The general conditions of sale and use transcribed below (hereinafter "General Conditions") apply to all sales (hereinafter as "Services" or individually "Service") provided by CR Online Shop S.n.c. di Nicola Cini & C., through its domain www.kingofood.com ("Site"). The use of the Services is allowed only to a registered user, who has:
1. having read the information relating to the processing of personal data;
2. accepted the General Conditions;
3. created an account on www.kingofood.com, as indicated below.
Pursuant to and for the purposes of articles. 7 and 12 of the Legislative Decree. n. 70 of 9.4.2003, kingofood.com communicates the following information to users: the provider of the Services covered by the General Conditions is CR Online Shop S.n.c. di Nicola Cini & C., with registered office in via Cassia, 129 / B, 52047 Marciano della Chiana (AR), Italy, VAT number: 02381090519; registered at the Chamber of Commerce of Arezzo, (hereinafter "KingoFood"). In this document CR Online Shop S.n.c. di Nicola Cini & C. will be indicated with the name "KingoFood", which is the distinctive sign under which it carries out the sales activity on the Site. The General Conditions will also be applicable to new types of Services, which will be provided in the future by KingoFood, unless otherwise provided at the time of registration or the first supply of the new Service. The user is requested to print a copy of the General Conditions and / or to store them on a durable medium.
Special Consumer Notice:
Registration is allowed only to consumer users who are natural persons, who are of legal age. By "Consumers" we mean the natural persons who access KingoFood for purposes not related to any commercial, entrepreneurial or professional activity carried out. The provisions contained in the Legislative Decree no. n. 206 of 6.9.2005 ("Consumer Code"), in addition to those generally applicable to the type of service provided by KingoFood by virtue of Legislative Decree n. 70 of 9.4.2003 on information society services and electronic commerce.
Generalities and scope of application
1. These General Conditions apply to all sales made by KingoFood on the Site.
2. The General Conditions may be modified at any time, without prejudice to the user's right of withdrawal referred to in point 1.4 below. Any changes and / or new conditions will be effective from the moment of their publication in the "Conditions" section of the Site. To this end, we invite users to regularly access the Site and check the publication of the most updated General Conditions.
3. The applicable General Conditions are those in force on the date the purchase order is sent.
4. In the event that the user does not intend to accept the changes to the General Conditions, he will have the right to withdraw by giving notice by registered letter with acknowledgment of receipt or by e-mail PEC with 7 days notice.
5. Continued use of the Service after the deadline referred to in paragraph 1.4 is an expression of the will to accept the General Conditions.
6. These General Conditions do not regulate the sale of products and / or the provision of services by parties other than KingoFood that are present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with these subjects it is necessary for the user to verify their conditions of sale. KingoFood is not responsible in any way for the provision of services and / or for the sale of products by such subjects. KingoFood does not carry out any checks and / or monitoring on the websites that can be consulted through these links. KingoFood is therefore not responsible for the contents of these sites or for any errors and / or omissions and / or violations of the law by them.
7. To use KingoFood services it is necessary to register on the Site, creating a KingoFood account, approving the General Conditions, by clicking on the appropriate "Register" button on the home page of the Site. Failure to accept the General Conditions makes it impossible to register on the Site and make purchases on KingoFood.
8. Registration on the Site is free. To register, the user must complete the registration form, inserting an e-mail address and a password (hereinafter the "Registration Credentials"). Registration must be validated and confirmed by email sent to the address provided by the user.
9. The Registration Credentials must be used exclusively by the user and cannot be transferred to third parties. The user must notify KingoFood without delay in case of suspected misuse of the same. The Registration Credentials may be changed by the user at any time by accessing the Site in section special ion.
10. The user guarantees that the Registration Credentials provided during the registration procedure on the Site are complete, correct and truthful. The user agrees to hold KingoFood harmless from any compensation obligation, penalty deriving from and / or in any way connected to the violation by the user of the rules on registration to the Site. The user is solely responsible for accessing the Site using the Credentials of Registration and is directly liable for any damage or prejudice caused to KingoFood or to third parties by improper use, loss, misappropriation by others or failure to protect adequate secrecy of one's Registration Credentials. All operations carried out through the Registration Credentials are considered to have been carried out by the Customer to whom the Registration Credentials refer.
11. By registering on the Site, the user agrees to receive invitations to participate in KingoFood's sales and commercial proposals. At any time, by clicking on the appropriate link at the bottom of the invitation, the user can request not to receive further invitations to participate in sales. In any case, the user can participate in the sales through direct access through their credentials on the Site.
12. The Services are provided in Italian and English.
13. It is possible to make a single registration per user.
14. In the personal area on the Site, the user can view and possibly modify open, recently sent and / or concluded orders as well as manage and save personal data and potential subscription to the Newsletter service.
15. KingoFood reserves the right to refuse, at its sole discretion, the registration of any user. KingoFood also reserves the right not to accept orders, from anyone coming, which are abnormal in relation to the quantity of products purchased or the frequency of purchases made on the Site, as well as in relation to the improper or suspicious use of gift or discount vouchers. in section 76, the user may at any time cancel his registration with KingoFood by accessing the personal area on the Site.
In accordance with the Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, KingoFood informs the user that:
16. to conclude the purchase contract for one or more products on the Site, the user must fill in an order form in electronic format and send it to KingoFood, electronically, following the instructions that will appear on the Site from time to time and that will accompany the different stages of the purchase;
17. the contract is concluded when KingoFood registers the order form, after verifying the correctness of the data relating to the order and payment;
18. before proceeding with the transmission of the order form, the user can identify and correct any errors in entering data by following the instructions indicated on the Site from time to time and which will accompany the various stages of the purchase; once the order form has been registered, KingoFood will send the user to the e-mail address indicated a confirmation e-mail containing a summary of the General Conditions, information relating to the characteristics of the product purchased, a detailed indication of the price, the means of payment used, the methods for exercising the right of withdrawal, the shipping costs and any additional costs as well as the indication of the assistance service. It is recommended to keep the e-mail received as proof of purchase or to store it on a durable medium;
19. the order form will be filed in the KingoFood database for the time necessary to process the order and, in any case, in accordance with the law. To access your order form, the user can consult the Profile - Orders section of the Site where he will find a list of all orders placed.
Terms and conditions of purchase
20. The offers published on the Site are available for a limited time and with a limited quantity of products. The validity date of the offers is indicated on the Site.
21. All prices indicated on the Site refer to the particular net weight of the item, which can have a variable fluctuation up to a maximum of 10% of the declared value, are expressed in Euro (€) and are inclusive of VAT. The contribution to the costs of order fulfillment and delivery is explicitly indicated and includes VAT. This amount will be highlighted separately on the order form prior to sending and on the order confirmation e-mail.
22. The price of the products can be changed without notice until the order is confirmed, it being understood that the price charged to the user will be the one published on the product sheet at the time of sending the order.
23. The products will remain the property of KingoFood until the user has paid the purchase price and expenses.
24. KingoFood will process the purchase order only after receiving confirmation of the authorization to pay the total amount due, consisting of the purchase price, shipping costs and any additional costs, as indicated in the order form.
25. KingoFood reserves the right to refuse orders from users who do not provide sufficient guarantees of solvency or with whom disputes are pending.
26. The products offered on the Site are limited in number and can be sold at discounted prices. It may therefore happen that the ordered product is no longer available after registration of the purchase order. In any case of unavailability of the ordered product, the user will be promptly informed by e-mail and the purchase order will be canceled. If the payment has already been made, KingoFood will refund the amount paid by the user, including the contributions to the costs of order fulfillment and shipping costs, immediately, and in any case within thirty days from the day after sending the order. The refund amount will be communicated by e-mail, and credited on the same payment method used for the purchase or by bank transfer or by voucher.
27. KingoFood declines all responsibility for any delays in crediting, which depend on the bank or the type of credit card used for payment. In any case, the value date of the credited amount will be the same as the debit.
28. The delivery of the goods takes place "ex warehouse of the seller" and is carried out in the territory of the following states: Italy, San Marino, Vatican City, Austria, Belgium, Bulgaria, Croatia, Denmark, Estonia, Finland, France, France (Corsica) , Germany, Great Britain, Great Britain (Northern Ireland), Ireland, Lithuania, Latvia, Luxembourg, Holland, Poland, Portugal, Czech Republic, Slovak Republic, Romania, Slovenia, Spain, Spain (Balearic Islands), Sweden, Hungary, all postal address indicated by the user in the order form. The user is solely responsible for the address provided for shipping.
29. Delivery times are those indicated in the purchase order registered in the Profile - Orders section of the Site and specified in the purchase order confirmation. In the event of failure to indicate a specific delivery deadline, it will take place within thirty days from the day following the order being sent.
30. Upon delivery of the products to the carrier, an e-mail confirming shipment will be sent to the user.
31. In case of impediments to delivery due to force majeure, KingoFood will contact the user by e-mail to inform him of the delay in delivery times. KingoFood cannot be held responsible in any way for any delays due to facts of third parties and / or due to force majeure.
32. Delivery is considered completed when the product is made available to the user at the address specified in the order form.
33. In case of non-delivery due to the absence of the recipient at the specified address, the courier will leave a postcard to certify the delivery attempt. The card will indicate the data that the user must use to contact the courier and define an appointment for the second delivery attempt. After two unsuccessful delivery attempts, the package will go into storage and KingoFood Customer Service will contact the user in order to unblock the inventory and ensure that the delivery takes place as soon as possible. If this attempt is also unsuccessful, the purchased product will be returned to KingoFood. After thirty days from the date on which the product was returned to KingoFood, the contract will be considered terminated and the purchase order canceled pursuant to art. 1456 of the Italian Civil Code KingoFood will reimburse the sum paid by the user net of the costs of the unsuccessful delivery of the product as well as the costs of returning the same to KingoFood and the costs of custody, as well as any products deteriorating due to storage and / or transport. The termination of the contract and the amount of the refund will be communicated to the user by e-mail. The refund amount will be credited only by means of payment used by the user for the purchase. In the event that, before the expiration of the thirty days, the user requests to receive the purchased product again, KingoFood will proceed with the new delivery after charging, in addition to the costs of the same, the costs of returning the product to KingoFood and the costs of custody. as well as any costs of products deteriorating due to stock and / or transportation.
It is up to the recipient to check the condition of the delivered product. In the event that the package shows signs of breakage, beating, tampering and / or alteration, the user is invited to accept the package from the courier with "CHECK RESERVE". If inside there are damaged goods, please notify the KingoFood Customer Service promptly by e-mail at [email protected]
In the communication it will be necessary to list the damaged products, attach the courier's delivery slip with the words "ACCEPTED WITH RESERVE OF CONTROL" and, where possible, attach photographic evidence of the damaged material. If the package is accepted without "RESERVE OF CONTROL" it will not be possible in any way to proceed against the courier and therefore we will not be able to return the damaged goods.
34. The user who has purchased products through the Site has the right to withdraw from the contract concluded with KingoFood, without any penalty and without specifying the reason, within 10 working days from the date of receipt of the goods, unless otherwise specified. The withdrawal must be exercised by registered letter with acknowledgment of receipt sent to KingoFood, to the following address:
CR Online Shop S.n.c. by Nicola Cini & C., 129 / B, 52047 Marciano della Chiana (AR), Italy.
The withdrawal may be anticipated, within the term of 10 days indicated above, also by fax or e-mail to the email address: [email protected] provided that the notice of withdrawal is confirmed by registered letter with acknowledgment of receipt by 48 hours later.
35. The user must send the purchased products, suitably packaged in their original packaging, accompanied by any accessories, using a carrier of his choice and at his own expense, within 10 working days from the date of receipt of the goods.
36. Please send the products exclusively to our logistics service with the following indication:
CR Online Shop S.n.c. by Nicola Cini & C., 19, 52047 Marciano della Chiana (AR), Italy
For any information please contact: [email protected] the customer service will arrange the collection of the returned goods in the event of a request by the user.
37. Pursuant to art. 67, paragraph II, of the Consumer Code, the substantial integrity of the product to be returned constitutes a necessary condition for exercising the right of withdrawal. The products must not have been damaged and / or altered, therefore, in the case of perishable products (stored at a controlled temperature) it will be the customer's responsibility to ensure the correct temperature is maintained, otherwise KingoFood will not be able to refund (in how much the goods will be compromised.
38. In order to exercise the right of withdrawal, the goods to be returned are not required to be insured against theft and accidental damage from transport. However, since the risk inherent in returning the goods weighs on the buyer, KingoFood invites the buyer who intends to exercise the right of withdrawal to insure, at his own expense, the shipment for the value indicated in the order confirmation e-mail. of purchase.
39. In accordance with art. 67, paragraph IV, of the Consumer Code, KingoFood will proceed, as soon as possible, to reimburse the sums only after the return of the product and only after verifying the fulfillment of points 34, 35, 36, 37, 38 above. paid by the user. The refund amount will be communicated by e-mail and credited on the same payment method used for the purchase or by bank transfer. The value date of the refunded amount will be the same as the debit date. The user's ability to subscribe to current commercial offers remains unaffected.
40. Pursuant to art. 55 of the Consumer Code, the right of withdrawal is excluded in the event that the sale relates to products made to measure or customized or which by their nature cannot be returned or are liable to deteriorate or expire rapidly (eg foodstuffs, cosmetics , flowers, etc.). Despite this, KingoFood offers the possibility of withdrawal for perishable food products under the following conditions:
40.1. The customer has the right to withdraw from the purchase of fresh goods at risk of perishability if he has collected the package on the first delivery attempt by the courier. In case of non-delivery due to the absence of the recipient at the specified address - at the first passage of the courier - the right of withdrawal lapses.
40.2. The customer has the right to withdraw from the purchase of fresh goods at risk of perishability if at the time of opening the package the product is altered or does not have the characteristics specified at the time of purchase.
40.3 The right of withdrawal for products at risk of deterioration may be exercised by sending, within 24 hours of receipt of the goods, a written communication via our e-mail service at [email protected] The communication must indicate the description of the products to be returned and the relative alteration.
40.4. KingoFood reserves the right to evaluate the actual deterioration of the fresh product upon return. If the existence of the alteration is not found, the customer will be notified and the price paid will not be refunded.
41. Payment for products purchased on the Site is made by credit card, PayPal, bank transfer or cash on delivery. KingoFood accepts the main credit cards (i.e. VISA, MASTERCARD, AMERICAN EXPRESS circuits) whose payments will be processed through a secure server-to-server connection using the SSL (Secure Sockets Layer) protocol with 256-bit encryption.
42. At the time of order transmission, no charge will be made on the credit card used by the user for payment. The charge will be made only after:
42.1. the data of the credit card used by the user for payment have been verified;
42.2. the issuer of the credit card used by the user will have issued the debit authorization.
43. The invoice will be issued automatically with each purchase. On the occasion of the first purchase, the user will be asked to communicate the data for the header of the receipt. He may subsequently modify such data. The invoice for each purchase will be available in the Profile - Orders section, and will be sent by email to your registration address.
44. In case of non-payment, KingoFood will charge the costs related to the management of the outstanding payment to the user and will reject the relative purchase order, communicating it by e-mail., KingoFood reserves the right not to accept at its own exclusive discretion some payment methods.
Guarantees and non-conformity of products
45. The products offered on the Site comply with the national and community legislation in force in Italy.
46. The description of the products offered on the Site is the one that the suppliers, under their own responsibility, have communicated to KingoFood. The images and colors of the products published on the Site may differ from the real ones due to the local settings of the systems and / or the tools used for their display. KingoFood is not responsible for the mismatch between the ordered product and the description of the product present on the Site, in the event that the mismatch derives from errors in the description attributable to the supplier and of which KingoFood was not and could not be aware of the use of normal diligence.
47. All products sold on the Site are covered by the Legal Guarantee of Conformity provided for by articles 128-135 of the Consumer Code ("Legal Guarantee"). The Legal Guarantee is reserved for consumers.
48. In case of lack of conformity of the purchased products with respect to the description published on the Site, the user has the right to repair or replace the product, without any additional cost, where this is possible in relation to the number of copies still available for the sale and unless the replacement or repair is not excessively burdensome for the seller in consideration of the value that the goods would have, if there were no lack of conformity, and the extent of this defect. Alternatively, the user has the right to terminate the contract or to reduce the price, in accordance with the following provisions.
49. The seller is liable to the consumer for any lack of conformity existing at the time of delivery of the product and which occurs within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.
50. Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the product already existed on that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the lack of conformity . In order to take advantage of the Legal Guarantee, the user must therefore provide proof of the date of purchase and delivery of the goods
51. In case of termination of the contract, KingoFood will refund the price paid by the user, in addition to the shipping costs and any additional costs. In the event of a price reduction, KingoFood will refund the amount of the reduction previously agreed with the user. In any case, the amount of the refund will be communicated to the user by e-mail and credited only by means of payment used by the user for the purchase. The user will have to agree with the Client Service i of KingoFood the methods of shipping the goods.
52. Products repaired, modified or altered in any way by the user are excluded from the Legal Guarantee. Also excluded from the scope of the Legal Guarantee are any breakdowns or malfunctions or defects of any other type caused by accidental events or by the user's responsibility or by a use of the product that does not comply with its intended use and / or as provided in the documentation. technique attached to the product, if any, or in the instructions for use relating to the same. The warranty is personal and will therefore only apply to the original purchaser.
53. KingoFood is not responsible, neither towards third parties nor towards the customer, for any damage or loss of what it sold and which occurred due to manufacturing defects. Under the terms of the warranty, these responsibilities are the sole responsibility of the manufacturer.
54. The conventional guarantees relating to the products sold are those provided directly by the manufacturer.
55. In no case will KingoFood be held responsible for the non-fulfillment of any of the obligations deriving from these General Conditions in the event that the non-fulfillment is caused by unforeseeable circumstances and / or force majeure, including, by way of merely by way of example, natural disasters, terrorist acts, network malfunctions and / or blackouts.
KingoFood's Obligations and Responsibilities
56. KingoFood undertakes to correct all errors in the description of the products offered on the Site, in the shortest possible time, starting from the notification of the same. The reporting of such errors can be made by contacting KingoFood Customer Service at the addresses indicated in the introduction.
57. KingoFood is not responsible in case of damages, of any kind, deriving from the use of the product in an improper way and / or not in compliance with the instructions provided by the manufacturer as well as in case of damages deriving from unforeseeable circumstances or force majeure.
58. KingoFood will not be liable in the event of loss of revenues, profits, data or any other indirect damage of any nature deriving from or otherwise connected to contracts subject to the General Conditions.
59. KingoFood's liability, in any case, cannot exceed the total value of the purchase order.
60. In no case will KingoFood be held responsible for the non-fulfillment of any of the obligations deriving from the contracts subject to the General Conditions in the event that the non-fulfillment is caused by unforeseeable circumstances and / or force majeure, including, by way of example only, natural disasters, terrorist acts, network malfunctions and / or blackouts.
Suspension of the Service
61. KingoFood reserves the right to temporarily suspend, without any prior communication, the provision of the Services for the time strictly necessary for the technical interventions necessary and / or appropriate to improve the quality of the same Services.
62. KingoFood may, at any time, interrupt the provision of the Service if there are justified reasons of security or breaches of confidentiality, in this case notifying the user.
Site Contents and Intellectual Property Rights
63. The contents of KingoFood, such as, by way of example, the works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, published on the Site, including menus, web pages, graphics, colors, schemes, tools, fonts and website design, diagrams, layouts, methods, processes, functions and software are protected by copyright and any other intellectual property right of KingoFood and other rights holders. It is forbidden to reproduce, modify, duplicate, copy, distribute, sell or otherwise exploit the images, contents of the Site unless previously authorized in writing by KingoFood. Any use of the contents of the Site for commercial and / or advertising purposes is also prohibited.
64. All other distinctive signs that distinguish the products sold on the Site are registered trademarks of their respective owners and are used by KingoFood by virtue of authorization, for the sole purpose of distinguishing, describing and advertising the products for sale on the Site. Any use of the signs badges mentioned above does not comply with the law and, as unauthorized, is prohibited. It is in no way permitted to use any distinctive sign on the Site to take unfair advantage of the distinctive character or reputation of these or in such a way as to harm them and their owners.
65. Under no circumstances may the user alter, change, modify or adapt the Site or the material made available by KingoFood.
Coupons gift and discount coupons
66. KingoFood offers the possibility, at its sole discretion, to registered users to receive gift vouchers and / or discount vouchers, hereinafter referred to as "Coupons / o". Coupons can be granted, by way of example and not limited to, at the time of registration, following the registration of a friend invited by the user.
67. The validity and value of the Coupons are specified at the time of issue of the Coupons themselves. In the case of Coupons offered by KingoFood in correspondence with a specific offer, these Coupons cannot be used for other offers.
68. Vouchers are not transferable, assignable or transferable. Coupons are not redeemable for cash nor do they accrue interest.
69. Vouchers cannot be used to pay shipping costs.
70. Vouchers cannot be used to purchase Giftcards.
71. KingoFood reserves the right not to accept Vouchers for orders of less than a minimum amount specified at the same time as the Vouchers are issued.
72. In the event that the amount of the Coupons exceeds the purchase amount, KingoFood will not refund or re-credit the remaining amount to the user.
73. In the event that the user's order exceeds the value of the Coupons, the difference in amount can be paid by the user using the normal means of payment referred to in the previous section 41, 42, 43, 44.
74. KingoFood reserves the right to accept only one Voucher per order.
75. In case of returns the Coupons will not be refundable.
76. KingoFood reserves the right to revoke the Coupons in case of fraudulent activity by the user. By way of example and not limited to, making false invitations, violating the KingoFood Terms and Conditions.
77. KingoFood reserves the right to change the conditions relating to the Coupons at any time and without notice such as, by way of example and not limited to, possibility of use, expiry dates.
Final provisions, applicable law and competent court
78. The General Conditions are governed by Italian law
79. For any dispute concerning the General Conditions, the court of the place indicated by the user as his residence or domicile will be competent, if located in the territory of the Italian State.