These General Terms and Conditions of Sale (GTCS) govern the sale in Italy of food products under the \u201cDon\u2019t call me base\u201d brand by Blue River SRL (the \u201cProducer\u201d or \u201cSupplier\u201d) to Customers who purchase the products from the website www.dontcallmebase.com<\/p>\n
These GTCS apply exclusively to Customers acting in the course of their business, commercial, craft or professional activity (B2B relationships) and not to consumers who are natural persons, to whom specific dedicated terms and conditions of sale apply.<\/p>\n
For information on purchase methods, on the technical steps for concluding the contract, on the storage of the order, on the technical means for identifying and correcting data entry errors, on the available languages and on the tools for accessing and consulting the contractual conditions, please refer to the \u201c***\u201d page or the \u201cFAQ\u201d section of the website.<\/p>\n
Without prejudice to the provisions of Legislative Decree 70\/2003 on electronic commerce and the legislation in force, the following definitions apply to the GTCS:<\/p>\n
Each Product is accompanied by labelling.<\/p>\n
Given the food-related and perishable nature of the Products, the information on the label can be consulted by the Customer before submitting the order and remains accessible afterwards through the consultation tools available on the Site, so as to allow the Customer to verify the content of the conditions applicable to the individual Product and to organise, under their own exclusive responsibility, the proper storage, warehouse management and use of the Products in accordance with the relevant instructions.<\/p>\n
Product images are for illustrative purposes only; the packaging or visual appearance may undergo minor variations decided by the Producer (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.<\/p>\n
With regard to ingredients, allergens, nutritional values, storage methods and expiry dates or best-before dates, the information shown on the label by the Producer shall prevail; the latter is liable exclusively for any errors or omissions on the label and is required to update the Site with reasonable promptness once it becomes aware of such discrepancies.<\/p>\n
The Customer is required to strictly comply with the instructions shown on the label and on the Site regarding storage methods and times, assuming all liability for the use, storage and consumption of the Products after delivery.<\/p>\n
The Customer, in their capacity as a professional operator, must check with particular diligence, before submitting the order electronically, 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.<\/p>\n
The Customer is responsible for the accuracy and completeness of the data provided and of the choices made when placing the order.<\/p>\n
The Products are made and\/or prepared at the Customer\u2019s request and 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 a possible slight extension of fulfilment times compared with products that are already ready and available.<\/p>\n
Given the perishable nature of the Products, the Customer acknowledges that orders, once confirmed, are binding and cannot be modified, unless otherwise agreed in writing between the parties, and that no cancellations or returns are permitted for reasons attributable to the Customer\u2019s organisational needs or to the failure to use the Products within the relevant expiry date.<\/p>\n
As these are perishable food products, actual availability may vary in real time and the Products may not always be orderable or capable of being fulfilled within standard times.<\/p>\n
In the event of updates to recipes, ingredients, allergens or packaging, the Producer undertakes to align the relevant information on the Site with reasonable promptness.<\/p>\n
In the event of supervening unavailability, including partial unavailability, of the ordered Product, the Producer will promptly inform the Customer by e-mail and, unless otherwise agreed between the parties, will refund any sums already paid within 14 working days for the unsupplied Products only; alternatively, subject to agreement with the Customer, the Producer may replace the unavailable Products with others of equal or higher value, in the latter case with any balance payable by the Customer, any further compensation or indemnity being excluded.<\/p>\n
The Service is reserved exclusively for Customers acting in the course of their business or professional activity and having their place of business within the territory of the Italian Republic; the Customer is required to use the Products within the scope of such activity and to ensure their proper storage and handling, in compliance with their perishable nature and relevant expiry date.<\/p>\n
To use the Service, the Customer must first register on the Site, providing complete, correct and up-to-date data, and is responsible for every operation carried out through their account.<\/p>\n
For registration purposes, the Customer must:<\/p>\n
i) enter their data, including e-mail and password for accessing the Site, guaranteeing their accuracy and correspondence to their professional identity;
\nii) enter the tax code, VAT number and the further identification data required for the purposes of correct invoicing and management of the commercial relationship;
\niii) enter the delivery address, ensuring its correctness and suitability for receiving perishable food Products, taking into account their expiry date;
\niv) read the privacy policy, which governs the processing of data connected with the management of orders for perishable food Products, and give the necessary consents;
\nv) confirm the registration and activate the account via the confirmation e-mail, using it exclusively for purchases in a professional capacity and in compliance with these GTCS.<\/p>\n
The Customer guarantees the truthfulness, completeness and currency of the data entered, including tax data and any VAT number, and is responsible for any use of their account by authorised third parties and for the consequences arising from orders placed through it, including the proper handling, storage and use of the Products.<\/p>\n
Once registered, the Customer may access their account to consult the history and status of orders and the contractual conditions applicable to each purchase, which the Producer stores in electronic format for the time necessary for the performance of the Contract and, in any case, for the period strictly necessary to fulfil its contractual and legal obligations, taking into account the perishable nature of the Products and their expiry 30 days from production.<\/p>\n
To conclude the Contract, the Customer must complete the order form in electronic format following the instructions on the Site and the indications contained in the information sections (e.g. FAQ, returns policy, allergen information). The Customer is required to carefully check the accuracy of the data entered, with particular reference to the shipping address, the telephone number and the correct selection of the pre-packaged food Products chosen (quantities, formats, any variants). Before the final submission of the order, the Site provides review fields and confirmation buttons that allow the Customer to identify and correct any data entry errors.<\/p>\n
Once the order has been transmitted, the Supplier will send the Customer, to the e-mail address provided, an automatic acknowledgement of receipt containing a summary of the applicable conditions, without prejudice to the subsequent Order Confirmation pursuant to these GTCS, upon which the Contract is deemed finalised and from which the times for production, shipping, delivery and proper storage of the Products by the Customer start to run.<\/p>\n
The Contract is therefore deemed concluded when the Producer sends the Customer, to the e-mail address indicated when placing the order, the order confirmation (hereinafter, the \u201cOrder Confirmation\u201d), containing 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).<\/p>\n
The Customer acknowledges that this threshold takes into account the perishable nature of the Products and the related logistics costs of production, preparation and delivery.<\/p>\n
The Producer may make the fulfilment of the order conditional upon verification of the Customer\u2019s solvency and\/or the provision of adequate guarantees; in the event of a negative outcome of the solvency checks or failure to provide the requested guarantees, the Producer may suspend or cancel the order, without any liability on its part and excluding any compensation or indemnity, save for the refund of any sums already paid by the Customer.<\/p>\n
The prices of the Products published on the Site are expressed in euro (\u20ac) and are exclusive of VAT.<\/p>\n
Shipping costs are not included in the price of the Product, but are indicated and calculated clearly and transparently before the order is completed, taking into account the specific transport and storage requirements of the Products.<\/p>\n
Any additional charges connected with specific delivery or payment methods are clearly indicated to the Customer before the order is sent and remain entirely at their expense.<\/p>\n
Payment may be made using the methods indicated on the Site (for example credit card or PayPal), it being understood that the applicable contractual conditions, including the GTCS, are always accessible and available on the Site.<\/p>\n
The Customer acknowledges that, given the perishable nature of the Products and their expiry date, the punctual fulfilment of payment obligations constitutes an essential precondition for the production, preparation and delivery of the ordered Products.<\/p>\n
The Customer warrants that they have the necessary authorisations to use the chosen payment instrument and acknowledges that failure of the payment will result in the non-execution or suspension of the order, without prejudice in any case to the Producer\u2019s right to take action to recover the debt and to claim compensation for any further damage.<\/p>\n
In the event of a refund, this will be made as a rule using the same means of payment used by the Customer, unless otherwise agreed between the parties, it being understood that the refund may only cover the amounts actually collected by the Producer in relation to the order concerned.<\/p>\n
Shipments are made within the Italian territory; delivery takes place at the address indicated by the Customer at the time of the order, it being understood that the Customer is required to collect the Products without delay and to ensure, from the moment of delivery, suitable storage conditions in compliance with the instructions shown on the label and\/or on the Site; any deterioration or alteration occurring after delivery, due to delay in collection, incorrect storage or improper use of the Products, remains at the exclusive risk and responsibility of the Customer.<\/p>\n
The Customer is required to check at the time of delivery, with professional diligence, 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 Products) and the absence of apparent anomalies in the storage conditions (e.g. packaging visibly damaged, wet, open or not properly sealed).<\/p>\n
Any shortages of goods or discrepancies relating to the expiry date or best-before date, to the integrity of the packaging or to the storage conditions apparent at the time of delivery must be contested in writing in the relevant transport document (DDT) or consignment note and, in any case, no later than 48 (forty-eight) hours from receipt of the Products, by sending the Producer a communication via certified e-mail (PEC) to the address indicated above, accompanied by photographic documentation of the packaging, the Products and the labels, in accordance with the provisions of these GTCS; once this term has expired, the Products shall be deemed definitively accepted by the Customer in respect of the defects and discrepancies recognisable at the time of delivery, with the Customer forfeiting any right and\/or claim.<\/p>\n
It is understood that, once the Products have been received, the Customer is required to store, handle and use them in strict compliance with the instructions shown on the label and\/or on the Site (including, by way of example, storage methods and temperatures and expiry dates or best-before dates), taking into account the food-related and perishable nature of the Products.<\/p>\n
The Producer is not liable for deterioration, alteration or non-conformity of the Products, or loss of fitness for consumption, occurring after delivery and due, even in part:<\/p>\n
In any case, all direct or indirect damage attributable to negligent handling of the Products by the Customer is excluded from the Producer\u2019s liability, and the Customer undertakes to organise their internal processes in a manner consistent with the food-related and perishable nature of the Products.<\/p>\n
Transfer of risk<\/strong>: the risk of loss, deterioration or damage to the Products passes to the Customer upon delivery to the carrier appointed by the Producer; from that moment, all adverse consequences are borne by the Customer, without prejudice to the provisions on the notification of defects and to any liability of the carrier under the applicable legislation.<\/p>\n The delivery times indicated on the Site are merely indicative and not essential; any reasonable delays, taking into account the perishable nature of the Products and the technical times of production and preparation, do not entitle the Customer to terminate the contract, suspend or delay payments, or claim compensation or indemnities, unless otherwise agreed in writing between the parties.<\/p>\n Any minor differences in the external packaging which do not affect the quality, quantity, safety, proper storage or normal suitability for consumption of the Product do not constitute a lack of conformity.<\/p>\n Without prejudice to the provisions of Article 5 above in relation to any apparent defects, any hidden defects or defects not detectable at the time of unloading (e.g. intrinsic defects of the product) must be notified in writing (via certified e-mail (PEC) to the address indicated above or by registered letter with return receipt accompanied by photographic documentation and production batches) within the statutory terms. Given the food-related nature of the Products, the notification must be sent within 24 (twenty-four) hours of discovery, and in any case no later than the expiry date or best-before date of the product, it being understood that failure to notify within the above term entails the forfeiture of any right and claim connected with the defect in question.<\/p>\n No return of goods will be accepted unless previously authorised in writing by the Supplier. The shipping costs of the return shall be borne by the Customer, unless otherwise agreed.<\/p>\n the Customer acknowledges that any delays or omissions in the communication may affect the possibility of verifying the defect, also in view of the perishable nature of the Products and their limited shelf-life.<\/p>\n For the purposes of handling the complaint, the Customer must provide a clear and detailed description of the defect and adequate photographic documentation of the Product, to an extent proportionate to the nature of the defect and the circumstances of the case, it being understood that the Producer is not liable for defects, alterations or deterioration due to the Customer\u2019s failure to store, handle or use the Products correctly in accordance with the instructions provided.<\/p>\n In the presence of an ascertained defect attributable to the Producer, the Customer is entitled, free of charge, to the replacement of the Product, where possible and compatible with the perishable nature of the goods, their expiry date and their availability, or \u2013 at the Supplier\u2019s discretion – to an appropriate reduction in the price or, in the most serious cases, to termination of the contract limited to the non-conforming Product, with a refund of only the sums paid for that Product, any further compensation or indemnity being excluded.<\/p>\n The Producer is not liable 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, even where they affect the times of production, shipping or delivery of the perishable food Products.<\/p>\n The Producer is not liable for damage, whether direct or indirect, resulting from unsuitable storage, use or consumption of the Products after delivery, in particular if not in compliance with the instructions shown on the label (including storage methods and temperatures, expiry dates or best-before dates) or with the instructions and warnings on the Site (e.g. exposure to heat sources, humidity or pest infestation). The Customer, as a professional operator, is required to comply with such instructions, to ensure the proper management, storage and rotation of stock and to indemnify and hold the Producer harmless from any third-party claim connected with uses, storage or consumption of the Products not in compliance with the above instructions.<\/p>\n The Customer\u2019s personal data are processed by the Producer in compliance with the legislation in force on the protection of personal data (Regulation (EU) 2016\/679 \u2013 \u201cGDPR\u201d and the national implementing legislation) and in accordance with the Privacy Policy available on the Site, which the Customer declares to have read and accepted before the conclusion of the order. Processing is carried out in relation to the functionalities of the Site connected with the management of B2B contractual relationships and orders for packaged food Products, including perishable ones with an expiry of 30 days from production (e.g. personal area, order history, handling of complaints and returns), in compliance with the principles of lawfulness, fairness, transparency and data minimisation, as described in the Privacy Policy and in any further notices on the Site.<\/p>\n The Contract is governed by Italian law, with the express exclusion of the rules provided for consumers and, in particular, of the Italian Consumer Code.<\/p>\n Any dispute arising from the interpretation, performance, validity or termination of the Contract shall fall within the exclusive and mandatory jurisdiction of the Court of Lecco, to the exclusion of any other alternative or concurrent jurisdiction.<\/p>\n","protected":false},"excerpt":{"rendered":" 1. Scope of Application and Definitions These General Terms and Conditions of Sale (GTCS) govern the sale in Italy of food products under the \u201cDon\u2019t call me base\u201d brand by Blue River SRL (the \u201cProducer\u201d or \u201cSupplier\u201d) to Customers who purchase the products from the website www.dontcallmebase.com These GTCS apply exclusively to Customers acting in […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"template-termini-condizioni.php","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-915","page","type-page","status-publish","hentry"],"acf":[],"yoast_head":"\n6. Notification of Defects<\/h2>\n
7. Limitation of Liability<\/h2>\n
8. Processing of Personal Data (Privacy)<\/h2>\n
9. Applicable Law, Dispute Resolution and Jurisdiction<\/h2>\n