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, Fiscal 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 those 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, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether 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 6 September 2005, n. 206, 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 of confirmation of the Order issued by the Seller, as provided 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 other than 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 the related 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 Reg. 679/2016 on the processing of personal data;

• “Manager”: Ecommerce School, an Italian company that designs and creates websites and technological solutions for users and internet operators, including administrators, managers, employees, agents, representatives, partners and any licensors; the Manager may act - towards the Users and for the purposes of these General Conditions - on behalf of the Seller, as manager of the Platform and some Services, as per the relative appointment of the Manager as external data controller pursuant to art. 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;

• “Information for Consumers”: 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, with the insertion of 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 a plurality of 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 through the Site. The Seller may connect or associate with sites, hosted platforms, and other third-party products and services. It will be possible to connect to such third-party services through the Platform in compliance with the conditions of use as better specified in the Terms of Use of the Site as well as the applicable legislation on the processing of personal data;

• “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 e-mail and password (the first will function as username) for the creation of the Account and the release 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 provided for in the General Conditions and in 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 with 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 the Consumer. By accessing the Platform and clicking on the specific “accept” button and/or using the Platform Services, the User declares to have read and agrees to be bound by compliance with these General Conditions which can be consulted, together with the Consumer Information , the Privacy Policy , the Cookie Policy and the Terms of Use of the Site .

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 modifications and/or new conditions will be in force from the moment of their publication on the Site, in the “ Conditions of Sale ” section. Users are therefore invited to regularly access the Site and consult the most updated version of the General Conditions of Sale, before making any purchase. Continued use of the Platform and/or the Services following the publication of the modifications to these General Conditions will imply acceptance of such modifications.

1.5 The applicable General Conditions of Sale 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, in the manner set out 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 has reached the age of majority and that he or she has the legal capacity required by law to accept the General Conditions and undertakes to comply with the provisions thereof, 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 with reliable, legal and permitted means whether a User is actually a person over 18 years of age, if necessary, prohibiting access to the Services and/or cancelling the User's Account. Persons under 18 years of age may not make purchases on the Site. It is therefore prohibited for such persons to proceed with Registration and make 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 that come from: i) a User with whom it has an ongoing legal dispute, including for the recovery of any sums of money or credits; ii) a User who has violated the General Conditions; iii) a User who has been involved, to the extent known to the Seller, according to news and information not expressly confidential and/or in the public domain, in fraud of any kind and, in particular, in 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 registration 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. In the registration procedure via the Site, the User must access the dedicated area of ​​the Site, fill out a form with the user's identification email address and password, click on Login. A message then appears informing the user that the process was successful. After clicking on the close button, the user receives a welcome email confirming the creation of the account and reporting the redirect link to the User's account, clicking on which a new page appears inviting the user to complete the registration. Landing on a second form, the User must enter name, surname, tax code and date of birth. Clicking on the confirm button concludes the registration process. Successful registration on the Site will be confirmed to the user via a specific email.

3.3. In the registration procedure using the user's social network account, the User must access the dedicated area of ​​the Site, click on the login of the individual social network, follow the instructions and policies imposed by the individual social network, at the end a page appears that invites the user to complete the registration. The User then lands on a form managed by the Platform and, as for the registration procedure referred to in point 3.2, the User must enter name, surname, tax code and date of birth. Clicking on the confirm button concludes 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 can only make one registration.
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. The registration credentials (email address and password) allow the user to make purchases on the Portal and, in the case of payment by credit card, the payment methods are managed directly by the third-party company. In any case, the registration credentials must be kept with extreme care and attention, can only be used by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to ensure that no third party has access to them. He also undertakes to immediately inform Icam SpA in the event that he suspects or becomes aware of an improper use or improper disclosure of the same.
3.8. The user guarantees that the personal information provided during the registration procedure on the Site is complete and truthful and undertakes to hold Icam SpA harmless and indemnified from any damage, compensation obligation and/or sanction deriving from and/or in any way connected to the violation by the user of the rules on registration on the Site or on the conservation of the registration credentials.

3.9 In the event of a request for cancellation from the Portal, the Seller may temporarily maintain, in whole or in part, the account information for the sole purpose of executing any purchases made and/or being able to conclude accounting or tax procedures.

3.10 The User is aware that by using this online shopping platform, the provision of the PC and the Internet connection is at his expense; the Portal is made available without the release of any specific guarantee or license: the User who uses it assumes all risks related to the use of the Internet and computer applications (hardware and software) and must ensure that he is in compliance with the basic computer security measures (antivirus, firewall, etc.) and avoid downloading unsafe or dangerous material;

3.11 The Seller is not responsible and not liable:

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 own control or that of its sub-suppliers, except in cases of fraud or gross negligence;

4. Interruptions to the online shop service;

5. Fraudulent and illicit use that may be made by third parties of credit cards, checks and other means of payment, at the time of payment for the products purchased, if it is demonstrated that all possible precautions have been taken based on the best science and experience of the moment 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 legally valid inquiries or orders and not to place false or fraudulent orders. If the Seller has reasonable grounds to believe that an order of this nature has been placed, it will be authorized to cancel it and inform the competent authorities;
3.13 The User undertakes, once the online purchase procedure has been completed, to print and keep this contract.

4.Purchases via platform

4.1 Purchases of Products on the Platform take place with the issuing of the Order only after registration on the Site.

4.2 In compliance with Legislative Decree 9 April 2003, n. 70 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, the same is loaded into the user's cart, who must proceed to enter the following information in order to proceed with the conclusion of the contract: billing data, shipping address, type of shipping, type of payment, any discount voucher 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 instruments, 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 considered concluded when the User receives an order confirmation email from the Seller, with the sending of these General Conditions of Sale and information relating to the essential characteristics of the purchased Product, the detailed indication of the price, the means of payment used, the 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 link "General Conditions of Sale" 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 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 issuing the Order and the Order Confirmation is Italian. Customer Service is able to communicate with Users in the same language.

4.7 It is specified that the Seller does not accept orders by telephone and/or by e-mail or in ways other than those provided for in the preceding articles. Orders by telephone and/or by e-mail are therefore prohibited.

5. Product Information; Product Pricing and Availability

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

In any case of purchase, made pursuant to articles 3 and 4 of the General Conditions, the description of the Product contained in the Product Sheet will be valid. The images and descriptions on the Portal reproduce the characteristics of the Products as faithfully as possible. Furthermore, the images of the Product present in the Product Sheet may differ in size or in relation to any accessory products. These images must therefore be understood as indicative and with the usual tolerances. For the purposes of the purchase contract, the description of the Product contained in the order form sent by the user will be valid. All product orders are subject to their availability. In this sense, in the event of supply problems, the Seller reserves the right not to accept your order. Although the Seller always does its best to follow up on all orders, it reserves the right to refuse to process orders in the event of exceptional circumstances arising after the Confirmation of payment has been sent.

5.2 All prices of the Products published on the Site are expressed in Euros and are inclusive of Value Added Tax (VAT). Any additional costs will be expressly and separately indicated in the Order form, before the User proceeds to issue the same. They do not include the costs for the delivery of the goods which must be calculated separately. The amount of shipping costs will be displayed both when the Product is selected and placed in the cart by the User, and in the order confirmation email. The amount of shipping costs is quantified as € 5.90 for delivery of goods in Italy, it will depend on the quantity, weight and size of the product purchased by the User; for orders of an amount greater than € 49.00, shipping costs will be 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 of issuing the Order and that no account will be taken of any variations (increases or decreases) subsequent to the transmission of the same.

5.4 Products may be offered for sale on the Site at discounted prices. The full price indicated on the Site and 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 last full reference price on which the discount is calculated will also be indicated in the Product Sheet.

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, following the transmission of the Order .

5.7 In any case of unavailability of the Product indicated in the Order, without prejudice to the other rights attributed 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 e-mail to the e-mail address indicated during Registration on the Site. The Seller, therefore, will not proceed in this case to issue the Order Confirmation and the purchase will therefore not be completed.

5.8 In the event that the User exercises the right of Withdrawal pursuant to art. 61, paragraphs IV and V, of the Consumer Code, and the payment of the Total Amount Due has already occurred, 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 indicated 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 re-credited amount will be the same as 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 in 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 issuing the Order, the User will pay the Total Amount Due, according to the payment methods set out in the following art. 8 of the General Conditions. The issuance of the Order implies the obligation to pay and the Platform will issue the Order Confirmation only after receiving confirmation of the successful payment of the Total Amount Due, except in any case as set out in the following art. 9 regarding the Shipping address.

6.2 In the event that the Total Amount Due is not paid or the successful outcome 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 perfected.

The User will be notified by email to the email address indicated 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 communication with the Seller, as well as the billing address.

6.5 The request for a tax invoice must be sent with the Order and requires the addition of additional information, necessary for completing the tax document. The User accepts that the invoice relating to the purchase of the Products, issued by the Seller, is sent to the email address that the User has communicated during Registration. A copy will be sent subsequently to the User who has requested it pursuant to this art. 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 having to bear costs other than those provided for in the Consumer Information, which can be consulted at this link and which the User expressly declares to have seen 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 provided for in the General Conditions and in 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 provided for in the Consumer Information, which can be consulted at this link

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

8. Payment Methods

8.1 The payment of the Total Amount Due can be made by: credit card (EXCLUDING American Express), or debit card, or by digital wallets (Paypal, GPay, Apple Pay) supported by Shopify Payments, as provided directly by the managers of the chosen payment services. The User will be redirected to the websites of the managers of the chosen payment services and will have to make the payment of the Total Amount Due based on the authentication and payment procedure provided and regulated by such managers, according to the terms and conditions of the contract agreed between the User and such managers.

8.2 In order to guarantee the security of payments, Users are reminded that the payment service providers chosen according to the methods set out in art. 8.1 may, through automated systems, request the User to recognise the data indicated by the User, before proceeding with the payment of the Total Amount Due.

8.3 In the event of failure to authenticate the data, as provided for in art. 8.2 above, with consequent failure to pay the Total Amount Due, the Order issued will be cancelled and the Seller will not proceed with the Order Confirmation.

8.4 The personal and confidential data relating to the means of payment used (card number, holder, expiration date, security code) are encrypted and transmitted directly to the payment manager indicated in art. 8.1 without passing through the Platform and servers used by the Seller, according to the security procedures implemented by the Seller and the Manager, as provided for in the Privacy Policy, available at this link . The Seller therefore never has access to and does not store the data relating to the means of payment used by the User to pay for the Products.

9. Shipping of products – Consumer Services

9.1 The Shipping of the Products purchased on the Site is carried out 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 The shipping terms are to be considered indicative and not binding. Any delays in the delivery of the goods do not entitle the User to terminate the concluded online sales contract.

9.4 During shipment the goods travel at the User's risk and peril, therefore no responsibility can be attributed to the Seller 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 Shipping by the Seller of the Products purchased on the Site takes place exclusively in Italy. Therefore, the User is required to enter in the Order form a Shipping address that is within the borders of the Italian State.

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

9.6 In the event that the Shipping address is outside of the Italian State 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 in relation to 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 At the time of Shipment, i.e. delivery of the Products to the courier, the User will be sent an email confirming the Shipment, containing a link that will allow the progress of the Shipment to be followed.

9.9 It is the User's responsibility to check the condition of the Product delivered to him/her. 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 transport document. In the event that the packaging shows obvious signs of tampering or alteration, the User is advised to promptly notify Customer Service. The application of the rules regarding the right of withdrawal and the legal guarantee of conformity remains unchanged, as provided for in the relevant Consumer Information and which the User expressly declares to have read and accepted.

9.10 The User acknowledges that the collection of the Product is a specific obligation deriving from the purchase contract. In the event of failure to Ship due to the absence of the recipient at the address specified in the Order Confirmation, the courier will leave a notice of passage in the letterbox containing the number to contact the courier. The courier will then make a second delivery attempt. After two failed delivery attempts, the package will go into "storage". Customer Service will then send an email to the User in order to release the storage and ensure that the package is delivered to him as soon as possible. If necessary, Customer Service may agree with the User to change the Shipping address. If this attempt also fails or the User does not respond to the contact attempt of Customer Service, 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 considered terminated and the Purchase Order consequently cancelled pursuant to art. 1456 of the 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, minus the costs of the unsuccessful delivery of the Product, the costs of returning it to the Seller and any other costs incurred due to the failed delivery caused by the absence of the recipient. The termination of the contract and the amount of the refund 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, co. III, Consumer Code”). If such additional period expires without the Products having been delivered, the User is entitled to terminate the contract (“Termination of the Contract pursuant to art. 61, co. III, Consumer Code”), without prejudice to the right to compensation for damages.

The User is not burdened with the obligation to grant the Seller the Additional Term pursuant to art. 61, paragraph III, 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 that accompanied the conclusion of the contract; c) the User has informed the Seller, before the conclusion of the contract, that delivery within 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 is entitled to immediately terminate the contract, without prejudice to the right to compensation for damages (“Termination of the Contract in the Excluded Cases”).

The indication of the Additional Term pursuant to art. 61, co. III, Consumer Code and the communication of Termination of the Contract pursuant to art. 61, co. III, Consumer Code or 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, co. III, 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 take place in accordance with the procedures set out in art. 9.11 below.

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

9.12 In all cases in which the User is due a refund, as provided for in this art. 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.

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 provided for in the Consumer Information , including the Information on the Legal Guarantee of Conformity and which the User expressly declares to have seen 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 settlement of disputes – 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 reserved, 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 of 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 qualification 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 the 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 and following 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 can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform the Consumer User will be able to consult the list of ADR bodies, find the link to the site of each of them and start an online dispute resolution procedure in which he is involved.

11.6 In any case, the right of the Consumer User to bring the dispute arising from these General Conditions of Sale before the competent ordinary court is reserved, regardless of the outcome of the out-of-court settlement procedure, as well as the possibility, where the conditions exist, of promoting 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 The User who resides in a member state of the European Union 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 Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, Euro 2,000.00. The text of the regulation can be found 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 may directly apply to the Judicial Authority and request compensation for the damage suffered and, where applicable, a reduction in price 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 It is possible to contact Customer Service, as provided in the Consumer Information, available at this link . The User can request information, send communications, request assistance or forward returns or complaints by contacting Customer Service in the following ways:

-by email, to customer@icamcioccolato.it

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

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

13. Privacy and Cookies

The Seller guarantees that the User's personal data are collected and processed in compliance with the GDPR and applicable legislation on 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.

If necessary, for the use of specific services, the User may also be asked to give express consent to the processing of his/her personal data.

14. Force majeure

14.1 If Causes of Force Majeure occur which affect the fulfillment of the obligations of the Seller and/or Manager 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 the Causes of Force Majeure affect the delivery times of the Product, the Seller will take care to organize a new Shipping date following the resolution of such Cause. In any case, the right of Withdrawal remains applicable to the Consumer, 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 Competent Court, Out-of-Court Settlement of Disputes – Alternative Dispute Resolution (ADR).