Conditions and Warranties

Contents – General conditions of sale

  1. Subject
  2. Acceptance of the General Conditions of Sale
  3. Warranty
  4. Purchase Methods
  5. Prices
  6. Invoicing
  7. Order Receipt
  8. Additional Information
  9. Delivery of Goods and Shipping Costs
  10. Payment Methods
  11. Right to Return
  12. Refunds
  13. Conditions of Use
  14. Complaints
  15. Force Majeure
  16. Disclaimer
  17. Applicable Legislation to the Contract and Competent Court
  1. SUBJECT

These General Conditions of Sale apply to the purchase of products online at the website http://www.foodness.it, sold directly by Foodness Spa, Via Dell’Agricoltura 8/10, 46030 Curtatone (MN) (hereinafter Foodness), registered on the Mantua Chamber of Commerce under number 209814, Tax Code 01930570203, VAT No: IT 01930570203.

Foodness Spa, Via Dell’Agricoltura 8/10, 46030 Curtatone (MN) sells and partly produces the products on the Website

  1. ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE

These Conditions of Sale must be examined and accepted online by Customers of the website http://www.foodness.it before confirming their purchase. By ordering from the Website, you therefore acknowledge that you fully understand and accept the Conditions of Sale. Once the online purchase procedure has been finished, the Customer shall print and keep these Conditions of Sale, which they have already read and accepted during the purchase procedure.

Foodness Spa reserves the right to change these Conditions of Sale at any time by publishing a new version on this website. The applicable conditions of sale are those published on the website when placing an order, as examined and accepted by the Customer.

  1. WARRANTY

Foodness Spa declares that the products which shall be delivered are those found and described on the website and that the pictures of the products are for illustrative purposes only and non-binding.

Any evident defects should be reported by the Customer according to the provisions of Article 132 of Italian Legislative Decree No 206 of 2005.

The products purchased on the website http://www.foodness.it are subject to the applicable law of Italian Legislative Decree 206/2005 on consumer protection and, for any matters not covered therein, to the specific provisions provided for by the Italian Civil Code. Except for the replacement of any defective or non-compliant products, Foodness Spa accepts no liability for any direct or indirect damage caused by use of the product by the recipient, including when used improperly.

The warranty is specific to the individual and therefore only applies to the original buyer. Any product defects must be reported in writing by the Customer and documented with the relevant photographs within the statutory period at the time of returning the defective product. This return must be pre-authorised by Foodness Spa.

Foodness Spa reserves the right to check the actual presence of a defect reported by the Customer and the customer may choose from the compensation methods indicated under the conditions of return. The request shall only be processed if the following documents are included in the returned package: the order number and date, a detailed description of the defect encountered and the intact product in its original packaging.

The Customer is responsible for the costs of returning the goods to the sender.

If you need any clarifications or have any complaints, you can contact Foodness Spa by e-mail at the address: helpdesk@foodness.it or on the telephone number 800031946

  1. PURCHASING METHODS

Any purchases of products, available online and described in the relative detailed data sheets, are made by the Customer at the indicated price, plus any transport costs, as detailed below. The Products are accurately shown and displayed on the Website and correspond to their actual characteristics. In any case, Foodness Spa cannot guarantee that the products will be exactly the same as the images and colours on the Customer’s monitor, if there is a difference caused by the monitor. Before confirming the order, the Customer shall receive a summary of the unit cost of each product chosen, as well as the total cost if several products are purchased and any transport costs. When the order is confirmed, the Customer shall receive an e-mail containing the order details.

  1. PRICES

All prices on the website include VAT. The applicable prices for the products ordered by the Customer are those shown on this website on the date when the order is sent. The prices may be changed at any time, without prior warning, including for any possible promotions. Prices do not include shipping costs. Shipping costs are billed at the rates indicated on this website on the date when the order is sent and may be changed at any time without prior warning. Prices are shown in Euros.

  1. ORDER RECEIPT

http://www.foodness.it is an e-commerce site that offers the chance to buy soluble drinks in compatible capsules. Any product purchases, available as shown and described online under the relative descriptions, are made by the customer at the price indicated therein, to be confirmed at the time the order confirmation is sent, along with the transport costs as detailed below and, in any case, displayed at the time of purchase.

Before confirming the purchase, the Customer shall receive a summary of the unit cost of each product chosen, as well as the total cost if several products are purchased and any relative transport costs. When the purchase is confirmed and the transaction is completed, the Customer shall receive an e-mail containing the Date and Total Amount of the order (for payments by bank transfer, PayPal or Credit Card).

  1. DELIVERY OF GOODS AND SHIPPING COSTS

All orders placed shall be delivered to the shipping address you indicate when sending your order, which may be your home or place of work. In order for the delivery to be successful, please check that the address is correct, also leaving your telephone number and e-mail address, and that instructions on the bell/intercom buttons are clear and correspond to the name you indicated to receive the goods you purchased.

If there are any problems with processing or delivering the order, it is important that it can be tracked to agree any potential changes.

On the days following the order, please check your emails, as we might have sent you a message about the processing of your order.

Orders shall be processed 24/48 hours (from Monday to Friday) from final acceptance of the order, which shall only be when your payment is credited to our account.

You are responsible for checking the quantity and condition of the goods at the time of delivery.

All orders are shipped at the buyer’s risk: Foodness Spa does not accept any risk resulting from transport and/or changes to delivery times.

The shipping costs applied to each order may change depending on the products chosen by the customer and the destination of the goods.

Smaller Islands and Free Zones might have longer delivery times and different shipping costs which shall be sent to you by email.

Read more on Shipping Conditions.

  1. PAYMENT METHODS
  • Credit card (even if you do not have a PayPal account): You can pay by the following credit cards: Visa, MasterCard, American Express, Maestro, JCB and Diners.
  • PayPal: you can pay with your own PayPal account.

Read more on Payment Methods.

  1. RIGHT TO RETURN

If the customer is not satisfied with the purchased items, they may exercise their right to return part or all of the goods ordered, without penalty. The customer may exercise their right to return within 15 working days from the delivery date of the purchased products. This request must be sent by email to the following email address helpdesk@foodness.it and must indicate the order number, the item(s) that you wish to return, the reason why and your contact details.

Foodness Spa shall reply by e-mail, authorising the return of the goods. The products to be returned may be shipped by any method chosen by the customer, but it is recommended to send them by tracked post as the customer is fully responsible for the shipping until the goods are confirmed received at our warehouse. However, under no circumstances shall Foodness Spa accept shipped returns by freight collect. The customer shall therefore be responsible for the shipping costs.

Once the returned products are received, Foodness Spa reserves the right to check the integrity of the goods to ensure that the returned products are in the same condition as when they were delivered. These checks might require up to 5 working days. Only after the condition of the returned items has been confirmed shall Foodness Spa issue the refund within 14 days from receipt of the returned goods.

Please note: The following shall not be accepted for a replacement:

  • Products without the original packaging or opened packs;
  • Used products;
  • Products damaged by improper handling by the customer;
  • Packages returned cash-on-delivery or freight collect.

Please also never attach labels or adhesive tape directly onto the product’s original packaging, otherwise the returned goods shall not be accepted.

Read more on Conditions of Return.

  1. REFUNDS

The Customer shall be entitled to a refund of the price paid to purchase a product if they are not satisfied with the purchase made. The Customer is responsible for the shipping costs.

The refund shall be made by the following methods:

  • CREDIT CARD: for orders paid by credit card, the amount shall be cancelled by our systems and returned to the customer’s account according to the times set by the bank that issued the card (generally the following month).
  • PAYPAL: for orders paid by PayPal, the refund shall be made directly to the PayPal account: a refund shall be requested for the transaction by the customer, net of the cost of the transaction.
  1. COMPLAINTS

Any complaints from the customer must be sent by registered mail with acknowledgement of receipt to:

Foodness Spa, Via Dell’Agricoltura 8/10, 46030 Curtatone (MN)

ITALY

  1. FORCE MAJEURE

Foodness Spa shall make every effort necessary to meet its obligations. However, Foodness Spa cannot be held liable for delays or failed deliveries caused by circumstances beyond its reasonable control. These circumstances include strikes, wars, natural disasters and any other event that makes the production, transport or delivery of products impossible.

Foodness Spa is not liable for the Courier in the event of delays or failed deliveries. Please contact the courier for more information.

  1. DISCLAIMER

The pages on this website are published by: Foodness Spa

Please carefully read this disclaimer as use of the website by the User constitutes acceptance of all the clauses contained therein.

Foodness Spa:

  • Reserves the right to make changes to the disclaimer published on this page at any time. The user must check the disclaimer and read its contents every time they visit the website, as use of the website constitutes acceptance of the disclaimer.
  • Shall provide accurate, up-to-date information. Foodness Spa makes every reasonable effort to ensure that the material and content published on the website are carefully examined and analysed, produced with the greatest care and promptly updated. However, errors, inaccuracies and omissions may occur. Foodness Spa therefore does not accept any liability for errors, inaccuracies and omissions that might possibly appear on the website. It shall endeavour to correct any errors reported.
  • It cannot be held liable in any way for any direct, indirect or accidental damage or any damage resulting from the use or misuse of the information on this website, or following use of the content published on it, as well as the software used.
  • It does not accept any liability in the event of any damage, including direct or indirect damage, loss of data or other tangible/intangible assets resulting from or related to the use, inability to use, unauthorised use, provision or lack of provision of any service from or through the website, even if Foodness Spa has been pre-warned about the possible occurrence of this damage, and if this damage results from a breach of contract, negligence or unlawful action under current legislation and fair procedures.
  • It does not accept any liability for the material shown on the website.

This material:

  • Is not always necessarily comprehensive, complete, accurate or up-to-date;
  • Is sometimes linked to external websites over which Foodness Spa has no control and for which Foodness Spa accepts no liability;
  • It is not liable for the failure to use the service due to Internet connection problems or for any potential malfunctions with the website or its hosting server.
  • The purpose of this disclaimer is not to avoid compliance with the requirements established by current national legislation, nor to waive liability in cases where it exists pursuant to this legislation.
  1. APPLICABLE LEGISLATION TO THE CONTRACT AND COMPETENT COURT

For any matters not expressly covered and governed by these conditions of sale, the relevant applicable Italian law shall apply. The Competent Court is the Court of Mantua, excluding any other court.