Terms of sale

CONSUMER TERMS OF SALE

Updated: 22/10/2024

These General Conditions of Sale govern the offer and sale of products on this website: www.vaninicioccolato.com

The products marketed on the Site are offered and sold by the company ICAM Spa, with registered office in Lecco, via Pescatori n. 53, Tax Code 00205080138 (hereinafter referred to as the "Seller").

Before proceeding with the purchase of products online on the Site, the User is required to carefully read and accept these General Conditions of Sale which the Seller makes available to him in the " Conditions of Sale " section and which he is permitted to store and reproduce, as specified below.

In any case, please read the information for consumers and that provided pursuant to the so-called GDPR for the processing of personal data, as well as the Cookie Policy

1. Definitions, object and scope of application

1.1 Definitions

In these general conditions, the terms indicated with a capital letter, singular or plural, will have the meaning indicated below, unless a different meaning is explicitly stated:

• “Force Majeure”: means events beyond the control of the Seller, including but not limited to pandemics and epidemics or other natural disasters, strikes, lockouts or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence or failure of public or private telecommunications networks;

• “Consumer Code”: Legislative Decree no. 206 of 6 September 2005, and subsequent amendments and additions, as in force on the date of publication of the General Conditions;

• “General Conditions of Sale” or simply “General Conditions”: these General Conditions for the sale of Products on the Site, which constitutes a distance contract governed by Chapter I, Title III (articles 45 et seq.) of the Consumer Code and by Legislative Decree 9 April 2003, no. 70, containing the rules of electronic commerce (for the conditions of use of the Site and access to the Platform, please also refer to the Terms of Use of the Site );

• “Order Confirmation”: the declaration confirming the Order issued by the Seller, as provided for in the General Conditions;

• “Consumer”: pursuant to art. 3, paragraph I, letter a) of the Consumer Code, natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any entrepreneurial, commercial, professional, or artisanal activity they may carry out and who use the Platform, in a personal capacity, in accordance with the Terms of Use;

• “ Cookie Policy ”: the information provided to Users regarding the use of cookies through the site, including how to set their preferences;

• "Credentials": username and password, which the User will be asked to choose at the time of Registration. The credentials chosen by the User during Registration allow subsequent access to the personal area.

• “Omnibus Directive”: EU Directive 2019/2161 implemented by Legislative Decree 26/2023;

• “GDPR”: EU Regulation 679/2016 on the processing of personal data;

• "Manager": Ecommerce School, an Italian company that designs and develops websites and technology solutions for users and internet operators, including administrators, managers, employees, agents, representatives, partners, and any licensors; the Manager may act—with respect to Users and for the purposes of these General Terms and Conditions—on behalf of the Seller, as manager of the Platform and certain Services, as per the relevant appointment of the Manager as external data processor pursuant to Article 28 of the GDPR and as provided in the Privacy Policy;

• “Total Amount Due”: the total amount due, consisting of the price of the Product, Shipping costs, if applicable, and any other additional costs, as resulting from the Order Confirmation;

• “Consumer Information”: the information provided to Consumers pursuant to the Consumer Code, namely the Information on Withdrawal and the Information on the Legal Guarantee of Conformity, on returns or complaints ;

• “ Privacy Policy ”: the information provided to Users, pursuant to art. 13 of the GDPR regarding the processing of personal data;

• www.vaninicioccolato.com/account/ : the User's personal profile, which is activated only upon Registration and which is subsequently made accessible to the User, upon entering the Credentials, for access to the Platform, as provided for in the General Conditions;

• “Order”: the purchase proposal issued by the User via the Site or the User's social network account;

• “Multiple Order”: means Orders having as their object multiple products;

• “Party” or “Parties”: the Seller and/or the Manager and/or the User, separately or jointly;

• "Platform": the online platform for the sale of Products, accessible via the Site. The Seller may connect or associate with third-party sites, hosted platforms, and other products and services. It will be possible to connect to such third-party services through the Platform in compliance with the terms of use as further specified in the Site's Terms of Use and the applicable data protection legislation;

• “Product” and “Product Sheet”: Vanini product sold by the Seller via the Platform, of the quality and quantity declared in the relevant product sheet, which indicates the main characteristics as well as the price including VAT;

• “Registration”: registration of the User, with email and password (the first will function as username) for the creation of the Account and the issuing of the Credentials;

• “Platform Services” or simply the “Services”: the services provided by the Seller and/or the Manager through the Platform, which consist of making available to Users information services on the Products, as per the relevant Product Sheets, sales, after-sales and customer service services, services in the event of withdrawal, returns or complaints, as set out in the General Conditions and the relevant Consumer Information ;

• “Site”: the website www.vaninicioccolato.com

• “Shipping”: means the delivery of the Product by the Seller to the courier, for shipment to the address indicated by the User in the Order;

• “ Terms of Use ”: the terms and conditions for accessing the Site;

• “User”: the person who uses the Site and/or the Platform to place Orders and purchase Products, as a Consumer.

1.2 These General Conditions of Sale apply to all sales of Products made through the Platform to Consumers. By accessing the Platform and clicking the "accept" button and/or using the Platform Services, the User declares that he or she has read and agrees to be bound by these General Conditions, which can be consulted, along with the Consumer Information , the Privacy Policy , the Cookie Policy , and the Site Terms of Use .

1.3 If the User does not accept these General Conditions, he/she will not be able to access and/or otherwise use the Platform and/or the Services.

1.4 The General Conditions of Sale may be modified at any time. Any changes and/or new conditions will be effective from the moment they are published on the Site, in the " Conditions of Sale " section. Users are therefore invited to regularly access the Site and consult the most up-to-date version of the General Conditions of Sale before making any purchase. Continued use of the Platform and/or Services following the publication of changes to these General Conditions will imply acceptance of such changes.

1.5 The General Conditions of Sale applicable are those most recently in force and published on the Site.

2. Access to the site, registration and purchases on the site

2.1. The purchase of Products on the Platform, according to the procedures set forth in Articles 3 and 4 below, is permitted only to persons who are at least 18 years of age. The User declares and guarantees that he or she is of legal age and has the legal capacity required by law to accept the General Conditions and undertakes to comply with their provisions, specifying that the Services are not intended for minors under 18 years of age. The Seller and/or the Manager reserve the right to verify, using reliable, legal, and permitted means, whether a User is actually over 18 years of age, prohibiting, if necessary, access to the Services and/or canceling the User's Account. Persons under 18 years of age may not make purchases on the Site. Therefore, such persons are prohibited from registering and making purchases on the Site.

2.2. The User undertakes to comply with the General Conditions and acknowledges that the Seller reserves the right, at its sole discretion, to refuse, cancel, and/or delete Product Orders from: i) a User with whom the Seller has an ongoing legal dispute, including for the recovery of any sums of money or credit; ii) a User who has violated the General Conditions; iii) a User who has been involved, to the Seller's knowledge, according to news and information not expressly confidential and/or in the public domain, in fraud of any kind and, in particular, fraud relating to credit card payments; iv) Users who have provided false, incomplete, or otherwise inaccurate identification data during Registration.

3. Registration and purchases

3.1 The purchase of Products on the Portal can only take place after registering on the Site, which can follow two different methods: i. registration via the Site, better described in point 3.2.; ii. registration via the User's social network account, better described in point 3.3.
3.2. To register via the Website, the User must access the dedicated area of ​​the Website, fill out a form with their username and password, and click Login. A message will then appear informing the user that the process was successful. After clicking Close, the user will receive a welcome email confirming the account creation and containing a link to the User's account. Clicking this link will take the user to a new page inviting them to complete the registration process. Upon landing on a second form, the User must enter their name, surname, tax code, and date of birth. Clicking Confirm completes the registration process. Successful registration on the Website will be confirmed to the user via email.

3.3. To register using a user's social network account, the User must access the dedicated area of ​​the Site, click on the login for the individual social network, and follow the instructions and policies imposed by the individual social network. A page appears inviting the user to complete the registration process. The User then lands on a form managed by the Platform and, as with the registration process referred to in point 3.2, the User must enter their name, surname, tax code, and date of birth. Clicking the confirm button completes the registration process. Successful registration on the Site will be confirmed to the user via a specific email.
3.4. Through both registration methods, the User will also view the information on the processing of their personal data pursuant to Regulation (EU) 2016/679 GDPR and these general conditions.

3.5. Registration on the Site is free and each user may only register once.
3.6. Registration on the Site allows the user to:

i. save your addresses;

ii. save your billing details so that they can be reused to pay for subsequent purchases;
iii. access all information relating to orders and returns;

iv. track order status;

v. manage your personal data and update it at any time.

3.7. Registration credentials (email address and password) allow the user to make purchases on the Portal and, in the case of credit card payments, the payment methods are managed directly by the third-party company. In any case, registration credentials must be kept with extreme care and attention, may only be used by the user and may not be disclosed to third parties. The user undertakes to keep them confidential and to ensure that no third party has access to them. The user also undertakes to immediately inform Icam SpA if he or she suspects or becomes aware of any misuse or improper disclosure of the credentials.
3.8. The user guarantees that the personal information provided during the Site registration process is complete and truthful and undertakes to indemnify and hold Icam SpA harmless from any damages, compensation obligations, and/or penalties arising from and/or in any way connected to the user's violation of the rules regarding Site registration or the storage of registration credentials.

3.9 In the event of a request for cancellation from the Portal, the Seller may temporarily retain, in whole or in part, the account information for the sole purpose of processing any purchases made and/or completing accounting or tax procedures.

3.10 The User acknowledges that by using this online purchasing platform, the provision of a PC and Internet connection is at his/her own expense; the Portal is made available without the release of any specific guarantee or license: the User who uses it assumes all risks associated with the use of the Internet and computer applications (hardware and software) and must ensure that basic IT security measures (antivirus, firewall, etc.) are in place and avoid downloading unsafe or dangerous material;

3.11 The Seller is not responsible and shall not be liable for:

1. Of any viruses, malicious codes or any problems related to the User's internet browsing as they do not depend on the Seller's actions;

2. Disruptions or malfunctions of the Portal attributable to force majeure;

3. Disruptions or malfunctions connected to the use of the Internet outside of its control or that of its subcontractors, except in cases of fraud or gross negligence;

4. Interruptions to the online shop service;

5. Fraudulent or illicit use by third parties of credit cards, checks, or other means of payment when paying for purchased products, provided that the Customer demonstrates having taken all possible precautions based on the best knowledge and experience available at the time and based on ordinary diligence.

3.12 By using this website and/or placing orders through it, the User agrees to use the website only to make legal inquiries or orders and not to place false or fraudulent orders. If the Seller has reasonable grounds to believe that such an order has been placed, it will be authorized to cancel it and inform the relevant authorities;
3.13 The User undertakes, once the online purchase procedure has been completed, to print and keep this contract.

4.Purchases via the platform

4.1 Purchases of Products on the Platform take place by issuing the Order only after registering on the Site.

4.2 In accordance with Legislative Decree no. 70 of 9 April 2003, containing provisions on electronic commerce, and in any case in compliance with the provisions of the Privacy Policy available at this link , the Seller informs the User that after selecting the Product of interest, it will be loaded into the User's shopping cart. The User must enter the following information in order to conclude the contract: billing information, shipping address, shipping type, payment method, and any discount code.
4.2. The User then clicks on the Pay Now button and is directed to the page dedicated to choosing the payment method (credit card - excluding American Express - PayPal, GPay, Apple Pay supported by Shopify Payments) following the instructions and practices of the managers of the individual payment methods. At the end, the User lands on a page that confirms the order request, indicating the order number.

4.3. The online sales contract is deemed concluded when the User receives an order confirmation email from the Seller, containing these General Conditions of Sale and information regarding the essential characteristics of the purchased Product, a detailed price, payment method used, delivery costs, and any additional costs, as well as information on the right of withdrawal or its exclusion. The User will receive a further email containing the chosen tax document (invoice/receipt). In any case, the Conditions of Sale can be read and printed at any time by clicking on the "General Conditions of Sale" link on the site.

4.4. To access your order form, the user can consult the "My Account" section of the Portal.

4.5 The Order Confirmation will be archived in the Platform's database for the time necessary for its execution and, in any case, within the terms of the law.

4.6 The language available to Users for placing Orders and Order Confirmations is Italian. Customer Service is able to communicate with Users in the same language.

4.7 Please note that the Seller does not accept orders by telephone and/or email or by methods other than those provided for in the preceding articles. Telephone and/or email orders are therefore prohibited.

5. Product Information; Product Pricing and Availability

5.1 The Products for sale are those described on the Site pages, where each Product is accompanied by a Product Sheet. In any case, it is understood that this information may be subject to changes and periodic updates for the purpose of further improving the Product, as provided for in the General Conditions and Consumer Information, available at this link .

In any case of purchase, made pursuant to Articles 3 and 4 of the General Conditions, the Product description contained in the Product Sheet shall prevail. The images and descriptions on the Portal reproduce the Product characteristics as faithfully as possible. Furthermore, the Product images in the Product Sheet may differ in size or in relation to any accessory products. These images should therefore be considered indicative and subject to customary tolerances. For the purposes of the purchase contract, the Product description contained in the order form submitted by the user shall prevail. All product orders are subject to availability. Therefore, in the event of supply problems, the Seller reserves the right not to accept your order. Although the Seller always makes every effort to fulfill all orders, it reserves the right to refuse to process orders in the event of exceptional circumstances arising after the payment confirmation has been sent.

5.2 All Product prices published on the Site are expressed in Euros and include Value Added Tax (VAT). Any additional costs will be expressly and separately indicated on the Order form before the User proceeds with placing the order. They do not include shipping costs, which must be calculated separately. Shipping costs will be displayed both when the Product is selected and placed in the User's cart and in the order confirmation email. Shipping costs are €5.90 for deliveries within Italy and will depend on the quantity, weight, and size of the Product purchased by the User; for orders over €49.00, shipping costs are free.

5.3 The Seller reserves the right to change the price of the Products at any time, without notice, it being understood that the price charged to the User will be the one published on the Product Sheet at the time the Order is placed and that any variations (increases or decreases) subsequent to the transmission of the Order will not be taken into account.

5.4 Products may be offered for sale on the Site at discounted prices. The full price indicated on the Site, on which the discount applied by the Seller is calculated, corresponds to the list price published on the Site.

5.5 In the event that a Product is offered on the Site at a discounted price, the Product Sheet will also indicate the latest full reference price on which the discount is calculated.

5.6 The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that multiple Users purchase the same Product at the same time, that the ordered Product is no longer available after the Order has been placed .

5.7 In any case of unavailability of the Product indicated in the Order, without prejudice to the other rights granted to the User by law and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, the Seller will immediately notify the User by email to the email address indicated during Registration on the Site. In this case, the Seller will therefore not proceed with issuing the Order Confirmation and the purchase will therefore not be completed.

5.8 If the User exercises the right of withdrawal pursuant to Article 61, paragraphs IV and V, of the Consumer Code, and the Total Amount Due has already been paid, the Seller will refund the Total Amount Due without undue delay and, in any case, within 14 calendar days from receipt of the withdrawal notice sent by the User. In any case, please refer to the provisions of the Consumer Information on withdrawal, available at this link . The refund amount will be communicated to the User via email to the email address provided during registration on the Site and credited to the same payment method used by the User for the purchase. Any delays in crediting may depend on the type of credit card or payment solution used. In any case, the value date of the refunded amount will be the same as the date of the debit.

5.9 The previous paragraphs 7 and 8 will also be applied in the case of a Multiple Order if (i) all the Products subject to the Multiple Order are unavailable or (ii) only some of them, it being understood that in the latter case they will apply exclusively in relation to the unavailable Products.

6. Payments

6.1 By placing an Order, the User will pay the Total Amount Due, according to the payment methods set forth in Article 8 of the General Conditions. Placing an Order implies an obligation to pay, and the Platform will issue the Order Confirmation only after receiving confirmation of successful payment of the Total Amount Due, except as provided in Article 9 regarding the Shipping address.

6.2 In the event that the Total Amount Due is not paid or the successful completion of the payment is not confirmed, no Order Confirmation will be issued, the Order will be cancelled/cancelled and the purchase contract will be deemed not to have been finalized.

The User will be notified by email to the email address provided during Registration on the Site of the failure to issue the Order Confirmation and the consequent cancellation of the Order.

6.3 The Products will remain the property of the Seller until the Total Amount Due has been paid.

6.4 In the Order Confirmation email, the User will also find the Order number, which he/she must then use in any subsequent communications with the Seller, as well as the billing address.

6.5 The request for a tax invoice must be submitted with the Order and requires the addition of additional information necessary to complete the tax document. The User agrees that the invoice for the purchase of the Products, issued by the Seller, will be sent to the email address provided by the User during Registration. A copy will be sent subsequently to the User who has requested it pursuant to this Article 6.

7. Right of withdrawal

7.1 The User has the right to withdraw from the Product purchase contract, without having to provide any reason, within fourteen calendar days from receipt of the Products without incurring costs other than those set out in the Consumer Information, which can be consulted at this link and which the User expressly declares to have read and accepted and to which reference is made, as attached documents and an integral part of these General Conditions.

7.2 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, as set out in the General Conditions and the Consumer Information, it will not entail the termination of the contract and, consequently, will not give the right to any return or refund, as set out in the Consumer Information, available at this link.

7.3 In the event that, under one of the legal hypotheses, the right of withdrawal does not apply, this exclusion will be specifically and expressly communicated in the Consumer Information Notice, available at this link and, in any case, during the purchase process, before the User proceeds to place the Order.

8. Payment methods

8.1 Payment of the Total Amount Due can be made by credit card (EXCLUDING American Express), debit card, or digital wallets (Paypal, Google Pay, Apple Pay) supported by Shopify Payments, as provided directly by the selected payment service providers. The User will be redirected to the websites of the selected payment service providers and will be required to pay the Total Amount Due according to the authentication and payment procedure established and regulated by such providers, according to the terms and conditions of the contract agreed between the User and such providers.

8.2 In order to ensure payment security, Users are reminded that the payment service providers selected in accordance with the methods set forth in Article 8.1 may, via automated systems, request the User to confirm the data provided by the User before proceeding with payment of the Total Amount Due.

8.3 In the event of failure to authenticate the data, as set forth in Article 8.2 above, resulting in failure to pay the Total Amount Due, the Order will be cancelled and the Seller will not proceed with the Order Confirmation.

8.4 Personal and confidential data relating to the payment method used (card number, cardholder, expiration date, security code) are encrypted and transmitted directly to the payment processor indicated in Article 8.1 without passing through the Platform and servers used by the Seller, in accordance with the security procedures implemented by the Seller and the Processor, as required pursuant to the Privacy Policy, available at this link . The Seller therefore never has access to or stores the data relating to the payment methods used by the User to pay for the Products.

9. Shipping of products – Consumer Services

9.1 The Products purchased on the Site will be shipped to the shipping address indicated by the User and reported in the Order Confirmation.

9.2 The Seller will deliver the goods via courier, with a delivery time of between 2 and 9 working days starting from the moment the online sales contract is finalised.

9.3 Shipping times are indicative and not binding. Any delays in delivery of the goods do not entitle the User to terminate the online sales contract.

9.4 During shipment, the goods travel at the User's risk, therefore the Seller cannot be held liable for any damage caused to the goods during transport or in the event of theft of the goods already delivered to the Carrier.

9.5 The Seller ships the Products purchased on the Site exclusively within Italy. Therefore, the User is required to enter a shipping address within Italy on the Order form.

Furthermore, shipments cannot be made to PO boxes or post offices.

9.6 In the event that the Shipping address is outside of Italy or at a PO box or post office, the Seller will not proceed with issuing the Order Confirmation.

9.7 The shipping costs of the Products, which may vary depending on the shipping method chosen by the User, and any other additional costs are the responsibility of the User, as reported in the Total Amount Due.

Their amount will be expressly and separately indicated (in Euros and inclusive of VAT) in the Product Sheet and in the Order Confirmation.

9.8 Upon Shipment, i.e. upon delivery of the Products to the courier, the User will be sent an email confirming the Shipment, containing a link that will allow them to track the progress of the Shipment.

9.9 It is the User's responsibility to verify the condition of the Product delivered. Therefore, the User is advised to check the integrity of the packaging and the number of Products received, and, where possible, to indicate any anomalies on the carrier's delivery note. If the packaging shows obvious signs of tampering or alteration, the User is advised to promptly notify Customer Service. The provisions regarding the right of withdrawal and the legal guarantee of conformity remain in effect, as set forth in the relevant Consumer Information , which the User expressly declares to have read and accepted.

9.10 The User acknowledges that collecting the Product is a specific obligation under the purchase contract. In the event of non-delivery due to the recipient's absence at the address specified in the Order Confirmation, the courier will leave a notice in the recipient's mailbox containing their contact number. The courier will then make a second delivery attempt. After two unsuccessful delivery attempts, the package will be held in storage. Customer Service will then send the User an email to release the hold and ensure the package is delivered as soon as possible. If necessary, Customer Service may agree with the User to change the Shipping address. If this attempt is also unsuccessful or the User does not respond to Customer Service's contact attempt, the Product will be returned to the Seller and, in any case, after 14 calendar days from the first delivery attempt, the contract will be deemed terminated and the Purchase Order consequently cancelled pursuant to art. 1456 of the Italian Civil Code.

The Seller will then proceed, within 14 working days following the termination of the contract, to refund the Total Amount Due paid by the User, less the costs of the unsuccessful delivery of the Product, the costs of returning the Product to the Seller, and any other costs incurred due to the failed delivery caused by the recipient's absence. The termination of the contract and the refund amount will be communicated to the User via email.

In the event that, before the expiry of the thirty-day period, the User requests to receive the Product again, the Seller will proceed with the new Shipment after charging, in addition to the costs of the same, the costs of returning the Product to the Seller and the storage costs.

9.11 In the event that the purchased Product is not delivered or is delivered late with respect to the Shipping terms indicated in the Order Confirmation, the Consumer User, pursuant to art. 61 of the Consumer Code, invites the Seller to make the delivery within an additional period appropriate to the circumstances ("Additional Period pursuant to art. 61, paragraph III, Consumer Code"). If this additional period expires without the Products being delivered, the User is entitled to terminate the contract ("Termination of the Contract pursuant to art. 61, paragraph III, Consumer Code"), without prejudice to the right to compensation for damages.

The User is not required to grant the Seller the Additional Term pursuant to art. 61, paragraph III, of the Consumer Code (“Excluded Cases”) if a) the Seller has expressly refused to deliver the Products; b) compliance with the delivery deadline indicated during the purchase process and in the order confirmation must be considered essential, taking into account all the circumstances surrounding the conclusion of the contract; c) the User has informed the Seller, prior to the conclusion of the contract, that delivery by or on a specific date is essential. In the Excluded Cases, if the User does not receive the Products within the delivery deadline indicated during the purchase process and in the order confirmation, he or she is entitled to immediately terminate the contract, without prejudice to the right to compensation for damages (“Termination of the Contract in Excluded Cases”).

The indication of the Additional Term pursuant to art. 61, paragraph III, of the Consumer Code and the communication of Termination of the Contract pursuant to art. 61, paragraph III, of the Consumer Code or of Termination of the Contract in the Excluded Cases must be communicated by the User to the Seller at the addresses indicated in art. 12 below.

In the event of termination of the Contract pursuant to art. 61, paragraph III, of the Consumer Code, or termination in the Excluded Cases, the Seller will refund the Consumer User the Total Amount Due without undue delay. The refund will be made in accordance with the procedures set forth in art. 9.11 below.

The User reserves the right to avail himself of such remedies and/or the ordinary means of protection made available by law at any time and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code.

9.12 In all cases where the User is due a refund, as provided in this Article 9, the refund amount will be communicated to the User by email. It will be credited to the same payment method used by the User for the purchase. Any delays may depend on the type of credit card used or the payment solution used. In any case, the value date of the refunded amount will be the same as the debit date.

10. Legal guarantee of conformity

10.1 The Products sold on the Platform accessible to the Site are covered, for Consumers, by the Legal Guarantee of Conformity provided for by Articles 128-135 of the Consumer Code (“Legal Consumer Guarantee”), as set out in the Consumer Information , including the Information on the Legal Guarantee of Conformity, which the User expressly declares to have read and accepted and to which reference is made, as attached documents and an integral part of these General Conditions.

11. Applicable law and competent court, out-of-court dispute resolution – Alternative Dispute Resolution (ADR)

11.1 The General Conditions are governed by Italian law, expressly excluding the application of the so-called Vienna Convention.

11.2 For any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the court of the place where the User resides or has elected domicile shall have jurisdiction.

11.3 The application to Consumer Users who do not have their habitual residence in Italy of any more favourable and mandatory provisions established by the law of the country in which they have their habitual residence remains unaffected, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in the event of exercising this right, the methods and formalities for communicating the same and the legal guarantee of conformity, as provided for in the Consumer Information .

11.4 Pursuant to art. 141-sexies, paragraph 3 of the Consumer Code, the Seller informs the User who has the status of Consumer, that, in the event that he has submitted a complaint to the Seller, following which it has not been possible to find a negotiated solution, according to as provided for in the specific Information Notice ( available at this link ), the Seller will provide information regarding Alternative Dispute Resolution bodies for the extrajudicial resolution of disputes relating to obligations arising from a contract concluded with the Consumer on the basis of these General Conditions of Sale (so-called ADR bodies, as indicated in articles 141-bis et seq. of the Consumer Code).

11.5 The Seller also informs the User that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform is available at the following address: http://ec.europa.eu/consumers/odr/; through the ODR platform, the Consumer User can consult the list of ADR bodies, find the link to each of their websites, and initiate an online dispute resolution procedure in which they are involved.

11.6 In any case, the Consumer User retains the right to bring any dispute arising from these General Conditions of Sale before the competent ordinary court, regardless of the outcome of the out-of-court settlement procedure, as well as the possibility, where the conditions exist, of initiating an out-of-court resolution of disputes relating to consumer relationships by resorting to the procedures set out in Part V, Title II-bis of the Consumer Code.

11.7 Users residing in a European Union member state other than Italy may also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for small claims disputes, by Council Regulation (EC) no. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed €2,000.00, excluding interest, fees and costs. The text of the regulation is available on the website www.eur-lex.europa.eu .

Pursuant to the so-called Omnibus Directive, where the Consumer has suffered damage resulting from an unfair commercial practice, he or she may directly apply to the Judicial Authority and request compensation for the damage suffered and, where applicable, a price reduction or termination of the contract, taking into account the seriousness and nature of the unfair commercial practice, the damage suffered and other relevant circumstances.

12. Customer Service

12.1 You can contact Customer Service, as provided in the Consumer Information, available at this link . The User can request information, send communications, request assistance, or submit returns or complaints by contacting Customer Service using the following methods:

-by email, to customer@icamcioccolato.it

- by completing and submitting the Customer Service contact request form, available in the “ Contact Us ” section of the Site;

Customer Service will respond within five business days of receiving requests via email to the address provided during Registration or when submitting the Order Form. To this end, the User's personal data will be processed in accordance with the Privacy Policy, available at this link.

13. Privacy and Cookies

The Seller guarantees that the User's personal data is collected and processed in compliance with the GDPR and applicable legislation regarding the processing of personal data.

The User is required to read and refer to the provisions of the Privacy Policy and the Cookie Policy , which are to be considered an integral and substantial part of these General Conditions.

Where necessary, in order to use specific services, the User may also be asked to provide express consent to the processing of their personal data.

14. Force majeure

14.1 If Force Majeure Events occur which affect the fulfillment of the Seller's and/or Manager's obligations under these General Conditions:

1. the User will be contacted as soon as reasonably possible to communicate this;

2. the obligations of the Seller and/or Manager under these General Conditions will be suspended and the deadline for fulfilling such obligations will be extended for the duration of the Force Majeure Event.

14.2 In the event that Force Majeure affects the Product's delivery times, the Seller will arrange a new Shipping date following the resolution of such Cause. In any case, the Consumer remains entitled to the right of withdrawal, as provided in the information available at this link .

15. Express double acceptance

Pursuant to and for the purposes of Article 1341 of the Italian Civil Code, the User declares to have carefully read the following articles, the content of which he specifically approves: Article 5 (Product Information; Product Prices and Availability), Article 7 (Right of Withdrawal), Article 11 (Applicable Law and Jurisdiction, Alternative Dispute Resolution (ADR).