Countries & Conditions

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Countries with a distributor

TERMS AND CONDITIONS
Ricciarda Corallo Unipessoal Lda.
VAT number: 516602144 - Camera Commercio: 1835

1. DEFINITIONS

1.  Contract: any agreement whereby the seller agrees to sell goods.
2. Customer: the individual that buys goods exclusively for non-commercial use.
3. Distance contract: a contract whereby sole use is made of one or more techniques for distance communication within the framework of a system organized by the seller for the distance sale of products up to and including the moment that the contract is concluded.
4. Electronic logs: the means that enables the customer or seller to store information that is addressed to him in person in a way that facilitates future consultation and unaltered reproduction of the stored information.
5. Right of withdrawal: the possibility for the customer to withdraw from the distance contract within the withdrawal period.
6. Seller: Ricciarda Corallo Unipessoal Lda. VAT number: 516602144 - Camera Commercio: 1835., including its successors and legal assigns.
7. Technique for distance communication: the means that can be used for concluding a contract, without the customer and seller being in the same place at the same time.
8. Website means: www.claudiocoralloshop.com.
9. Withdrawal period: the period within which the customer can make use of his right of withdrawal.

2. IDENTITY OF THE SELLER

1. Name seller:
   Ricciarda Corallo Unipessoal Lda.
2. VAT number: 516602144 - Camera Commercio: 1835

3. APPLICABILITY

1. These general terms and conditions apply to every offer made by the seller and to every distance contract that is realised between the seller and a customer. These general terms and conditions are available in the English language only.
2. Prior to the conclusion of a distance contract, the text of these general terms and conditions will be made available to the customer. If this is not reasonably possible, the seller will indicate, before the distance contract is concluded, that the general terms and conditions are available for inspection at the seller's premises and that they will be sent free of charge to the customer as quickly as possible at the customer's request. The general conditions can also be seen on www.claudiocoralloshop.com.
3. If these general terms and conditions are accompanied by specific terms, the general terms and conditions above also apply to such specific terms. In case of discrepancies between the general terms and conditions and the specific terms, the provisions of the specific terms will prevail over the general terms and conditions, unless otherwise stated.
4. No deviation from the contents of the general terms and conditions is possible unless agreed upon in writing. Deviation from one of the articles of the present general terms and conditions will not affect the other articles of the general terms and conditions.
5. The customer's general terms and conditions will not apply, unless specifically agreed upon in writing by the seller.
6. The seller may adapt or complete these general terms and conditions at any moment. Changes will apply to all future orders.
7. By using the website and/or placing an order, the customer accepts these general terms and conditions and all rights and obligations mentioned on the website.
8. The customer confirms to be at least 18 years of age and to have legal capacity to enter into a contract when placing an order through the website. If this is not the case, he can only place an order on the website under the supervision and with the approval of his parents or guardian.
9. The seller reserves the right (at its sole discretion) to rescind the agreement unilaterally if it should become apparent that the customer is under 18 years of age and/or lacks legal capacity or if this could reasonably be assumed.
10. To the extent that any of the products sold contain alcohol, the customer, by placing an order, confirms that he meets the minimum age requirements for the purchase of alcoholic beverages in all relevant jurisdictions.

4. THE OFFER

1. An offer for the sale of goods is valid for as long as such offer is displayed on the website and as long as stock lasts.
2. All information, images, explanation, etc. regarding offers and the essential characteristics of goods which are published on the website and offered by phone or e-mail are as accurate as possible. The seller shall not be responsible for discrepancies between information, explanation, images, etc. and the actual goods.
3.  PO Box addresses and APO military addresses are not accepted as delivery addresses.
4. Orders can only be accepted if the delivery address is located in one of the following countries:

• • Belgium;
• • Luxembourg;
• • The Netherlands;
• • in such other countries as indicated on the website.

5. THE CONTRACT

1. Subject to the other provisions of this article, the contract will be concluded at the moment at which the customer accepts the seller's offer and the conditions applying to the offer have been fulfilled.
2. The customer and the seller agree that a contract can be concluded between them by way of electronic communication. The absence of a written signature does not affect the binding power of the offer and acceptance. The seller's electronic logs will serve, to the extent permitted by law, as proof.
3. The distance contract is entered into as from the time that the order confirmation is sent to the customer or, if the offer is made through the website, as of reception of the confirmation e-mail by the customer at the e-mail address indicated by the customer.
4. If the customer has accepted the offer by electronic means, the seller will immediately confirm receipt of acceptance of the offer by electronic means. The customer can dissolve the contract as long as this acceptance has not been confirmed by the seller.
5. If the contract is concluded electronically, the seller will take suitable technical and organisational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the customer is able to pay electronically, the seller will take suitable security measures.
6. The seller may obtain information – to the extent permitted by law – about the customer's ability to fulfil his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. On the basis of the outcome of this information, the seller has the right to reject an order or to impose special conditions.

6. RIGHT OF WITHDRAWAL

1. Subject to Article 8, a customer can dissolve a contract, without giving reasons during a period of fourteen days, commencing one day after the day on which the product was received by the customer or its representative.
2. During this period the customer will treat the product and its packaging with care. He will only unpack or use the product as far as necessary in order to be able to assess whether he wishes to retain the product.
3. If the customer wishes to exercise his right of withdrawal, then he will return the product to the seller, with all associated components, and – in as far as this is reasonably possible – in the original state and packaging, in accordance with the reasonable and clear instructions that were provided by the seller.
4. In order to make use of his right of withdrawal, the customer will act in accordance with the reasonable and clear instructions provided by the seller.

7. COSTS IN CASE OF WITHDRAWAL

1. If a customer makes use of his right of withdrawal, he shall be responsible for the costs of returning the goods.
2. The seller will refund any purchase price paid as quickly as possible, but at the latest within 30 days after the goods were returned.
3. The costs for the shipping of the order will not be reimbursed to the client. If shipping was included in the purchase price, the seller can deduct the shipping costs from the purchase price to be reimbursed to the customer.

8. EXCLUSION FROM RIGHT OF WITHDRAWAL

1. The seller can in the circumstances described in paragraph 2 of this Article exclude the customer's right of withdrawal. Such exclusion is only valid if the seller clearly stated this when making the offer, or at least in good time prior to conclusion of the contract.
2. Exclusion from the right of withdrawal is only possible for products:

• • that have been created by the seller in accordance with the customer's specifications;
• • that are clearly personal in nature;
• • that cannot be returned due to their nature (such as the perishable nature of food products);
• • that rapidly decay or become obsolete; or
• • the price of which is subject to fluctuations on the financial market over which the seller has no influence.

9. PRICE

1. In respect of customers within the European Union, all prices are in euros and include VAT or other taxes enacted by the authorities. For customers outside the European Union, some taxes may exceptionally be added to the price of the goods. If this is the case, it will be explicitly stated before the conclusion of the contract.
2. The customer will be charged in the currency in which it places the order.
3. Special offers are valid as long as stocks last.
4. Prices are those mentioned by the seller in its order confirmation. Obvious mistakes in prices or evidently incorrect prices may be corrected by the seller at any given time, even after the conclusion of the contract.
5. All costs for delivery and return are clearly indicated to the customer. Certain payment methods may include specific terms related to delivery and costs. These will be mentioned to the customer.

10. PAYMENT

1. The following payment methods are accepted by the seller for orders placed through the website: Paypal/Credit Card
   The seller may offer other payment methods from time to time, which will be displayed on the website.
2. In order to ensure the safety of the customer's online payment and the customer's personal data, all transactions are encrypted with SSL technology. The customer does not need specific software to pay with SSL. The customer will recognize the SSL connection through the lock in the bottom status bar of your browser.
3. If you have chosen to pay by credit card, additional terms of use of the credit card issuer might apply. The seller is not a party to the customer's relationship with the credit card issuer.
4. Payment shall be made in accordance with the terms of the offer. The customer has no right to require performance of the contract before payment for the goods has been made.
5. The customer has the duty to report inaccuracies of information provided during the ordering process to the seller.
6. In case of non-payment, the seller has the right to charge reasonable costs and delay interest to the customer.

11. DELIVERY

1. Orders are delivered as soon as possible and the seller shall attempt delivery within 3 working days (or such other number of working days as indicated on the website for sales to particular countries). Unless agreed upon otherwise, the maximum delivery time is [fourteen (14)] days from the order, with the exception of payments by bank transfer in which case the delivery time is fourteen (14) days from receipt of payment.
2. If the seller has not delivered within fourteen (14) days, the seller will provide a full refund to the customer that covers the full costs of delivery and the value of the goods.
3. For all orders for goods that are temporarily out of stock, the seller will contact the customer and inform them of the estimated time until the goods will be on stock again. The seller shall use its reasonable endeavours to contact the customer within three (3) working days by telephone or e-mail to warn him of any delays.
4. In case of force majeure, the seller can postpone the execution of the customer order or to terminate the contract without judicial intervention, by notifying the customer in writing.
5. Delivery will be made to the address notified by the customer to the seller in his order.
6. The customer or any other person is required to be present at delivery of goods at the address indicated by the customer.
7. The seller is not responsible for failed deliveries when (a) the customer provides an incorrect or outdated address and the customer does not promptly (but within 24 hours after having made the order) provide a corrected or new delivery address, or (b) no one is at home at the address of delivery indicated by the customer.
8. If the transportation company is forced to return an order to the seller for any of the above reasons, the seller will be free to rescind the contract with immediate effect and without any judicial intervention or to suspend any (future) delivery. Unless the goods were manufactured according to customer's specifications, in which case no refund will be made, the product price already paid will be refunded.
9. In any event, the customer will be charged for the shipping and handling as well as [20] Euro for the return and cancellation fee, in addition to any damages that the seller could claim. The seller will however resend the goods to a new address at the customer's request, if the customer agrees to pay the shipping and handling charge a second time and if he provided a corrected/new delivery address within 24 hours after the goods were returned.

12. RETENTION OF TITLE

1. Notwithstanding the actual delivery, the seller remains the legal owner of all goods until the moment of full payment, including payment of all interests and costs.
2. The customer shall not sell, rent out, donate, or in any way transfer all or part of the goods as long as he does not have full property rights.

13. WARRANTY

1. The seller guarantees that the products fulfil the specifications stated in the offer, the reasonable requirements of reliability and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded.
2. Goods sold by the seller are food products. The seller does its best to ensure correct and safe delivery, with respect for the freshness of the products, but it can give no guarantee as to the quality of transport and its impact on the goods.
3. The customer shall in respect or will have inspected all goods immediately upon delivery. Any complaints concerning defects to the goods or delivery shortcomings (e.g. products are not fresh or were damaged in transport) shall be immediately notified by the customer by phone or e-mail to the seller and no later than within 24 hours after delivery.
4. The seller has no liability if any recommendations to the seller given did not achieve the desired result.

14. LIABILITY

1. The seller may include in its website links to other websites that contain content that might be interesting or useful to the visitor. Such links are purely informational. The seller shall not be liable for the content of the websites to which it links or for the use of these websites.
2. The seller's total liability for breach does in no event exceed the purchase price of the goods.
3. The delivery of goods by the seller to the customer is subject to the legal guarantees. Notwithstanding the above, no guarantee can be given under the following circumstances:

• • if the goods have deteriorated due to negligence of the customer;
• • if any changes have been made to the goods;
• • if the original invoice is no longer available or has been changed or made impossible to read; and
• • if the goods have been used in any way that does not correspond to their purpose.

15. INTELLECTUAL PROPERTY

1. The customer acknowledges and accepts that all intellectual property rights in respect of published information, statements or other communication regarding the goods and/or the website are and remain property of the seller and its suppliers or third-party right holders.
2. Intellectual property rights include amongst others patents, copyrights, trademark, drawings and models and/or any other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts, even if these are not subject to patent protection.
3. The customer shall not use and/or change any of the intellectual property rights as described in the present article, including reproduction without prior authorization by the seller, its suppliers or third-party right holders.

16. DISPUTES

1. Contracts entered into between a seller and a customer and which are subject to these general terms and conditions are subject to Dutch law. The application of the International Sale of Goods Treaty (Vienna Convention) is explicitly excluded.
2. Disputes between a customer and a seller in respect of a contract shall be brought before the competent court in Amsterdam, The Netherlands.

17. CUSTOMER DETAILS

1. All information provided by the customer will be treated with discretion. The information will not be made available to third parties or used for other purposes. The specified information will only be used in the administration of the seller.
2. On the website, data of general visitors are maintained, without the possibility that individuals can be traced. It involves tracking data to optimize the website and with the aim of establishment the most consulted pages or products.
3. No customer information will be disclosed to third parties unless the operator is required to do so under mandatory legal rules.

18. SEVERABILITY

1. If one or more provisions of these terms and conditions are held invalid or declared as such by application of a law or a regulation, or following a final decision from a competent court, this shall not affect the validity of the other provisions.

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DISCLAIMER
The content of the sections on this web shop is for informational purposes only.
Before using the products you bought in this web shop always carefully read the information on the packaging.
The seller accepts no liability resulting from improper use of, or negligence or damage caused directly or indirectly by the products.
The seller is not liable for any damages resulting from inaccuracies and/or omissions on its website.
The information provided on this website may not be used for commercial purposes or in any other manner, without the prior written consent of the seller.