General terms and conditions of sale

General Terms and Conditions of Sale

(according to Chapter I, Title 3, Part 3, of Legislative Decree 206/2005 and subsequent amendments and integrations)

1. Introduction and Effectiveness of the General Terms and Conditions

These general terms and conditions of sale (hereinafter, “General Terms”) govern the purchase of products and services and regulate the contractual relationship between the users of the website www.insulasardinia.com and the entity CIPNES – Gallura, based at Via Zambia n.7, Olbia (Italy), VAT number 00322750902, registered with the Chamber of Commerce of Sassari under REA number SS-113021 (hereinafter referred to as "Cipnes"). These General Terms, in compliance with Italian legislation as outlined in Legislative Decree 206/2005 and subsequent amendments and integrations (hereinafter, "Consumer Code"), are the only applicable terms and replace any other conditions, unless expressly agreed upon in writing. Cipnes may occasionally need to modify certain provisions of the General Terms; therefore, we invite customers to review them before each visit to the site www.insulasardinia.com.

The sale of Products through the Website constitutes a distance contract regulated by Chapter I, Title III (articles 45 et seq.) of Legislative Decree No. 206 of September 6, 2005 ("Consumer Code") and by Legislative Decree No. 70 of April 9, 2003, containing the regulation of electronic commerce.

2. Choosing and Ordering Products

The catalog is organized into various categories covering the agri-food and artisan productions of the Sardinia region.

You can reach the product page via the internal search engine, the drop-down menu, or through the boxes with promotional products and generally from links to categories, brands of producers, or individual items on the site.

The characteristics and price of various products for sale on the Site are listed on the page dedicated to each product. Once the product is identified, it can be added to the cart, specifying the desired quantity. From the cart, it is possible to modify the quantities, remove existing items, proceed with filling out the order form by clicking the "complete purchase" button, or continue shopping.

The Customer must add the Product to the "Cart" and enter shipping and any billing details, select the desired payment method, and confirm the order.

Items on www.insulasardinia.com are generally immediately available.

However, simultaneous purchases of the same products by different customers may occur, altering availability in real-time, which may no longer be immediate.

By sending the order from the Website, which constitutes a contractual proposal, the Customer acknowledges and declares that they have reviewed all the information provided during the purchasing process and fully accept these General Terms and the indicated payment terms.

The contract between Cipnes and the Customer is deemed concluded upon acceptance of the order by Cipnes. This acceptance is communicated to the Customer through an order confirmation email, which includes a reference to these General Terms, the order number, shipping details, a list of ordered products with their essential characteristics, and the total price, including delivery charges. The Customer should check the confirmation email and, if any errors are found in the order, has 24 hours from receiving the email to contact Customer Service directly via the Site or by emailing: ordini.insulasardinia.com.

Once the order is received, Cipnes will verify the availability of stock to fulfill the order and will notify the Customer to proceed with payment. If one or more products are unavailable, Customer Service will promptly notify the Customer via email, and the Customer has 48 hours to confirm the shipment of available products or cancel the entire order. If no response is received within this period, the order will not be processed.

3. Product Information and Order Form

Information and characteristics of the products are available, along with their product codes, on the Site.

The visual representation of the products on the Site, where available, usually corresponds to the photographic image accompanying the descriptive sheet. It is understood that the image of the products serves only to present them for sale and may not be perfectly representative of their characteristics and qualities, as it may differ in color and size. In case of any discrepancy between the image and the written product sheet, the product sheet description will always prevail.

In the order form (separate for private customers and businesses/professionals), the purchaser’s details for the goods to be ordered must be entered. Correct completion of the fields will allow processing of the order.

In addition to personal details, an invoice can be requested by entering the relevant required information.

A promotional code issued by Cipnes may be entered. Active promotional codes may entitle the customer to discounts on the total order amount or shipping costs.

Promotional codes can be used only once and cannot be combined in a single order.

4. Prices and Shipments

Product prices include all taxes and duties. All prices are expressed in Euros.

Shipments within Italy: In all of Italy, shipping is free for orders over €80.00 (excluding remote areas) during promotional periods indicated on the Site. For amounts below this, shipping costs vary depending on weight. The price ranges based on weight are as follows:

• 0 – 10 kg: €13.25
• 10 – 20 kg: €19.70
• 20 – 30 kg: €24.70
• 30 – 50 kg: €57.90
• 50 kg and above: €91.10

Free shipping is available for orders over €80 in Italy during promotional periods, indicated on the "Offers" icon on the Homepage. For amounts below this, the shipping costs follow the above pricing tiers.

Gift packages from Insula are not included in free shipping offers and will incur standard shipping fees according to the weight category as listed.

Shipments Abroad: The cost of shipping abroad depends on the destination country/postcode of the order.

Delivery to remote areas: If delivery is to a hard-to-reach area, the courier applies an additional charge of €6.10 for smaller locations or €20.74 for islands/remote areas.

We recommend customers always check the number and integrity of the packages. In case of anomalies or damage, the complaint must be made immediately to the courier, and the issue should be reported promptly to us. Replacement and re-delivery costs will be entirely borne by us.

Ownership and risk related to the products are transferred to the Customer upon delivery to the address provided by the Customer when placing the order. If the Customer accepts the goods with reservation, they must specify the reason (e.g., if the package is visibly damaged). If possible, document any damage with photographs attached to the claim.

Double shipments are not made; if the package is visibly damaged, only a monetary refund for the damaged goods is provided.

5. Payment Methods and Invoicing

5.1 Payment Methods

PayPal: Payment for products purchased on the Site can be made via PayPal. If the user selects PayPal as a payment method, they will be redirected to www.paypal.it to complete the payment according to PayPal’s procedure, governed by PayPal's terms and conditions. Online payments are processed simultaneously with the order transaction, using secure and protected methods, ensuring full privacy for credit card information, which cannot be viewed by other network users.

In case of contract resolution or any refund, the amount will be credited to the user's PayPal account. The time to credit the payment method linked to this account depends solely on PayPal and the banking system. Once the credit order is processed, Cipnes cannot be held responsible for any delays or omissions in the refund credit, for which the user must directly contact PayPal.

Bank Transfer Payment: Payment via bank transfer is possible to the account of:

CIPNES- GALLURA
VAT Number 00322750902
Via Zambia n.7, 07026 Olbia
BANCO DI SARDEGNA, branch no.5 Olbia
IBAN: IT41T0101584988000070707764
BIC: BPMOIT22XXX

Send the bank receipt and the order number to our email at ordini@insulasardinia.com within 3 days from the confirmation of the order. PAYMENT IS 100% PREPAID BEFORE SHIPPING. After this period, Cipnes may not be able to guarantee product availability.

Once the bank transfer is confirmed, the order fulfillment will begin.

5.2 Invoicing: If the purchase is made by a professional or a business, an invoice can be requested by selecting the appropriate box during the order process and entering the required invoicing details, including the tax code and/or VAT number. The Registered User is responsible for entering the correct invoicing data and is expressly informed that, if the invoice is not requested during the order, it cannot be requested later.

Public administrations or companies subject to split payment (e.g., public companies or companies listed on the FTSE MIB index) must contact Cipnes customer service before completing an order on the Website. Cipnes is authorized to cancel orders placed without prior communication for such subjects.

6. Transportation and Delivery

The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure in the appropriate “Shipping Data” field.

All purchases will be delivered by express courier from Monday to Friday, excluding holidays and national holidays. Cipnes is not responsible for delays that are unforeseeable or not attributable to it.

Orders received on Friday, Saturday, and Sunday will be processed the following Monday. Orders received during holidays will be fulfilled on the first available business day.

Once the Products have been shipped, the Customer can, upon explicit request, request further information regarding the tracking of the shipment. For more information, send an email to: infoshop@insulasardinia.com or ordini@insulasardinia.com.

In any case, unless in cases of force majeure or unforeseen circumstances, the ordered Products will be delivered within a period of 7 (seven) working days, if it is a purchase of single items, starting from the day after the order confirmation email from Cipnes to the Customer. In the case of a purchase of whole boxes, the maximum delivery time will be 10 (ten) working days.

Regarding the Christmas promotion for Insula gift packages, the shipping times will not exceed 12 working days (in Italy) or 14 working days (abroad), particularly in periods close to the holiday.

Delivery services active in Italy:

• Express Courier

Delivery services active abroad:

• Express Courier

Shipments abroad may be carried out by different couriers depending on the destination country to ensure the Customer receives the best available rate.

7. Legal Warranties and Non-Conformity of Products

7.1. Pursuant to and for the purposes of Legislative Decree no. 206/2005 (Consumer Code) and subsequent amendments, the Seller provides the Consumer with a legal warranty on the product for any conformity defect with the sales contract that appears within 24 (twenty-four) months from the delivery of the product to the Consumer. It is understood that for perishable products (such as salami, cheese, and all food products), the legal warranty will be effective only until the expiration date indicated on the product packaging.

7.2. Given the nature of the product, a conformity defect occurs when the purchased item:

• Is not suitable for the intended use;
• Does not present the qualities that the Consumer can reasonably expect considering the declarations made in advertising or labeling, except for the tolerance provided by law;
• Is not suitable for the particular use desired by the Consumer, which was communicated to the Seller at the time of the contract conclusion and accepted by the Seller. Therefore, any defects due to accidental events, Consumer responsibility, or the use of the product not in line with its intended use and/or the technical documentation attached to the product, if any, or the product instructions, are excluded from the scope of the Legal Warranty. The Legal Warranty also does not apply to products that have been modified or altered by the Consumer.

7.3. The conformity defect must be reported to the Seller within 2 (two) months from the date it was discovered, under penalty of expiration of the warranty. The report of a conformity defect must be accompanied by proof of purchase from the Seller (payment receipt or invoice), a description of the defect, and all necessary information to protect any claims and agree on the shipping method to allow necessary checks.

7.4. Cipnes will conduct the necessary checks regarding the reported conformity defect within 30 (thirty) days from the product's availability. The Seller will inform the Consumer of the result of the verification, and in case of confirmed non-conformity, will replace the product as quickly as possible and, unless there are exceptional cases or force majeure, within 45 (forty-five) days from the day the defective product was received. If replacement is not possible due to product unavailability, Cipnes will proceed as regulated in Article 2.

7.5. Cipnes is not responsible for damages of any kind resulting from improper or non-compliant use of the product, as well as for damages due to force majeure or accidental events.

8. Liability for Damage from Defective Products

With regard to damages caused by defective products, the provisions of the Consumer Code and its amendments apply. The Seller, as a distributor of the products via the Site, disclaims all responsibility, except for cases of intentional misconduct or gross negligence, by indicating the name of the relevant product manufacturer.

9. Force Majeure and Unforeseen Events

Under no circumstances will the Seller be held responsible for failure to perform any of its obligations under these Terms and Conditions if such failure is caused by unforeseen events and/or force majeure, including but not limited to accidents, explosions, strikes and/or lockouts, natural disasters, terrorist acts, network malfunctions and/or blackouts, and other similar events that prevent, in whole or in part, the performance of the contract within the agreed times. The Seller will not be liable to any party or third parties for damages, losses, and costs incurred due to failure to execute the contract for the reasons mentioned above, with the Consumer only entitled to a refund of the total amount paid, consisting of the purchase price, shipping costs, and any other additional costs.

10. Right of Withdrawal

The Consumer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without penalty, except in the case of products that, by their nature, risk deteriorating or are subject to rapid expiration, as stated in Article 7.

10.2. The risks and costs of transporting the products back to the Seller will be borne by the Consumer.

10.3. To exercise this right, the Consumer must send, within 14 (fourteen) working days from the receipt of the goods, the withdrawal notice. For this purpose, the Consumer may use any explicit declaration of their decision to withdraw from the contract or use the standard withdrawal form provided on the Site. In the withdrawal communication, the Consumer must indicate the order number, the order date, the invoice number if requested at the time of order, and their bank details (IBAN code).

This communication must be sent by registered letter with acknowledgment of receipt to:

c.a. Customer Service
INSULA - Agrifood and Territorial Marketing Division
CIPNES - Gallura Industrial Zone, Loc. Cala Saccaia, Via Zambia No. 7 Olbia
07026 Olbia (SS)

Once the Customer Service receives the communication, they will open a case to manage the return and provide the Customer with instructions on how to return the Products, which will be done via a courier specified by Cipnes.

The right of withdrawal is recognized only for individuals (consumers), excluding resellers or parties who purchase for resale to third parties. The right of withdrawal does not apply to custom-made or clearly personalized goods, or goods that, by their nature, are subject to deterioration (food products, wines, alcoholic beverages, and drinks), sealed and not suitable for return for hygiene reasons or related to health protection and which have been opened after delivery.

11. Errors and Limitation of Liability

The information regarding Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors, for which Cipnes will not be held responsible, except in cases of intentional misconduct or gross negligence.

Cipnes reserves the right to correct errors, inaccuracies, or omissions even after an order has been placed, or to modify or update the information at any time without prior notice, while maintaining the rights of the Customer under these Terms and the Consumer Code.

Except in cases of intentional misconduct or gross negligence, all rights of the Customer to compensation for damages or recognition of compensation are excluded, as well as any contractual or non-contractual liability for direct or indirect damage to people and/or property caused by the non-acceptance or fulfillment, even partial, of an order.

Cipnes promotes responsible consumption of alcohol and disclaims any liability, except in cases of intentional misconduct or gross negligence, for purchases made by minors under 16 years old. By purchasing any alcoholic product, you declare that you are of legal age, as per Article 7 of Law Decree 158/2012. Cipnes assumes no responsibility for purchases made by minors under 18 years old who have declared a different age.

12. Online Dispute Resolution (ADR and ODR)

ADR
According to Article 49, paragraph 1, letter V of Legislative Decree 6 September 2005, no. 206 (Consumer Code), the customer may use the Parity Conciliation procedure. This procedure can be initiated if the consumer, after having submitted a complaint to the company within 45 days, has not received a response or has received a response deemed unsatisfactory by the consumer.
The customer who wishes to use the Parity Conciliation procedure must send the request to the address: conciliazione@consorzionetcomm.it or fax number 02/87181126. For more information, refer to: Parity Conciliation.

ODR
According to Article 14 of Regulation 524/2013, the user is informed that in case of dispute, they may file a complaint via the EU ODR platform at the following link: ODR Platform. The ODR platform provides a point of access for users who wish to resolve disputes arising from online contracts for the sale of goods or services.

13. Applicable Law and Jurisdiction

The sales contract between the Customer and CIPNES is considered concluded in Italy and governed by Italian Law. For the resolution of disputes regarding the interpretation, execution, or termination of these General Terms and Conditions or individual purchase orders, if the Customer is a consumer as defined by the Consumer Code, the exclusive jurisdiction will be that of the Customer's municipality of residence or domicile, if located within Italian territory; in all other cases, the exclusive jurisdiction will be that of the Court of Tempio Pausania, excluding any other competent court.

14. Privacy Policy

The Company will process Users' personal data in compliance with privacy regulations as detailed in the privacy policy available in the respective section of the Website.

15. Changes to These Terms

The Owner reserves the right to make changes to the Terms at any time, notifying the User through their publication on the Website. The User who continues to use the Website after the publication of the changes, accepts the new Terms without reservation.