Terms of service

GIVEN THAT

This site www.thecottonbag.it and any mobile application of The Cotton Bag (hereinafter, the "Website") are owned by The Cotton Bag SAS of Riccardo Strukul & C., with registered office in Vicenza, Viale Giosué Carducci 20, tax code and p. VAT 04290960246 registered in the Vicenza business register with REA VI - 393643, and is dedicated to the retail sale of food and non-food products (hereinafter, the Products). The Website allows Users (as defined below) to:

  • view the Products (as defined below), such as food, beverages and cosmetics and similar products, which can be purchased through the Website;
  • select the Products that users intend to purchase on an occasional basis (Single Spending Service);
  • use the home delivery service for the Products;
  • pay the amount due to The Cotton Bag for the purchase of the selected Products, based on the Service (as defined below) chosen.

THE COMPANY, IN THE SCOPE OF ITS FAIRNESS AND TRANSPARENCY POLICY, INVITES EACH CUSTOMER OF THE WEBSITE (Hereinafter, THE "CUSTOMER"), BEFORE STARTING NAVIGATION OF THE WEBSITE, TO CAREFULLY READ THESE TERMS AND CONDITIONS (" T&C ") THAT GOVERN THE SERVICES OFFERED THROUGH THE WEBSITE.

IF YOU DO NOT INTEND TO ACCEPT THESE T&C AND / OR ANY OTHER NOTICE, LEGAL NOTICE, DISCLAIMER OR STATEMENT OF LIMITATION OF LIABILITY PUBLISHED ON THE WEBSITE, WE PLEASE DO NOT USE THE WEBSITE OR ITS SERVICES.

1. TERMS AND CONDITIONS OF USE

These T&C define and regulate the general conditions of use of the Website and the Services provided to the Customer by The Cotton Bag SAS di Riccardo Strukul & C, as identified above, in the person of the legal representative pro tempore (the "Company" or "The Cotton Bag").

The use of the Website by each Customer, regardless of whether they are a Visitor Customer or a Registered Customer, is subject to the terms and conditions set out in these T & Cs, even if the Customer does not benefit from any of the Services or features available on the Website.

For the purposes of this contract, the term "T&C" indicates the set of general rules for the use of the Website and the Services as well as the particular conditions governing the use of the individual Services, including any document referred to by it or any other note , legal notice, information or disclaimer published on the Website. The privacy policy (the "Privacy Policy"), the "Help" section and any additional conditions listed in the various sections of the Website are to be considered an integral and substantial part of the present T&C.

In these T & Cs, in addition to the terms defined elsewhere, the terms listed below will have the meanings attributed alongside each of them. In particular:

Website - means the website accessible at the address www.thecottonbag.it, but also all internet addresses (eg URLs, domain names and pages) and / or any related application software for the use of the Services that the Company controls or manages and that are used to offer or provide the Services as well as all the mirror, replacements and backups, and all web pages that the sites include.

For clarity, it is specified that any reference to the "Website" contained in these T&C includes all current or future versions of the website www.thecottonbag.it, as well as any mobile application through which you have access to the site or the services of The Cotton Bag and this regardless of whether, in either case, the access is via a currently existing platform or device or via a future platform or device (including, but not limited to, any mobile site, mobile application, affiliate or related site intended to provide access to The Cotton Bag site or services that may have developed over time).

Company - means The Cotton Bag SAS by Riccardo Strukul & C, as identified above.

Service - means individually or collectively any service and all the functions associated with it offered on the Website both free of charge and for a fee and offered directly by the Company or by third parties with our contribution. The term "Service" includes, in the absence of specifications, the Website and all services, including paid services, functions, and characteristics that are offered within the Website and which are in any case made available to Users.

Customer - collectively means the Visitor Customer or Registered Customer and in any case anyone who uses or is about to use or enjoy the Services and / or the Website.

Visitor Customer - means the Customer who browses the Website and / or uses the features and / or Services made available to the generality of Users without registering on the Website or subscribing to any Service.

Registered Customer - means the Customer who registers by providing information to obtain access to the use of the Service accessible only after Registration (as defined below) on the Website.

Producers - means Companies, Artisans, Agricultural Producers or Consortia and similar whose Products (as defined below) are sold through the Website to Users.

Products - the products sold through the Website to users.

Minimum Spending - means the minimum threshold of EUR 20,00 to be reached in a single delivery to be able to complete the shopping on the Website. This threshold is calculated on the total value of the Products in the cart.

 Transporter - means the transport company or freelancer delegated to transport the Products to the Customer.

2. CHANGE OF T&C

The Company reserves, as indicated below, the right to update, integrate and modify in whole or in part the terms of these T&C and each of the documents referred to by them, including the Privacy Policy, the Services and their respective characteristics, as well as , by way of example and not limited to, the fees for the use of the Services published therein.

The Customer undertakes to periodically review the T & Cs, it being understood that the Company will do everything reasonably necessary and appropriate to inform the Customer, through the Website itself, of any changes in the T & Cs, including the Services.

Changes to the T&C and / or related Services will be effective from the time of publication on the Website and will apply only to sales concluded subsequently.

The Company will inform Users of changes to these T&C or to the functionality / limitations of the Services and / or the costs thereof by publication on the Website and, for Registered Users, by means of a specific communication sent to the Customer's email address indicated in act of registration on the Website and / or subsequently.

The changes and updates will be deemed accepted by the Users by connecting to the Website or using the Website after the moment in which the change has been published on the Website itself.

If the Customer does not agree with the changes made, the same is invited not to use the Website and, in the case of a Registered Customer, can proceed with the cancellation of his account, by sending an email to the address info@thecottonbag.it

3. AGE AND RESIDENCE

The Website and the Services offered are intended for Users residing in the Italian territory who have reached the age of 18 (eighteen) years of age. The Service is provided automatically by computerized systems.

The Customer who intends to register or subscribe to the Service by proceeding with the Registration and subsequently selecting the Services guarantees that he is of age, and that the personal data provided are true, correct, updated, referring to the person who inserts them or entered with the consent of the third party, assuming all responsibility for the correctness and truthfulness of the information provided. Should there be any changes in the data provided by the Users, it will be the responsibility of the latter to inform the Company of the updates as soon as possible.

4. REGISTRATION TO THE WEBSITE

The navigation of some sections of the Website and the use of the Service offered within the Website are also accessible free of charge by Visitor Users.

For the purposes of full and complete use of the Service offered by the Website, registration on the Website is not necessary.

4.1. How to register on the Website

In order to use the Services, the Customer is required to register by providing some personal information (hereinafter, the "Registration"), indicating a valid personal e-mail address and creating a personal account (hereinafter, the "Profile "), Following the relevant registration procedure illustrated from time to time at the time of Registration, to allow the Company to have a sufficient purchase profile to provide the Services. The creation and / or use of further Profiles attributable to the family unit of already registered Users is not permitted.

The Registered Customer may at any time access their Profile to update or modify the data entered, including information relating to their preferences and address. It is understood that the Registered Customer will be solely responsible for the truthfulness and updating of such information.

In the event that the Customer does not complete the Registration or authentication procedure after providing the e-mail address and / or other data required for Registration, the Customer may receive a limited number of communications that will invite him to complete the process. registration and describe the service for which the registration procedure was initiated, without prejudice to the Customer's right to delete their data and delete their Profile from the Website by writing to info@thecottonbag.it with the subject "Request for cancellation" .

4.2. Email

The Registered Customer undertakes to provide a personal e-mail address, which he guarantees to have legitimately and to which he regularly accesses. The Registered Customer also undertakes to promptly update his e-mail address registered on the Profile in case of change. Profiles registered with the e-mail address belonging to subjects other than the Registered Customer or with temporary e-mail addresses may be deleted from The Cotton Bag without notice. The Cotton Bag also reserves the right not to validate individual accounts where The Cotton Bag has reason to believe that the email addresses provided are invalid.

4.3. Profile Cancellation

At any time, Users can delete their Profile by sending an email with the subject "delete profile" to info@thecottonbag.it

5. PRODUCTS

5.1. Offer to the public

All the Products and prices indicated in the Services constitute an offer to the public with the limitations and methods contained in the Website itself and in these T&C.

5.2. Graphic layout

The illustrative photographs of the Products are merely representative and have the sole purpose of presenting the Products. Consequently, the Company declines all responsibility and does not provide any guarantee with reference to the correspondence of the graphics of the Products published on the Website and that of the Products delivered.

 5.3. Variable weight products

Variable weight products (e.g. fruit, vegetables) are offered on the Website in guaranteed minimum sizes and weights.

In the event that the Products purchased include one or more of these variable weight products, the Company will only apply the price calculated at the time of the order, without any consideration of price increases or decreases, which may have occurred subsequently or previously concluded.

 5.4. Products per pack

In the event that the Products purchased through the Services include one or more of these products per package, the Company will only apply the price calculated at the time of the order, without any consideration of price increases or decreases, including for promotions, which may have occurred subsequently. or previously concluded.

5.5. Prices

All prices include VAT. The cost of delivery and service management is not included in the price of the Products unless expressly indicated.

6. THE SERVICES

The Service offered by The Cotton Bag to Users is a service that allows you to:

  • view the Products (boxes and / or individual goods) that can be purchased through the Website;
  • select the Products that the Customer intends to order and purchase;
  • choose the method of delivery of the Service: home delivery or collection at agreed collection points
  • pay the amount due to the Company for the purchase of the Products offered on the Website;
  • use the Product delivery service to the delivery address indicated by the Customer.

6.1. Purchase of Products with home delivery

The Customer, by connecting to the Website, can select the city of reference and the date chosen for the delivery of the shopping as well as view all the Products available for purchase, selecting those of interest to him and adding them to the cart.

Once the Minimum Spend has been reached and the single expenditure is finished, the Customer can:

  • check the Products added to the cart, the relative purchase price and the total cost of the individual shopping;
  • confirm your shipping and billing information;
  • choose city, day and time of delivery among those available;
  • choose the payment method among those available;
  • enter any coupon codes;
  • proceed with the purchase order by clicking, alternatively depending on the payment method chosen, on "Credit Card" or "Paypal". In case of subsequent failure in the payment process, the purchase order will be invalid and will be immediately canceled.

Furthermore, the Customer will have the right to place orders by 14.00 pm on the day before delivery.

6.2 Purchase Order Acceptance

The acceptance by the Company of the purchase order entails the immediate debit of the amount of the expense according to the selected payment method.

Following acceptance of the order, the Single Spend Customer will receive confirmation by e-mail of the purchase with express indication of the summary of the Products ordered and the relative prices, the date and time of delivery and the general and particular conditions applicable. to the order itself.

6.3. Terms of payment

Credit card

To ensure maximum security, the Customer will carry out the payment transaction directly on the secure server of the payment system provider. The data for payment by credit card are processed directly by the payment system provider as specified in the Privacy Policy.

PayPal

To ensure maximum security, the Customer will be redirected to the PayPal site where he can make the payment according to the methods accepted by Paypal and in compliance with the relative conditions.

CAUTION

By completing the purchase order, the Customer:

  1. a) guarantees the availability of the sum necessary for the payment of the Products ordered through the Single Spending Service;
  2. b) can decide whether to expressly authorize the Company or third parties authorized by it to keep the identification of the credit card or Paypal account on their systems in order to authorize any subsequent charges by the Company and therefore to allow the Customer Spesa Singola the easy repurchase on the Website.

6.4. Billing

If the purchase is made by a professional or a company, it will be possible to request an invoice by contacting the email address info@thecottonbag.it providing billing data including tax code and / or VAT number. The Customer is responsible for the correctness of the billing data provided and is expressly informed that, in case of failure to request the invoice before placing the order, it will not be possible to request it later.

Public administrations or companies subject to split payment (for example, public companies or companies listed in the FTSE MIB index) should contact The Cotton Bag customer service at the email address info@thecottonbag.it  before completing an order on the Website. With regards to these subjects, The Cotton Bag is authorized to cancel orders placed without prior notice.

7. GIFT VOUCHERS

The gift voucher is a virtual card that can be redeemed. It can be used for the purchase of Products exclusively on The Cotton Bag Website.

The amount is scalable and therefore can be used for multiple purchases until the contained value is completely exhausted or partial payment of a purchase and the resulting balance can be used for future purchases. The balance does not entitle you to cash refunds for the contained amount nor can it be exchanged for cash.

The gift certificate cannot be reloaded and must be used by the expiry date indicated in the email confirming receipt of the gift certificate. The residual value of the gift voucher can be checked at any time by clicking on "View gift voucher" in the email confirming receipt of the gift voucher or in the Apple Wallet after adding it by clicking on the appropriate link in the same email mentioned above.

The gift voucher is associated with a Profile and cannot be used or transferred for third party account purchases.

In case of loss of the code, the voucher cannot be blocked, it will not be replaced and no responsibility can be attributed to The Cotton Bag for its improper or unauthorized use.

The issuance of the voucher does not imply an anticipation of the sale of the goods to which the voucher gives the right and is not relevant for VAT purposes and therefore does not involve any invoicing by the Company. The relevance of VAT and the related invoicing obligations refer to the use of vouchers in relation to specific purchases of goods.

8. DELIVERY OF PRODUCTS

8.1. Delivery methods

The Company will arrange for the delivery of the Products to the address indicated by the Customer by means of selected professional Transporters.

The Company delivers the purchased Products only in the enabled areas visible in the cart. The Products will be delivered on the days and at the times chosen by the Customer. Unless explicitly agreed in writing via email, the presence of the Customer or his representative is required for delivery at the address and time slot indicated in the order.

The delivery service is guaranteed only for homes that can be reached with the vehicles supplied to the Company's suppliers (for example, homes that can only be reached via dirt roads or exclusively pedestrian streets are excluded).

8.2. Complaints

Upon delivery of the goods, the Customer, or the person appointed by the latter, will be required to verify that the packaging is intact, not damaged or otherwise altered. Any damage to the packaging and / or the Products must be immediately contested by the Customer, placing a written control reserve on the Transporter's delivery document and specifying the reason for the reserve (by way of example, "Punched packaging", "Tampered packaging") . For any anomalies found on the Products, other than those due to the physiological deterioration of food products or the mere imperfection of the packaging, the Customer may contact the Company at the email address info@thecottonbag.it specifying the defects found and documenting it with photographic material ( material to be compulsorily attached to the communication).

8.3. Delivery failure

The Customer acknowledges and accepts that in case of impossibility of delivery of the Products due to his (or the person in charge of receiving the shopping) non-presence at the time of delivery on the day and in the agreed time slot, the Products will not be canceled from the order and the relative amount will not be credited back to the Customer.

8.4. Responsibility

The Company undertakes to execute the Services in good faith and to fulfill, or ensure that they are fulfilled, with the utmost diligence, all the obligations established therein in the spirit of solidarity and self-organization that characterizes and must characterize all activities and services offered and used by Users through the Website.

The Company will not be responsible for any delays occurring during transport. Likewise, the Company cannot be held responsible for any loss, damage, incorrect or non-delivery caused by events and / or causes of force majeure or unforeseeable circumstances, such as by way of indication but not limited to: natural disasters, adverse weather conditions (such as for example heavy snowfalls), any strikes (by its own or other employees), accidents to means of transport, explosions or any other cause, similar or different, occurring outside the control of the Company and not attributable to it, even pre-existing, which prevents or aggravates the 'total or partial execution of the contract.

9. RIGHT OF WITHDRAWAL

9.1. Cases of exclusion of the right of withdrawal

Pursuant to art. 59, paragraph 1, lett. d) and e) of Legislative Decree 6 September 2005, n. 206 (Consumer Code), the right of withdrawal is excluded in relation to:

  1. a) Goods purchased by a non-consumer customer and / or requiring an invoice;
  2. b) Assets that are likely to deteriorate or expire rapidly; is
  3. c) Sealed goods which cannot be returned for reasons of hygiene or health protection and which have been opened, modified, tampered with or similar after delivery.

With reference to the cases of exclusion of the right of withdrawal listed above, the Customer, in particular, is informed and accepts that the Products that "risk deteriorating or expire rapidly" include all food products, as the characteristics and qualities of these types of Products are subject to alteration also as a result of inappropriate storage. Therefore, for hygienic reasons and for the protection of Users, the right of withdrawal is only applicable for Products purchased on the Website that can be returned to The Cotton Bag, intact in their respective seal, and put back on the market without endangering the health of consumers. .

9.2 Exercise of the right of withdrawal

The Customer may exercise the right of withdrawal, pursuant to art. 52 and ss. of Legislative Decree 206/2005, in relation to specific Products, other than those listed in paragraph 10.1 above, provided that these, after delivery, have not been opened, their seals altered, modified or similar.

In cases where the exercise of the right of withdrawal is allowed, the Customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty.

To exercise the right of withdrawal, the Customer must send The Cotton Bag, within 14 days from the date of delivery of the Products, a written communication by e-mail to the following email address info@thecottonbag.it with the subject "Exercise of right of withdrawal "and expressly declaring their will to withdraw and providing the following additional information:

  1. purchase order number and date;
  2. purchase order delivery date;
  3. the name and address of the Customer;
  4. the indication of the Customer's e-mail and telephone number;
  5. code of the products or articles for which the right of withdrawal is to be exercised.

The right of withdrawal applies to the Product purchased in its entirety; therefore, if the Product is composed of several components or parts, the right of withdrawal cannot be exercised only on part of the purchased Product.

Upon receipt of the communication to exercise the right of withdrawal, The Cotton Bag will open a file for the management of the return and communicate to the Customer the instructions on how to return the Products.

In case of exercise of the right of withdrawal, The Cotton Bag will refund the Customer the full amount of the returned Products, within 14 days from the date on which the notice of withdrawal was received, without prejudice to The Cotton Bag's right to suspend payment of the refund until the actual receipt of the Products. The refund will be made using the same payment method used by the Customer.

10. OBLIGATIONS OF THE CUSTOMER

The Customer undertakes not to use the Website and / or related Services for illegal purposes or for purposes not covered by these T & Cs. The Customer may not use the Website or the related Services in a way that would damage or otherwise impair the Website or interfere with the use and enjoyment of the Website of the related Services by other Users.

The Registered Customer is required to keep the access credentials to his confidential Profile and is responsible for any use of the Website that is made by anyone who accesses using his credentials. The Registered Customer undertakes in any case to (i) not use machines, algorithms, software or other automatic functions to generate the recall of pages or materials, (ii) not to generate page references, through "chains of St. Anthony", e-mail or other means, through which a person or group of people is requested to consult a page and (iii) notify the Company immediately in the event of a suspected breach of the security of their Profile.

11. LIMITATION OF LIABILITY

The Company undertakes to implement the quality standards relating to the Products exclusively up to the time of delivery at the place indicated by the Customer; any liability relating to the poor condition of the Products due to improper storage after delivery or at other delivery points authorized by the Customer outside the time slots indicated by The Cotton Bag is excluded.

The Company declines all responsibility for the information, data and any technical or other inaccuracies that may be contained on the Website.

The Company declines all responsibility for the information provided / acquired directly by individual manufacturers and other suppliers.

Any disputes relating to the execution of the Service may be raised, under penalty of forfeiture, within 48 (forty-eight) hours following delivery by writing to info@thecottonbag.it documenting the dispute also with photographic material.

The Company will not be liable for any damages deriving from the inaccessibility to the Services deriving from problems connected to the network, to the providers or to telephone and / or telematic connections over which it has no control, to the failure and / or faulty functioning of the electronic equipment of the Customer or Company suppliers.

The Company assumes no responsibility for content created or published on third party sites with which the Website has a hypertext link ("Link"). The Customer who decides to visit a website connected to the Website does so at his own risk, assuming the burden of taking all necessary measures against viruses or other malware.

In order to ensure maximum freshness linked to the seasonality of the Products and to the variability of production depending on atmospheric conditions (drought, heavy rains, snowfalls, freezes), the Customer acknowledges and accepts that all the Products indicated in the may not be delivered sporadically. order sent and accepted by the Company.

In this case, the Company will promptly reimburse the amounts relating to the Products ordered and not delivered.

For each order placed, The Cotton Bag will issue a specific receipt or an electronic invoice in the event of an explicit request as indicated in the paragraphs above indicating these provisions. The data provided by the Registered Customer at the time of the order will be included in the relevant receipt / invoice, it being understood that no changes will be possible following the issue of the receipt / invoice itself.

12. RESOLUTION. TERMINATION OF SERVICES

The Company reserves the right to cancel the Profile and / or not to allow the Customer to access and use the Website and the Services or part thereof, at any time and with immediate effect, in the event of violation by the Customer of his obligations under the previous Articles 4.1 (How to register on the Website), 6.3 (Mmethod of payment) And 11 (Customer Obligations). As for these Users, The Cotton Bag is authorized without prior notice to cancel orders placed and not yet delivered.

Access to the Website may also be temporarily interrupted in the event of technical problems or to ensure its maintenance. Such interruptions will be communicated if possible on the Website.

At any time the Company may make improvements and / or changes to the Website and to the Services if this is necessary for technical reasons or in order to comply with current legislation.

The Company also reserves the right to cease, in whole or in part, the provision of the Services at any time and with reasonable notice in order to allow customers to use the orders sent. In such cases, the Company will promptly notify Users via e-mail and, in general, to Users, by means of a notice on the Website.

13. ADDITIONAL INFORMATION. SUSPENSION OF SERVICES

The Company reserves the right to request additional information from the Client or to send copies of documents proving ownership of the card used.

The Company reserves the right not to accept the purchase order and / or to terminate with immediate effect the obligations arising from these T&C in accordance with the provisions of Article 12 above (Resolution. Termination of Services) in the event that the Customer does not provide information and / or copies of documents demonstrating ownership of the card used to pay for the Products ordered.

In no case can the Company be held responsible for any fraudulent use of credit cards by third parties when paying for Products purchased on the Website.

14. PRIVACY POLICY

The Company will process the Users' personal data in compliance with the privacy legislation as defined in detail in the information on the processing of personal data, Privacy Policy, available in the respective section of the Website.

15. APPLICABLE LAW. DISPUTES

15.1. Applicable law

These T&C, including the documents referred to therein and the other legal notices published on the Website and in general the relations between the Company and the Users of the Website are governed by Italian law and must be interpreted in accordance with the same.

15.2. Extra-judicial conciliation

Given that the Seller is always available to seek an amicable solution to disputes that have arisen, through the contacts indicated in the preceding points, we inform you that, according to Article 14 of EU Regulation no. 524/2013 and by the resolution on the ODR referred to in the Statutory Instrument n. 500/2015 in force since 15 February 2016, an online platform has been established by the European Commission for the resolution of ODR disputes ("online dispute resolution") deriving from the purchase of goods online, accessible at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage Through the ODR platform, it is possible to consult the list of ODR bodies, find the link of each of them and start an online dispute resolution procedure. More information on the platform is available at the following link: https://webgate.ec.europa.eu/odr/main/?event=main.about.show

15.3. Further Disputes

Any disputes connected and connected to the use of the Website and the Services contemplated therein, which are not susceptible to a settlement through the Joint Conciliation procedure referred to in paragraph 15.2, are reserved to the Italian jurisdiction and the mandatory and exclusive territorial jurisdiction of the Court of Vicenza.

Specific approval of the T&C pursuant to and for the purposes of Articles 1341 and 1342 cod. civ.

Pursuant to and for the purposes of Articles 1341-1342 cod. civ., the parties declare that they have read and understood, and therefore expressly approve the Articles: 2 (Change in T&C) 4 (Registration on the Website) 5 (Products) 6 (Services) 8 (Delivery of the Products) 9 (Right of withdrawal) 10 (Customer Obligations) 11 (Limitations of responsibility) 12 (Resolution. Termination of Services) 13 (Additional information. Suspension of Services) And 15 (Applicable law. Disputes).

With the release of his definitive authorization for Registration, therefore, the Customer fully and explicitly approves, without any reservation, the aforementioned clauses and identified in part in the previous paragraph.