General conditions of Sale

General conditions

The users of the Services offered on Cibox.it declare that they know and accept the present conditions of sale drafted in accordance with Italian law decree d.lgs 206/2005 “Consumer Code” and the successive modifications and additions.
 

Owner and supplier of the services offered by Cibox.it

Cibox s.r.l.
Registered Office in Viale Papa Giovanni XXIII, 94/D - 24121 - Bergamo (BG) Italy
Operative headquarters in Galleria Fanzago, 30 - 24121 - Bergamo (BG) Italy
REA N°: BG-445891
VAT N°: IVA IT 04225850165
Share capital: 50.000,00 Euro (i.v.)
Contact email: servizioclienti@cibox.it

Cibox.it is an online sales services for food & beverage products, wines, oils, beers and alcoholic and alcohol-free drink as well as derived and correlated products.
 

Intellectual property

All the brands present on Cibox.it, figurative or nominative, and every other name or commercial denomination, illustration, logo or image appearing on the site remains the exclusive property of the Owner or of its licensees and is protected by the legislation in force regarding brands as well as the relative international rules and regulations.
 

Content supplied by third parties

The Owner does not carry out any moderation or preventative checks on the content and the links supplied by third parties and does not bear responsibility for them or guarantee that they are accessible.
 

Content supplied by the User

The User is responsible for their own content and that of third parties which they might share on Cibox.it, by whatever means. The User acknowledges that the Owner bears no responsibility whatsoever in relation to the unauthorised and/or illicit sharing of third party content or any illicit use of Cibox.it. The Owner does not carry out any type of moderation but undertakes to intervene on receipt of complaints by other Users or as directed by the competent authorities in relation to offensive or illicit content.
The Owner reserves the exclusive right to use the content supplied by the User for the actions essential to the functioning of Cibox.it and for the supply of the services requested.
 

Use of the site and registration

Navigation on Cibox.it is free and not subject to any form of registration. Only in order to finalise a purchase must Users register themselves, giving all of the data requested on the relative registration form, in a complete and truthful manner, and wholly accepting the present General Conditions of Sale and the Privacy Policy of Cibox.it, which is available in full at this link.
The User undertakes to take extreme care to protect their access credentials. The Owner in any case never possesses or stores the financial data of the User.
 

Age limits

The User declares that they are over eighteen years of age or of legal age, according to the applicable national law. To make a purchase on Cibox.it the User declares and guarantees that the person receiving the delivery is of legal age according the national law that applies.
Cibox.it promotes the responsible use of alcohol and expressly requires the declaration of the respect of the legal age limits for the purchase of alcohol, excluding any responsibility on its part except in the case of wilful misconduct or gross negligence in the case of a purchase made in violation of the present General Conditions of Sale, on the part of minors.
 

Terms of use of cibox.it services

Cibox.it constantly updates the information regarding its products, but it cannot ensure the total absence of errors for which, by extension, it cannot be considered responsible, except in the case of wilful misconduct or gross negligence.
Cibox.it reserves the right to correct errors, modify or update information at any moment without prior warning, even after an order has been dispatched, while still respecting the rights of the Client under the “Consumer Code”.
The Service is supplied “as is”, without any explicit or implicit guarantee on the part of the Owner regarding its accuracy or availability.
Interruption of Service, the Owner reserves the right to add, remove or change functionality or features, and reserves the right to suspend or interrupt, temporarily or permanently, the supply of the Service.
The User is not authorised to copy, reproduce, duplicate or resell any content of Cibox.it without the express permission of the Owner.
 

Cancelation and/or closure of a user account

The Owner reserves the right to suspend or cancel the account of a User without any prior warning, at any moment, in the case of a violation of the present General Conditions of Sale in relation to the modality of use of the service.
Users may, at any time, interrupt use of the Service, disactivate or cancel their own account by accessing their profile or request the cancellation of an account by contacting Cibox.it Customer Services via email at servizioclienti@cibox.it
 

Cibox.it commercial policy

Cibox.it carries out its business of indirect electronic commerce (that is via the physical transfer of material goods, delivered by traditional means) to its own users who are the “final consumers”. Such sales are not subject to the obligation of tax certification (via a receipt) according to Italian law under art. 2, par. 1, let. oo of the Presidential Decree 696/1996.
Furthermore Cibox.it is not obliged to issue an invoice, unless requested by the client, no later than at the time of purchase, as set out under Italian law by art. 22, par. 1, n. 1 of Presidential Decree 633/1972. Users wishing to receive a tax certification can choose to request the issue of an invoice at the time of the payment operation or from their personal panel before the moment of shipment of goods.
The Owner reserves the right not to carry out orders from subjects other than the “consumer” or in any case any order which is not in accordance with the Cibox.it commercial policy.
 

Product availability and features

The prices, descriptions and availability indicated on the relative page of each product are subject to change without prior notification. The images of the products are only indicative for the purpose of selling and may not precisely conform to the features, quality and colour of the real products due to the effect of the Internet browser and monitor used or to errors caused during the loading of the page. Users must check the final price of sale before sending their order form.
Product prices are inclusive of taxes and duties. All prices are displayed in Euro.
 

Contrat of purchase

The order sent constitutes an offer to purchase products and is subject to acceptance at the discretion of the Owner. The automatic receipt confirms only that the order is being processed and does not constitute any form of acceptance. The conclusion of the contract occurs only when the “Order Confirmation” is sent by the Owner to the email address supplied by the User.
By sending the order for Users confirm that they know and accept the Conditions of Sale, Conditions of Use and the Privacy Policy of Cibox.it and any further information including that supplied via links.
Purchase requests coming from some foreign countries may not be accepted for tax, legal or commercial reasons.
The Client gives up any right to compensation or damages, as well as any contractual or extracontractual responsibility of the Owner for direct or indirect damages deriving from orders not being accepted or completed, whether partially or wholly.
 

Means of purchase

Users, in selecting products and quantities and proceeding to check-out, must accurately verify and if needed modify the data contained in their order form. Confirm orders only after reading the General Conditions and Privacy Policy and after having confirmed their acceptance, as the order is subject to payment of the price, including taxes and delivery costs, via the payment methods made available.
On conclusion of the contract, the Owner will email the User an order receipt, containing a summary of the order displaying the relative essential characteristics of the product, indicating the price, payment method chosen or used and the delivery charges.
The Owner may not complete the execution of the purchase order, informing the User of this via the email address associated with the order, explaining the reason for the refusal of the order, or the lack of availability of one or more of the products ordered. In such a case the Owner will reimburse the User for the price and the delivery charges.
 

Order execution

The Order is executed in the terms set out in the summary page and defined in the email of Order Confirmation, provided that the product ordered is available. The Owner is not in any way responsible for damages to the User caused by any delays in the delivery of the product that are due to accidents or transport problems that could not have been expected by the parties at the moment that the Order Confirmation was sent.
 

Payment methods

For payment of the price, inclusive of taxes, and of delivery charges, the payment methods indicated on the order form can be used.
In the case of payment by credit card, all of the financial information (for example credit/debit card number or expiry date) will be forwarded, via encrypted protocol, directly to the online payment service PayPal or PayPlug, so that third parties may not cannot access it in any way whatsoever.
Such data will never be held by the Owner, who will refer to the PayPal or PayPlug circuit to issue a refund in the case of product returns, following Users exercising their right of cancellation, or for any other reason that a refund may be requested.
In the case of Users making payment via their PayPal accounts, Cibox.it memorizes the code of recognition matched to those PayPal accounts, simply in order to be able to automatically direct Users to their PayPal accounts in the case of future purchase. Users can revoke the authorisation to do this at any time, expressly requesting this in writing at servizioclienti@cibox.it
In case of payment via bank transfer the order completion will be suspended until the payment has been credited to the account of the Owner, for a maximum period of 5 days. The User must be aware that this method of payment causes a significant delay to the delivery of the goods ordered and that the order is subject to automatic cancellation should the credit transferred not appear in the account of the Owner after a waiting period of 5 days from the date of order. Bank transfers must be made here:
Account holder: Cibox srl - Viale Papa Giovanni XXIII, 94/D - 24121 - Bergamo (BG) Italy
IBAN: IT93 I030 6911 1001 0000 0016 984 - BIC: BCITITMM
 

Order fulfillment

Cibox.it fulfils orders as quickly as possible.
Orders received by 12.00 midday in which all of the articles requested are available in stock will be sent out on the same day, orders received after 12.00 will be sent out the next day.
 

Delivery methods

Deliveries are made to the address supplied by the User, by the express courier engaged, during normal working hours, according to the means chosen during the order process and as specified on the order confirmation.
Should it not be possible to make the delivery, and should the goods not be collected within the terms established under the conditions of transport, the products will be sent back to the Owner, who will refund the price paid net of the delivery charges, deposit charges and return charge.
The Owner is not responsible for any errors in the delivery process due to incorrect or incomplete filling out of the purchase order by Users.
 

Verification on delivery

When receiving an order, Users must carefully check the state of the package noting any anomalies on the delivery form.
The Owner will not take responsibility for any damage to the Products following delivery to the purchaser or for delays in delivery due to the purchaser, Cibox.it will in any case substitute products damaging during transportation if such damage is noted in writing by the User on the delivery module during receipt of the goods.
 

Right of cancellation

Users have the right to cancel the contract, without having to give any reason, within the 14 days that follow the day on which the User or a third party designated by the User and other than the carrier, has gained physical possession of the goods. To exercise this right of cancellation Users must inform the Owner of their decision to cancel before the period of cancellation expires by sending an explicit declaration to the contact details indicated hereunder.

• If the User has a certified email account, the declaration of cancellation should be sent via certified email to: pec@pec.cibox.it
• Otherwise a registered letter may be posted to the address here: Customer Services - Cibox s.r.l., Viale Papa Giovanni XXIII 94/D, 24121 Bergamo (BG), Italy. An advance notification of the sending of this letter and its content should be sent via email to servizioclienti@cibox.it

 

Consequences of cancellation

In the case of cancellation Users will be refunded for payments made to the Owner, within the 14 days following the day on which the Owner was informed by the User of the decision to can the contract. Refunds will be made using the same payment method used by the User for the initial transaction, unless the User has expressly requested another method. If the purchase was made by bank transfer or on delivery it is the User’s responsibility to supply the bank details for the account where the wish to receive the refund (account holder, name and address of Bank and IBAN code). The Owner has the right to suspend the refund until the returned goods have arrived back at the warehouse.
Users must send the goods back to the Owner in any case within the 14 days after the day on which the decision to cancel was communicated to the Owner, taking responsibility for the related transport costs (art. 57 cons. cod.), as well as for loss or damage of the goods being returned. Users remain liable for the decrease in value of the goods due to inappropriate handling other that necessary to establish their nature and features.
 

Limitations to the right of cancellation

Products with used or damaged, whether wholly or partially, will not be replaced or refunded. The right of cancellation does not apply: to goods made to measure or obviously personalised; goods that, by nature, risk deterioration or rapid expiry; sealed goods which are not suitable for returning for hygienic reasons or health and safety reasons; goods that were opened after delivery.
Legal references relating to the right of cancellation:
D. Lgs. 21/2014 – in actuation of the directive 2011/83/UE regarding the rights of consumers. Consumer Code (art. 52 e ss.) regarding the right of cancellation.
 

Limitation of liability

The Owner, within the boundaries set out by law, is liable for damages of a contractual and extra-contractual nature only in the case that such damages are a direct immediate consequence of wilful misconduct or gross negligence.
 

Partial inefficacy and nullity

Should any clause of the General Conditions of Sale result as null, invalid or ineffective, this will invalidate the aforementioned clause while the remaining clauses with not be affected in any way and will maintain for efficacy.
 

Applicable law and competent court

The present Terms and all conflicts regarding the execution, interpretation and validity of the present contract are subject to Italian law and jurisdiction and the exclusive competence of the tribunal of the place in which the Owner has headquarters. Where the law provides for it, this excepts the competence of consumer court.
 

Online conflict resolution for consumers

The European Commission has set up an online platform that provides a tool for alternative resolution of conflicts which may be used by European Consumers for resolving, in a non-judicial manner, any conflict deriving from contracts of purchase of goods and services via web.
The platform is available at the following link link.

 

Cibox s.r.l. – General Conditions of Sale in accordance with law decree d.lgs 206/2005 “Consumer Code “and its later modifications and additions - Version 1.1 – Bergamo 1/04/2018