Terms & conditions
General Terms and Conditions of Sale
The terms and conditions of sale set out below explain the rights, obligations, exclusions of warranties and responsibilities that may apply to the customer.
By placing an order for a product on the JussiGourmet.com website, the customer accepts the following conditions.
- General Conditions – Definitions
In the terms and conditions of sale
Jussi Gourmet’, the company
CHANTY 1221 DI CHANTAL MARIA SABRINA MACCARRONE
Via Carlo Jussi 10/E
40068 San Lazzaro di Savena (BO)
V.A.T. Number and Tax Code: IT03968341200
REA BO 559470
Customer: the person (a natural or legal person) who places an order for Products or Services through this website and whose order is accepted by Jussi Gourmet;
Contract: the contract containing these terms and conditions, concluded upon acceptance by Jussi Gourmet;
Products: the consumer goods sold on the Jussi Gourmet website;
Jussi Gourmet web site: the web site accessible via the URL Jussi Gourmet.com;
Services: the services provided by Jussi Gourmet through the Jussi Gourmet web site, such as delivery or packaging services;
Terms: refers to these terms and conditions of sale;
Day: a calendar day.
- Application of terms and conditions
2.1 The Customer’s order for Products or Services, whether placed through the site, is subject to these Terms. No other terms or conditions shall apply. These Terms supersede any different terms or conditions referred to by the Customer or at any stage of the transaction.
2.2 The Customer has the right to notify the Seller of their wish to withdraw from the purchase, without penalty and without having to provide reasons within 14 (fourteen) working days from the date of delivery. The costs of returning the product shall be borne by the customer who withdraws from the contract with the reason ‘reconsideration’. For further information on returns, please refer to articles 17 and 18 below or contact Jussi Gourmet at firstname.lastname@example.org.
- Amendments to Terms
3.1 These Terms, including the terms of payment, warranty and guarantee benefits, may be changed by Jussi Gourmet without notice. Jussi Gourmet also reserves the right to change the terms of separate Product warranties at any time. Jussi Gourmet may provide notice of changes to the Jussi Gourmet Site, the Terms and other information by displaying such notices or hyperlinks to the notices or by simply posting the changes on the Jussi Gourmet Site. You should therefore frequently review the content of the Jussi Gourmet Web Site and these Terms. Contracts concluded on the basis of these Terms will remain unaffected.
3.2 Particular attention has been paid to the accuracy of the information available on the Jussi Gourmet Web Site. However, such information may contain inaccuracies or typographical errors, including errors relating to prices. Jussi Gourmet will not be liable for such errors or inaccuracies. Jussi Gourmet and its third-party suppliers may make improvements and/or changes in the Products, Services, Service Plans, Prices and other information on the Jussi Gourmet Web Site at any time. The updating of the Jussi Gourmet Site will include periodic changes to such information.
- Modification of product and availability information
4.1 The Products are constantly updated and modified by Jussi Gourmet. Jussi Gourmet is entitled to update and/or modify and/or suspend the sale of Products and/or accessories at any time. Jussi Gourmet may change the prices of the Products listed as available on the Jussi Gourmet Web Site at any time. A price remains valid only for the day on which the Customer visits the page of the Jussi Gourmet web site displaying that price or for the day on which the Customer is notified of the price by Jussi Gourmet.
4.2 Jussi Gourmet undertakes to ensure the availability of Products. However, the availability of Products varies constantly and different Products or groups of Products may have different availability. All orders are subject to the availability of the relevant Product(s). Jussi Gourmet reserves the right to prioritize orders and to allocate limited stocks for orders as it sees fit.
4.3 Weights and measures shown on Jussi Gourmet’s website are approximate.
5.1 The prices of the Products reflect the current prices valid at the date and time of the Customer’s order acceptance. These prices may be specified on the Jussi Gourmet web site or at the time of confirming the purchase of the Product, but the final price will be the price notified to the Customer by Jussi Gourmet at the time the order is accepted by Jussi Gourmet. Any indication of incorrect prices on the Jussi Gourmet web site will be considered null and void and in the event that an order is placed for a Product for which the price is incorrect, the correct price, as determined by Jussi Gourmet, will be notified to the Customer and, if the Customer wishes to proceed with the order, the incorrect price will be substituted.
5.2 The prices of the products include VAT, but do not include shipping and handling costs, transport insurance, taxes or costs imposed by any authority, unless otherwise specified. The Customer agrees to pay the costs for the transport and handling of the Products and any other costs described above during the final stages of the order.
5.3 Prices are quoted in Euros.
- Modalità di pagamento
Jussi Gourmet allows the following payment methods:
- Payment by Credit Card and Debit Card;
- Payment via PayPal;
- Termini di pagamento
7.1 Electronic payments by Credit Card, Debit Card, are made through highly secure electronic systems, with SSL encryption, provided by PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24-Boulevard Royal L-2449, Luxembourg. Jussi Gourmet does not store any data in order to guarantee the security of your personal data. Jussi Gourmet is independent of the company offering the above-mentioned payment services.
- Confirmation of receipt of order, acceptance of order, conclusion of contract
8.1 All orders for products placed by the customer with Jussi Gourmet are subject to acceptance by Jussi Gourmet.
Jussi Gourmet reserves the right, at its sole discretion, to accept or refuse orders or to inform the Customer that it is unable to process orders.
8.2 Jussi Gourmet may send the Customer confirmation of receipt of an order by e-mail or other means (including telephone). This confirmation of receipt may be generated automatically and does not constitute acceptance of the order. The Jussi Gourmet website provides various automatic tools for identifying and reporting certain types of typing errors before an order is placed. These tools do not allow the identification of all errors or possible omissions and it is therefore necessary for the Customer to check the accuracy and completeness of the information entered in the order.
8.3 Acceptance of the order may be communicated by Jussi Gourmet by e-mail or in writing. Jussi Gourmet reserves the right to verbally confirm or accept (by telephone) orders placed via the Call Centre or fax.
8.4 Any contract is dependent and conditional on Jussi Gourmet checking the availability and acceptance of the Customer’s order and credit card or other payment details. Unless and until Jussi Gourmet confirms acceptance of both of these aspects, Jussi Gourmet is under no obligation to provide Products or Services. In the event that a Customer has chosen to pay by a method other than credit card (and Jussi Gourmet has accepted this payment option), Jussi Gourmet will be entitled to consider the order or the Contract as cancelled and will inform the Customer whether or not Jussi Gourmet has received such payment within ten days of the date of confirmation of the relevant order.
8.5 Order files, order acknowledgements and Contracts (including acceptances of these Terms and orders) are kept by Jussi Gourmet for a reasonable period of time after delivery. The Customer can find this information in the Customer Area. Although Jussi Gourmet can provide the Customer with a copy of the Customer’s Contract if necessary (and only upon written request), such material is generally not made available to Customers. As proof of purchase, you should keep a printed copy of these Terms with a copy and/or note of your order, confirmation of receipt of your order, acceptance of your order and acceptance of your payment method.
- Account information
The Customer is solely responsible for
- the truthfulness, accuracy, up-to-dateness and completeness of the information provided about him/her as requested in the account details section of the Jussi Gourmet website;
- your full legal capacity to enter into the contract and to understand the Terms, for which you must tick the relevant box;
- maintaining and promptly updating the Account Information to ensure its accuracy, currency and completeness. The Customer is solely responsible for the security of all passwords provided to the Customer for the purpose of facilitating the purchase of Products or for other purposes through the Jussi Gourmet website.
Jussi Gourmet will not be liable for any unauthorised use of passwords.
10.1 Products will be delivered to the addresses in the countries indicated in Jussi Gourmet’s shopping cart. Jussi Gourmet will choose a reliable carrier and appropriate means of transport for the delivery at its own discretion. Jussi Gourmet may deliver the Products in several shipments in any sequence. If Products are delivered in instalments, each instalment will constitute a separate Contract. No failure by Jussi Gourmet to deliver an instalment or instalments will result in a change to the Contract in respect of previously delivered or undelivered Products. If Jussi Gourmet notifies the Customer of its inability to meet the delivery of any instalment of Products, the Customer will be deemed to have accepted the instalments already delivered.
10.2 There is an additional charge for delivery to Small Islands or other inconvenient locations. Depending on the country, these additional costs will be indicated in the shopping cart before the order is confirmed.
- Delivery date
11.1 For each product on Jussi Gourmet, an estimated shipping date is given, i.e. the date on which the order leaves the warehouse. For this reason, some products have a non-immediate shipping date, depending on the country of delivery.
11.2 If, for reasons of force majeure, some products cannot be delivered, Jussi Gourmet may choose to modify or cancel the order, in agreement with the Customer. Jussi Gourmet’s sole obligation in the event of modification or cancellation of an order is to reimburse the Customer, who has already paid.
- Prohibition of purchase for resale
The platform is intended exclusively for the sale of products by Jussi Gourmet to end consumers. The purchase of products for resale is strictly prohibited, where purchase for resale means the purchase of products by a person who resells or intends to resell the products to others (consumers, companies or third parties). If Jussi Gourmet believes that the customer is involved in purchasing for resale, Jussi Gourmet reserves the right to take measures, including but not limited to restricting the customer’s sales, cancelling the customer’s orders and/or suspending or closing the customer’s account.
- Order cancellation before delivery
The Customer may cancel orders free of charge and without justification, provided that the Products have not yet been shipped, or if the order status is “in progress” or “pending”, by contacting the Call Centre. The customer service operator will request the cancellation of the order from the warehouse. If the cancellation is successful, a confirmation email will be sent and the cancellation will be free of charge. If it is not possible to proceed with the cancellation, the Products will be delivered and the Customer will be able to return them in accordance with the withdrawal procedure set out in Article 16 below.
- Acceptance of the Products by the Customer
Upon delivery, the Customer is responsible for checking that the packaging has not been damaged. If it appears that the Products have been damaged, the Customer is requested not to accept the shipment. It is the Customer’s responsibility to check the condition of the Products upon delivery and to ensure that the contents of the Product box are complete. The Products shall be deemed accepted by the Customer upon delivery, in good condition and complete with all accessories, components or other items forming part of the Products and packed with them and otherwise in accordance with the Contract, unless at the time of delivery immediately thereafter the Customer has inspected the Products and notified Jussi Gourmet or the carrier of any defects or deficiencies.
- Right of withdrawal and return criteria
15.1 The Customer may return the purchased Products and obtain a full refund of the amount actually paid for the purchase of the Product within 14 (fourteen) working days from the moment the Customer received the Product, provided that the following conditions are met
– the Customer must advance, prior to any refund of the price of the Product by Jussi Gourmet, the costs of transport and delivery of the Product and will be responsible for all risks of loss, theft or damage to the Products during transport;
15.2 In the event that the returned Products are:
damaged or used
not in a normal state of preservation
returned after the term of 14 (fourteen) working days;
without packaging or adequate packaging;
with damaged or missing parts, including components, accessories, packaging, documents and/or other items;
if the shipping costs have not been paid in advance.
Jussi Gourmet reserves the right to refuse to refund the purchase price of the Product or to charge the Customer for the cost of repair, replacement or shipping costs. In this case, Jussi Gourmet will be entitled to deduct these costs and expenses from the amount to be refunded to the Customer.
15.3 Upon return of the Products, Jussi Gourmet may, in accordance with the above conditions, refund the amount of the purchase price paid to Jussi Gourmet, less any sums and costs due to Jussi Gourmet (as defined above), by crediting this amount to the Customer’s credit card or bank account or by other means. If the reason for the return is attributable to an error on the part of Jussi Gourmet, Jussi Gourmet will refund the full purchase price, including any charges paid to Jussi Gourmet by the Customer.
- Exceptions to the right of withdrawal and cancellation
The right of withdrawal will not apply if the Customer has purchased customised or manufactured Products at the Customer’s request/indication. Similarly, customised orders cannot even be cancelled prior to dispatch, as the construction of the Products is initiated at the time of the order.
- Garanzie e prestazioni di garanzia
17.1 The products are covered by the legal guarantee of conformity as provided for by the Consumer Code.
- Limitation of liability
These Terms contain all duties and obligations arising out of Jussi Gourmet’s delivery or non-delivery of the Products. Jussi Gourmet (or any third party) will not be liable to the Customer for:
- indirect, incidental, consequential, punitive or exemplary damages or loss of income, profit, business, turnover, contracts, reputation, use, enjoyment, time, data, electronically transmitted orders or other economic advantages (even if Jussi Gourmet has been informed of the possibility of such damages), however caused, by gross negligence, unavailability of the Product or caused in any way and under any theory of liability, whether in contract, tort or otherwise;
- failure to use the Products or inability to order Products through the Jussi Gourmet website or other means;
- the cost of acquiring replacement goods and services as a result of Products, data, information or services purchased or obtained, or messages received or transactions entered on a Jussi Gourmet website or other tool;
- unauthorised access to or alteration of the transmission or data, or statements or behaviour by any third party regarding any matter related to content downloaded from the Jussi Gourmet website or other tools;
- Extraordinary events
19.1 An Extraordinary Occurrence shall mean any act or event beyond the reasonable control of Jussi Gourmet, including but not limited to strikes, lockouts or other industrial action by third parties, civil commotion, riots, invasions, terrorist attacks or threats of terrorist attacks, war (whether declared or not), or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster or failure of public or private telecommunications networks.
19.2 In the event of the occurrence of such an exceptional event, Jussi Gourmet will
- contact the Customer as soon as reasonably possible,
- will suspend its obligations under these terms and extend the time limit for performance for the duration of the event beyond Jussi Gourmet’s control.
19.3 If the event affects the delivery time, Jussi Gourmet will arrange with the Customer a new delivery date following the resolution of the exceptional event. If, following the occurrence of such an event, the Customer no longer wishes the Products to be delivered, he/she may cancel the order in accordance with article 14 “Cancellation of orders before delivery” above.
20.1 Either party (such as the Customer or Jussi Gourmet) may send notices or communications to the other party by e-mail, post or mail. Notices or communications must be sent to the last contact details specified by the receiving party.
20.2 Notices and communications will be deemed to have been received by the recipient (depending on applicability):
- if by courier, on the date of delivery to the last address specified by the recipient before posting;
- if by post, 5 (five) working days after the date of postal registration (for area post, delivery receipt required) at the last address specified by the addressee before posting;
- if by mail, to the last address specified by the addressee before transmission, with proof of delivery represented by the appropriate delivery report.
- Communications by electronic mail shall be deemed to have been received by the addressee when the following condition is satisfied: receipt by the sender of the delivery message indicating successful delivery to the designated recipient’s email address;
20.4 At any time the sender receives notification that the e-mail message has not been delivered to the addressee, the e-mail message shall not be deemed to have been received by the addressee.
20.5 Orders cancelled by the Customer by e-mail will not be considered effective unless they are accepted by Jussi Gourmet in good time.
20.6 Jussi Gourmet may, at its discretion, accept orders and confirm receipt, as well as accept or make other communications by telephone. Telephone communication by Jussi Gourmet will be considered just as effective as written communication.
20.7 No failure or delay by either party in requiring objective interpretation of any of these Terms or in exercising any right, power or remedy under these Terms shall operate as a waiver of that principle, nor shall any single or partial exercise by either party of any right, power or remedy preclude further or different exercise of that principle or the exercise of any other right, power or remedy. Without limitation, no waiver by either party of a breach of any provision included in these Terms shall operate as a waiver of any subsequent breach of such provision or any other Term.
- 8 In the event that one or more of these Terms is determined to be wholly or partly illegal, invalid, unenforceable or prohibited in any respect by applicable law or regulation or is determined to be wholly or partly illegal or unenforceable by applicable law or regulation in any jurisdiction or country or in respect of any class of persons, such provision or part thereof shall to that extent, and only to the extent that no other interpretation is possible which would make it legal, valid and enforceable (and only in respect of such jurisdiction or country or class of persons) be deemed not to form part of the Contract. The legality, validity or enforceability of the remainder of these Terms or the remainder of the relevant Term shall not in any way be affected or impaired by this principle (in relation to that jurisdiction or country or class of persons). The legality, validity or enforceability of this provision under the applicable laws of any other jurisdiction or country or class of persons shall not in any way be affected or impaired thereby.
- Statutory rights
These Terms do not affect (and should not be construed to affect) the statutory rights of the Customer, which may not be waived or limited by contract.
The concluded contract is subject to the Italian Law.
Any dispute that will not find an amicable solution will be subject to the exclusive jurisdiction of the Court of Ferrara (Italy), subject to the application of mandatory rules, including the Consumer Code.
In any case, it is possible to optionally resort to the mediation procedure under Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these conditions of sale.
- Vexatious clauses
The requirement of the specific written approval of the vexatious clauses is satisfied by the obligatory ticking of the relative boxes present in the phase of compilation of the order.