Owner of the Website
Legal address: Via Copernico 38 – 37023 Grezzana (VR), Italy
REA n. VR411438
Tax – VAT code – Verona Company Reg. n.: 04332780230
Object and Area of Application
The present Conditions regulate the sale of goods between Infermentum S.r.l. (“Infermentum”) and the Client (“Client” or “User”).
A Contract is concluded with the acceptance of a purchase request submitted by the Client via the Internet in response to the invitation to show content at www.infermentum.it (the “Site”).
The General Conditions of Sale (“General Conditions”) and, in particular, the information provided by Infermentum on the Site, remain valid until such time as they are modified and/or integrated by Infermentum. Eventual modifications and/or integrations to the General Conditions will be effective from the date on which they are communicated to the public and will be applied to all sales made from that moment. The most recent version of the General Conditions is that available on the Site.
Purchasing Procedure, Shipping Costs and Prices
Each order placed by the Client constitutes an offer to purchase products. Orders are subject to the availability of products and discretional acceptance by the Owner.
To complete an online purchase, the User must select the desired products and complete the check-out procedure, after attentively verifying the information contained in the Order Summary. An order when the Summary is confirmed and subordinated to payment of the purchase price, taxes and shipping costs indicated in the Summary.
The contract is concluded the moment the Order Confirmation is sent by the Owner to the email address provided by the User.
The Owner reserves the possibility not to confirm an order, informing the User of the eventual unavailability of one or more of the products purchased within 5 working days of submission of the order, via the email address associated with the purchase. In this case, the Owner will reimburse the price of the unavailable products and, in the event that all of the products purchased are unavailable, also the shipping costs charged to the User.
Shipping costs are not included in prices displayed and vary depending on destination. Shipping costs will be indicated in every Order Summary, prior to the request to submit the order form. All prices are shown in euros and include VAT. Infermentum may present different offers during the course of the year.
The payment methods available to Users are described on the dedicated page of the website.
The Infermentum website uses third party software to manage payments and has no contact whatsoever with payment information – for example credit card information – provided by Users.
For every order placed, when Users make express request by flagging the dedicated option and have provided the necessary information (valid VAT or tax code) at the time of registration or during a purchase, the Owner will issue an invoice for products shipped. A copy of the invoice will be forwarded by email to the address provided by the User. The information used to issue an invoice is as provided by the User at the time of submission of the relative order. No variation to invoices can be made after issuance.
Availability of Products
Prices, descriptions and availability of products are subject to change without notice. Photographs are adapted to the device used to view the Site and for this reason are merely indicative of the appearance and dimensions of products, which may differ partially with respect to these images.
Even after sending an Order Confirmation email, in the event of the unexpected unavailability of products due to missed deliveries by producers and/or suppliers used by the Owner, or for other causes not foreseeable at the time of purchase, the Owner will reimburse the User for the price of all unavailable products ordered.
Filling of Orders
Orders are filled in accordance with the times indicated in the Order Summary and Order Confirmation email, subject to the availability of the products ordered. The Owner cannot be held responsible for damages suffered by the User owing to delays in delivery not dependent on circumstances foreseeable by the parties at the moment of sending the Order Confirmation.
Deliveries are made during standard working hours by professional couriers to the address indicated by the Client and in accordance with the methods specified in the Order Summary. The Client may also indicate a different recipient, providing all information necessary for shipment, or decide to pick-up the products in person from Infermentum.
At the moment of delivery of the products by the courier the Client must verify that the number of packages effectively corresponds with the number indicated in the delivery slip and that all packaging is integral in all of its parts, undamaged or compromised by atmospheric agents or in any way altered. At the moment of delivery, the Client is also responsible for verifying the packaging and specify any anomalies on the delivery slip. Should the Client encounter eventual evident damages to the packaging and/or products contained, or incorrect number of packages, this must be noted immediately in writing (specifying the reason for the reservation, e.g. “broken packaging”, “crushed packaging”, etc.) on the courier’s delivery slip or by immediately informing Infermentum.
After signing the delivery slip, the Client may not raise any objections regarding the external characteristics of the delivery. Eventual problems with the physical integrity, correspondence or completeness of the products received must be communicated to the contacts provided by Infermentum.
In the event that packages held by couriers are not picked-up by the Client within 5 working days following repeated failed deliveries to the address indicated by the Client at the time of placing the order, or when products are not picked-up, they will be returned to or held by Infermentum. In accordance with the Client’s intentions, Infermentum will either reimburse the price of the products (but not the cost of shipping and/or eventual storage costs requested by the courier), or make new arrangements for delivery and calculate eventual additional shipping costs. Infermentum cannot be held responsible for errors during delivery owing to incorrect or incomplete information provided by the Client at the time of the order, for eventual damages to products after they have been consigned to the courier or for delays not imputable to Infermentum.
Exclusion of the Right to Withdraw
The right to withdraw pursuant to art. 52 of the Italian Consumer Code (Legislative Decree n. 206 from 2005) is not applicable to online sales via the website.
Specifically, the right to withdraw is excluded as the distance contract stipulated between the parties refers to food products that, as such, risk deterioration or, additionally, may perish rapidly during the period allotted to exercise the right to withdraw and consequently return the products, where admissible.
In the interest of maximum transparency, Infermentum also specifies the following. Even when the products are not “perishable food products” in accordance with art. 62 of Italian Decree Law 24 January 2012, n. 1 – in other words, “pre-packaged food products bearing an expiry date or minimum conservation period that does not exceed sixty days” – the timing for exercising the right to withdraw and consequently return the products would in any case render the products no longer saleable as more than a minimum of 28 days will have passed from the original date of delivery (in the most rapid cases: the days necessary for delivery of a single order plus 14 days for return decurrent from the date of delivery and 14 days for return, in accordance with the Consumer Code). The consideration remains that “perishable food products” are those Products purchased by the Consumer bearing an expiry date or minimum term of conservation inferior to 60 days.
Finally, exclusion of the right to withdraw is justified also by hygienic-health considerations regarding products that, while not unpackaged, once supplied to the Client no longer need to be conserved in accordance with applicable laws, which effectively renders them no longer saleable.
The Client consumer has the right to a warranty of conformity of products purchased for a duration of 24 months from the date of delivery of the products. Defects in conformity must be communicated to Infermentum within 2 months of their discovery, pursuant to the Italian Consumer Code, as long as the products are not inherently perishable or subject to short-term expiry, in which case the defect must be communicated within this reduced period.
Diversely, the business Client has the right to a warranty on the conformity of the products purchased for a duration of one year from the date of delivery of products. Defects in conformity must be communicated to Infermentum within 8 days of their discovery, pursuant to arts. 1490 et seq. of the Italian Civil Code.
To exercise the right to a warranty, the Client must send an email to Infermentum containing the order number and an accurate description of the defect (we also suggest attaching photographs).
All of these elements are essential and will be verified by Infermentum prior to responding to the Client.
In the effect a defect in conformity is ascertained, the Client consumer has the right to obtain, eventually following return of the defective product, either its repair or substitution. The User also has the right to request a congruous reduction in the price or termination of the contract in the event this repair or substitution proves impossible or excessively costly, if Infermentum has not proceeded with the substitution of the product within a congruous period of time, in any case not inferior to 15 days, or if a substitution made previously caused notable problems for the Client. Diversely, a business Client may request, at his or her discretion, the termination of the contract or reduction in the price, except when, for specific defects, termination is excluded.
To exercise the right to warranty and for more information on this subject, the Client must contact Infermentum.
Termination and Closure of a User Account
Registered users can disactivate their Account, request its cancelation or interrupt the use of the Service at any time, by directly contacting Infermentum.
In the event of violation of the present Conditions, Infermentum reserves the right to suspend or close the User’s Account at any moment and without prior notice.
Infermentum reserves the unquestionable right to inhibit access to the Services provided via the Site at any moment and without prior notice, in whole or limited to particular functions, for User Accounts connected with irregularities in payment, failure to pay, damages to image via Internet, obscene or vulgar or inappropriate language in comments or reviews, repeated and continuative attempts at orders not concluded, cyber-attacks or any other activity, explicit or implicit, that may cause direct or indirect damages to Infermentum.
Users declare to be of legal age, in accordance with their applicable legislation. Under-age persons may use the Site only when assisted by a parent or tutor. In no case are persons under the age of 13 years permitted to use the e-commerce functions of the Site.
Limits on Responsibility
Infermentum guarantees the correct conservation and quality of food products exclusively up to the moment of delivery to the address indicated by the Client; any responsibility is excluded relative to the poor state of products caused by improper conservation after delivery.
Should any clause of the present Conditions result valid or ineffective, the aforementioned clause will be eliminated while the remaining clauses will be unaffected and remain in effect.
Applicable Legislation and Competent Law Courts
The present Conditions and all controversies regarding the fulfilment, interpretation and validity of the present contract are subject to the law, State jurisdiction and exclusive competence of the law courts where Infermentum is legally headquartered. The only exception is the exclusive law court of the consumer, when foreseen by law.