Withdrawal

The User requesting a benefit for purposes other than his or her professional activity has the right to withdraw from the purchase agreement concluded with FOODALY or with the Partner without any penalty and without giving any reason within 14 working days under the terms and for the effects art. 52 paragraph 1 of the Consumer Code that apply from the day of receipt of the product purchased on FOODALY.

The withdrawal may be exercised by the Customer, pursuant to art. 54 paragraph 1 Consumption Code, using the withdrawal form in Annex I, Part B of the Consumption Code or by submitting any other explicit statement of its decision to terminate the contract, to be sent either by letter a/r to GUSTO LUCANO of Cloroformio Daniele via Sinni, 1 85020 – Lagopesole (PZ) or by email to servizioclienti@foodaly.it.it or by fax to +39 0971 1830140. The letter a/r e-mail or fax must contain product and order number. The burden of proving the correct exercise of the right of withdrawal, in accordance with the above procedure, is borne by the User.
More information on “Right of withdrawal” is available at the link: withdrawal.


Privacy police

Personal data is collected and processed in order to comply with the User’s requests. FOODALY warrants its users to operate in compliance with the legislation regarding the processing of personal data, regulated by the Privacy Code as per D.Lgs. 196/2003. The data processor is Gusto Lucano of Cloroformio Daniele. Any complaint should therefore be addressed to:

Gusto Lucano di Cloroformio Daniele
Via Sinni, 1
85020 LAGOPESOLE (PZ) – IT
servizioclienti@foodaly.it
Fax +39 0971 1835190

When registering with the User, you may be required to give your consent to receiving commercial information, including by sending newsletters. In that case, the user will be free to give his / her consent.
More information on “Privacy police” is available at the link: police-privacy.


Cookies

Cookies are required for the proper functioning of the Site. Cookies are used to extract information about the terminals, the operating system, the IP address, and the type of browser you are using to provide the user with a better browsing experience. This is generally statistical data, which does not contain sensitive information. You can deny using Cookies by turning on the option to turn them off on your browser or on your device.
More information on “Cookies” is available at the link: cookies.