Terms of Sale
1. Introduction
These Terms of Sale govern your relationship with Paeonia Ltd (a company registered in Bulgaria and VAT number 202621253 and whose registered office is at Sofia, Velsec Street 40 ("Cibusitalico", "we", "our" or "us") and all orders that you may make for the food, drinks and products advertised for sale by us (the "Products") via the Cibusitalico website, www.cibusitalico.com (the "Website") which can also be accessed through a number of other uniform resource locators (“URLs”). Please read these Terms of Sale carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms of Sale, please do not order from Cibusitalico.com
1. Revisions
We reserve the right to revise these Terms of Sale from time to time as explained further in paragraph 13 below. Please check periodically for changes. If you do not agree with any of the revised terms please do not order from Cibusitalico . These Terms of Sale were last updated on 26 August 2014.
2. Registration
2.1. You have the option to register with us. This is referred to as 'create an account' throughout our Website and literature. However, this is not a credit account; payment will be required upon ordering of goods. This account can be set up by following the instructions on the Website.
2.2. To register with Cibusitalico you must be over eighteen years of age or older if your local law requires. If you are a business, you must be operated by a person over eighteen years of age or older if your local law requires.
2.3. You must ensure that the details provided by you on registration or at any time are correct and complete.
2.4. You must inform us promptly of any changes to the information that you provided when registering by updating your personal details, within the order deadlines specified on our Website.
2.5. The personal and payment details you give to us are governed by a strict privacy policy - please refer to our Privacy and Cookies policy.
2.6. Following your set up of an account, we will email confirmation of your account set up to you. For your records, please print or save this email. For your records, please also print or save these Terms of Sale for your future reference. Please check periodically for updates.
3. Password and security
3.1. When you register to use the Website you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting us immediately. We would also suggest that you also change your password immediately through the “My Account” section of the Website.
3.2. If Paeonia Ltd has reason to believe that there is likely to be a breach of security or misuse of the Cibusitalico.com Website, we may require you to change your password or we may suspend or cancel your account.
3.3. The auto login facility is provided for your convenience. If you enable it, you remain liable for all activities and orders which are submitted to your account. You should therefore only enable auto login on your machine if you are sure that it will not be misused by anybody else. We do not advise enabling auto login if you use a shared computer.
4. Payment
4.1. Payments are handled by wire transfer or by Paypal. You must ensure that Paypal are provided with details of a valid credit or debit card accepted by Paypal. We accept no liability for card security if card details are emailed to us as email is by nature insecure.
4.2. Your credit card and payment details will be handled directly by Paypal. PayPal automatically encrypts your confidential information in transit from your computer to theirs using the Secure Sockets Layer protocol (SSL) with an encryption key length of 128-bits (the highest level commercially available). Once your information reaches Paypal, it resides on a server that is heavily guarded both physically and electronically. More information about data security is in our Privacy and Cookies Policy or on the Paypal website.
Your card will automatically be charged for the goods which you have ordered upon ordering. We cannot, however, accept any liability for how long it takes the bank to process the payment.
4.3. We reserve the right to suspend deliveries to you and/or terminate our agreement with you if we are refused authority from your card issuer for payment or we reasonably believe that payment will be refused. You agree to compensate us in full against any and all reasonable costs and expenses (including reasonable legal) costs and expenses that we may incur in obtaining payments due from you that you have not made in accordance with your agreement with us as set out in these Terms of Sale.
5. Product purchases
5.1. You must be over the age of eighteen to purchase alcohol, or older if your local law requires, from Cibusitalico . If you have ordered alcohol from us and cannot be at home at your selected delivery time, it is your responsibility to ensure that a suitable person aged at least eighteen, or older if your local law requires, is there to receive the order.
5.2. You may submit orders for Products by using our online ordering facility on the Website at any time. The facility and our communications to you in relation to any order or contract will be in the Italian or English language. The facility allows you to review your order and make any corrections before submitting it to us and by submitting the order you confirm that you have made any such corrections.
5.3 Each Product for which you click 'Add to cart' is added to a 'shopping cart' facility. You are given the opportunity to review the quantity, shipping address and potentially delivery date of each item in your shopping cart when you choose 'view cart'. You can change these, or cancel the purchase of each of the Products completely, at this stage, at any time before clicking 'place order now'. After you have clicked 'place order now' and after our acceptance of your order and your payment, items are added to your delivery in addition to any items that you have previously ordered but have not yet been shipped.
5.4. Your submission of an order amounts to an offer to enter a contract to buy the Products from us; subject to paragraph 5.3, you cannot then withdraw or cancel your order except as stated below.
5.5. No order is accepted from you until our Website displays an order confirmation message. This message is displayed after you click 'place order now' during the checkout process and submit your payment information. When you order by telephone, your order will be accepted (or rejected, as the case may be) verbally by our staff. A contract for our sale of Products to you arises on our acceptance of your order.
5.6. Where we accept an order, we do all that we can to ensure that your order is fulfilled. Products are, however, subject to availability and market conditions and we do not always know if a Product is or will be available at the time of accepting an order. We will bear no liability for unavailability of Products.
5.7. Subject to clauses 5.8 below, the price that we charge you for the Products will be the price stated by us on the Website prior to you clicking the 'place order now' button.
5.8 All Products offered by us are subject to seasonal changes in supply levels and supply prices. The Website still allows you to review all the Products (and their prices) that you have already ordered from us.
5.9. Ordering a Product from us carries with it the obligation to pay for it unless we receive from you a cancellation of or change to your orders before the Products are shipped. Except on weekends and holidays, Products are usually shipped shortly after the order is received but no later than 24 business hours. You remain responsible for ensuring that any such change or cancellation is not only transmitted by you, but received by us, in time. We reserve the right to deliver and charge in full for any order unless we have received notice of cancellation before shipping it. This is important since, typically, we may obtain some of the Products especially to fulfill your order and may not be able to sell the Products elsewhere. Any payments you have made for orders which have been properly cancelled will be recredited to you. Despite the foregoing, if you are a Consumer, then you may also cancel the order in accordance with paragraph 9.3 below insofar as the order is for non-perishable Products.
5.10. Despite the above provision, you are entitled to cancel a payment for Products where fraudulent use has been made of your payment card by a person not acting, or to be treated as acting, as your agent. If you have already made a payment where your payment card has been so fraudulently used, then you should approach your card issuer for recredit to your card.
5.11. We sell to end users and our Products are not for re-sale unless you are registered with us as an approved seller. You warrant that you shall not re-sell any of the Products without our prior written consent.
5.12. All prices for Products are inclusive of Bulgarian VAT. You may be required to pay applicable taxes on Products shipped to you if your delivery address is outside of Bulgaria.
6. Delivery of Products and inspection by you
6.1. We will make delivery to your address as stated when you create an order or set up an account, update that address or enter multiple delivery addresses. We reserve the right not to deliver to all locations. You are responsible for making suitable arrangements to receive your delivery and giving us appropriate instructions. We reserve the right to refuse to accept orders from any customer; considerations of delivery problems may give rise to such a refusal. Any changes to address details must be made before the order is shipped.
6.2. If we are unable to deliver to you, or have to deliver late, for reasons beyond our control, for example adverse weather conditions, strike actions, vehicle breakdown, traffic congestion, supplier failure or delays at our logistics partners, we cannot accept liability for any inconvenience or loss that this causes.
6.3. We will not charge you for incorrect Products (Products that you have not ordered and substitutes for those Products which substitutes are not acceptable to you) or Products which we have not delivered in accordance with these Terms of Sale. Otherwise our liability in respect of incorrect delivery is limited to the price of the incorrect Products or the Products not so delivered subject as provided in paragraph 10 below.
6.4. You must inspect the Products as soon as possible after delivery and notify us promptly if you find any defects, by calling us, emailing us or writing to us at the telephone number or address shown on our Website. We will replace or refund you for defective Products. Otherwise our liability is limited as provided in paragraph 10.
7. Excluded services
7.1. It is your responsibility, at your cost, to obtain computer, internet connectivity, telecommunications or other necessary equipment or services to access the Website.
8. Availability of the Website
8.1. Although Paeonia Ltd aims to offer you the best service possible, we make no promise that our Website services will meet your requirements and we cannot guarantee that the service will be fault free. If a fault occurs in the service, please report it to us (see our Website for contact details) and we will correct the fault as soon as we reasonably can.
8.2. Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our Website is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order via email info@Cibusitalico .com or telephone (+35 924762587).
9. Cancellation rights
9.1. Paeonia Ltd may suspend or cancel any accepted order or your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms of Sale.
9.2. You can cancel your registration with us at any time by informing us in writing.
9.3. All of our Products are covered by guarantee for defect or imperfection. All our Consumers have the right to recede from the contract according to article 5 of the D.L 22 May 1999, n. 185. This Act allows for the return of the Product, within 10 days of receipt of the Product and by registered post to Paeonia Ltd. in order to obtain the replacement of the Product by another or the refund of the amount paid. Returned Products must be in the same condition as shipped and must be wrapped in their original packaging. Paeonia can only accept returned Products that have not been tempered with.
9.4. The suspension or cancellation of your registration shall not affect your and/or our rights or liabilities accrued to the date of suspension or cancellation or any orders submitted by you before we received notice of your cancellation, and you will continue to be bound by such orders.
10. Warranties and Paeonia's liabilities
10.1. Whilst Paeonia tries to ensure that material included on the Website or in any other catalogue or materials is correct, we cannot accept responsibility if, despite our endeavours, this is not the case. Without prejudice to your statutory rights (see paragraph 11, below), Paeonia may correct any inaccuracies and/or errors and we will not be responsible for any such inaccuracies and/or errors or for the results obtained from the use of such information or for any technical problems you may experience with the Website.
10.2. We warrant that the Products will be of satisfactory quality and, therefore, if the Products which you purchase from us are unsatisfactory, faulty or defective you should notify us in accordance with paragraph 6.4. We will replace the unsatisfactory, faulty or defective Products or refund the price of the unsatisfactory, faulty or defective Products.
10.3 The warranty in paragraph 10.2 above does not apply to faults or defects which been caused by your mis-use and/or neglect of the Products or by accidents caused while the Products are in your possession.
10.4 We will not be liable to you by way of representation (unless fraudulent), law duties or under any express or implied term of the contract for:
any losses which are not foreseeable by you and us when the contract for the supply and purchase of the Products is formed arising in connection with the supply of Products and related services or their use by you;
any losses which are not caused by any breach by us; or
business or trade losses (including, without limitation, loss of profits, loss of goodwill, loss of reputation and loss of business).
10.5 Subject to the provisions of paragraph 10.6, our entire liability in connection with the contract for the supply and purchase of Products will not exceed the purchase price of the Products in question.
10.6 Nothing in these Terms and Conditions means that our liability to you for death or personal injury resulting from our negligence or that of our employees, agents or subcontractors is limited.
10.7. We shall not be liable for any delay or failure in the performance of our obligations due to events beyond our reasonable control such as but not limited to fire, flood, adverse weather, acts of God, strikes, labour disputes, riots, civil unrest, accident, disruption to energy supplies, equipment or supplier failure, road traffic problems, terrorism or war.
11. Your statutory rights
11.1 If you are a Consumer (an individual acting outside of the course of your business or trade), there are certain terms implied into your contract with us, which we cannot exclude, or limit.
11.2 It is important for you to know that nothing in these terms affects your statutory rights.
12. Applicable law
12.1. These Terms of Sale are governed by material Italian law, excluding the applicability of rules of Conflict of Laws.
12.2. The courts of Sofia, Bulgaria, shall have exclusive jurisdiction for all disputes arising from or in connection with these Terms of Sale.
13. Miscellaneous
13.1. You may not assign, sub-license or otherwise transfer any of your rights under these Terms of Sale.
13.2. If any provision of these Terms of Sale is found to be invalid by the courts having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms of Sale, which shall remain in full force and effect.
14. Amendments
We may update these Terms of Sale from time to time by posting the updated Terms of Sale on our Website in place of these. The changes will apply to the use of the Cibusitalico.com Website after the new Terms of Sale have been posted. If you do not wish to accept the new Terms of Sale, you should not continue to order from Cibusitalico.com or use the Cibusitalico.com Website. If you continue to use the Cibusitalico.com Website after the date on which the change comes into effect, your use of the Cibusitalico.com Website indicates your agreement to be bound by the new Terms of Sale.
15. Allergens
Paeonia Ltd will not in any way be responsible for any food allergies you have. It is your responsibility that you do not order Products you are allergic to.
