General terms and conditions of sale
1. Subject and field of application
1.1. These General Conditions of Sale (hereinafter also referred to as "GCS") regulate the sale, from the Seller to the Consumer, of food products that the Seller has selected from Artisan Producers (hereinafter also referred to as "Producers") in order to offer them to its customers, and apply to all orders forwarded both through the Site and through the call centre, as regulated in Article 4.
1.2. Janas is not responsible for the sale of products by other parties that are referred to on the Site through hypertext links. Janas does not carry out any checks on such sites and is therefore not responsible for any omissions, inaccuracies or violations of the law.
1.3. These GCS, together with the Special Conditions, if applicable, represent the entire agreement between Janas and the Consumers with reference to the sales made. The Seller reserves the right to modify these GCS at any time, at its own discretion, in compliance with the regulations, the Consumer is therefore invited to carefully examine the GCS before each new order. The GCS applicable to each sale are those indicated on the Site at the time the order form is sent by the Consumer. By sending the order form electronically, the Consumer confirms that he/she accepts these GCS in full and without reservation. In the event of sales through a call center, Janas shall send a copy of the GCS in hard copy or electronically to the Consumer, who must sign them physically or with an electronic signature, except in the event that the same has given explicit consent to the use of a durable medium for the purpose of concluding the contract. In this case, Janas shall forward the GCS to the e-mail address indicated by the Consumer or, in the absence of such indication, by inserting a copy in the package shipped.
2. Product characteristics
2.1. The products offered are those illustrated and described in the catalogue published on the Site. The information indicated on the Site regarding the characteristics of the product are those shown on the label of the products themselves.
2.2. The Seller reserves the right to change, without prior notice, the products on the Site.
2.3. Although the photographs and texts used to illustrate the products are as faithful as possible to reality, they are merely a photographic and descriptive representation and therefore remain purely indicative. The responsibility of the Seller cannot be invoked in the event of imperfect correspondence between the illustrated product and the product delivered.
2.4. In the event of a sale concluded through a call centre, the operator shall describe the main characteristics of the products offered during the recorded call.
3. Online purchasing procedure and conclusion of the contract
3.1. In accordance with the regulations on contracts concluded at a distance and electronic commerce, the Seller informs the Consumer that, in order to proceed with the purchase of the products offered by the Seller on the Site, he must: − upon free registration to be carried out by entering the required data following the instructions provided by the Site and express consent to these GTC whose details he/she declares to have read and saved a print copy; − select and place the products of interest in the virtual shopping cart; − fill in the order form in electronic format and send it to the Seller, again electronically, following the relevant instructions on the Site, or by contacting the Customer Service at [+39] 079/9220060.
3.2. Before transmitting the order form, the Consumer shall be requested to confirm the personal data, as well as the address (complete with the house number and name on the intercom) where the selected products are to be delivered, the invoicing address, if any, and a telephone number where the Consumer can be contacted for any communication. The Seller emphasizes to the Consumer the importance of verifying the completeness and accuracy of the information communicated at the time of the forwarding of the order form before sending it. In the event of an error, the Consumer may make the necessary corrections by following the indications highlighted on the Site. The Seller shall not be considered responsible in the event of eventual insertion errors and of the consequences that such errors may entail (such as, by way of example, delays and/or delivery errors). The Consumer is informed that all the expenses incurred by the Seller due to such an error shall be borne exclusively by the Consumer (by way of example, but not limited to, the cost of returning the ordered items).
3.3. The contract shall be deemed completed when the Seller, having registered the order form and received the confirmation of the payment of the total amount due, shall send the Consumer, via e-mail to the specified e-mail address, the confirmation of the order containing the GCS that regulate the contract, the information relative to the characteristics of the product purchased, the detailed indication of the price, the method of payment used, the procedures for the exercise of the right of withdrawal and the categories for which it is excluded, the shipping costs and any additional costs, as well as the indication of the Customer Service that the Consumer may contact to request assistance and/or make complaints. It is recommended to keep the e-mail received as proof of purchase, in compliance with the provisions of Italian legislation on contracts made remotely.
3.4. The Consumer may access and monitor his/her order form by consulting the "Reserved Area-Order Status" section of the Site where he/she will find a list of all the orders placed. After the order has been processed, the Consumer shall have the right to access the invoices and the payment receipts relative to the purchases made directly from his or her account for one year and, subsequently, may have access to them by making an explicit request to the Customer Service.
3.5. The Seller will process the purchase order only after receiving confirmation of payment acceptance of the total amount due, including the purchase price, shipping costs and any other additional costs, as indicated in the order form.
4. Purchase procedure and contract completion of sales concluded via call centres.
4.1. In accordance with the regulations on contracts concluded remotely by telephone, Janas informs the consumer that before proceeding with the purchase of the products offered and being bound by the contract, he will be provided with the following information by the telephone operator: – The identity of the Seller, the commercial purpose of the call, the request for authorisation to proceed to the registration of the same in order to constitute durable support and the information referred to in Article 10 of the Decree of the President of the Republic 07 September 2010, no. 178 in relation to the possibility of registering in the Public Register of Objections; – The geographical address where the Seller is established and its telephone number, fax number and e-mail address to which the Consumer may address any complaint and request information; – The main characteristics of the products, according to the type of support and the products themselves; – The total price of the products, including taxes, shipping and delivery charges and any other costs, as well as payment methods; – The cost of using the remote method of communication for the conclusion of the contract when that cost is calculated on a different basis from the standard tariff; – The method of delivery and performance and the date by which Janas undertakes to deliver the products; – The way in which Janas will handle complaints; – In the event that the right of withdrawal is allowed: the conditions, terms and procedures for exercising this right, as well as the information that the Consumer will have to bear the cost for returning the products; – The information that the consumer will not benefit from the right of withdrawal in the case of products that by their nature are likely to deteriorate or are subject to rapid expiry, as well as the circumstances in which the consumer loses the right of withdrawal; – A reminder of the existence of the legal guarantee of conformity of goods; – The existence of relevant codes of conduct, as defined in Article 18(1)(f) Consumer Code, and how a copy can be obtained, if applicable;
4.2. As provided by Article 51, paragraphs 6 and 7 of the Consumer Code as amended by Article 1 of Legislative Decree 21/2014, the communication of the information referred to in Article 4.1., shall be followed by instructions from Janas, that a confirmation of the offer will be sent in paper format which the Consumer must sign in order to complete the contract and return to the Seller. Pursuant to Article 21 of the Legislative Decree of 7 March 2005, No. 82 and subsequent amendments, the Consumer may also sign the document, if computerised, by an electronic signature. The Consumer shall also be informed of the possibility of providing said confirmations, in order to complete the contract, on a durable support, by recording the telephone call. Janas shall provide the Consumer with the confirmation of the contract concluded on a durable support within a reasonable term after the conclusion of the distance contract and, at the latest, at the time of the delivery of the goods by inserting it inside the package.
5. Validity of offers and prices of sales concluded via the Site
5.1. The Consumer agrees to receive, at the e-mail address provided when registering on the Site, communications indicating the opening dates of the sales.
5.2. The offers published on the Site have a limited duration and are often for a limited number of products available. The validity date of the offers is indicated on the Site and may be communicated to the Consumer by e-mail with notification of the opening of the sale.
5.3. If the Consumer no longer wishes to receive e-mails containing information on the start of sales, he/she may proceed to unsubscribe from the pages of the Site in his/her personal area.
6. Prices of products made available through the Site
6.1. All sales prices of the products displayed and indicated on the Site are expressed in Euros (€) and are inclusive of Value Added Tax ("VAT") and any other tax.
6.2. The costs of transport, special packaging, delivery and ancillary services will be clearly and distinctly indicated on the Site and displayed at the time the order is placed and shall be borne by the Consumer. Unless otherwise indicated.
6.3. The Consumer shall pay the total price to the Seller, i.e. the price as indicated in the order form and confirmed in the order confirmation sent by e-mail by the Seller to the Consumer.
6.4. In the event of non-delivery due to the absence or unavailability of the addressee, the goods shipped and not collected shall be stored by the Courier. The cost of opening a storage procedure will be charged to the Consumer.
6.5. It is possible to schedule delivery with prior notice by phone by adding to the price of the order a contribution to expenses calculated and indicated at the time the order is placed.
6.6. The Seller retains the right to modify the prices at any time, without prior notice and at its own discretion, therefore the Seller invites the Consumer to verify the final sale price before forwarding the order form, being agreed that the price published on the Website at the time of forwarding the order form shall be the only price applicable to the Consumer.
7. Payment Methods
7.1. The Consumer may pay for the products ordered by means of: CREDIT CARD - The Seller accepts the most common credit cards, including prepaid and rechargeable ones, issued exclusively on Italian territory, belonging to the following circuits: Cartasi, Visa, Visa Electron, Mastercard, Maestro, Diners, American Express using the payment platforms most indicated on the website. At no time during the purchase procedure is the Seller able to know the Consumer's credit card number, which, by opening a secure connection, is transmitted directly to the operator who deals with payments on behalf of the Seller. Payment by credit card shall not give rise to any additional charges.
BANK TRANSFER - The Seller also accepts payments made by bank transfer, in this case the eventual bank expenses shall be borne by the Consumer. The Seller shall indicate in the order confirmation the "Swift" and "IBAN" codes necessary to allow the operation. In the event that the debit proves to be impossible, the sale process shall be automatically cancelled and the sale automatically cancelled, with contextual communication to the Consumer of the failed completion of the payment. The Consumer, in the case of payment by bank transfer, expressly accepts that the execution of the contract by the Seller shall start at the time of the crediting of the counter-value of the goods purchased on the Seller's current account: in the event that, in the period of time between the time of sending the order confirmation and the crediting by bank transfer of the price of the goods purchased, the same are no longer, even partially, available, the Seller shall proceed in accordance with the provisions of art. 8.
PAYPAL - The Consumer may use this payment system if registered on the Italian PayPal website. In case of cancellation, the amount shall be refunded to the Purchaser's PayPal account.
CASH ON DELIVERY - In the event of a telephone purchase concluded through a call centre, payment must be made by the Consumer directly to the Courier at the time of delivery. Payment must be made only in current currency or cheques (not bank drafts), for the amount corresponding to the order, including delivery charges unless otherwise provided for and this method can only be used for purchases up to a maximum total value of € 500.00, as there is no provision for the return of change.
7.2. The Seller shall transmit, to the Consumer, the receipt (or invoice) in paper format together with the purchased products, it being understood that upon request of the Consumer, the Seller shall transmit the receipt, relative to the purchase made, in electronic format, via email to the address declared by the same at the time of registration to the Site. In the absence of said indication in the event of a sale concluded through a call center, the relative receipt shall be attached in paper format to the products purchased, as well as the payment invoice, if requested.
8. Products availability
8.1. The Seller shall take charge of the purchase order, reserving the right not to process it in the event of unavailability, even temporary, of the products. Despite the best diligence, in fact, the peculiarity of a product characterised by its handicraft production entails the risk that the same may become unavailable between the forwarding of the order and its actual shipment, also due to the possibility that several Consumers purchase the same product at the same time. In any case of unavailability of the product purchased subsequent to the forwarding of the order, the Seller, within the term of 30 (thirty) days, undertakes to inform the Consumer of the circumstance at the e-mail address communicated by the same and to provide, in the shortest time possible, for the reimbursement of the total amount - consisting of the purchase price, the shipping costs and any other additional cost, as regulated by art. 16.3, and without prejudice to the provisions of art. 8.2. In the sole case of purchase made through a call centre, in the absence of an email address of the Consumer, the communication shall be made by voice recording.
8.2. Alternatively, the Consumer may opt for a voucher for the purchase of products sold by Janas with a total value and quality equivalent to the original order, expendable within 6 (six) months from the date of issue. Once this term has expired without the Consumer having used the voucher, the Seller shall refund the total amount already paid by the Consumer as regulated by article 8.1.
9. Information products delivery
9.1. Deliveries shall be made within Italy and within the countries indicated in the list on the Site, by means of National Express Courier (hereinafter, "Courier"). Janas reserves the right to use different Couriers and/or delivery methods based on the type of transport requested by the Consumer (normal, express, within 24 hours). The different types and relative rates will be indicated on the Site and managed automatically according to the choices made by the Consumer.
9.2. The transport, if necessary, will be carried out using special containers suitable for the transport of perishable and frozen goods in order to guarantee that all the products arrive in optimal conditions of freshness and conservation at the address indicated by the Consumer.
9.3. The Seller undertakes to do everything within its power to deliver the goods ordered within 15 (fifteen) working days from the time the order confirmation is sent to the Consumer and, in any case, except in the event of force majeure or unforeseeable circumstances, to make the delivery within a maximum time of 30 (thirty) days from the conclusion of the contract, except for the case of goods not available in warehouses as regulated by art. 8.
9.4. Once the products have been dispatched, the Seller shall send the Consumer a communication by email or text message, specifying the tracking number of the shipment through which it will be possible to follow the status of the delivery, after entering the same on the website of the Courier in charge. The Consumer may also follow the progress of the shipment of his/her order by connecting to the "Reserved Area-Order Status" section of the Site. This section allows the Consumer to consult the details of his/her order (articles ordered, total amount including VAT, method of payment, payment accepted, order validated or in the process of being validated, delivery in progress, delivery made, etc.). In the case of sales concluded through a call centre, if the Consumer does not provide an email address, the tracking number of the shipment will be communicated by text message.
9.5. The Courier shall deliver on weekdays, during normal office hours, excluding public holidays. No deliveries will be made P.O. boxes. Delivery is deemed to be completed when the goods are made available to the recipient at the delivery address indicated. The delivery address must be accessible to normal means of transport, unless otherwise expressly agreed in writing. Delivery may be made to the floor by adding to the price of the order a contribution to expenses calculated and indicated at the time the order is placed.
9.6. If the goods shipped cannot be delivered for any reason attributable to the recipient (such as, purely by way of example and not limited to: impediment to delivery due to refusal, unknown recipient or recipient not legally capable of receiving), the Courier shall leave a card to certify the delivery attempt (so-called notice of delivery) containing a notice that the goods are to be stored. To limit the risk of having to bear the higher cost of any storage, when placing the order, the consumer may request that the delivery takes place after agreement with the Courier on the time. As soon as the package is "in storage", the Seller shall contact the Consumer by telephone or electronically in order to unblock the storage and ensure that the package is delivered as soon as possible. If necessary, the Seller may agree with the Consumer the modification of the delivery address. In the event that the delivery attempt following the contact of the Customer Service is unsuccessful or in the event that the Consumer does not reply to the contact attempt within 7 (seven) days from the sending of the telematic communication, the package shall be sent back to Janas and the Consumer shall be notified of this circumstance by e-mail.
9.7. The Consumer acknowledges that, once 15 (fifteen) days have passed from when the package is sent back to the Seller, the contract is understood to be terminated and the purchase order cancelled pursuant to article 1456 of the Italian Civil Code. In this case, the Seller shall provide for the reimbursement, as regulated by art. 16.3, of the amount paid by the Consumer, minus the costs of the unsuccessful delivery of the product and those of the return shipment sustained by the Seller. If, before the 15 (fifteen) days have elapsed, the Consumer requests to receive the purchased product again, the Seller shall proceed with the new delivery, after charging the costs of the same and the costs incurred by the Seller to return the product.
9.8. If Janas does not fulfil its obligation to deliver the products within the time period referred to in Article 9.3, the Consumer shall invite Janas to make the delivery within an additional time period appropriate to the circumstances. If the additional term granted in this manner expires without the products being delivered, the Consumer shall be entitled to terminate the agreement, with the consequent reimbursement of the amount paid and without prejudice to the right to compensation for damages, if proven. The Consumer shall not be burdened with the obligation to grant Janas the additional period of time if the essentiality of the delivery period can be deduced from all the circumstances that accompanied the conclusion of the agreement, or if the Consumer informed Janas, prior to the conclusion of the agreement, that delivery by or on a specific date was essential.
10. Checking the goods on delivery
10.1. Upon delivery of the goods by the Courier, the recipient is obliged to check the apparent condition of the packages delivered and the products ordered.
10.2. In the case of evident signs of alteration or tampering (such as, for example: mismatch between the number of packages delivered and the number indicated in the transport document, deteriorated package, wrapping of even only one product altered, missing product with respect to the order, etc.). ) the Consumer must refuse the delivery or accept it with reserve and promptly notify the Customer Service of the fact, describing the noted fault and providing all useful information to the Seller to preserve any claims against the manufacturer or courier, as well as to agree on how to verify the existence of the claimed fault, subject to possible return of the goods as regulated by art. 16.1.
10.3. To this end, it is essential to keep the items in the conditions described in article 16.1. so that they can be returned as received. Janas shall carry out the necessary checks in relation to the claimed defect in the shortest time possible and in any case within 30 (thirty) days from the product being made available.
10.4. The Seller shall inform the Purchaser of the outcome of the verification and, if the conditions are met, shall reimburse the Purchaser, in accordance with the provisions of art. 16.3, for the shipping costs incurred to return the product and send the Purchaser, without any additional charge, a new product or the product actually ordered in the shortest time possible, if available. If the product is no longer available, the Seller shall proceed in accordance with the provisions of art. 8., Janas reserves the right to charge the Consumer for any expenses incurred to check the product if it is intact and/or free of the claimed damages and defects.
10.5. The provisions of articles 11 (legal guarantees and non-conformity of the products), 12 (liability for damage caused by defective products) and 15 (right of withdrawal) of these GCS remain applicable.
11. Legal guarantees and products non-conformity
11.1. Pursuant to and for the purposes of Legislative Decree no. 206/2005 (Consumer Code) and subsequent amendments, the Seller shall provide the Consumer with a legal guarantee on the product for any lack of conformity with the sales contract that occurs within 24 (twenty-four) months from delivery of the product to the Consumer. It is understood that in relation to perishable products (cold meats, cheeses, and in any case all food products) the legal guarantee shall be effective only until the expiry date indicated on the packaging of the product itself.
11.2. Given the nature of the product as a foodstuff, a conformity fault exists when the purchased product: is not suitable for such use; does not present the qualities that the Consumer may reasonably expect, given the declarations made in the advertising or on the labelling, except for the case of tolerance referred to in art. 2; is not suitable for the particular use desired by the Consumer and that has been brought to the knowledge of the Seller at the time of the contract's conclusion and that the Seller has thereby accepted. Therefore, any other type of fault caused by accidental events or by the Consumer's responsibility or by a use of the product that does not conform to its intended use and/or to what is foreseen in the technical documentation attached to the product, where existing, or in the instructions for use relative to the same are excluded from the area of application of the Legal Guarantee. Furthermore, products modified or in any way altered by the Consumer are excluded from the Legal Guarantee.
11.3. The conformity fault must be reported to the Seller, under penalty of forfeiture of the warranty, within 2 (two) months from the date on which it was discovered. Any report of a lack of conformity of the product must be submitted together with the proof of purchase of the product from the Seller (payment receipt or invoice), describing the fault detected and providing all useful information to the Seller in order to preserve any possible claims, as well as to agree on how to ship the goods to allow the necessary checks.
11.4. Janas shall provide to carry out the necessary verifications in relation to the conformity fault claimed within 30 days (thirty) from the provision of the product. The Seller shall inform the Consumer of the outcome of the verification and in the event of verified non-conformity of the product, it shall provide for its replacement in the shortest time possible and, in any case, except in exceptional cases or due to force majeure, within 45 (forty-five) days from the day in which the faulty product was made available. If replacement is not possible due to the unavailability of the product, Janas shall provide for it in accordance with art. 8. If a price reduction is agreed upon as a result of the verifications, Janas will refund the relative amount according to the procedures provided for in article 16.3, except in the case in which the Consumer prefers to receive a voucher for the purchase of products sold by Janas with a value corresponding to the proposed reduction, which may be spent within 6 (six) months from the date of issue. Janas reserves the right to charge the Consumer for any expenses incurred for the verification of the product if it is found to be free from the claimed faults.
11.5 Janas shall not be liable in case of damage, of any nature whatsoever, deriving from improper use of the product and/or not in compliance with the instructions provided by the manufacturer as well as in case of damage deriving from unforeseeable circumstances or force majeure.
12. Liability for damage caused by defective products
With regard to any damage caused by a faulty product, the provisions of the Consumer Code as amended and supplemented are applicable. The Seller, in the role of distributor of the products through the Site, shall be exempt from any liability, none excluded and/or excepted, by indicating the name of the respective product manufacturer.
13. Unforeseeable circumstances and force majeure
Under no circumstances shall the Seller be held liable for non-performance of any of its obligations under these GCSs in the event that such non-performance is caused by a fortuitous event and/or force majeure, including but not limited to accidents, explosions, strikes and/or lockouts, natural disasters, acts of terrorism, network malfunctions and/or blackouts, and other similar events that prevent, in whole or in part, the execution of the contract within the agreed time. The Seller shall not be liable to any party or third party for damages, losses and costs incurred as a result of the non-execution of the contract due to the above-mentioned causes, the Consumer having the right only to the restitution of the total amount paid, consisting of the purchase price, shipping costs and any other additional cost.
14. Obligations of the Consumer
14.1. The Consumer undertakes and is obliged, once the "on-line" purchase procedure has been completed, to print and keep these GCS, previously viewed and accepted as a compulsory step in the purchase, as well as the specifications of the product purchased. Consumers who have purchased through a call centre undertake to keep a copy of the documentation sent to them electronically or in paper format with reference to the order.
14.2. It is strictly forbidden for minors to place orders "on-line" or through call centres.
14.3. The identification code with which the registered Consumer can access the Site may not be transferred or used by third parties. The Consumer guarantees that the personal information provided during the procedure of registration on the Site is complete and true. It is strictly prohibited for the Consumer to insert false, and/or invented, and/or fantasy data, in the registration procedure necessary to activate the procedure for the execution of the present contract and the relative further communications. It is expressly forbidden to enter the data of third parties. The Seller reserves the right to prosecute any violation or abuse, in the interest and for the protection of all consumers.
14.4. The Consumer hereby indemnifies the Seller from any responsibility deriving from the issuance of erroneous tax documents due to errors relative to the data provided by the Consumer, being the latter the sole party responsible for the correct entry thereof.
15. Information on the right of withdrawal
15.1. The Consumer has the right to withdraw from the purchase contract for any reason, without having to provide explanations and without any penalty, except for products that by their nature risk deterioration or are subject to rapid expiry, as provided for by art. 15.8.
15.2. The risks and costs of transport relating to the return of the products to the Seller shall be borne by the Consumer.
15.3. To exercise this right, the Consumer must send, within 14 (fourteen) working days from the date of receipt of the goods, notice of withdrawal. To this end, the Consumer may use any explicit declaration of his/her decision to withdraw from the contract or that contained in the standard withdrawal form shown on the Site. In the notice of withdrawal, the Consumer shall indicate the order number and date of the order, the invoice number if requested by the same at the time the order was placed, his/her bank details (IBAN code).
15.4. Notice of withdrawal may be sent: a) By registered letter with return receipt to the following address: Janas S.r.l. Servizio Clienti, via Predda Niedda n.37/L - 07100 Sassari (SS), Italy. The registered letter will be considered sent in due time if it is delivered to the accepting post office within the term indicated in art. 15.3; b) Filling out and electronically sending the standard withdrawal form or any other explicit declaration on the Site, within the term indicated in Article 15.3. In such cases, Janas shall promptly send the Consumer, electronically, a confirmation of receipt of the withdrawal exercised.
15.5. The Consumer must return the goods according to the return procedures set out in article 16.2.
15.6. An essential condition for the exercise of the right of withdrawal is the substantial integrity of the products to be returned, which must be received unopened so as not to fall into the hypothesis envisaged by letter b) of art. 15.8.
15.7. If the verification of the returned products has a positive outcome and the right of withdrawal has been validly exercised within the terms and according to the procedures provided, the Vendor shall refund the Consumer according to the procedures provided for in Article 16.3, in the shortest time possible and in any case within 14 (fourteen) days from the date in which it became aware of the exercise of the right of withdrawal by the Consumer, the entire amount paid for the purchase of the products, not including the direct costs of returning the goods to the Vendor which shall be borne by the Consumer. Pursuant to Article 56, paragraph 3, of the Consumer Code as amended by Article 1 of Legislative Decree 21/2014, Janas shall be entitled to withhold the refund until it has received the goods or until the Consumer has demonstrated that it has returned the goods, depending on which situation occurs first. Janas shall not be obliged to reimburse additional costs if the Consumer has expressly chosen a type of delivery different from the least expensive type offered by Janas.
15.8. Pursuant to Article 59, paragraph 1, letters d) and e) of the Consumer Code as amended by Article 1 of Legislative Decree 21/2014, the right of withdrawal is excluded in the event that the sale relates to: a) products that are liable to deteriorate or expire rapidly; b) sealed products that are not suitable to be returned for hygienic or health protection reasons and have been opened after delivery.
16. Return and refund procedures
16.1. If, following a complaint by the Consumer, the Seller requests the return of the goods in order to carry out the necessary verifications, the Customer Service shall communicate to the Consumer, electronically or by recorded telephone call, the address of the warehouse to which the Consumer must send the goods without undue delay and in any case within 14 (fourteen) days from the communication. The goods must be returned or in any case sent to the Seller intact (without any sign of wear, abrasion, scratch, deformation, etc.), complete with all its elements and accessories, accompanied by the instructions/notes/manuals attached, the packaging and the original packaging and the warranty certificate, where present. To this end, therefore, it is advisable to cover the original packaging of the products with other protective packaging that preserves its integrity and protects it during transport also from written notes or labels. The Seller shall collect the returned products, while reserving the right to verify that the same have been returned in the conditions described. In the absence of this, the Consumer shall not be entitled to any reimbursement.
16.2. In the hypothesis of the return of the goods due to the exercise of the right of withdrawal by the Consumer, the term of 14 (fourteen) days starts from the date in which the Consumer received the purchased goods. For the purposes of the timely return, the term shall be considered respected if the Consumer returns the goods before the expiration of the 14 (fourteen) day period. In the sole case of purchase made through a call center, if the Purchaser does not provide an e-mail address, the request to return the goods by the Purchaser and the indication, by Janas, of the address of the warehouse to which the products must be returned, shall be made through a recorded telephone call.
16.3. In any case in which a refund is arranged, the amount of the refund shall be communicated in advance to the Consumer electronically or by recorded telephone call and then credited to the payment solution used by the Consumer for the purchase. Eventual delays in the crediting may depend on the bank or on the payment solution used. In this case, the value date of the credited amount shall be the same as that of the debit. In the sole case of a purchase made through a call centre, in the absence of an e-mail address of the Consumer, the communication of the amount shall take place by means of a recorded telephone call and the crediting of the amount shall be carried out on the IBAN details indicated by the Consumer.
17. Intellectual property rights
The Consumer declares to be informed that all the contents present on the Site are protected by copyright and by other provisions in force regarding intellectual property: all the rights are the exclusive property of the Seller. The contents of the Site may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified or used for any purpose without the prior written consent of the Seller.
18. Consumer data and protection of privacy
18.2. The Consumer declares and guarantees that the data provided to the Seller during the registration process is correct and true.
18.3. The Consumer may at any time update and/or change the personal data provided to the Seller through the "Reserved Area", accessible after authentication.
18.5. Although the Seller adopts measures to protect the personal data against loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data displayed by the Consumer on the Site, even after the Consumer has logged in, cannot be accessed or viewed by unauthorised third parties.
18.6. With regard to the data relative to payments by credit card, the Seller uses the services of specialised operators, as better indicated in the payment platform of the website, that adopt technological systems to guarantee the maximum levels of reliability, security, protection and confidentiality in the transmission of information via web.
19. Applicable law and competent court
19.1. All disputes relating to the application, execution, interpretation and breach of purchase contracts entered into "on-line" through the website: www.janasfood.it or through the call centre, is subject to Italian jurisdiction; these general conditions refer, for all that is not expressly provided for therein, to the rules laid down in the Civil Code, as well as the Consumer Code and subsequent amendments, and Legislative Decree no. 70 of 2003 and, as regards Privacy, Legislative Decree no. 196 of 2003 and subsequent amendments.
19.2. Any dispute between the parties in relation to this contract shall be settled by the Court in whose district the Consumer is domiciled or resident, if located within the territory of the State.