TERMS & CONDITIONS

“Provider”, “Seller”: in accordance with consumer protection legislation, the Provider is Eccellenze Esclusive S.r.l., hereinafter referred to as “Eccellenze Esclusive”. 

“User”, “Buyer”, “Customer”, “Consumer”: the individual who logs in to the website by means of authentication to make purchase orders as a consumer.

“Online sales contract”, “general contractual conditions”, “e-commerce”, “general terms and conditions” or “contract”: the sales contract for the Provider’s products, entered into with the Buyer in the context of a distance selling system using electronic tools, organized by the Provider.

“Product information sheet”: page or section of the Eccellenze Esclusive website containing the product’s graphic design, its description, the food/ingredients label or technical data sheet, the price, and other useful information.

“Website” or “Site”: the website through which the Provider organizes the distance selling service.

“Product”: the goods sold by Eccellenze Esclusive or its supplier and their packaging.

“Order inquiry”: the consumer sends the order inquiry, through the communication and sales channels provided by Eccellenze Esclusive via the website, to accept the offer to the public made by the Provider. The order inquiry implies acceptance of the offer made by the Provider.

“Order confirmation message”: the message sent to the user by Eccellenze Esclusive, by which Eccellenze Esclusive confirms that it has received the user’s acceptance.

The purpose of these general terms and conditions of sale is to govern the purchase of Eccellenze Esclusive products by consumers who place purchase orders remotely by logging on to the Provider’s website (hereinafter, the “Website”).

Distance selling includes the shipment/home delivery of goods to the consumer.

These general contractual conditions constitute an offer to the public, in accordance with the combined provisions of Articles 1326, 1341, and 1342 of the Italian Civil Code. The order inquiry sent by the user and addressed to Eccellenze Esclusive shall therefore be understood as acceptance of the offer for the products selected, each one considered individually.

These general terms and conditions of sale do not govern the sale of products by parties other than the Provider, which are present on the Website through links, banners or other hyperlinks.

The user may send purchase orders without any time restrictions.

The Provider may suspend the order-sending function, simultaneously giving notice thereof on its Website.

Delivery times will be communicated by the carrier.

No deliveries are made on Sundays and public holidays.

The delivery day depends on the place of delivery chosen by the user.

Consumer requests that do not comply with the limitations set out in these general terms and conditions will not be considered. 

It is guaranteed, in any event, that delivery will be made within the maximum time limit provided for by law.

During the purchasing process, or after the purchase, the placement of purchase orders for which delivery is required in areas not served by the carrier, or to which access is prohibited by law, may be precluded.

Eccellenze Esclusive services and purchase orders may be used and sent by persons of legal age only. Order sent by minors shall not be considered valid.

To place a purchase order via authentication, the user must provide a valid email address and their personal details to complete the registration and personal account creation process.

To place a purchase order without registering, the user must provide a valid email address and their personal details, which will be used for correspondence for contractual purposes, as well as the personal details and data required for delivery.

When completing the registration and order placement procedure, the User shall follow the instructions given on this Website and must provide correct and truthful personal data.

Eccellenze Esclusive shall not be held liable for the data provided by the User. If the User discloses inaccurate or incomplete data, the order inquiry or the delivery shall be suspended until the User has provided correct and complete data.

When registering, the User will need to create a personal account of their own, and will be given confidential login credentials consisting of a username and password.

The password must be updated when logging in for the first time, and should be stored carefully by the User to protect its confidentiality. The User shall not allow any third parties to log in to their user account.

The user has sole liability for their login credentials and the use of their user account, including in the event of theft of the credentials and/or unauthorized access to their account.

Users who breach these terms and conditions or any legislation shall be removed and their login credentials deleted.

Users who do not log in to the Website via authentication for a prolonged time period shall be removed.

The Provider has the right to verify the User’s identity by sending a message to the email address specified by the User.

The User may not use pseudonyms to create an account, or to enter data in order to place orders without registering.

The User may not use more than one profile, even with different login credentials. If the User has several user accounts, the Provider has the authority to delete all accounts subsequent to the first one created.

The Provider shall take all appropriate steps to prevent any unauthorized access falling within its scope of control.

Registered users may delete their account at any time.

With regard to the purchase of products that entail the transfer of ownership of property rights on so-called NFT (non-fungible token) artworks, the Provider shall grant the consumer access to the computer system used to store the NFT artworks through a cryptographic system (a wallet). The consumer must transfer the NFT artwork into their own compatible wallet system within 15 days of purchase. The Provider shall not be liable for any loss of availability of the artwork after this time period has elapsed.

To enter into the purchase contract, proceed as follows:

• Enter your login credentials to log in to the private area of the Eccellenze Esclusive Website;

• Scroll through the list of product information sheets and select the product or products you wish to purchase; 

• Before sending your order inquiry, please confirm that you have read the “General Contractual Conditions”;

• Select the “Place order and pay” button. You will be asked to make the payment before you can send your order. By clicking on the virtual button, the User expressly agrees to pay the price of the product.

During the product selection and order placement process, the User may modify the data entered until the process has been concluded.

Pursuant to Article 12 of Italian Legislative Decree 70/2003, the Provider hereby informs the consumer that every order placed is stored on the server in digital form at the Provider’s headquarters, in accordance with confidentiality and security standards.

The order inquiry sent by the user shall be understood as acceptance of the offer made by Eccellenze Esclusive for the products selected, each one considered individually.

The contract is concluded when payment is successful and Eccellenze Esclusive sends the order confirmation message.

Payment is carried out on submission of the order inquiry by the User.

Delivery charges are set by the Provider and specified during the purchasing process.

Payment shall be made solely by electronic means, by debit/credit card or other methods expressly indicated by Eccellenze Esclusive on its Website.

Credit card payment transactions take place on a channel with a direct connection between the bank and the User.

On receipt of the order, if certain products that have been ordered are not available, the Seller shall email the Buyer, asking them to select a new purchase order.

Before sending the order inquiry, the User may refer to all the information concerning product characteristics and prices on the product information sheet, which is included in the purchasing procedure, to evaluate the suitability of the goods.

The product information sheet is an integral part of this contract.

The Provider offers virtual vouchers that entitle users to discounts and benefits for the purchase of services offered independently by Partners of Eccellenze Esclusive.

To claim the benefit, virtual vouchers must be submitted to the Partner, providing the beneficiary’s personal data.

Virtual vouchers are valid for one year and must be used in a single transaction, in connection with services offered independently by the Partner using the “Eccellenze Esclusive” brand.

The content of the services may be subject to change. Their presentation on the Provider’s or Partner's website is for information purposes only and does not constitute an offer or promise to the general public.

Consumer obligations and limitations

When purchasing bespoke products (e.g. Fashion line), the consumer shall undertake to provide the correct data as required by the Provider to provide the service and/or make the item. Failure by the consumer to fulfill their obligations to provide information and cooperate shall result in the termination of the contract. The Provider may withhold part of the payment by way of compensation.

Nutrition labeling of products, and allergens

To ensure that the User is informed transparently about foodstuffs, or other products they wish to purchase through Eccellenze Esclusive, the individual product information sheets contain the nutrition labels, mandatory food information, and the list of allergens, or the list of ingredients or other product information.

The date of minimum durability or the use-by date shall be indicated on delivery of the product.

The product information sheet contains information on the product’s weight and type of packaging. The weight or packaging could vary for certain products.

The conditions of storage and use of the products are described in the product information sheet or on the packaging.

The graphic design shown on the product information sheet is for descriptive purposes only. The delivered product could differ from the one depicted.

The product information sheet shows the price of the goods and the total amount of taxes and any costs.

During the purchasing stage, before placement of the order, the Seller shall specify the total amount, including any shipping charges.

The Seller may offer reductions, promotions, discounts, promotional initiatives, and assign discount codes or vouchers at its sole discretion, within the deadlines and in the ways specified from time to time on the website.

The prices of products of variable weight are quoted on the basis of approximate measurements and weights. Actual measurements and weights are only determined on preparation of the order, and may be up to 20% greater or smaller than those indicated on the Website.

Purchase orders will be accepted by Eccellenze Esclusive while stocks last. The User may not purchase more products than are stated as being available, or more than the maximum number set by the Provider per individual user or product, even if such products are available.

On receipt of the Buyer’s order, if the products are unavailable, even temporarily, the Provider shall email the Buyer to ask them to select a new purchase order and/or to reimburse the amounts paid for the product.

Orders confirmed by Eccellenze Esclusive shall be delivered by the delivery date communicated by the carrier. 

No deliveries are made on Sundays and public holidays.

The Buyer undertakes to provide an accurate address for delivery of the products. 

In the event that the Buyer asks the carrier to deliver the goods to different locations from those specified at the time of purchase, the Buyer shall bear all expenses and responsibility for notifying the carrier.

Should the Buyer be absent or unavailable, they will be notified by the carrier of the attempted delivery over the telephone, so as to arrange a new delivery on the same day.

If the user is unavailable on the second delivery attempt, the order shall be canceled and Eccellenze Esclusive will withhold the payment by way of a penalty.

In the event of any special logistical requirements, Eccellenze Esclusive may postpone the delivery, after notifying the User by email or over the telephone.

The User, or a third party designated by the latter to take the delivery, bears the risk of loss and damage to the goods after delivery.

PLEASE NOTE :
Please check the products on delivery, while the courier is still there, and notify us immediately of any defects.

We will arrange to repair or replace the product!

On delivery of the products by the courier, the customer is required to check that the packaging is unopened and not damaged or otherwise tampered with.

Any damages must be disputed immediately with the courier carrying out the delivery and with the Provider, on pain of forfeiture. In the event of failure to dispute such damages, all reimbursement or replacement of the goods shall be excluded.

The products sold on Eccellenze Esclusive are covered by the legal guarantee of conformity set out in Articles 128-135 of Italian Legislative Decree no. 206/2005 (Consumer Code).

Eccellenze Esclusive is liable for any lack of conformity that exists when the product is delivered and that becomes apparent within two years after such delivery.

If a guarantee is provided for and applicable, and flaws are found to be present by the Buyer, the Buyer is required to notify the Seller within two months of discovering such flaws, by registered letter with return receipt to the address indicated in the information concerning the Seller. The Buyer may request repair or replacement of the product, if it is still available and if the repair or replacement is not impossible or excessively costly for the Seller. In such cases of impossibility or excessive cost, the consumer may choose to request a price reduction or the termination of the contract.

The User shall pay the price of the purchased product and related costs, within the time limits and in the ways specified by the contract, and undertakes not to hinder delivery of the goods.

No right of withdrawal is provided for:

• food products, as the products sold fall within the category referred to in point (l) of Article 47(1), and in Article 59, of the Consumer Code, namely: those that are “liable to deteriorate or expire rapidly”;

• cosmetic products, in the event of cosmetic products and make-up items that have been opened after delivery, as the products sold fall within the category referred to in point (e) of Article 59(1) of Italian Legislative Decree 206/2005 (Consumer Code);

• bespoke or customized products (e.g. clothes, personalized designer products);

• other goods for which the right of withdrawal is not provided for by law.

In all other cases, the Buyer may exercise their right of withdrawal under the following conditions.

The Buyer has a period of fourteen (14) days to withdraw from the contract, starting from the day on which the Buyer receives the delivery of the purchased goods and takes possession of them.

The Buyer must use the withdrawal form to exercise their right to withdraw. This form can be found on the following page: Return and Refund.

CHANGED YOUR MIND?

Click here to send a withdrawal request.

You have up to 14 days from delivery to withdraw, provided you have not opened the product or started using it

The Customer is liable for any diminished value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the goods.

The Seller shall make its organization available for the collection of the goods, with the obligation of the consumer to take action within fourteen (14) days by contacting the Seller to agree on the date and terms of delivery of the goods to be returned.

In the event of withdrawal exercised by other means, the consumer shall bear the direct shipping costs for the return.

The Seller shall make the refund once it has received the goods, using the same means of payment used by the consumer for the initial transaction.

If the User or the person authorized by them is not there to receive the delivery and has not notified Eccellenze Esclusive of this, and if they are unavailable on the second delivery attempt, the order shall be canceled and Eccellenze Esclusive will withhold the payment by way of a penalty.

Contractual communications shall take place exclusively in the ways set out by Eccellenze Esclusive in these General contractual conditions.

Communications to the User will be sent to the email address used by the User to register their account.

The carrier will contact the Buyer on the telephone number provided for anything it needs in relation to the delivery of the goods.

The User may not make or supplement a proposal using any of the text fields present on the website, such as those provided for requesting information about the delivery or the contact form.

Eccellenze Esclusive only guarantees the properties and characteristics set out in the product information sheets. The User must check whether the nutritional properties, allergens, ingredients and other factors meet their expectations and needs. As such, the User assumes the risk of purchasing and consuming Eccellenze Esclusive products.

Eccellenze Esclusive sells goods produced by third-party manufacturers or distributors, all of which are specifically mentioned in the product information sheets and which remain solely responsible for any damage caused by the goods and for the obligations under applicable legislation.

Eccellenze Esclusive shall not be liable for any direct and indirect damages, of any kind, suffered in relation to any services provided to you that are not directly and exclusively attributable to Eccellenze Esclusive.

Eccellenze Esclusive reserves the right to withdraw, change, suspend or interrupt any feature or service related to the Service for its own technical or organizational reasons.

Eccellenze Esclusive assumes no liability whatsoever for any fraudulent or unlawful use by third parties of credit cards or other payment methods when paying for the purchased products

This Agreement between User and Provider, and any access to or use of the Website, are governed by Italian law. The competent court shall be that of the consumer.

Should any of the clauses of this Agreement be deemed null, voidable, invalid or otherwise non-binding, then in no event shall such nullity, voidability or invalidity affect the other clauses of the agreement. Moreover, the aforesaid null, voidable or invalid clauses are to be amended to the extent and in the way necessary for them to be deemed valid and effective by the competent judicial authority.

These general terms and conditions may be amended over time for the addition of new products or services, or to improve existing services or protect the legitimate interest of Eccellenze Esclusive.

Unless otherwise specified, the Provider is the sole owner of the content provided and trademarks present on the Website.

The Buyer and/or User may not extract, reproduce, copy, modify, communicate or disseminate in any way, even partially, the content and trademarks offered and/or present on the Website without authorization from Eccellenze Esclusive or third parties whose trademarks are depicted.

Italian law shall apply to this contract.

The User has the right to use an ODR mediation process for e-commerce: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

The product information sheets are an integral part of this contract. In the event of any conflicting information, these general contractual conditions shall prevail.