These General Conditions of Sale (hereinafter "General Conditions") have as their object the remote sale of products (hereinafter "Products" or "Product") through the electronic commerce website www.siciliaapom.it (hereinafter " Site ") managed by the Coop. A.P.O.M. a r.l. (hereinafter "APOM") as identified below:
Registered office in Via Del Vespro, 6 is. 290 - 98122 MESSINA
VAT number and Tax Code 01607660832
Distance sales contracts concluded through the Site are governed, in addition to these General Conditions, by Legislative Decree 206/2005 and subsequent amendments (hereinafter "Consumer Code") and by Legislative Decree 70/2003 and subsequent amendments (hereinafter " Electronic Commerce Decree ").
The sales service is reserved for consumers (hereinafter "Customers" or "Customer") as defined in art. 3 of the Consumer Code, or a natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out. These General Conditions are an integral and substantial part of the contracts stipulated and concluded through the Site and, pursuant to art. 12 of the Electronic Commerce Decree, can be viewed, stored and reproduced through the following link.
These General Conditions are an integral and substantial part of the contracts stipulated and concluded through the Site and, pursuant to art. 12 of the Electronic Commerce Decree, can be viewed, stored and reproduced through the following link.
These General Conditions can be modified at any time, subject to the conditions for contracts already concluded, the new conditions will be available on the Site.
The conclusion of the contract is envisaged exclusively in Italian.
For requests for information, disputes and complaints, you can use the "Contact" form available on the Site or by writing to firstname.lastname@example.org.
Access to the Site does not require registration by the Customer.
To proceed with purchase orders, the Customer must provide, in a correct, truthful and complete manner, all the data requested by the "Customer Data" form; these data will be processed in compliance with the privacy legislation pursuant to Legislative Decree 196/2003.
If the customer chooses to store the data entered for subsequent orders, he will receive instructions for activating an account and creating access credentials by e-mail to the address indicated by the same. The Customer is solely responsible for accessing the Site using their credentials and undertakes to keep them confidential in order to avoid any abuse by third parties.
The characteristics of the Products are shown in the information sheets published on the Site. The images contained in the information sheets are purely illustrative and do not refer to the actual external characteristics of the Product.
The information on the label is the responsibility of the manufacturers, which are solely responsible for their correctness and truthfulness. APOM does not guarantee and is not responsible for what is indicated on the label by the manufacturers regarding the characteristics of the Product.
The Products on the Site are limited in number, therefore APOM reserves the right to accept purchase orders based on actual availability.
Price of the Products
The prices of the Products are expressed in Euros and are inclusive of taxes and duties; however, they do not include any taxes, duties and taxes applicable from the country of destination of the Products, if this is different from Italy, which are charged to the Customer.
The price of the Products does not include delivery costs which will be indicated separately before placing the order and which remain the responsibility of the Customer.
Order of Products
On the Site it is possible to order the Products under two commercial formulas: commercial campaigns, selection of Products available for a limited period of time clearly expressed; catalog, or Products always present on the Site.
To order the Products, the Customer must fill out an order form in electronic format and send it to APOM following the instructions on the Site; for the purpose of completing the order form in electronic format, the Customer:
• has the ability to select one or more Products that will be placed in a virtual cart that can be viewed and modified until the order is placed;
• must provide a valid e-mail address and indicate the data for the shipment, the shipping and payment methods; this information will be viewable and modifiable until the order is placed;
By proceeding with the order until it is forwarded, the Customer declares: that he wishes to purchase the Products ordered;
Confirmation of receipt of order
The forwarding of the order constitutes a purchase proposal addressed by the Customer to APOM.
Following the placing of the order, the Customer will receive an e-mail confirming receipt of the order containing a summary of the general and particular conditions applicable to the contract, information relating to the characteristics of the Products with an indication of the price, the means of payment, withdrawal, delivery costs and applicable taxes and duties.
The confirmation of receipt of the order will also contain the data of the Customer whose correctness is required to be checked and, if necessary, to promptly request correction.
APOM reserves the right not to accept, even partially, the purchase orders received. In particular, the order will not be accepted in the event that the Products have become unavailable in the meantime and if the Customer has not paid the total cost of the order using the payment methods offered on the Site.
In case of non-acceptance of the order, APOM will notify the Customer, within 30 days from the day following the day in which the Customer has placed the order, of the possible impossibility to accept the order and will refund any sums already paid by the Customer.
The order will be filed in the Site database for the time necessary to process it. The Customer registered on the Site, by accessing his area with the access credentials, will be able to view the orders sent and accepted.
Terms of payment
The Customer may pay for the Products, the related taxes and fees and delivery costs through the payment methods made available on the Site: Credit Card, Pay Pal, Bank Transfer.
In case of payment by bank transfer, APOM reserves the right to accept the purchase order, subject to the availability of the Products, only after receipt of the credit on the bank account.
In the event that, for any reason, the debit of the amounts due by the Customer proves impossible, the Customer's purchase proposal will be automatically canceled.
APOM uses third party tools for payment processing and does not come into contact with payment data in any way. Any data may subsequently be requested for the management, for example, of refunds in the event of non-acceptance of the order or following the exercise of the right of withdrawal.
For each order placed on the Site, APOM will issue an invoice which will be sent by e-mail or post to the holder of the order, in accordance with the Presidential Decree 445/2000 and of Legislative Decree 52/2004. For the issuance of the invoice, the information provided by the Customer at the time of the order is valid. No change in the invoice will be possible after it has been issued.
Shipping and delivery methods
Shipping and delivery costs are charged to the customer, the amount including VAT referring to the order is specified during the purchase process and reported in the order receipt confirmation.
The shipment of the products takes place by Courier, therefore no responsibility can be attributed to APOM in relation to events or circumstances that may delay or hinder the shipment and delivery due to the Courier or due to force majeure. The Customer's right to withdraw from the contract remains unaffected.
APOM reserves the right not to accept purchase orders that provide for delivery outside the Italian territory.
The timing of shipping is differentiated according to the commercial formula under which the Products were ordered; without prejudice to APOM's acceptance of the Customer's purchase proposal, the shipping time is estimated as:
_ 8-10 working days from the closing date of the commercial campaign;
_ 2-3 days from the transmission of the Order Receipt Confirmation in catalog purchases.
In any case, APOM will send the shipment notice by e-mail to the address indicated by the Customer in which the tracking number will be indicated for checking the delivery status from the Courier's website.
Deliveries will be made to the address indicated by the Customer on working days and hours. Upon delivery of the Products by the Courier, the Customer is required to verify that the number of packages corresponds to what is indicated in the accompanying document and that the packaging is intact. Any damage to the package and / or the Products or the mismatch in the number of packages must be immediately notified by means of a written check on the Courier's proof of delivery. Once the Courier's document has been signed, the Customer will not be able to make any objection about the external characteristics of the package delivered.
APOM cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the completion of the purchase order by the Customer, nor for any damage to the Products after delivery
In case of non-delivery due to the absence of the recipient, the Products will be returned to APOM, which will contact the Customer to arrange a new delivery, remaining the additional delivery costs to be paid by the Customer.
Delivery times start from the shipping notice and are estimated as follows:
Destination Estimated delivery times
Sicily 2-3 working days
For the rest of Italy and disadvantaged locations 3-5 working days
Right of withdrawal
Pursuant to art. 52 of the Consumer Code, the Customer may withdraw from the contract for any reason, without the need to provide explanations and without any penalty within 14 days from the date of receipt of the Products or, in the case of delivery of a good consisting of multiple lots or pieces, from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the last lot or pieces.
The Customer is required to inform APOM of his decision to exercise the right of withdrawal from the contract by means of an explicit declaration to be sent within the established terms; to this end, the Customer can:
a) use the model withdrawal form referred to in Annex I, part B of the Consumer Code or
b) submit any other explicit declaration of your decision to withdraw from the contract.
The communication relating to the decision to exercise the right of withdrawal from the contract must be sent by registered letter with return receipt to Coop. A.P.O.M. a r.l. , Via Del Vespro, 6 is. 290 - 98122 MESSINA or by e-mail to email@example.com.
Following the exercise of the right of withdrawal in the manner described above, the Customer is required to return the Products to APOM without undue delay and in any case within 14 (fourteen) days from the date on which he communicated his decision to withdraw. from the contract. A copy of the order receipt must be attached to the Products being returned.
The Customer is solely responsible for the decrease in the value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the Products themselves. Therefore, the Products subject to withdrawal must be returned in good condition and in the original packaging complete in all its parts, in any case, APOM may refuse to accept the withdrawal for food products that have been consumed even partially.
Pursuant to art. 59 of the Consumer Code the following are excluded from the right of withdrawal:
- goods made to measure or clearly personalized;
- assets that risk deteriorating or expiring rapidly;
- sealed goods that are not suitable for return for reasons of hygiene or related to health protection and have been opened after delivery.
The direct cost of returning the Products is borne by the Customer, this cost is estimated to be a maximum of about 15.00 (fifteen) Euros.
The shipment of the Products subject to withdrawal, until receipt at our warehouse, is under the complete responsibility of the Customer. APOM is not responsible in any way for damage or theft / loss of Products returned by uninsured shipments.
APOM will reimburse the payments received from the Customer, including delivery costs (with the exception of additional costs deriving from the possible choice of a type of delivery other than the least expensive type of standard delivery offered by APOM), without undue delay and in any case within 14 (fourteen) days from the day on which he is informed of the Customer's decision to withdraw from the contract in the manner described above.
APOM reimburses using the same payment method used by the Customer for the initial transaction, unless the Customer has expressly agreed otherwise and provided that APOM does not have to incur any costs as a consequence of the refund.
APOM reserves the right to withhold the refund until it has received the Products or until the Customer has demonstrated that he has returned the Products, depending on which situation occurs first.
The Customer who purchases as a Consumer has the right to a 24-month warranty from the purchase on products that show conformity defects according to the conditions established by law and on condition that APOM is notified of the defects found, with the same procedures provided for exercise of the right of withdrawal, within 2 months of their discovery.
To exercise the right of guarantee, the Consumer is required to return the Product in its original packaging, accompanied by the invoice or other accompanying documentation.
APOM will replace the product with an identical one or, in case of exhaustion, with one of equivalent commercial value.
The costs of returning the objected Product remain the responsibility of the Consumer, while the shipping costs of the replacement product remain the responsibility of APOM.
Suspension of service
APOM reserves the right to suspend or interrupt the service, both temporarily and definitively, without the need for notice; Furthermore, APOM has the right to modify the functionality and characteristics of the Site and the service.
Textual and graphic contents published on the Site are owned by APOM and the other rights holders (manufacturing companies as regards corporate and product images). Any improper exploitation of intellectual property is therefore prohibited.
Applicable law and competent court
The distance sales contract, referred to in these General Conditions, is governed by Italian law and in particular by Legislative Decree no. 206/2005 and subsequent amendments with reference to the legislation relating to distance contracts and the Legislative Decree n. 70/2003.
The territorial jurisdiction for the resolution of any disputes arising from the conclusion of distance sales is, in the event that the Customer is a Consumer, that of the reference forum of the Municipality of residence or domicile of the Consumer himself, in all other cases the forum competent is that of Messina.
Online dispute resolution
The European Commission has set up an online platform for alternative dispute resolution. This tool can be used by the European consumer to resolve in a non-judicial way any dispute relating to and / or deriving from contracts for the sale of goods and services entered into online.
The platform is available at the following address http://ec.europa.eu/consumers/odr/
Treatment of personal data
For your purchases on APOM you can choose between different payment methods
APOM accepts major credit cards (Visa, Visa Electron, America Express, Mastercard) and, of course, there are no additional fees. The amount will be charged upon completion of the online order. Payments are handled quickly and securely.
Payment via PayPal is simple and secure. It does not involve any additional cost and upon completion of the order you will be redirected to the PayPal portal. By entering your PayPal email and password, payment will be made in seconds.
Payment by bank transfer does not involve any additional cost. Your purchase order will be confirmed as soon as APOM receives confirmation that the amount has been credited to its current account.
The contribution for shipping costs is determined in the fixed amount of 7 Euros including VAT, with the exception of shipments outside Sicily for which the contribution is 9.5 Euros including VAT. 7 Euro IVA inclusa, ad eccezione delle spedizioni fuori Sicilia per le quali il contributo è di 9,5 Euro IVA inclusa.
For orders of € 99 or more, shipping is free.
The delivery of the products is scheduled within 24/48 hours (72 hours for deliveries outside Sicily and difficult locations) from the shipping notice.
For purchases made during the campaigns, the shipping notice, subject to the availability of the products, will be sent by e-mail in 8/10 working days from the closing date of the campaign.
Deliveries are made exclusively on working days, from Monday to Friday, during office hours, from 9 to 18.
The shipment is made with practical and safe packaging that guarantees impact resistance.
Information in accordance with Annex I part B of Legislative Decree 21/2014
You have the right to withdraw from the contract, without giving any reason, within 14 days.
The withdrawal period expires after 14 days from the day on which you or a third party other than the carrier and designated by you acquire physical possession of the goods.
To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by means of an explicit declaration.
Contact details for the communication of the exercise of the right of withdrawal:
Coop. A.P.O.M. a r.l.
Via Del Vespro, 6 is. 290 – 98122 Messina – Italia
To meet the withdrawal deadline, it is sufficient for you to send the communication relating to the exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, you will be reimbursed for all payments you have made to us, including delivery costs except for additional costs arising from your choice of a type of delivery other than the least expensive type of standard delivery by us offered, without undue delay and in any case no later than 14 days from the day on which we are informed of your decision to withdraw from this contract. These refunds will be made using the same payment method you used for the initial transaction, unless you have expressly agreed otherwise; in any case, it will not incur any costs as a consequence of this reimbursement.
The refund may be suspended until receipt of the goods or until the Consumer has demonstrated that he has returned the goods, if earlier.
Please return the goods to Coop. A.P.O.M. a r.l. Via Del Vespro, 6 is. 290 - 98122 Messina - Italy, without undue delay and in any case within 14 days from the day on which you communicated your withdrawal from this contract. The deadline is met if you send back the goods before the 14-day period has expired.
The direct cost of returning the goods will be at your expense. This cost is estimated to be equal to a maximum of about 15.00 (fifteen) EURO.
You are only responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.
Model withdrawal form
Pursuant to Article 49, paragraph 1, lett. h) of the Consumer Code pursuant to Legislative Decree 206/2005 and subsequent amendments.
(complete and return this form only if you wish to withdraw from the contract)
Coop. A.P.O.M. a r.l.
Via Del Vespro, 6 is. 290 – 98122 Messina – Italia
I / we hereby notify the withdrawal from my / our sales contract of the following goods
Ordered on ____________________________________________________________________
Received on ____________________________________________________________________
Consumer name ____________________________________________________________________
Consumer address ____________________________________________________________________
Signature of the consumer (s) (only if this form is notified on paper)