General Terms and Conditions of Online Sale – Private Consumer Customers

1. Scope of Application and Definitions

These General Terms and Conditions of Sale (GTCS) govern the sale of food products under the “Don’t call me base” brand carried out in Italy by Blue River srl (hereinafter also the “Seller” or the “Supplier”) to Customers who purchase the products from the website www.dontcallmebase.com.

For further information on purchase methods, on the technical steps for concluding the contract, on the methods of storing the order, on the technical means for identifying and correcting data entry errors, on the languages available for concluding the contract and on the tools for accessing and consulting the contractual conditions, please refer to the “***” page or the “FAQ” section of the website.

The following definitions apply to the GTCS, without prejudice to the provisions of Legislative Decree 70/2003 and Legislative Decree 206/2005 (Italian Consumer Code):

• Producer or Supplier: Blue River SRL with registered office in piazza Garibadli 2, Colico, VAT no./Tax Code 03390960130, registered with the Lecco Register of Companies under REA no. 315334, certified e-mail (PEC) blueriversrl@legalmail.it, e-mail info@dontcallmebase.com
• Customer or Consumer: the natural person who purchases the Products on the Site acting for purposes unrelated to any business, commercial, craft or professional activity carried out (pursuant to Article 3, paragraph 1, letter a, of the Italian Consumer Code)
• Product(s): all pre-packaged food products (including beverages, fresh and/or pre-cooked products, wrapped or packaged, perishable and non-perishable), subject to an expiry date or best-before date, offered for sale on the Site and bearing the mandatory label information prepared by the Seller in its capacity as producer of the Products
• Contract: the contract of sale concluded at a distance through the Site between the Seller and the Consumer, in accordance with the technical steps for submitting, receiving and confirming the order set out in these GTCS and on the information page of the Site dedicated to purchase methods and conclusion of the contract.
• Withdrawal: the right of withdrawal, or right to change one’s mind, is the Consumer’s right to unilaterally terminate the purchase contract concluded at a distance or off-premises, as governed by Articles 52 et seq. of the Italian Consumer Code and in accordance with the methods, terms and information made available on the Site and in these GTCS.

2. Product Information and Availability

Each Product is provided with a label.

The information made available on the label can be consulted by the Consumer before submitting the order and remains accessible afterwards through the consultation tools available on the Site, so as to allow the Consumer to verify at any time the content of the conditions applicable to the individual Product.

Product images are for illustrative purposes only; the packaging or visual appearance may undergo minor variations decided by the Seller (e.g. graphics, formats or ancillary wording) which do not affect the quantity, quality, safety, ingredients, allergens, expiry date or best-before date, nor the other essential characteristics of the Product, for which the information on the label shall in any case prevail, nor the substantial conformity of the Product with what is described on the Site.

With regard to ingredients, allergens, nutritional values, storage methods and expiry dates or best-before dates, the information shown on the label by the Seller in its capacity as producer of the Products shall prevail; the Seller is liable for any errors or omissions on the label, without prejudice to the obligation to update the Site with reasonable promptness once it becomes aware of such discrepancies.

Before submitting the order electronically, the Consumer is invited to carefully check the data entered and the information displayed in the Product sheet and in the order summary, and may correct any errors using the appropriate editing fields available on the Site before the final confirmation of the order.

The Products are made and/or prepared at the Customer’s request and, therefore, may not be immediately available in stock; production and/or preparation is carried out exclusively using suitable raw materials and in compliance with the relevant expiry dates or best-before dates (BBD), with the consequence that order fulfilment times may be slightly longer than those expected for products that are already ready and available.

As these are food products, some of which are subject to seasonality, availability may vary in real time. In the event of updates to recipes, ingredients, allergens or packaging, the Seller undertakes to align the relevant information on the Site.

In the event of supervening unavailability of the ordered Product, the Seller will promptly inform the Consumer by e-mail and will fully refund any sums already paid within 14 working days, unless otherwise expressly agreed with the Consumer for replacement with another Product of equal or higher value, in the latter case with any balance payable by the Consumer.

3. Purchase Procedure and Conclusion of the Contract

To use the Service, the Customer may choose between purchasing without creating an account or purchasing using the authentication credentials created upon registration on the Site; in both cases, before the order is submitted, the Site clearly explains the technical steps for completing and sending the order form, as well as the ways in which the Customer can check and correct any data entry errors before the final transmission of the order to the Supplier.

For registration purposes, the Customer must:

i) enter their personal data, including e-mail and password for accessing the Site;
ii) enter their tax code;
iii) enter the delivery address;
iv) read the privacy policy and give their consents, where applicable;
v) confirm the registration and activate the account via the confirmation e-mail.

Once registered, the Customer may access their account to consult the order history, the status of orders in progress and the contractual conditions applicable at the time of each purchase, which the Seller stores in electronic format for the time necessary for the performance of the Contract and in any case in compliance with the applicable legislation.

To conclude the Contract, the Consumer must complete the order form in electronic format following the instructions on the Site and any indications contained in the information sections (e.g. FAQ, returns policy, allergen information). The Consumer is required to carefully check the accuracy of the data entered, with particular reference to the shipping address and telephone number, as well as the correct selection of the pre-packaged Products chosen (quantities, formats, any variants); before the final submission of the order, the Site provides specific review fields and confirmation buttons that allow the Consumer to identify and correct any data entry errors. Once the order has been transmitted, the Supplier will send the Consumer, to the e-mail address provided, an automatic acknowledgement of receipt of the order containing a summary of the applicable conditions, without prejudice to the subsequent Order Confirmation pursuant to these GTCS.

The Contract is deemed concluded when the Seller sends the Consumer, to the e-mail address indicated by the latter when placing the order, the order confirmation (hereinafter, the “Order Confirmation”). The Order Confirmation will contain a summary of the Products purchased, the relevant prices, shipping costs, estimated delivery times, as well as references to these GTCS and, where appropriate, references to the specific applicable policies published on the Site (e.g. returns policy for packaged food products).

4. Prices and Payment Methods

The prices of the Products published on the Site are expressed in euro (€) and are inclusive of VAT.

Shipping costs are not included in the price of the Product, but are indicated clearly and transparently and are calculated before the order is completed.

Any additional charges connected with specific delivery or payment methods are likewise clearly indicated to the Consumer before the order is sent

Payment may be made using the methods indicated on the Site (including credit card or PayPal), as clearly and transparently indicated therein, it being understood that the applicable contractual conditions, including the GTCS, are always accessible and available on the Site and, where available, through the Consumer’s personal account.

In the case of payment by bank transfer, the order will be processed only after the sums have actually been credited to the Seller’s account.

The Consumer warrants that they have the necessary authorisations to use the chosen payment instrument and acknowledges that any failure of the payment will result in the non-execution or suspension of the order.

In the event of a refund, this will be made, as a rule, using the same means of payment used by the Consumer, unless otherwise agreed between the parties.

5. Shipping and Delivery

Shipments are made within the Italian territory; delivery takes place at the address indicated by the Consumer at the time of the order.

Upon delivery, the Consumer is required to immediately check the external integrity of the packaging, the correspondence and legibility of the data shown on the label (including the expiry date or best-before date of the pre-packaged Products) and the absence of apparent anomalies in the storage conditions (e.g. packaging visibly damaged, wet, open or not properly sealed).

Any discrepancies relating to the expiry date or best-before date, to the integrity of the packaging or to the storage conditions that are apparent at the time of delivery must be reported by the Consumer without delay - and in any case no later than 48 (forty-eight) hours from receipt of the Products - by sending an e-mail communication to the contact details indicated in the GTCS or on the Site, accompanied by suitable photographic documentation of the packaging, the Products and the labels, in accordance with the provisions of these GTCS, without prejudice in any case to the terms and rights provided for by law regarding the legal guarantee of conformity, as well as the further information made available by the Seller regarding electronic communications and the contact details available to the Consumer.

It is understood that, once the Products have been received, the Consumer is required to store them in compliance with the instructions shown on the label and/or on the Site; the Seller is not liable for subsequent deterioration due to failure to observe such instructions.

The Seller is not liable for the deterioration of the Products due to delays in collection attributable to the Consumer or to their absence, nor for any consumption of the Products beyond the expiry date or in storage conditions that do not comply with the instructions shown on the label or on the Site, without prejudice in any case to the mandatory rights granted to the Consumer by law, including those relating to the legal guarantee of conformity.

Transfer of risk: the risk of loss of or damage to the Products passes to the Consumer only when the latter, or a third party designated by them other than the carrier, takes physical possession of the goods, in accordance with Article 63 of the Italian Consumer Code.

The delivery times indicated on the Site are purely indicative and are not to be considered essential, without prejudice to the provisions of these GTCS regarding the notification of defects and discrepancies.

6. Right of Withdrawal

The Consumer has the right to withdraw from the Contract, without being required to state any reasons, within 14 (fourteen) days from the day on which they, or a third party designated by them other than the carrier, receive the Products, subject to and without prejudice to the statutory exceptions specific to the food sector and to pre-packaged food products bearing an expiry date or best-before date, for which the right of withdrawal is in any case excluded pursuant to and for the purposes of Article 59 of the Italian Consumer Code.

Absolute exclusions of the right of withdrawal for food products: pursuant to Article 59, paragraph 1, letters d) and e) of the Italian Consumer Code, the right of withdrawal is strictly excluded for:

1. products which are liable to deteriorate or expire rapidly (including, by way of example, all fresh, perishable or refrigerated products whose shelf-life is less than or equal to 30 days, as well as other pre-packaged food products for which the expiry date or best-before date is, by its nature, incompatible with the time required to exercise the right of withdrawal and return the goods;
2. pre-packaged and sealed products which, for hygiene or health protection reasons, are not suitable for return and which have been opened or whose seals have been removed or tampered with after delivery.

For non-perishable pre-packaged food products only, which have remained unaltered, unopened and/ perfectly sealed, the Consumer may exercise the right of withdrawal, pursuant to Articles 52 et seq. of the Italian Consumer Code and subject to the exceptions set out in Article 59 of the Italian Consumer Code, within 14 (fourteen) days from the day on which they, or a third party other than the carrier designated by them, acquire physical possession of the Products.

To this end, the Consumer may send a written communication to the Seller’s support e-mail/certified e-mail (PEC) address, clearly indicating the order number, the Products in respect of which they intend to exercise the withdrawal and their contact details; the refund will be made to the same means of payment used by the Consumer for the original order, unless otherwise expressly agreed with the Consumer, without prejudice to compliance with the terms and conditions set out in these GTCS and in the applicable legislation.

The Products must be returned without undue delay and, in any case, within 14 (fourteen) days from the date on which the Consumer communicated their decision to withdraw. The Seller will refund the Consumer the payments received in relation to the Products covered by the withdrawal, including standard delivery costs, without undue delay and in any case within 14 (fourteen) days from the day on which it was informed of the decision to withdraw, without prejudice to the right to withhold the refund until it has received the goods or until the Consumer has provided evidence of having sent them back.

The absence of the right of withdrawal does not in any way prejudice the rights arising from the legal guarantee and from liability for defective products.

7. Legal Guarantee of Conformity and Notification of Defects

All food Products sold are packaged and bear on the label the expiry date or best-before date, as well as the other mandatory information (including the list of ingredients and allergens); any minor differences in the external packaging which do not affect the quality, quantity, safety or normal suitability for consumption of the Product do not constitute a lack of conformity within the meaning of the legal guarantee of conformity provided for by Articles 128–135 of the Italian Consumer Code .

The legal guarantee of conformity covers in particular the following cases: Product delivered already expired or with the best-before date exceeded; Product altered or unfit for consumption according to normal expectations of safety, integrity and quality; Product significantly different from the one ordered (by type, brand, format or essential characteristics); labelling manifestly inconsistent with the essential information published on the Site.

Given the nature of the packaged food Products and their expiry (30 days from the relevant production date), the Consumer is required to report any lack of conformity to the Seller without unjustified delay from its discovery and, in any case, in compliance with the terms provided for by Articles 128–135 of the Italian Consumer Code.

Where the defect is immediately recognisable at the time of delivery (for example, a Product already expired or with the best-before date exceeded upon delivery, packaging visibly altered or not intact), the Consumer is invited to make the report with particular promptness, in accordance with the provisions of Article 5 above and in any case within the limits of what can reasonably be expected, taking into account the perishable nature of the Products.

This request for promptness has an exclusively organisational and evidentiary function and does not limit, reduce or prejudice in any way the duration, scope or content of the legal guarantee of conformity and of the mandatory rights granted to the Consumer by the Italian Consumer Code (Articles 128–135).

Notification of lack of conformity must be made by e-mail, to the contact details indicated on the Site.

For the purposes of handling the complaint, the Consumer is required to provide a clear and sufficiently detailed description of the defect and photographic documentation suitable to represent the altered or non-conforming Product (with particular reference, where possible, to the label, the expiry date or best-before date, the apparent condition of the packaging and the batch number), in terms proportionate to the nature of the defect and the specific circumstances of the case.

In the presence of a valid lack of conformity, the Consumer is entitled, free of charge, to have conformity restored by replacement of the Product (where possible and compatible with the nature of the goods and their actual availability), or, alternatively, to an appropriate reduction in the price or to termination of the contract with a refund of the sums paid for the non-conforming Product, in accordance with Articles 128–135 of the Italian Consumer Code.

The contractual notification obligations set out in these GTCS have a merely organisational and evidentiary function and do not restrict, reduce or condition in any way the scope, duration or exercise of the mandatory rights granted to the Consumer by law.

It remains understood, in any case, that the Consumer may rely on the legal guarantee of conformity within the terms established by Articles 128–135 of the Italian Consumer Code, including for defects discovered after delivery, and that, for the purposes of the proper handling of the complaint, they are required to cooperate by providing the information and photographic documentation reasonably necessary, within the limits of what is proportionate to the nature of the Product and of the defect complained of.

8. Limitation of Liability

The Seller assumes no liability for disruptions or non-performance due to force majeure or unforeseeable circumstances (for example strikes, floods, road blockages, health emergencies), nor for anomalies or malfunctions of the internet network or telecommunications services beyond its control.

The Seller, which coincides with the producer of the packaged food Products, declines all liability for damage resulting from unsuitable storage, use or consumption of the Products after delivery has taken place, in particular where not in compliance with the instructions shown on the label (including storage methods and temperatures, expiry date or best-before date) or with the instructions and warnings on the Site (e.g. exposure to heat sources, humidity or pest infestation).

9. Processing of Personal Data (Privacy)

The Consumer’s personal data will be processed by the Seller in accordance with the legislation in force on the protection of personal data (Regulation (EU) 2016/679 – “GDPR” and the related national implementing legislation) and as specified in the Privacy Policy available on the Site, which the Consumer declares to have read, understood and accepted before the conclusion of the order. Processing may also be carried out in relation to the specific functionalities of the Site connected with the management of orders for packaged food Products (e.g. personal area, order history, handling of complaints and returns), in compliance with the principles of lawfulness, fairness, transparency and data minimisation, as better described in the Privacy Policy and in any further notices provided on the Site.

10. Applicable Law, Dispute Resolution and Jurisdiction

The Contract is governed in its entirety by Italian law.

The contract is, in particular, governed by Part III of the Italian Consumer Code, under which the consumer enjoys the rights provided for therein, including protection against unfair commercial practices and unfair terms, as well as by Legislative Decree 70/2003 on information society services and electronic commerce, pursuant to which the Consumer is informed in a clear and comprehensible manner: (i) of the identity and contact details of the Supplier indicated on the Site and usable for all electronic communications relating to the Contract; (ii) of the technical steps necessary for the conclusion of the Contract, as described in these General Terms and Conditions and in the operational instructions provided on the Site; (iii) of the methods by which the order is stored by the Seller and of the procedures allowing the Consumer to access, through their personal area (where available) or by request to the contact details indicated on the Site, the data relating to their order; (iv) of the technical means made available on the Site to identify and correct any data entry errors before the order is submitted; (v) of the languages available for the conclusion of the Contract, as indicated on the Site; (vi) of the electronic tools allowing the Consumer to access and consult at any time these General Terms and Conditions of Sale, the applicable notices and the further pre-contractual information made available on the Site.

Any dispute arising from the interpretation, performance or termination of the Contract shall fall within the exclusive and mandatory jurisdiction of the court of the place of residence or domicile of the Consumer, provided that it is located within the territory of the Italian State.

In any case, the rights enjoyed by the Consumer under mandatory provisions of law remain unaffected, including those provided for by Legislative Decree 70/2003 on information society services and electronic commerce and by the Italian Consumer Code regarding the judicial protection of the Consumer.

The Consumer also has the option of using the online dispute resolution platform (Online Dispute Resolution – ODR) made available by the European Commission for the out-of-court resolution of commercial disputes.