General Terms and Conditions
(as per section I, Title 3, part 3, od d.lgs 206/2005 and subsequent modifications and integrations)
1. Introduction and effectiveness of the General Terms and Conditions
These general terms and conditions of sale (hereinafter, “General Terms and Conditions”) apply to the sale of products and services through the website www.eataly.net/it_en (hereinafter, the Website) under the law known as “Consumer Code”.
The seller of the products and the owner of the Website is: Eataly S.p.A., with registered office in Via Nizza, 224, 10126 Turin (TO), Vat number n. 09450580015, REA: TO – 1052819, Italy (hereinafter, “Eataly”).
The customer who uses this Website to purchase products or services (hereinafter, “Customer”) before sending the order shall carefully read these General Terms and Conditions which will be accessible at any time by the Customer (also through the link included in the order confirmation email) to enable their reproduction and storing.
If the Customer requires the issuance of an invoice and/or in any case he/she is not a “consumer or user” as defined by the Consumer Code, the cancellation rights pursuant to Articles 7 and 8 of these General Terms and Conditions shall not apply, as well as the provisions that under the Consumer Code apply only to “consumers”.
The agreement entered into with Eataly through this Website is governed by these General Terms and Conditions in accordance with the Italian law. English is the language used to enter into the agreement.
2. Choosing and ordering the Products
The features and the price of the products sold on the Website (hereinafter, “Product” or “Products”) are shown on the page relevant to each Product.
To purchase the Products the Customer shall fill in and send the order form in electronic format, following the instructions on the Website. The Customer shall add the Product to the “Basket” and, after reading the General Terms and Conditions and the Privacy Policy and confirming their acceptance, he/she shall insert the shipping and billing data, select the desired method of payment and confirm the order.
By submitting an order from the Website, which has the value of a contractual offer, the Customer acknowledges and declares to have read all the information provided during the purchase procedure and to fully accept these General Terms and Conditions and the applicable terms of payment.
The agreement entered into between Eataly and the Customer shall be considered as concluded once the order has been accepted by Eataly. This acceptance is communicated to the Customer via an order confirmation email containing a reference to these General Terms and Conditions, the order number, the shipping and billing data, the list of ordered Products with their essential characteristics and the total price, including delivery charges. The Customer shall check the confirmation email and if he/she finds mistakes in the order, he/she shall have 12 hours from the receipt of such email to contact the Customer Service directly from the Website using the special contact form, accessible in the section “Help”. After this deadline, the order shall be processed for shipment and further changes will no longer be accepted, without prejudice to the Customer's rights under section 7 below.
At the moment of receiving the order, Eataly reserves the right to check the actual availability of the products ordered. If only few Products are not in stock, Eataly will process the order with the available Products. In case of one or more missing products, the information relating to the final charge or refund will be contained in the shipment confirmation email and will vary depending on the payment method used.
In case of payment by Credit Card, PayPal or Eataly Card, at the time of order it will be requested an authorization for the exact amount of the purchase. During shipping, only the cost of the products actually sent will be charged and any pre-authorized and unused amounts will be released on the payment method chosen by the customer in a short time, according to the timing provided by the payment method itself.
3. Product information
The Products information and features are available, with their related Product codes, on the Website.
The graphic representation of the Products on the Website, if available, normally corresponds to the photographic image shown together with the product description. It is understood that the image of the Products has the sole purpose of presenting them for sale and may not be perfectly representative of their characteristics and qualities but it may differ in colour and size. In case of a difference between the image and the product description, the description shall prevail.
4. Prices and shipping
Product prices are inclusive of all taxes and fees. All prices are in Euros.
Shipping within Europe:
Shipping within Europe is free on orders above 140,00 €; for lower orders a 9,80 € fee will apply.
5. Payment and billing
5.1 Payment methods
Customer may pay Products and delivery costs by Credit Card, PayPal.
Credit Card
The circuits on which it is possible to buy on the Website are:
Visa/Visa Electron
Mastercard
American Express
In order to guarantee the maximum security, the Customer shall carry out the payment transaction directly on the secure server of the bank.
The Website does not store the credit card number of the Customer, but thanks to the secure communication system of the bank of reference, from the second purchase, the Customer who so wishes - through the selection of the appropriate option - shall be able to proceed with the purchase without re-entering his/her data. The bank of reference uses the SSL protocol to encrypt the transmitted data between its server and the Customer's browser.
PayPal
Once the order is confirmed, the Customer shall be redirected to PayPal's website where he/she may carry out the payment with his/her account or by using a card, also a prepaid one, or also in the manner accepted by Paypal and in compliance with the relevant conditions.
Eataly Card
At checkout, the customer has to select “Eataly Card” in the payment methods section and then proceed to insert the data related to his/her Eataly Card (webcode received via email or printed on the back of the physical prepaid card) and confirm the order.
5.2 Invoicing of orders
If the purchase is made by a professional it shall be possible to request the issuance of the invoice by selecting the appropriate box during the ordering procedure and entering the billing information including tax code and/or VAT number. In that case, the invoice shall be sent by email to the indicated address. The professional is responsible for the proper entry of the billing data and he/she is expressly informed that if no invoice request is carried out during the ordering, it may not be requested at a later stage.
6. Transport and delivery
Products purchased on this Website shall be delivered to the address indicated by the Customer during the purchase procedure in the field “Shipping Information”.
All purchases shall be delivered by express courier (hereinafter, "Courier") from Monday to Friday, except public holidays and national holidays. Eataly is not responsible for unforeseeable delays or those which are not attributable to it.
Once the Products are shipped, the Customer shall receive a confirmation email that includes a link for the tracking of the shipment.
However, without prejudice to cases of force majeure or unforeseeable circumstances, the ordered Products shall be delivered within a period of 15 (fifteen) working days from the day following the day in which Eataly confirmed the order to the Customer through a specific order confirmation email.
Active delivery services in Europe:
Express Courier
Shipments may take place with different couriers depending on the destination Country in order to guarantee Customers the best available rate.
Countries where service is available: Austria, Belgium, Bulgaria, Croatia, Denmark, Estonia, Finland, Germany, Greece, Ireland, Latvia, Lithuania, Luxemburg, Netherlands, Poland, Portugal, Monaco, Czech Republic, Romania, Slovakia, Slovenia, Spain (except Canary Islands and Ceuta and Melilla), Sweden, Hungary.
7. Right of cancellation
The Customer is entitled to cancel his/her order for any reason, without explanation and without any penalty, except for the cases in which the cancellation right is excluded under paragraph IV below. In order to exercise this right, the Customer shall send a notice to Eataly within 14 days from the date of receipt of the Products by using the form downloadable here or if he/she intends to exercise the right of cancellation before having received the Products, the notice of cancellation may be sent at any time prior to their receipt.
Such notice shall be sent by registered letter with a return receipt, addressed:
To the kind attention of the Office of Returns and Refunds
Eataly S.p.A.
Via Nizza 224
10126 Torino (TO)
Italy
Upon receipt of the notice Eataly’s Customer Service shall open a file for the management of the returned Products and communicate to the Customer the instructions relevant to the return of the Products, which shall take place through the courier indicated by Eataly itself.
The right of cancellation is subject to the following conditions:
I. The right applies to a Product purchased in its entirety; therefore, if the Product is composed of multiple components or parts the cancellation may not be exercised only on a part of the purchased Product.
II. In case of exercise of the right of cancellation, Eataly shall refund the Customer the full amount of the returned Products, including shipping expenses, if any, within 14 days from the date in which the notice of cancellation was received, without prejudice to the right of Eataly to suspend the payment of the reimbursement until the actual receipt of the Products. The reimbursement shall be carried out using the same payment method used by the Customer, unless he/she has specifically requested a different method.
III. In order to guarantee the free return of Products pursuant to article 8 below, the Products shall be returned in the same box in which they were received.
IV. In addition to the cases indicated in Article 1 above (customer not consumer and/or requiring the invoice), the right of cancellation is excluded in the following cases:
• Contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalised.
• Contracts for the supply of goods which are liable to deteriorate or expire rapidly.
• Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery
With reference to the above cases where the cancellation right is excluded, the Customer is aware and agrees that among the Products that “are likely to deteriorate or expire rapidly” are included both all food Products (including wines, spirits and beverages) and cosmetics, because the features and qualities of these types of Products are subject to change even as a result of improper storage. Therefore, for reasons of hygiene and for the protection of Customers, the right of withdrawal applies only to Products purchased on the Website that may be returned to Eataly and remarketed without danger to the health of the consumers (e.g. books, gadgets, kitchen utensils, etc.).
In the cases of exclusion of the right of withdrawal, Eataly shall return the purchased Products to the Customer, charging the shipping costs to him/her.
8. Free returns in case of exercise of the right of withdrawal
As a most favourable condition for the Customer, Eataly bears in full the shipping costs for returning the Products in case of exercise of the right of cancellation.
In order to benefit from this free shipping, the Customer who wishes to exercise the right of cancellation shall follow the procedure referred to in the previous article 7 and wait to be contacted by Eataly to arrange re-delivery of the Products to the courier.
9. Warranty and Lack of Conformity
In case of lack of conformity of the Products sold by Eataly the Customer shall immediately contact the Customer Service using the appropriate contact form accessible on the Website in the “Customer Care” section.
The sale of Products shall be subject to the legal warranties provided in the Consumer Code. The Customer is entitled, at his/her option and to the extent that the type of the Product permits so, to a free of charge restoration of the Product’s conformity by repair or replacement, or to an appropriate reduction of the price or to the termination of the agreement. The Customer looses these rights if he/she does not report the lack of conformity to Eataly within two months from the date in which he/she discovered the defect, unless the Product by its nature is perishable or subject to expire in a shorter term, in which case the defect shall be reported within that reduced time.
10. Errors and limits of liability
Information relating to the Products provided through the Website are constantly updated. However, it is not possible to guarantee the complete absence of errors of which Eataly may not be held responsible, without prejudice to cases of wilful misconduct or gross negligence.
Eataly reserves the right to correct any errors, inaccuracies or omissions also after an order has been sent, or to change or update information at any time without prior notice, without prejudice to the rights of the Customer under these General Terms and Conditions and the Consumer Code.
Without prejudice to cases of wilful misconduct or gross negligence, every Customer's right to compensation for damages or to the recognition of an indemnity is excluded, as well as any liability in contract or tortious liability for direct or consequential damages to persons and/or things, caused by the lack of acceptance or even partial fulfilment of an order.
Eataly promotes responsible alcohol consumption and accepts no liability, without prejudice to the cases of wilful misconduct or gross negligence, in the event of purchase made by minors of 16 years.
11. Complaints
Any complaint shall be forwarded to Eataly using the appropriate contact form accessible on the Website in the “Help” section, or by calling 800 975880 (from abroad +39 0209997900). Service is available Mon-Fri 9.00 a.m.-5.00 p.m. CET, except holidays:
To the kind attention of Eataly Complaints Department
Eataly S.p.A.
Via Nizza 224
10126 Torino (TO)
Italy
Eataly is committed to reply to all requests received within a maximum of 7 working days.
12. Online dispute resolution for consumers (ODR)
If you are a European consumer, you have to be aware that the European Commission has established an online platform for alternative dispute resolutions that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contracts. Please click here to access to the platform.
13. Applicable law and jurisdiction
The sale agreement between the Customer and Eataly is intendedly made in Italy and is governed by Italian law. For the resolution of disputes concerning the interpretation, execution or termination of these General Terms and Conditions or individual purchase orders if the Customer is a consumer within the meaning of the Consumer Code, the Court of his/her place of residence or domicile shall have exclusive jurisdiction if located within the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Turin, excluding any other competent court.
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Pursuant to Article 1341 of the Italian Civil Code, Customer confirms to have read, understood and accepted, and expressly accepts, the following Clauses of the Terms and conditions: 6 (liability for delivery delays), 10 (right to withdraw from contract).