Terms of service

1. General Company information.

The articles posted on https://baggie.it, a website aimed at the sale of products and services online, are sold directly by "Baggie Srls", with registered office in Coriano (RN), Piazza Don Minzoni, 4, VAT number and Tax Code 04577640404, REA of the Rimini Chamber of Commerce n. 423361, hereinafter also referred to simply as "Baggie" or "Seller".

Baggie S.r.l.s. can be contacted through the following contact details:
- Email: info@baggie.it
- PEC: baggie@pec.it

1. Definitions.

The terms indicated in this contract, attachments and / or forms and any appendices, have the meaning attributed to them below:

1) "Seller": means the person who transfers the goods and / or services indicated on the site for consideration, ie "Baggie S.r.l.s.", better generalized above;

2) "Site" or "Application": websitehttps://baggie.it;

3) "Consumer customer" or more simply "Customer": natural person of age who concludes the contract for purposes unrelated to his own entrepreneurial, commercial, professional and / or artisan activity that may be carried out and who can therefore be defined as a "consumer" pursuant to the Consumption and of the Legislative Decree 70/2003 on the implementation of the Euopean Directive on Electronic Commerce (n. 2000/31 / EC);

4) "Non-consumer customer": buyer who does not fall within the category of subjects referred to in the previous point and who is therefore not protected by the protections provided for consumers by national and EU law;

5) "Buyer": means any person who buys the goods offered for sale by the Seller on the site;

6) "User": any person who accesses the site or uses the application;

7) "Foodbox": box (or "box") containing typical Italian food and wine products, composed by the Seller;

8) "Products": the goods contained within the "Baggie";

9) "Producer": third party who supplies the Seller with the products or produces them;

10) "Contract": electronic commerce contract concerning the goods and services offered on the site concluded remotely through the use of telematic tools.

1. Use of the site and warnings.

The site must be used exclusively to carry out consultations and valid orders and in compliance with current legislation.

It is forbidden to make false and / or fraudulent orders and the user is required to guarantee the veracity of the data provided, check their correctness and communicate any errors.

It is forbidden for the user to provide data of third parties or false ones.

The user guarantees and declares to be of legal age and in any case to have the capacity required by law to conclude contracts.

The user is personally responsible for the use of the site and its contents.

Any material downloaded or otherwise obtained through the use of the site is at the user's choice and risk, therefore any responsibility for any damage to the PC, operating system or loss of data resulting from the download operations falls on the user and cannot be imputed. to the site manager.

The site manager is exempt from liability for damage caused by viruses, interruption of service, problems connected to the network or to providers or telephone or telematic connections, deletion of contents, unauthorized access, failure and / or faulty functioning of the electronic equipment of the user himself.

The user is responsible for the custody and correct use of the personal data provided as well as the credentials provided for the registration and establishment of his own account which is personal.

1. Applicable law and competent court.

The sales contract between the Seller and the Customer, consumer or otherwise, is understood to be concluded in Italy. The parties agree that this contract is governed by Italian law and in this context, excluding "non-consumer customers", by the Consumer Code governing the Consumer Relationship (Part III), containing Title III, Chapter I, entitled "Consumer rights in contracts".

Without prejudice to the mandatory provisions of law, the user and with him the Purchaser declares to submit, in the event of any dispute, exclusively, to the competent court of Rimini.

1. Object of the contract.

"Baggie" through the websitehttps://baggie.it, offers for sale "foodbox", that is boxes containing agri-food products of the food and wine traditionspecifically selected by the Seller who reserves the right to compose them according to one's taste and liking.

The content of the "foodbox" and related products is not always specific, the "foodbox" called Baggie, for example, is made up of "surprise" products, which are different every month.

"Baggie" informs the Buyer that the images accompanying the information sheet of the "foodbox" are merely indicative and do not represent the internal characteristics of the products contained. The "foodboxes" are susceptible to continuous evolution and modification (also based on specific customs requirements) and the offer is aimed at "consumer" customers, that is, natural persons of age capable of understanding and wanting to act for purposes unrelated to the activity entrepreneurial, commercial, artisanal or professionally carried out. Therefore, "Baggie" has the right not to place orders for products from non-consumer customers. The sale is aimed only atBuyers resident in Europe unless expressly agreed between the parties to be concluded through individual negotiation through direct contacts between the Seller and the Buyer.

1. Type of offers.

“Baggie” offers both “foodboxes” that can be purchased on a one-off basis as well as periodic subscriptions (generally monthly). 

On the "foodboxes" purchased "by surprise" the Buyers (except for individual negotiation) will have no right to choose the products to be included in the boxes. Once the offer is finished and the shipments have been made (which will take place without fail in the predefined monthly sessions and published on the site next to the datewithin which the orders are accepted), the Seller may, if it deems it appropriate, discover the contents of the "foodbox" relating to the expired proposals, thus making the users of the products contained therein participate. In this regard, "Baggie" informs Buyers that the contents of some "foodboxes" may differ from those discovered on the site and this could depend on customs restrictions or for the temporary unavailability of some products.

The "foodboxes" can be purchased individually or by subscription. Subscriptions will have a variable duration based on the specific offer.

1. Coupons / Discounts.

The "coupons" ethe "discounts" are never cumulative, unless otherwise indicated by the site.

The "coupon" will have the value (nominal or expressed as a percentage) indicated on the site or printed on the voucher and will be valid for a limited period of time, after which they will no longer be usable. The "coupon" may be subject to a minimum amount of expense under which its use will not be possible and will not be transferable if it is linked to the user's account.

To use the "coupon", the Buyer - once the site procedure relating to the purchase order has been completed - must enter the relevant "code" in the relevant section on the checkout page.At this point the value of the "coupon" will be deducted at the time of purchase, before payment with a deduction from the total amount of the order.

"Baggie" reserves the right to cancel the "coupons" issued, even before their expiry, without having to justify the cancellation and without any claim for compensation and / or compensation from the Buyer.

1. Prices, shipping and payment methods.

The prices published on the site are expressed in Euros and must be understood as inclusive of VAT.

The Seller reserves the right to change the prices of the items offered for sale at any time and without notice. The final price will be that indicated in the order confirmation and the shipping costs, where applicable, will be calculated based on the destination of the goods.

The Seller, for subscription "foodboxes", organizes periodic shipments on the dates indicated on the site and not at the time of completion of the order.

Shipments cannot be delivered to boxes or postal codes. Shipments will be delivered to the address indicated by the Buyer but not necessarily in the hands of the same.

Any customs costs and additional taxes will in any case be borne by the Buyer, as well as any other charges, expenses or costs that cannot be calculated in advance or that will depend on the behavior of the buyer (e.g. storage for storage, non-collection, etc. .). The Seller, therefore, may request the reimbursement of those costs or expenses resulting from impediments attributable to the recipient and which "Baggie" will have to bear against third parties, private or public.

Delivery will be made by couriers or carriers and according to specified times, but which are in any case to be considered indicative and not binding.

"Baggie", unless otherwise agreed directly with the Buyer, accepts the following forms of payment, to be chosen at the time of the order:

- Credit card (through the circuits indicated on the site)

The charge will take place upon confirmation of payment.

"Baggie" reserves the right not to process purchase orders that are without a guarantee of solvency or that are incomplete and / or incorrect.

The dispatch of the goods will take place only after receipt of the credit.

The Buyer is required, if "Baggie" so requests, to send additional documents proving ownership of the card. In the absence of timely dispatch, the Seller may not process the order placed.

The charge on the Buyer's credit card will take place at the time of purchase.

1. Information aimed at the conclusion of the contract.

The language available to conclude the online sales contract on this site is Italian. The translation of the site into different languages has no relevance for legal purposes and only the Italian text of these conditions will be valid in the event of a dispute.

Navigation within the site is allowed to all users, even those not registered.

To purchase the goods, the Buyer must add the "foodbox" to the cart and proceed with the purchase according to the methods indicated on the site.

If the customer has a discount code, he is required to enter it in the space provided at the time of the checkout.

To complete the order, the Buyer must provide some basic information:

• First name
• Last name
• Residence address
• Fiscal Code
• E-mail

Once the data has been entered, the Buyer can confirm the order and proceed with the payment by clicking on the appropriate button, thus accepting the conditions of the contract and the processing of personal data.

By sending the order, the Purchaser declares and assumes the responsibility to have the necessary requirements established by law to be able to purchase goods, to have correctly and truthfully communicated their personal data, to have read and accepted these conditions general sales, to have read the privacy policy and to have consented to the processing of personal data.

Once the order form has been sent by the Buyer, the Seller will send the relevant receipt to the e-mail address indicated, accompanied by the order identification number to be used for any communication with the Seller.

The order receipt will indicate:

- order identification, consisting of an order number and date;

- payment method used;

- essential information on the items ordered ("foodbox"), with detailed indication of the quantity and price;

- indication of the total price of the order and any discount coupons used;

- indication of the shipping method and related costs;

- indication of any applicable taxes;

If the order cannot be processed, "Baggie" will notify the Buyer by e-mail. "Baggie" will return the amounts received by crediting the credit card used by the customer or by bank transfer within thirty days of the communication of the bank details that the customer will indicate, again by e-mail.

If the Customer finds errors in the data contained in the order receipt, he undertakes to immediately notify the company via the following address:

-info@baggie.it 

1. Liability disclaimer.

"Baggie", declining all responsibility, is keen to specify that the images describing the "foodboxes" and the related products are purely illustrative and may not correspond perfectly to the real product, even with reference to the colors, the display of which may be altered by IT tools used by the user.

"Baggie" assumes no responsibility for inefficiencies attributable to force majeure such as accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods, epidemics and other similar events that prevented, in whole or in part, to execute the contract within the agreed time.

"Baggie", pursuant to art. 61 of the Consumer Code is required - towards consumer customers only to deliver the goods at the latest within thirty days from the date of conclusion of the contract. The obligation is fulfilled by transferring the material availability or in any case the control of the goods to the Customer.

"Baggie" sells "foodboxes" containing food and wine items and food products, packaged and supplied by third parties. "Baggie" endeavors to select the producers and suppliers with diligence and expertise in order to deliver to the Buyer products corresponding - in quality and characteristics - to those expected. However, "Baggie" is not responsible for violations of the law by producers and / or suppliers and in any case will not be responsible for any damage resulting from alterations and / or sophistications of the products contained in the "foodboxes" that cannot be connected to the Seller. The Buyer is always required to check the product labels, to take note of the expiry date indicated therein and to carefully read all the written indications, including those relating to the ingredients and composition of each individual.product. In this regard, the Purchaser must always and in any case check the compatibility of the product with his own intolerances or allergies, declining the Seller's responsibility in this regard even if the content of the "foodbox" has been specifically adapted to the individual needs of the Purchaser. same.

"Baggie" is not responsible for any fraudulent or illegal use that may be made by third parties, of credit cards, checks and other means of payment.

"Baggie" declines all responsibility for any risks and / or damages that the user may incur while using the site.

1. Obligations of the Buyer at the time of delivery.

At the time of delivery, it will be the Customer's responsibility to ascertain:

- that the packaging is intact, neither damaged, opened, wet or altered;

- that the number and type of items correspond to what is indicated in the transport document.

Any damage to the "foodbox" or the packaging or the mismatch with the information in the transport document must be immediately reported to the courier andmust be shown on the courier's proof of delivery.

In case of return of the goods by the courier due to impediment to delivery, the order will be canceled with a charge for transport costs to be paid by the Customer.

1. Warranty.

The purchased goods are covered by a legal guarantee in accordance with the methods and conditions provided for by law, compatibly with the characteristics of the specific products, especially in terms of perishability and storage methods.

If the Purchaser intends to make use of the guarantee, he must promptly report the defect, defect, damage and / or non-conformity of the product. The complaint must be made by sending an email to the addressinfo@baggie.itattaching photos of the damage and indicating the order number. "Baggie" reserves the right to carry out the appropriate checks and in this sense the Buyer guarantees its full cooperation.

For non-consumer customers, the discipline and timing set out in the civil code will apply, so that the complaint must be made within eight days of delivery. For consumer customers - where required by mandatory legislation in force in consideration of the particular nature of the products, this allows, also taking into account their specific conservation and expiration - the deadline for reporting is two months from the date of discovery of the defect.

If the conditions are met, the product will be replaced with another of the same type but in case of stock out, "Baggie" reserves the right to send a different product of the same value. In the event of a subscription in progress, if the Customer agrees, "Baggie" will send the product to be replaced together with the products contained in the "foodbox" of the following month. Should the replacement prove uneconomical, "Baggie" may choose to refund the price of the single product to be replaced.

If the product is tampered with, "Baggie" reserves the right to accept the validity of the Warranty.

1. Acceptance of the general conditions of sale.

By submitting the order form, the Buyer declares to have read and accepted these general conditions of sale (the copy of which can be downloaded and / or printed by the user by clicking on the link "General Conditions of Sale") and to have the requisites required by law to be able to enter into this contract. The general conditions of sale also accept the Privacy and Cookies Policy indicated by "Baggie" in the respective dedicated links.

The acceptance of the Purchaser is also valid pursuant to art. 1341 of the Italian Civil Code as well as pursuant to art. 33 of the Consumer Code, for consumer customers.

"Baggie" reserves the right to modify and / or integrate these general conditions of sale, which will become effective at the time of publication on the site.

1. Right of withdrawal and refund.

Without prejudice to the exceptions referred to in art. 59 of the Consumer Code applicable to this case, the Consumer Customer, pursuant to and within the limits of art. 52 of the aforementioned Code, has the right to withdraw from the contract concluded online with "Baggie" withinfourteen working days from receipt of the purchased product, without penalty and without the need to specify the reason. In the case of "subscriptions", the term of fourteen days starts from the day of delivery of the first "foodbox".

Following the right of withdrawal exercised, the Customer can return the items purchased and obtain a refund of the price paid in the manner indicated below.

In order for the Customer to make use of the right of withdrawal, the returned "foodbox" must be intact (not being able to disregard the characteristic of the object of the contract constituted by the "surprise" effect), has not suffered damage and is fully compliant how it was delivered (i.e. with original label, documentation, accessories, packaging and packaging).

To exercise the right of withdrawal, it is necessary to send a specific e-mail to info@baggie.it with the subject "exercise of the right of withdrawal" and containing an explicit declaration of the decision to withdraw from the contract, indicating the order number.

The Customer will be notified, again via email to the address used by the same for the communication, the confirmation of receipt of the withdrawal exercised.

1. Obligations of the Customer in the event of withdrawal.

The "Consumer Customer" is obliged to return the "foodbox" in its entirety ("partial" withdrawal is excluded) within fourteen days from the date on which he communicated the withdrawal, returning - at his own expense - the "foodbox" to the address of the seller.

The Customer is responsible for any decrease in the value of the goods and in this case the refund will be made to the extent proportionally reduced to the ascertained decrease.

Within thirty days of the arrival of the returned package, "Baggie" will refund the value of the goods with the same payment instrument used by the Customer or alternatively by bank transfer using the data that the Customer will communicate via e-mail.

1. Exceptions to the right of withdrawal.

Without prejudice to the exceptions of art. 59 of the Consumer Code applicable to the case in point, the Seller informs the Customer, in particular and by way of example, of the following cases in which the right of withdrawal does not work:

- supply of goods made to measure or clearly personalized (eg "foodbox" specially adapted for the customer);

- supply of goods which risk deteriorating or expiring rapidly;

- supply of sealed goods which cannot be returned for hygienic reasons or related to health protection and have been opened after delivery;

- supply of goods which, after delivery, are by their nature inseparably mixed with other goods.

1. Intellectual Property - Copyright & Trademark.

"Baggie" warns that the content of the site (images, photographs, drawings, interviews, videos, graphic elements, sounds, music, colors and articles) and the published products (trademarks and distinctive features etc ...) may be protected by rights owned by third parties and that any reproduction, publication, distribution of the same may be subject to restrictions. Consequently, the Purchaser will assume responsibility for any illicit use or in any case for non-compliance with the constraints inherent in the intellectual property of others (including copyrights, patents, trademarks and identification marks, image rights etc ...) . In any case, without prejudice to the above limitations, "Baggie" is the owner of all rights relating to the graphic and conceptual content of the site, as well as to its own published distinctive signs. Reproduction must therefore be considered prohibited.

1. Privacy.

Regarding privacy and the processing of personal data, see the link "Privacy Policy", The content of which must be understood as being entirely referred to here and which the Customer declares to have read, understood and accepted.

1. Cookies.

The site, for its proper functioning, makes use of so-called "cookies", on whose use see the link "Cookies Policy", The content of which must be understood as being entirely referred to here and which the Customer declares to have read, compressed and accepted.