Terms and Conditions of sale

1. General terms and conditions

These general terms and conditions of sale (“General Conditions“) apply to the purchase of products and services made available on line through Internet on the website augustoitalianfood.com  (“Website”) according to the Italian regulation d.lgs 206/2005 and later variations and additions (“Code”).

The seller and website owner is XQ Food SRL with legal headquarters in Via Ortigara 13, 44121 Ferrara, CF/PI 01935700383, registered at the Registro delle imprese di Ferrara, REA Number: 211396- e-mail address: This email address is being protected from spambots. You need JavaScript enabled to view it. (“XQ Food”).

The client using the website to purchase items (“Client”) before placing an order is required to carefully read these General Conditions that are available on the Website and that will be available for the Client to check, read and memorise anytime, also using the link provided in the order’s confirmation e-mail.

Should the customer need an invoice and/or shouldn’t he/she be a “consumer or user” as defined in the art. 3, subparagraph 1, letter a) of the Consumer’s code, the right of withdrawal exemplified in the art. 7 and 8 of these General Conditions cannot be applied. More in general, all other conditions and warranties, statutory or otherwise and whether expressed or implied are hereby excluded, and no guarantee, other than that expressly herein contained should be applied except than to the consumers to whom “the consumer code/the consumer law” may concern.

The contracts agreed on with XQ Food through the website are regulated by these General Conditions according to Italian laws. English is available to stipulate contracts.

2. How to choose and order products

The products’ characteristics and price (“Products” or “Product”) are indicated in the page relevant to each Product.

In order to buy Products, the Client will need to fill in an online form and send it following the instructions available on the Website. The Client will have to add the Product to the “Cart” and, once read the General Conditions and the Privacy Policy and after having confirmed their acceptance, will have to add the shipment details and invoice information, if needed, select the way of payment and confirm the order.

By sending an order through the Website a contract is drafted; the Client acknowledges and declares having read all instructions provided during the purchase process and fully accepts these General Conditions.

The contract between XQ Food and the Client has to be considered concluded when XQ Food accepts the order. These acceptance is communicated to the Client through an e-mail confirming the order which includes a link to these General Conditions, the order number, the shipment and invoicing details, a list of the Products ordered with a short description and the total amount to pay including the delivery fees. Once the contract concluded, XQ Food will process the purchase order and the client will be able to check the orders by accessing his/her profile and the relevant section.

Once the order received, XQ Food will verify if the products are available in stock in order to process the request. Shouldn’t one or more Products be available, the XQ Food customer service will promptly inform the Client via e-mail. The client will have the opportunity to confirm the order for the available product or to totally cancel the purchase within the following 12 hours. Shouldn’t the Client answer within 12 hours, the order will be considered confirmed and the available Products will be shipped. In this case, the Client will not be charged for the missing Products or the cards won’t be debited depending on the method of payment.

3. Product information

The Products’ information and characteristics are available on the Website.

The Products’ visual representation on the Website, where available, usually corresponds to the photographic image that accompanies the Product data sheet. The images of the Products have the purpose of presenting them and may not be representative of their characteristics and qualities; they may differ in size and colour. Should the image differ from the written product description, the written description has to be trusted.

4. Prices and deliveries

There isn’t a minimum order purchase amount. All prices are in Euros and include taxes.

Delivery to Italy:

For parcels below 10 kilos there is a delivery charge of 6 Euros.

For parcels above 10 kilos there is a delivery charge of 10 Euros.

Deliveries are free all over Italy for orders above 69 Euros.

Delivery to Europe:

Deliveries are free in all European countries for orders above 115 Euros.

Delivery charges can be checked here. They vary from country to country and according to weight.

The above-mentioned fees will be shown to the client before the transaction confirmation. When the Client selects the destination country, the delivery fees will be automatically updated.

5. Payment and Invoicing

        5.1 Peyment methods

The Client can pay the Products and the delivery fees using credit cards, Paypal, bank transfer, pre-paid cards, cash on delivery (Italy only).

Credit Cards

AuGusto accepts the following credit cards:

  • Visa / Visa Electron
  • Mastercard / Maestro
  • American Express
  • Aura
  • Discover

The website doesn’t retain the credit card details. No extra fees are requested for credit card transactions.

PayPal

Once your order confirmed, you will be redirected to the Paypal website where you will be able to complete your payment using your account or by card, even pre-paid, or as allowed by PayPal and following their terms and conditions.

Bank Transfer

Bank transfers must be received within 3 days since placing the order. If no bank transfer is received within this timeframe the order will be cancelled. You may be contacted by one of our customer care representatives in order to clarify whether you want to cancel your order.

Bank details:

Beneficiary: XQ FOOD SRL

IBAN: IT 36J0565266780CC0190003480
BIC/SWIFT: SFSPIT22

Bank: BANCA POPOLARE SANFELICE 1893

In the bank transfer reference you will need to indicate the date and order number as specified in the confirmation e-mail and the client’s name and surname (example: “Ordine 15/05/15 n. 100010001, Mario Rossi”)

Cash on delivery

This method of payment is only available for deliveries within Italy and only for orders below 516 Euros. The payment is cash only and will be completed upon receiving the items. For cash on delivery payments, the Client has to pay a delivery fee of 5 Euros.

        5.2 Invoices

If the Client is a company or a VTA registered professional invoices can be requested by ticking a box during the order process and by adding the invoicing details with codice fiscale (Italy) and/or partita IVA. In this case, the invoice will be e-mailed. The registered professional is responsible for the correctness of the data and is informed that, shouldn’t the invoice be requested upon placing the order, it can’t be requested later.

6. Shopping and delivery

The Products bought on the Website will be delivered to the address the Client has indicated in the form during the purchase process.

All items will be delivered by courier (“Courier”) from Monday to Friday, excluding public holidays. XQ Food is not responsible for unforeseen delays or delays out of XQ Food’s control.

Once the Products have shipped, the Client will receive a confirmation e-mail including a link to the courier tracking details.

The Products will be delivered to the Client within 7 (seven) days of issue of the XQ Food confirmation email unless delivery is prevented or delayed due to force majeure events or circumstances beyond XQ Food's control. The 7 (seven) day timeframe applies for delivery to Italy only.

 

Delivery services available in Italy:

Express Box, Poste Italiane SDA.

The service includes 2 delivery attempts to the address the Client provided upon placing the order. After the second unsuccessful attempt, the parcel will be kept for 3 working days at the Courier’s facilities. During these 3 days, the Client can contact the Courier directly and schedule the delivery or modify the delivery address. From the 4th day and for the subsequent 7 working days (Saturdays included), the parcel will be kept for free at the local post office. The Client will receive all information about the location of the post office in the notice the Courier will leave in the mailbox and via e-mail. In any case it is the Client’s responsibility to contact Poste Italiane SDA about any updates or changes in the above-described procedure.

Delivery services available in Europe:

Road Europe, Poste Italiane SDA.

The service includes 2 delivery attempts to the address the Client provided upon placing the order. After the second unsuccessful attempt, the parcel will be kept for 10 working days at the Courier’s facilities. During these 10 days, the Client can contact the Courier directly and schedule the delivery or modify the delivery address.

7. Right to cancel and return 

The Client has the right to cancel and return the order without any need to explain the reasons and without any penalties, except in the circumstances illustrated below (IV). In order to return the Products, the Client has to inform XQ Food within 14 days from receipt of the goods; should the Client want to cancel the order before receiving the Products, the cancellation can be notified to XQ Food anytime before receiving the Products.

This notification has to be sent by signed for mail to the following address:

XQ Food S.r.l.
Via Ortigara 13
44121 Ferrara

Once the communication received the customer service will open a procedure for the Products’ return and the Client will be given instructions about how to return the Products that must be sent by Courier as specified by XQ Food.

The right to cancel an order and return items is regulated by the following terms and conditions:

I. The right of cancellation applies to the Product in its entirety. For this reason, should the Product be made of more items or parts, it won’t be possible to apply the right to cancel on parts of the purchased Product.

II. Should the Client want to return the Products, a refund for the Products and the standard delivery charge (if applicable) will be issued by XQ Food within 14 day from the receipt of the Client’s return/cancellation notification. XQ Food will not process any refund before the returned Products have been received. The refund will be made using the same payment method the Client used to buy the Products, unless the Client specifies a different refund method. For bank transfers, the Client has the responsibility to supply the bank details (beneficiary name, bank’s address and IBAN).

III. In order to guarantee a free return according to the following article 8, the Products must be returned in the same box they were delivered.

IV. Apart from the above-mentioned cases (client that is not a consumer and/or needing an invoice), no returns will be accepted in the following cases, according to the art. 59 d.lgs 21/2014:

-          Custom made or personalized items;

-          Sealed Products that are not suitable to be returned for health and safety reasons or Products opened after delivery;

-          Products damaged for reasons not depending on transport

Should the right to return not apply, XQ Food will resend the Products to the Client and the Client will be charged with applicable shipping and delivery fees.

8. Free returns

Should the Client decide to return the Products, XQ will take care of the shipping costs.

In order to have the benefit of returning the Products free of charge, the Client wishing to return an order, will need to follow the procedure explained above (art. 7) and wait to be contacted by XQ Food to agree on returning the Products by Courier. 

9. Warranty and lack of conformy

In case of lack of conformity in Products sold by XQ Food, the Client has to promptly notify the customer service by using the contact form.

Legal warranties established in the articles 129, 130, and 132 of the Consumer’s code are applied to the sale of Products. If the type of Product allows it, the Client is entitled to have a free repair or replacement of the Product or an adequate price reduction or resolution of contract. The Client has no right if he/she fails to inform XQ Food about the Product’s lack of conformity within 2 months from the day the fault has been discovered, unless the Product is perishable or expires rapidly. In this case, the fault has to be notified at shorter notice.

10. Errors and limitation of liability

The descriptions of the Products on the Website are constantly updated. However it is not possible to guarantee that the Product sheets are absolutely free from error. For this reason XQ Food cannot be considered liable, except in case of intentional fault and serious misconduct.

XQ Food reserves the right to correct mistakes, inaccuracies and omissions also after an order has been shipped, or to modify or update the information anytime without prior notification, without prejudice to the Clients’ rights under these Terms and Conditions and Consumer’s Code.

Except in case of intentional fault or serious misconduct, for the Client it is excluded any right to claim for damages or compensation, as well as any contractual or non-contractual responsibility for any direct or indirect damage to people or things, caused by the non-acceptance or non-completion, also partially, of an order.

XQ Food recommends moderate and responsible alcohol consumption and is not liable in case of purchase made by under-18s, except in case of intentional fault or serious misconduct.

11. Complaints

All complaints have to be sent to XQ Food using the contact form or by signed for mail to the following address:

XQ Food S.r.l.
Via Ortigara 13
44121 Ferrara

XQ Food undertakes to respond to all requests within maximum 7 working days.

12. Applicable law and competent court

The sale contract between the Client and XQ Food is considered as concluded in Italy and regulated by Italian law. In order to solve any disputes regarding the interpretation, execution or termination of these Terms and Conditions or of sale orders should the Client be a consumer as described in the Consumer’s Code, the competent court will be the one of the Client’s town of residence, should the Client be resident in Italy; in all the other cases, the territorial jurisdiction belongs to Ferrara’s Court. Any other competent court is excluded.

***

Under article 1341 c.c. the Client declares having read and accepts specifically the following articles of the General Terms and Conditions: 6 (responsibilities for delayed delivery), 10 (discretion to correct errors- limitations of liability).

 

 

 

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