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Terms and conditions
Terms of Sale
In force from January 1, 2023
This site www.ilsiculo.it and the Il Siculo dell’Etna trademark are privately owned and registered with the MISE – UIBM department. The Site allows Users (as defined below) to:
- view the products (as defined below), such as food and non-food products that can be purchased through the Site;
- select the products they wish to purchase, available for purchase
- use the home delivery service for the Products;
- pay the amount due to Il Siculo dell’Etna for the purchase of the selected Products, according to the Service (as defined below) chosen.
The Provider, as part of its policy of fairness and transparency, invites each user of the website (hereinafter, the “user”), before starting to browse the site, to carefully read these terms and conditions that govern the services offered through the site.
If you do not intend to accept these terms and conditions and/or any other note, legal notice, information or disclaimer published on the site, we invite you not to use the site or its related services.
1. TERMS AND CONDITIONS OF USE
These terms and conditions define and regulate the general conditions of use of the website and the Services provided to the User by Il Siculo dell’Etna, as identified above, through its legal representative pro tempore (the Provider).
The use of the website by each User, regardless of whether they are a Visitor User or a Customer (as defined below), is subject to the terms and conditions set forth in these terms and conditions, even if the User does not use any of the Services or features available on the Site.
For the purposes of this contract, the term "terms and conditions" refers to the set of general rules for using the website and the Services, as well as the specific conditions governing the use of individual Services, including any document referenced herein or any other note, legal notice, information, or disclaimer published on the Site. The privacy policy (the "Privacy Policy"), the "Help" section, and any additional conditions listed in the various sections of the website are to be considered an integral and substantial part of these terms and conditions.
In these terms and conditions, in addition to the terms defined elsewhere, the terms listed below shall have the meaning attributed next to each of them. In particular:
Customer – means individually or collectively any Registered User who makes a one-time or repeated purchase on the website under the conditions indicated in these terms and conditions.
Products – the products sold through the website to Customers.
Service – individually or collectively means any service and all associated functions offered on the website, whether free or paid, and offered directly by the Company or by third parties with our contribution. The term “Service” includes, unless otherwise specified, the website and all services, including paid ones, functions, and features that are offered within the website and are in any case made available to Users.
Website – means the website accessible at www.ilsiculo.it , but also all internet addresses (e.g. URLs, domain names, and pages) that are used to offer or provide the Services as well as all mirrors, replacements, and backups and all web pages that the sites include.
Supplier – means Il Siculo dell’Etna, as identified above.
Carrier – means the transport company or freelance professional delegated to transport the Products to the User.
User – collectively refers to the Visitor User and, in any case, anyone who uses or is about to use or benefit from the Services and/or the Site.
Visitor User – refers to the user who browses the website and/or uses the features and/or Services made available to all Users without using the Site's services.
2. CHANGE OF TERMS AND CONDITIONS
The Provider reserves, as indicated below, the right to update, supplement, and modify in whole or in part the terms of these terms and conditions and each of the documents referred to herein, including the Privacy Policy, the Services and their respective features, as well as, by way of example and not limitation, the fees for the use of the Services published herein.
The User undertakes to periodically review the terms and conditions, it being understood that the Provider will do whatever is reasonably necessary and appropriate to inform the User, through the website itself, of any changes to the terms and conditions and/or the Services.
Changes to the terms and conditions and/or related Services will be effective from the moment they are published on the website and will apply only to sales concluded thereafter.
The Provider will inform Users of changes to these terms and conditions or to the features/limitations of the Services and/or their costs by publishing them on the website.
The changes and updates will be considered accepted by Users by accessing the website or using the website after the time when the change has been published on the website itself.
If the User does not agree with the changes made, they are invited not to use the website
3. AGE AND RESIDENCE
The website and the Services offered are intended exclusively for Users residing in the European Union who are at least 18 (eighteen) years old. The Service is provided automatically by computerized systems.
The User who intends to register or subscribe to the Service by selecting the Services guarantees that they are of legal age, and that the personal data provided are truthful, correct, up-to-date, refer to the person entering them or are entered with the consent of the third party, assuming all responsibility for the accuracy and truthfulness of the information provided. In the event of any changes to the data provided by Users, it will be their responsibility to inform the Company of the updates as soon as possible.
4. PRODUCTS
4.1. Public offer
All Products and prices indicated in the Services constitute a public offer with the limitations and methods contained on the website itself and in these terms and conditions.
4.2. Graphic design
The illustrative photographs of the Products are for representation purposes only and are intended solely to present the Products. The Supplier therefore declines all responsibility and does not provide any guarantee regarding the correspondence between the graphic appearance of the Products published on the website and that of the Products delivered.
4.3. Variable weight products
Variable weight products (e.g. fruit) are offered on the website in minimum guaranteed sizes and weights.
In the event that the Products purchased include one or more of such variable weight products, the Supplier will apply exclusively the price calculated at the time of the order, without any consideration of price increases or decreases that may have occurred subsequently or previously concluded.
4.4. Products per package
In the event that the Products purchased through the Services include one or more of such products per package, the Supplier will apply exclusively the price calculated at the time of the order, without any consideration of price increases or decreases, even for promotions, that may have occurred subsequently or ended previously.
4.5. Prices
All prices include VAT.
5. THE SERVICES
The Service offered by Il Siculo dell’Etna to Users is a service that allows to:
- view the Products available for purchase through the Site;
- select the Products that the User intends to order and purchase;
- pay the amount due to the Company for the purchase of the Products offered on the Site;
- use the delivery service for the Products to the delivery address indicated by the User.
6. THE PURCHASE SERVICE IN DETAIL
the User will have the option to purchase the Products.
6.1. Purchase of Products
The User, by connecting to the Site, can view all the Products available for purchase, selecting those of interest and adding them to the cart or removing them from the cart if they are no longer interested.
Once the selection of products is completed, the User can:
6.2 Acceptance of the purchase order
The Supplier's acceptance of the purchase order entails the immediate charge of the expense amount according to the selected payment method.
Following acceptance of the order, the Customer will receive confirmation via e-mail of the purchase with an explicit summary of the Products ordered and their respective prices, as well as the general and specific conditions applicable to the order itself.
6.3. Payment methods
Credit Card
To ensure maximum security, the Customer will carry out the payment transaction directly on Paypal's secure server. The data for payment by credit card is processed directly by the payment system provider as specified in the Privacy Policy.
PayPal
To ensure maximum security, the Customer will be redirected to the PayPal website where they can make the payment according to the methods accepted by PayPal and in compliance with the relevant conditions.
Bank transfer
To ensure maximum flexibility, the Customer may make payment by bank transfer to be carried out directly at their own bank. In this case, the costs and conditions set by their banking operator apply.
WARNING
With the completion of the purchase order, the Customer:
6.4. Invoicing
If the purchase is made by a professional or a company, it will be possible to request the issuance of an invoice after the order, by requesting the invoice at the email address info@ilsiculo.it and providing the billing details including tax code and/or VAT number. The Customer is responsible for correctly entering the billing information and is expressly informed that, if the invoice is not requested at the time of order, it will not be possible to request it afterwards.
Public administrations or companies subject to split payment (for example, public companies or companies listed on the FTSE MIB index) must contact the Supplier before completing an order on the Site. With regard to these entities, the Supplier is authorized to cancel orders placed without prior notice.
7. DELIVERY OF PRODUCTS
7.1. Delivery methods
The Supplier will arrange for the delivery of the Products to the address indicated by the Customer through selected professional Carriers. The delivery service is guaranteed only for homes accessible by the vehicles used by the carriers; in the case of homes that can only be reached via dirt roads, prior notification to the Supplier is required, who reserves the right to accept the order.
If the Customer is not present on the day of delivery, the Carrier will leave the goods at the branch closest to the delivery location (e.g.: GLS/TNT/SDA/UPS will leave the goods at the GLS/TNT/SDA/UPS branch closest to the delivery location).
After 24 hours from the time and date of the first delivery appointment, the Supplier is released from any responsibility for the deterioration of the products.
8. CLAIMS
8.1. Complaints
For any anomalies found in the Products, other than those due to the physiological deterioration of food products or mere imperfections in the packaging, the User may contact the supplier at the e-mail address info@ilsiculo.it specifying the defects found and documenting them with photographic material.
In order for the complaint to be accepted, the Customer must not break the seals of the products but simply document the deterioration with photographic images.
8.2. Non-delivery
The Customer acknowledges and accepts that in the event of the impossibility of delivering the Products due to his (or the person appointed to receive the goods) absence at the time of delivery on the scheduled day and time slot, the Products will not be removed from the order and the corresponding amount will not be refunded to the Customer.
8.3. Liability
The Provider undertakes to perform the Services in good faith and to fulfill, or ensure that are fulfilled, with the utmost diligence all the obligations established herein in the spirit of solidarity and self-organization that characterizes and must characterize all the activities and services offered and used by Users through the Site.
The Supplier shall not be liable for any delays occurring during transportation.
9. RIGHT OF WITHDRAWAL
9.1. Cases of exclusion of the right of withdrawal
Pursuant to art. 59, paragraph 1, letters d) and e) of Legislative Decree September 6, 2005, no. 206 (Consumer Code), the right of withdrawal is excluded in relation to:
With reference to the cases of exclusion of the right of withdrawal listed above, the Customer, in particular, is informed and accepts that among the Products that "risk deteriorating or expiring rapidly" are included all food products, as the characteristics and qualities of such types of Products are subject to alteration even as a result of improper storage. Therefore, for hygienic reasons and to protect Users, the right of withdrawal is applicable only for Products purchased on the website that can be returned to the Supplier intact in their respective seal, and put back on the market without risks to the health of consumers.
9.2 Exercise of the right of withdrawal
The Customer may exercise the right of withdrawal, pursuant to art. 52 et seq. of Legislative Decree 206/2005, in relation to specific Products, other than those listed in the previous paragraph 10+.1, provided that these, after delivery, have not been opened or their seals altered.
In cases where the right of withdrawal is permitted, the Customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty.
To exercise the right of withdrawal, the Customer must send the Supplier, within 14 days from the date of delivery of the Products, a written communication by email to the following address info@ilsiculo.it with the subject “Exercise of the right of withdrawal” and:
The right of withdrawal applies to the Product purchased in its entirety; therefore, if the Product is made up of several components or parts, the right of withdrawal cannot be exercised only on part of the purchased Product.
Upon receipt of the notice of exercise of the right of withdrawal, the Supplier will open a case for the management of the return and will inform the User of the instructions on how to return the Products, which will be carried out via the courier indicated by the Supplier.
In case of exercising the right of withdrawal, the Supplier will refund the User the full amount of the returned Products within 14 days from the date on which the notice of withdrawal was received, without prejudice to the Supplier's right to suspend payment of the refund until actual receipt of the Products. The refund will be made using the same payment method used by the User.
10. USER OBLIGATIONS
The User undertakes not to use the website and/or the related Services for illegal purposes or for purposes not contemplated in these terms and conditions. The User may not use the website or the related Services in a way that damages or otherwise impairs the website or interferes with the use and enjoyment of the website and related Services by other Users.
11. LIMITATIONS OF LIABILITY
The Supplier undertakes to implement the quality standards relating to the Products exclusively up to the moment of delivery at the place indicated by the Customer; any liability relating to the poor condition of the Products due to improper storage after the time of delivery or at other delivery points authorized by the Customer is excluded.
The Provider declines all responsibility for the information, data, and any technical or other inaccuracies that may be contained on the Site.
The Supplier declines all responsibility for the information provided/acquired directly from the individual Producers.
Any disputes relating to the execution of the Service may be raised, under penalty of forfeiture, within 48 (forty-eight) hours following delivery by writing to info@ilsiculo.it or through the "Contacts" section, documenting the dispute also with photographic material.
The Provider shall not be liable for any damages resulting from inaccessibility to the Services due to issues related to the network, providers, or telephone and/or telematic connections over which it has no control, or due to the malfunction and/or defective operation of the User's electronic equipment or that of the providers with whom the Provider collaborates.
The Provider assumes no responsibility for content created or published on third-party sites with which the website has a hyperlink (“link”). The User who decides to visit a website linked to the website does so at their own risk, taking on the responsibility of taking all necessary measures against viruses or other malware.
12. TERMINATION. SERVICE TERMINATION.
The Supplier reserves the right to deny the User access to and use of the website and the Services, or part thereof, at any time and with immediate effect, in the event of a breach by the User of the obligations set forth in the previous Articles, 6.3. (Payment Methods), 7.1 (Delivery Methods), and 11 (User Obligations). With regard to these Users, the Supplier is authorized, without prior notice, to cancel orders placed and not yet delivered.
Access to the website may also be temporarily interrupted in case of technical problems or to ensure its maintenance. If possible, such interruptions will be communicated on the Site.
At any time, the Provider may make improvements and/or changes to the website and the Services if this becomes necessary for technical reasons or in order to comply with current regulations.
The Supplier also reserves the right to cease, in whole or in part, the provision of the Services at any time and with reasonable notice, allowing the delivery of confirmed orders. In such cases, the Supplier will promptly notify Customers and/or Users in general, via e-mail and/or by notice on the Website.
13. ADDITIONAL INFORMATION. SUSPENSION OF SERVICES
The Supplier reserves the right to request additional information from the Customer or the submission of copies of documents proving ownership of the payment instruments used.
The Company reserves the right not to accept the purchase order and/or to immediately terminate the obligations arising from these terms and conditions as provided in the previous Article 12 (Termination. Cessation of Services) in the event that the Customer does not provide the information and/or copies of documents proving ownership of the payment instruments used.
In no case shall the Supplier be held liable for any fraudulent use of credit cards by third parties at the time of payment for Products purchased on the Site.
14. PRIVACY POLICY
The Provider will process Users' personal data in compliance with privacy regulations as detailed in the personal data processing notice, Privacy Policy, as specified below.
The Provider, as Data Controller, will process the personal data provided by the User for the purpose of providing the services of Il Siculo dell’Etna made available through the site, in accordance with the applicable personal data protection regulations.
Pursuant to Article 13 and following of Regulation (EU) 2016/679, the Provider informs the user who visits the website, www.ilsiculo.it, about the purposes and methods of processing your personal data. If the user decides to register on the site www.ilsiculo.it and use the related services free of charge, they will receive, regarding the processing of data provided for these purposes, a further notice pursuant to art. 13 and following of Regulation (EU) 2016/679. Please note that this notice is provided exclusively in relation to the data provided for the purpose of consulting the Il Siculo dell’Etna website and, therefore, is not provided in relation to the consultation of other websites that may be accessed by the user via links.
Finally, please note that the extended notice pursuant to art. 13 and following of Regulation (EU) 2016/679, hereinafter GDPR, is published on this site.
14.1 DATA CONTROLLER, DATA PROCESSOR AND AUTHORIZED PERSONNEL
Consulting and/or using this site by the user necessarily involves the provision of information of a personal data nature. Failure to provide such data will make it impossible to use the services made available on www.ilsiculo.it. Your personal data will be processed by persons authorized to process (appointees) appointed respectively by the Data Controller or Data Processors, who operate under their direct authority based on the instructions received.
14.2 THE DATA PROTECTION OFFICER
The Data Protection Officer (DPO) is the person responsible for the protection of personal data and is appointed by the Data Controller to perform the functions expressly provided for by the European Regulation on personal data protection.
14.2 METHODS AND PURPOSES OF PROCESSING
Your personal data will be processed by computer/telematic means for purposes strictly necessary for consulting the site www.ilsiculo.it, as well as for purposes connected and/or instrumental to it. Data processing will be carried out using tools and methods aimed at ensuring the confidentiality and security of the data, in compliance with the provisions of the applicable personal data protection regulations.
14.3 LEGAL BASIS OF PROCESSING
Your personal data will be processed on the basis of the contractual relationship accepted during registration or confirmation of services, as well as possibly also on the basis of the legitimate interest of the Data Controller and/or to fulfill a legal obligation. Furthermore, your personal data may be processed for specific purposes if the User has given clear and explicit consent for them.
14.4 METHODS AND RETENTION PERIODS
The processing of the User's personal data will be carried out in such a way as to guarantee adequate security and confidentiality and prevent unauthorized access or use of both the personal data and the tools used for their processing. Therefore, the User's personal data will be processed and stored in full compliance with the principles of necessity, data minimization, and limitation of the retention period, by adopting technical and organizational measures appropriate to the level of risk of the processing and for a period not exceeding the achievement of the purposes for which they are processed, in any case for the period provided by law.
14.5 TYPES OF DATA PROCESSED
The Processing concerns the User's personal data provided when using the services on the site www.ilsiculo.it, for the purposes and with the methods already specified.
In addition, browsing data may be processed: the computer systems and software procedures used to operate this website acquire, during their normal operation, some personal data whose transmission is implicit in the use of Internet communication protocols. This information is not collected to be associated with identified data subjects, but by its very nature could, through processing and association with data held by third parties, allow users to be identified. This category of data includes IP addresses or domain names of computers used by users who connect to the site, URI (Uniform Resource Identifier) addresses of the requested resources, the time of the request, the method used to submit the request to the server, the size of the file obtained in response, the numerical code indicating the status of the response given by the server (successful, error, etc.) and other parameters relating to the user's operating system and computer environment. This data is used solely to obtain anonymous statistical information on the use of the site and to check its correct functioning and is kept for the periods defined by the relevant regulations. The data could be used to ascertain responsibility in case of hypothetical computer crimes against the site.
14.6 CATEGORIES OF SUBJECTS WHO MAY BECOME AWARE OF THE USER'S DATA
In addition to the persons authorized to process (appointees) by the Provider, some processing of the User's personal data may be carried out, following communication, by any Data Processors, exclusively for the purposes already described. In this case, the Data Controller will give the Processors appropriate operational instructions, particularly regarding the adoption of security measures, in order to guarantee the confidentiality, integrity, and security of the data. The user's data may also be communicated to the Judicial Authority, administrative authority, or other public entity entitled to request them, in the cases provided by law.
14.7 RIGHTS OF DATA SUBJECTS
The user has the right to obtain from the Provider access to the following information: the purposes of the processing, the categories of personal data, the recipients or categories of recipients to whom the personal data have been or will be communicated, the expected retention period of the personal data or, if not possible, the criteria used to determine that period, the origin of the personal data, the existence of a profiling process and information on the logic used.
Furthermore, he/she has the right to:
- obtain the rectification of inaccurate personal data;
- obtain the integration of incomplete personal data;
- obtain the restriction of the processing of personal data (in this case, the data are processed only with your
- consent, except for the necessary retention of the same);
- object to their processing;
- obtain their erasure ("right to be forgotten");
- obtain data portability, i.e., the transmission of your personal data from one data controller to another, where technically feasible.
To exercise these rights, the user may contact the Provider by making an explicit request in the "Contacts" section.
15. APPLICABLE LAW. DISPUTES.
15.1. Applicable law
These terms and conditions, including the documents referred to herein and other legal notices published on the website, and in general the relationships between the Provider and the Users of the website, are governed by Italian law and must be interpreted in accordance with it.
15.2. Extra-judicial conciliation
Pursuant to Article 49, paragraph 1, letter V of Legislative Decree 6 September 2005 no. 206 (Consumer Code), the User may make use of the joint conciliation procedure (the “Joint Conciliation”).
The procedure can be initiated if the User, after having submitted a complaint to Il Siculo dell’Etna, does not receive a response within 30 days or receives a response that is not considered satisfactory by them.
15.3. Further Disputes
Any disputes connected and related to the use of the website and the Services contemplated therein, which cannot be resolved through the Joint Conciliation procedure referred to in paragraph 15.2, are subject to Italian jurisdiction and to the mandatory and exclusive territorial competence of the Court of Catania.
Specific approval of the terms and conditions pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code.
Pursuant to and for the purposes of Articles 1341–1342 of the Civil Code, the parties declare that they have read and understood, and therefore expressly approve, the following Articles: 2 (Changes to terms and conditions), 4 (Products), 6 (The Shopping Service), 7 (Delivery of Products), 9 (Right of Withdrawal), 10 (User Obligations), 11 (Limitations of Liability), 12 (Termination. Cessation of Services), 13 (Additional Information. Suspension of Services), and 15 (Applicable Law. Disputes).
With the confirmation of the order and the related payment, therefore, the User fully and explicitly approves, without any reservation, the aforementioned clauses and those specifically identified in the previous paragraph.
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