TERMS AND CONDITIONS

The Customer acknowledges that the company NUOVA POMUP SICILIA SRL, with registered office in Vizzini (CT), Via C/da Corvo, snc VAT number 05330190876 telephone 0933 966322, email: info@pomupsicilia.it hereinafter referred to as the “Supplier”, offers the goods for sale via the electronic network, at the address //pomupsicilia.it/ under the conditions set out below in compliance with the provisions contained in the Consumer Code and Legislative Decree No. 70 of 9 April 2003, implementing Directive 2000/31/EC of 8 June 2000 of the European Parliament and of the Council.<br>
Definitions
1.1. The term “online sales contract” means the sales contract relating to the Supplier’s movable goods, stipulated between the Supplier and the Buyer within a remote sales system via telematic tools, organised by the Supplier.
1.2. The term “Buyer” means the person who makes the purchase referred to in this contract: (i) the “Consumer” means the natural person who makes the purchase referred to in this contract for purposes other than any entrepreneurial, commercial, artisanal or professional activity carried out; (ii) the “Professional” means the natural or legal person who acts in the exercise of his/her entrepreneurial, commercial, artisanal or professional activity, or his/her intermediary.
1.3. The term “Supplier” means the person indicated in the introduction.
2. 1 Object of the contract
With this contract, respectively, the Supplier sells and the Buyer purchases remotely via telematic tools the tangible movable goods indicated, described and offered to the public for sale on the website www.pomupcsicilia.it

Prices
3.1. All prices of products, displayed and indicated on the website //pomupsicilia.it/, are expressed in euros and constitute an offer to the public pursuant to art. 1336 of the Civil Code
3.2. The sales prices, referred to in the previous point, include VAT and any other taxes; shipping costs and any additional charges, if any, although not included in the purchase price, are indicated and calculated in the purchase procedure before the order is sent by the buyer and are also included in the web page summarizing the order placed.
3.3. The Supplier issues an invoice only upon explicit request by the Customer through the appropriate section provided during the order completion phase. For the issuing of the invoice, the information provided by the Customer shall be valid; no change to the data will be possible after the invoice has been issued.

Phases for the conclusion of the contract
4.1. Completion of the order. The contract between the Supplier and the Buyer is concluded exclusively through the Internet by the Buyer accessing the Internet address //pomupsicilia.it/, where, following the procedures indicated in the section of the site called “Cart”, the Buyer will complete the purchase order.
4.2. Verification and sending of the order. After completing the order, the Buyer will verify the correct compilation of the same by viewing a web page summarizing the order. Once the correctness of the order has been verified, the Buyer can confirm it by pressing the appropriate “Confirm order” button; sending the purchase order by pressing the confirmation button constitutes acceptance by the buyer of the offer to the public of goods contained on the Supplier’s website.
4.3. Conclusion of the contract. The sales contract is concluded when, after pressing the order confirmation button, the message “The order has been received correctly” appears on the screen, followed by all the order summary data: the details of the person ordering and the order, the price of the goods purchased, the shipping costs and any additional charges, the payment methods and terms, the address where the goods will be delivered. The contract is not considered perfected and effective between the parties in the absence of what is indicated in this point. The transmission by the Buyer of a purchase order to the Supplier, via the Internet, constitutes full acceptance of these general conditions of sale.
4.4. Confirmation by e-mail. Upon receipt of the order by the Supplier, the Supplier himself will confirm receipt of the order by sending an e-mail confirming the order to the e-mail address communicated by the Customer; This confirmation summarizes the items chosen, their prices (including delivery costs), the delivery address, the order number and a summary of the conditions applicable to the contract. The buyer undertakes to verify that the data contained in the order summary are correct and to communicate any corrections to the Supplier, without undue delay, by telephone, fax or e-mail. In the case of orders placed by telephone or fax, the Supplier will confirm the order by e-mail or fax to the e-mail address or fax number declared by the Customer at the time of the order.
4.5. Product Availability. In the event of failure to execute the order by the Supplier, due to the unavailability, even temporary, of the requested goods, the Supplier, without unjustified delay, informs the buyer by e-mail, and refunds any sums already paid for the supply; the supplier cannot fulfill the order by performing a supply other than that agreed, even if of equivalent or superior value and quality.
4.6. Order Status. After registering on the website www.pomupsicilia.it, the buyer can at any time check the status of their order in the appropriate section of the website called “Profile – My Orders”.

Exclusion of the right of withdrawal
5. 1 Pursuant to and for the purposes of art. 59 of the Consumer Code, since this contract concerns the supply of goods which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly, the Buyer cannot exercise the right of withdrawal provided for in articles 64 and following of the Consumer Code.

Payment and refund methods
6.1. All payments by the Buyer may only be made by credit card, or Paypal or other method expressly indicated in the specific purchase procedure prepared by the Supplier.
6.2. Payment by credit card. At no time during the purchase procedure by credit card does the Supplier become aware of any information regarding the Customer’s credit card. This information is transmitted directly to the website of the relevant banking institution, via a “protected” connection; even more so, this data will not be archived in any way (in electronic, paper or in any other way) by the Supplier. Pursuant to art. 56 of the Consumer Code, the institution issuing the payment card will re-credit the consumer for payments which the latter demonstrates to be in excess of the agreed price or to have been made through fraudulent use of the consumer’s payment card by the professional or a third party, without prejudice to the application of Article 12 of Legislative Decree no. 143 of 3 May 1991, converted, with amendments, by Law no. 197 of 5 July 1991. The Supplier reserves the right to ask the Customer for further information (for example, landline telephone number or copy of identity card or other document) as proof of ownership of the credit card used for the purchase; in the event of refusal by the Buyer, the Supplier reserves the right to withdraw from the contract.
6.3. Any refund to the Buyer will be credited using one of the methods proposed by the Supplier and chosen by the Buyer, in a timely manner.

Shipping methods, times and costs
The Supplier will deliver, through specialized carriers, the products chosen by the Buyer, with the methods, times and costs indicated below.
7.1. In order to guarantee perfect conservation for the entire duration of transport, the products will be packaged in a special packaging specifically designed to isolate the external temperature from the internal one and to maintain the quality and freshness of the products unchanged.

To maintain the cold chain, a special isothermal air bubble film and cooling gel devices that are generally used in the thermostating of packaging will be used to control the internal temperature.
We recommend checking the goods upon delivery and verifying that the quantity of products delivered corresponds to what was ordered, that the packaging is intact, not damaged, or in any way altered.

Any problems with delivery must be reported promptly to our email address servizioclienti@pomupcicilia.it and in any case within 24 hours of receiving the goods, attaching photos of any damage that the goods have suffered. For each declaration, the customer assumes full responsibility for what is declared.

7.2. In order to ensure the maximum freshness of our products, we ship orders from Monday to Wednesday. Delivery takes place within the week for orders received by Tuesday. Orders placed between Wednesday and Sunday will be processed from the following Monday morning.

Estimated delivery times from the date of shipment are: Italy: 2 / 3 days.
Abroad: 5 / 6 days

7.3. Shipping cost:
Italy: €14
Shipping is FREE for orders over €78.00

Abroad: starting from €28 (It is possible to calculate the cost of transport based on the destination country in the appropriate section on the “cart” page) For orders directed to countries outside the European Union, please send an email to ordini@pomupsicilia.it as the procedure for these shipments is different.
Limitations of liability
8.1. The Supplier assumes no responsibility for disruptions attributable to force majeure, in the event that it is unable to execute the order within the timeframes set out in the contract.
8.2. The Supplier cannot be held liable towards the Buyer, except in the case of fraud or gross negligence, for disruptions or malfunctions connected to the use of the internet outside of its own control or that of its sub-suppliers.
8.3. Furthermore, the Supplier shall not be liable for damages, losses and costs incurred by the Buyer as a result of failure to execute the contract for reasons not attributable to him, the Buyer being entitled only to a full refund of the price paid and any additional charges incurred.
8.4. The Supplier assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards, cheques and other means of payment, upon payment for the products purchased, if he can demonstrate that he has adopted all possible precautions based on the best science and experience of the moment and based on ordinary diligence.
8.5. In no case may the Buyer be held liable for delays or errors in payment if he can demonstrate that he has made the payment itself within the times and methods indicated by the Supplier.
8.6. The Supplier assumes no responsibility for goods not collected at the first delivery attempt by the courier.

Guarantees and assistance methods
9.1. All products sold by the supplier enjoy the guarantees provided by law.
9.2. In the event that the Buyer qualifies as a “consumer” pursuant to art. 3 of Legislative Decree 206/2005 (so-called “Consumer Code”) and the definitions set out in point 1, he is also the holder of the non-waivable rights, in terms of legal guarantee of conformity and commercial guarantees for consumer goods, provided for and recognised in Part IV, Title III, Chapter I of Legislative Decree 206/2005, which is fully referred to and constitutes an integral part of this contract.

Buyer’s Obligations
10.1. The Buyer undertakes to pay the price of the purchased goods within the time and manner indicated in the Contract.
10.2. The Buyer undertakes, once the online purchase procedure has been concluded, to print and keep this contract. 10.3.
The information contained in this contract has, moreover, already been viewed and accepted by the Buyer, who acknowledges this, as this step is made mandatory before the purchase confirmation.

Protection of confidentiality and processing of buyer data
11.1. The Supplier protects the privacy of its customers and guarantees that the processing of data complies with the provisions of the privacy legislation, in particular Legislative Decree 30 June 2003, no. 196.
11.2. The personal and fiscal data acquired directly and/or through third parties by the Supplier, the data controller, are collected and processed in paper, computer and telematic form, in relation to the processing methods with the purpose of registering the order and activating the procedures for the execution of this contract and the related necessary communications, in addition to fulfilling any legal obligations, as well as to allow effective management of commercial relationships to the extent necessary to best perform the requested service.
11.3. The Supplier undertakes to treat the data and information transmitted by the Buyer as confidential and not to reveal them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may be disclosed only upon request of the judicial authority or other authorities authorised by law.
11.4. Personal data will be communicated, following the signing of a confidentiality agreement for the data, only to persons delegated to carry out the activities necessary for the execution of the stipulated contract and communicated exclusively within the scope of this purpose.
11.5. The Buyer enjoys the rights set forth in art. 7 of Legislative Decree 196/03, namely the right to obtain:
a) the updating, rectification or, when interested, the integration of data;
b) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including data whose retention is not necessary in relation to the purposes for which the data was collected or subsequently processed;
c) certification that the operations referred to in letters a) and b) have been brought to the attention, also with regard to their content, of those to whom the data were communicated or disseminated, except in the case in which such fulfillment proves impossible or involves the use of means manifestly disproportionate to the right protected. The interested party also has the right to oppose, in whole or in part: i) for legitimate reasons, the processing of personal data concerning him/her, even if pertinent to the purpose of the collection; ii) the processing of personal data concerning him/her for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication.
11.6. The communication of personal data by the Buyer, even if optional, is a necessary condition for the correct and timely execution of this contract. In its absence, the Buyer’s request cannot be processed.
11.7. In any case, the data acquired will be retained for a period of time no longer than that necessary for the purposes for which they were collected or subsequently processed, in accordance with the provisions of Legislative Decree no. 163/2003 and EU Regulation no. 679/2016. In any case, their removal will take place in a secure manner.
11.8. The owner of the collection and processing of personal data is the Supplier, to whom the buyer may address any request at the company headquarters.

The customer, in purchasing the products in question, declares to expressly approve, pursuant to and for the purposes of articles 1341 et seq. of the Civil Code, the contractual clauses above, marked with the following numbers: 3 (prices); 4 (conclusion of the contract); 5 (exclusion of the right of withdrawal); 6 (payment and refund); 7 (delivery); 8 (limitations of liability); 9 (warranties and assistance); 10 (buyer obligations); 11 (processing of personal data).

Definitions
1.1. The term “online sales contract” means the sales contract relating to the Supplier’s movable goods, stipulated between the Supplier and the Buyer within a remote sales system via electronic tools, organised by the Supplier.
1.2. The term “Buyer” means the person who makes the purchase referred to in this contract: (i) the “Consumer” means the natural person who makes the purchase referred to in this contract for purposes other than any entrepreneurial, commercial, artisanal or professional activity carried out; (ii) the “Professional” means the natural or legal person who acts in the exercise of his/her entrepreneurial, commercial, artisanal or professional activity, or his/her intermediary.
1.3. The term “Supplier” means the person indicated in the introduction.
2. 1 Object of the contract
With this contract, respectively, the Supplier sells and the Buyer purchases remotely via telematic tools the tangible movable goods indicated, described and offered to the public for sale on the website www.pomupcsicilia.it

Prices
3.1. All prices of products, displayed and indicated on the website //pomupsicilia.it/, are expressed in euros and constitute an offer to the public pursuant to art. 1336 of the Civil Code
3.2. The sales prices, referred to in the previous point, include VAT and any other taxes; shipping costs and any additional charges, if any, although not included in the purchase price, are indicated and calculated in the purchase procedure before the order is sent by the buyer and are also included in the web page summarizing the order placed.
3.3. The Supplier issues an invoice only upon explicit request by the Customer through the appropriate section provided during the order completion phase. For the issuing of the invoice, the information provided by the Customer shall be valid; no change to the data will be possible after the invoice has been issued.

Phases for the conclusion of the contract
4.1. Completion of the order. The contract between the Supplier and the Buyer is concluded exclusively through the Internet by the Buyer accessing the Internet address //pomupsicilia.it/, where, following the procedures indicated in the section of the site called “Cart”, the Buyer will complete the purchase order.
4.2. Verification and sending of the order. After completing the order, the Buyer will verify the correct compilation of the same by viewing a web page summarizing the order. Once the correctness of the order has been verified, the Buyer can confirm it by pressing the appropriate “Confirm order” button; sending the purchase order by pressing the confirmation button constitutes acceptance by the buyer of the offer to the public of goods contained on the Supplier’s website.
4.3. Conclusion of the contract. The sales contract is concluded when, after pressing the order confirmation button, the message “The order has been received correctly” appears on the screen, followed by all the order summary data: the details of the person ordering and the order, the price of the goods purchased, the shipping costs and any additional charges, the payment methods and terms, the address where the goods will be delivered. The contract is not considered perfected and effective between the parties in the absence of what is indicated in this point. The transmission by the Buyer of a purchase order to the Supplier, via the Internet, constitutes full acceptance of these general conditions of sale.
4.4. Confirmation by e-mail. Upon receipt of the order by the Supplier, the Supplier himself will confirm receipt of the order by sending an e-mail confirming the order to the e-mail address communicated by the Customer; This confirmation summarizes the items chosen, their prices (including delivery costs), the delivery address, the order number and a summary of the conditions applicable to the contract. The buyer undertakes to verify that the data contained in the order summary are correct and to communicate any corrections to the Supplier, without undue delay, by telephone, fax or e-mail. In the case of orders placed by telephone or fax, the Supplier will confirm the order by e-mail or fax to the e-mail address or fax number declared by the Customer at the time of the order.
4.5. Product Availability. In the event of failure to execute the order by the Supplier, due to the unavailability, even temporary, of the requested goods, the Supplier, without unjustified delay, informs the buyer by e-mail, and refunds any sums already paid for the supply; the supplier cannot fulfill the order by performing a supply other than that agreed, even if of equivalent or superior value and quality.
4.6. Order Status. After registering on the website www.pomupsicilia.it, the buyer can at any time check the status of their order in the appropriate section of the website called “Profile – My Orders”.

Exclusion of the right of withdrawal
5. 1 Pursuant to and for the purposes of art. 59 of the Consumer Code, since this contract concerns the supply of goods which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly, the Buyer cannot exercise the right of withdrawal provided for in articles 64 and following of the Consumer Code.

Payment and refund methods
6.1. All payments by the Buyer may only be made by credit card, or Paypal or other method expressly indicated in the specific purchase procedure prepared by the Supplier.
6.2. Payment by credit card. At no time during the purchase procedure by credit card does the Supplier become aware of any information regarding the Customer’s credit card. This information is transmitted directly to the website of the relevant banking institution, via a “protected” connection; even more so, this data will not be archived in any way (in electronic, paper or in any other way) by the Supplier. Pursuant to art. 56 of the Consumer Code, the institution issuing the payment card will re-credit the consumer for payments which the latter demonstrates to be in excess of the agreed price or to have been made through fraudulent use of the consumer’s payment card by the professional or a third party, without prejudice to the application of Article 12 of Legislative Decree no. 143 of 3 May 1991, converted, with amendments, by Law no. 197 of 5 July 1991. The Supplier reserves the right to ask the Customer for further information (for example, landline telephone number or copy of identity card or other document) as proof of ownership of the credit card used for the purchase; in the event of refusal by the Buyer, the Supplier reserves the right to withdraw from the contract.
6.3. Any refund to the Buyer will be credited using one of the methods proposed by the Supplier and chosen by the Buyer, in a timely manner.

Shipping methods, times and costs
The Supplier will deliver, through specialized carriers, the products chosen by the Buyer, with the methods, times and costs indicated below.
7.1. In order to guarantee perfect conservation for the entire duration of transport, the products will be packaged in a special packaging specifically designed to isolate the external temperature from the internal one and to maintain the quality and freshness of the products unchanged.

To maintain the cold chain, a special isothermal air bubble film and cooling gel devices that are generally used in the thermostating of packaging will be used to control the internal temperature.
We recommend checking the goods upon delivery and verifying that the quantity of products delivered corresponds to what was ordered, that the packaging is intact, not damaged, or in any way altered.

Any problems with delivery must be reported promptly to our email address servizioclienti@pomupcicilia.it and in any case within 24 hours of receiving the goods, attaching photos of any damage that the goods have suffered. For each declaration, the customer assumes full responsibility for what is declared.

7.2. In order to ensure the maximum freshness of our products, we ship orders from Monday to Wednesday. Delivery takes place within the week for orders received by Tuesday. Orders placed between Wednesday and Sunday will be processed from the following Monday morning.

Estimated delivery times from the date of shipment are: Italy: 2 / 3 days.
Abroad: 5 / 6 days

7.3. Shipping cost:
Italy: €14
Shipping is FREE for orders over €78.00

Abroad: starting from €28 (It is possible to calculate the cost of transport based on the destination country in the appropriate section on the “cart” page) For orders directed to countries outside the European Union, please send an email to ordini@pomupsicilia.it as the procedure for these shipments is different.
Limitations of liability
8.1. The Supplier assumes no responsibility for disruptions attributable to force majeure, in the event that it is unable to execute the order within the timeframes set out in the contract.
8.2. The Supplier cannot be held liable towards the Buyer, except in the case of fraud or gross negligence, for disruptions or malfunctions connected to the use of the internet outside of its own control or that of its sub-suppliers.
8.3. Furthermore, the Supplier shall not be liable for damages, losses and costs incurred by the Buyer as a result of failure to execute the contract for reasons not attributable to him, the Buyer being entitled only to a full refund of the price paid and any additional charges incurred.
8.4. The Supplier assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards, cheques and other means of payment, upon payment for the products purchased, if he can demonstrate that he has adopted all possible precautions based on the best science and experience of the moment and based on ordinary diligence.
8.5. In no case may the Buyer be held liable for delays or errors in payment if he can demonstrate that he has made the payment itself within the times and methods indicated by the Supplier.
8.6. The Supplier assumes no responsibility for goods not collected at the first delivery attempt by the courier.

Guarantees and assistance methods
9.1. All products sold by the supplier enjoy the guarantees provided by law.
9.2. In the event that the Buyer qualifies as a “consumer” pursuant to art. 3 of Legislative Decree 206/2005 (so-called “Consumer Code”) and the definitions set out in point 1, he is also the holder of the non-waivable rights, in terms of legal guarantee of conformity and commercial guarantees for consumer goods, provided for and recognised in Part IV, Title III, Chapter I of Legislative Decree 206/2005, which is fully referred to and constitutes an integral part of this contract.

Buyer’s Obligations
10.1. The Buyer undertakes to pay the price of the purchased goods within the time and manner indicated in the Contract.
10.2. The Buyer undertakes, once the online purchase procedure has been concluded, to print and keep this contract. 10.3.
The information contained in this contract has, moreover, already been viewed and accepted by the Buyer, who acknowledges this, as this step is made mandatory before the purchase confirmation.

Protection of confidentiality and processing of buyer data
11.1. The Supplier protects the privacy of its customers and guarantees that the processing of data complies with the provisions of the privacy legislation, in particular Legislative Decree 30 June 2003, no. 196.
11.2. The personal and fiscal data acquired directly and/or through third parties by the Supplier, the data controller, are collected and processed in paper, computer and telematic form, in relation to the processing methods with the purpose of registering the order and activating the procedures for the execution of this contract and the related necessary communications, in addition to fulfilling any legal obligations, as well as to allow effective management of commercial relationships to the extent necessary to best perform the requested service.
11.3. The Supplier undertakes to treat the data and information transmitted by the Buyer as confidential and not to reveal them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may be disclosed only upon request of the judicial authority or other authorities authorised by law.
11.4. Personal data will be communicated, following the signing of a confidentiality agreement for the data, only to persons delegated to carry out the activities necessary for the execution of the stipulated contract and communicated exclusively within the scope of this purpose.
11.5. The Buyer enjoys the rights set forth in art. 7 of Legislative Decree 196/03, namely the right to obtain:
a) the updating, rectification or, when interested, the integration of data;
b) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including data whose retention is not necessary in relation to the purposes for which the data was collected or subsequently processed;
c) certification that the operations referred to in letters a) and b) have been brought to the attention, also with regard to their content, of those to whom the data were communicated or disseminated, except in the case in which such fulfillment proves impossible or involves the use of means manifestly disproportionate to the right protected. The interested party also has the right to oppose, in whole or in part: i) for legitimate reasons, the processing of personal data concerning him/her, even if pertinent to the purpose of the collection; ii) the processing of personal data concerning him/her for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication.
11.6. The communication of personal data by the Buyer, even if optional, is a necessary condition for the correct and timely execution of this contract. In its absence, the Buyer’s request cannot be processed.
11.7. In any case, the data acquired will be retained for a period of time no longer than that necessary for the purposes for which they were collected or subsequently processed, in accordance with the provisions of Legislative Decree no. 163/2003 and EU Regulation no. 679/2016. In any case, their removal will take place in a secure manner.
11.8. The owner of the collection and processing of personal data is the Supplier, to whom the buyer may address any request at the company headquarters.

The customer, in purchasing the products in question, declares to expressly approve, pursuant to and for the purposes of articles 1341 et seq. of the Civil Code, the contractual clauses above, marked with the following numbers: 3 (prices); 4 (conclusion of the contract); 5 (exclusion of the right of withdrawal); 6 (payment and refund); 7 (delivery); 8 (limitations of liability); 9 (warranties and assistance); 10 (buyer obligations); 11 (processing of personal data).