Terms and Conditions

GENERAL CONDITIONS OF SALES ONLINE

1. OWNERSHIP OF THE SITE
The e-commerce site www.orangemoon.it is owned by Canditfruct SpA, with headquarters at Via Medici, 367/397, 98051 Barcellona Pozzo di Gotto (ME) (VAT IT00080920838), and has the purpose of the selling the products therein presented.

2. DOMAIN OF APPLICATION
These general conditions of sales (herein identified as “The conditions”) monitor the contracts of purchase and sales performed by electronic means between CanditfruchtSpa (herein identified as “The company”) and any client, commercial operator, professional entity or company (hereby identified as “client”) who makes an order on the site www.orangemoon.it.

3. APPLICABLE REGULATION
These conditions of sales are ruled by the Consumer Code (D.Lgs. 206/2005), section II, Long distance contracts (from art.50 to art.67), Law of 30 March 2001 n.125, and by the regulations on electronic commerce (D.Lgs. N. 70/2003) as well as the Directive 2011/83/UE of the European parliament and the Council dated 25 October 2011hereby fully implemented which modifies the directive 93/13/CEE of the Council and the directive 1999/44/CE of the European Parliament and the Council which repeals the directive 85/577/CEE of the Council and the directive 97/7/CE of the European Parliament and the Council. The directive 2011/83/UE does not affect the regulation (CE)n.593/2008 of the European Parliament and the Council dated 17 June 2008 on the applicable laws and obligations of contracts. The company is available to provide the clients as defined below with any explanations in connection with the content of these conditions.

4. CLIENTS
The ability to place orders on the site www.orangemoon.it is granted either to individuals who are legally able to make binding agreements in compliance with applicable law and act with objectives different from personal entrepreneurial or professional activities, or to natural or legal individuals who instead have entrepreneurial or professional objectives. The sale of alcoholic products to parties who have not reach adulthood is not permitted. By placing an order on the site www.orangemoon.it, the client guarantees that the ordering party, and , in case they differ, the recipient of the products are both adults If the buyer is not an Italian citizen, he may acquire products on the site www.orangemoon.it only if he is an adult with respect to the law of his own country. If there is no law in this regard, he must be at least 21 years old. In all cases, the client who makes purchases on the site www.orangemoon.it undertakes to release the company Canditfrucht Spa from all responsibilities if he has made purchases on the site without respecting the law on limitations of purchases by reason of age of his own country. To be able to place an order, the clients will have to register on the site www.orangemoon.it and give their personal data: name, surname, date of birth, email address, address for the delivery of products, fiscal code and other information. These details must be true and regularly updated. We encourage the client to read the privacy policy to know how and why the personal data are handled by the company. The client cannot use the name or credentials of another individual to place an order on the site www.orangemoon.it, unless he has been expressly authorized by the rights holder. The company reserves the right to request from the client a copy of the identity document proving the own information and identity. Without this document, the company may refuse the order, thus not conclude the contract.

5. AGREEMENT TO THE GENERAL CONDITION OF ONLINE SALES
By registering on this site, the client expressly declares he has seen all the indications presented during the purchasing process and accepts all the general conditions of online sales and payment described below. The purchase on this site involves a further proof of agreement to these general condition of online sales by the client. These conditions, as well as the conditions about the operations of delivery and payment of the products, are an integral part of the contract of sales and purchase concluded between the client and the company. Therefore, the client is encourages to read carefully these general conditions of sales, to print them or keep a copy

6. PURCHASE ORDER
To place in order for one or more products, the client must register on the site www.orangemoon.it and provide the company with all the details necessary to fulfil the order. The data will be treated according to the D.Lgs 196/2003 and the European Rules for the protection of personal data n.679/2016 (GDPR). Upon reception of this personal information, the company will send immediately to the client an email indicating the authentication procedure to access the online purchase section of the site, with the account and the chosen password (the company will not be able to know the password). To purchase one or more products on the site www.orangemoon.it, the client will have to fill in an electronic order form, to be sent electronically, and follow the instructions which will appear progressively on the site to complete the different steps of the purchase, read and accept the general conditions of sales by ticking the check box. By placing the order and making the simultaneous payment, the client declares that he has seen and accepted the General Conditions of Online Sales indicated on the site and declares that he has seen all the instructions presented to him during the purchasing process. He is also aware, and therefore accepts, that he is the only person responsible for providing data and placing orders on the site. After receiving the purchase order, the company will automatically send to the electronic mailbox indicated by the client an e-mail confirming receipt of the order. The order confirmation will list the products chosen by the client, the specificities of product indicated by the client, the corresponding prices (including delivery fees), the order number. The purchase form will be kept in the data bank of the company for the period necessary to the treatment of the order and, anyway, according to the terms of law. The client will be able to refer to his own order form by consulting his own account. If one or more reported details are incorrect, the client will have to inform immediately the client department at the address [email protected]. The order results accepted by the company only when a confirmation of agreement to the order is sent to the client by the company, which generally happens at the same time than the dispatch of the products. Before then, the company reserves the right to refuse an order where he considers it appropriate. In particular, the company will in no case be responsible for the removal of a product from the site after it has been shipped. It may happen that the site present, by mistake, some products which are not available at the time.

7. AVAILABILITY OF PRODUCTS
The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that multiple users purchase the same Product at the same time, that the ordered Product is no longer available following the transmission of the Purchase Order. In the event of partial unavailability of the Order, the Customer will be promptly informed by the Company to verify the latter's willingness to receive a partial Order, to cancel the order, or to replace the missing Product with another. In the event of total unavailability of the Order, however, the Company will contact the Customer to inform him that the Order cannot be processed and will cancel the relevant Order. The Customer will, as agreed, subsequently be reimbursed no later than 15 working days from the date of collection, of the cost of the missing products or of the entire amount (including shipping costs) in the event of cancellation of the Order. This amount will normally be credited to the same payment method used by the Customer for the purchase or the different method agreed between the Customer and the Company. Any delays in crediting may depend on the banking institution, the type of credit card or the payment solution used.

8. PRICES
All prices indicated are "VAT included" and expressed in Euros. The validity of the prices is always and only that indicated by the procedure at the time of order confirmation. The prices of some or all products may in fact vary several times in the same day without the need for any notice. The price of the product does not include shipping costs, except for particular purchase policies which will be appropriately communicated by the Company before the conclusion of the purchase by the User

9. PAYMENT FOR THE ORDER
Payment by credit card must be made according to the instructions on the site and the credit cards accepted by the Company are: Visa, Visa Electron, MasterCard and Maestro. The Customer, by indicating the credit card as the payment method, authorizes the Company to use his/her credit card and to charge the amount of the expense incurred to it. The security of online transactions is guaranteed through the TLS protocol with the use of an algorithm and the generation of a unique control code for each transaction. In the event that the Customer does not complete the payment procedure, the purchase will not be concluded, the order will have no effect and the Company cannot in any way be held responsible for any prejudice, direct or indirect, caused from any delay in the failure to release the committed amount. The Customer is reassured by informing him that at no time during the purchase procedure is the Company able to know his financial and banking information as there is no transmission of such data to the Company nor the possibility that these are intercepted by the Company itself or by its other users. No Company computer archive, therefore, contains and stores such data.

10. BILLING
For each paid order, a specific invoice is issued by the Company to the Customer. All the information provided by the Customer at the time of the order will be included in the invoice. This tax document will be sent together with the goods. No changes to the invoice will be possible after it has been issued.

11. ESTIMATED DELIVERY TIME AND DELIVERY OF PRODUCTS
The Company undertakes to ship Orders to Customers precisely and quickly, in compliance with the delivery terms indicated on the Site during the purchase phase, within 48 working hours of the bank transfer being accredited and to deliver within the following 72 working hours throughout Italy with the exception of the Islands where delivery times may be slightly longer and, in any case, within 30 days from the date of sending the Order Confirmation to the Customer. As regards foreign countries, delivery times will be 4/5 working days. The Customer is informed and accepts that the time indicated by the Company is an average time which may undergo variations and, therefore, is not contractually binding and cannot in any way be considered essential by the Customer. The Customer, in any case, will not be able to claim any right against the Company to obtain compensation or compensation for direct or indirect damage to people and/or things caused by the failure to process the order and/or delays in shipping and delivery. of the Order, excluding any contractual or non-contractual liability of the Company. The shipment of orders is entrusted to express couriers. The goods travel at the Customer's risk. The shipment carried out by the Company is to be considered in a single location which will be indicated by the Customer during the online purchase procedure. If it is not possible to complete the delivery due to the Customer's absence at the indicated address, the courier will leave a notice or contact the Customer by telephone to arrange a second delivery or to collect the goods from one of the nearest branches of the Courier. The Company is not responsible for failed or delayed deliveries due to causes of force majeure such as, by way of example and not limited to: strikes, measures by the Public Authority, rationing or shortage of energy or raw materials, transport difficulties, fires, floods, earthquakes, floods, wars, insurrections, pandemics, traffic restrictions. The Company will promptly notify the Customer of the occurrence or disappearance of a cause of force majeure. Upon receipt of the products and before signing the document to the courier who delivers the goods, the Customer must carefully verify that the number of packages delivered is consistent with those mentioned on the transport document, as well as verify the physical condition of the packages by checking that they have not been tampered with and/or damaged. For any problem encountered, the Customer must add the wording ACCEPTED WITH RESERVATION by inserting the reason directly on the delivery document (for example: missing package, broken package, tampered package, etc.). By omitting this procedure, the Customer has no right to request compensation for damages from the carrier. The Company packs the Products for shipping in the form deemed most appropriate for the type of goods ordered and is in any case not liable for any damage, breakages, tampering or shortages that may occur after leaving its warehouses. Any complaints or disputes deriving from or connected to the transport and/or operations complementary to and/or subsequent to it, must be proposed exclusively by the Customer against the carrier or any third party responsible. The Company is exempt from any liability in the event of loss or damage to products caused by inaccurate transport or handling.

12. CONSUMER PROTECTION
In the event that the Customer is a natural person acting for purposes unrelated to the entrepreneurial, commercial, artisanal or professional activity possibly carried out, he must be considered a "consumer" and, therefore, the special rules provided for in particular by the Legislative Decree apply to this contract. . Legislative Decree 206/2005 (Consumer Code) and its additions and amendments, while if the Customer is a professional, i.e. a natural or legal person acting in the exercise of his entrepreneurial, commercial, artisanal or professional activity, or a its intermediary, the general regulations apply. In these Conditions, however, a professional is considered to be someone who, when transmitting their data in the order, indicates the VAT number to be included in the invoice.

13. RIGHT OF WITHDRAWAL
The Customer who holds the status of consumer has the right to withdraw from the contract concluded with the Company without having to incur costs other than those indicated in this article and without having to specify the reason, within thirty (30) calendar days (Withdrawal Period) . The Withdrawal Period expires after 30 days: in the case of an order relating to a single Product, from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the Product; in the case of a Multiple Order with separate deliveries, from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the last Product; in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the last lot or piece. To exercise the right of withdrawal, the Customer must inform the Company of his decision to withdraw, before the expiry of the Withdrawal Period. To exercise the right of withdrawal, the Customer must send a request via the contact page with an explicit declaration of his decision to withdraw from the contract (Declaration of Withdrawal). Since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period is borne by the Customer, it is in the Customer's interest to keep a copy of the email sent to the Company with the Declaration of Withdrawal. To return the Product, the Customer may use a carrier of his/her choice with return costs borne by the Customer: in this case, the Customer, after having exercised the right of withdrawal in the manner indicated in this article, must provide return the Product to the Company, using a carrier of your choice and at your expense, without undue delay and in any case within 20 calendar days from the date on which you communicated your decision to withdraw to the Company. The deadline is respected if the Customer sends back the Product before the thirty day period expires. The Product, appropriately protected and packaged, must be sent to the following address: Canditfrucht Spa company Via Medici. 367/397 – 98051 Barcellona Pozzo di Gotto (ME) Tel +39 0909702531 The direct costs of returning the Product to the Company are borne by the Customer. The return of the Product to the Company takes place under the responsibility of the Customer. If the Customer has used a discount code for the purchase of the Product for which he has exercised the right of withdrawal, the refund will be made only with reference to the sum of money actually spent by the Customer, and not also with regard to the value of the discount code . If the Customer withdraws from the contract, the Company will proceed to refund the Total Amount Due paid by the Customer for the Product, without undue delay and in any case no later than 14 calendar days from the day on which the Company received the subject Products of withdrawal in the same conditions in which they were sold. The refund will be made by bank transfer to the current account used by the Customer for the initial transaction or to the different current account agreed between the parties; in any case, the Customer will not have to bear any additional costs as a consequence of such reimbursement. In the case of partial withdrawal, the amount of delivery costs to be returned to the Customer following the withdrawal will be calculated proportionally to the value of the goods subject to withdrawal. The Customer is responsible for the decrease in the value of the goods resulting from handling the Product other than that necessary to recognize the Product with certainty. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, accompanied by all accessories present, still attached to the Product and intact and not tampered with, as well as free of signs of wear or dirt. Furthermore, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories (which do not constitute independent Products) of the Product. In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not lead to the termination of the contract and, consequently, will not give the right to any refund. The Company will communicate this to the Customer, rejecting the withdrawal request. The Product, if already received by the Company, will remain at the Company available to the Customer for collection which must take place at the expense and under the responsibility of the Customer himself. In the event that the Product for which the withdrawal was exercised has suffered a decrease in value resulting from a manipulation of the goods other than that necessary to clearly identify the same, the refund amount will be reduced by an amount equal to this decrease of value. The Company will notify the Customer of the circumstance and the resulting decreased refund amount, providing the same, in the event that the refund has already been paid, with the bank details for the payment of the amount due by the Customer due to the decrease in value. of the Product. In the event that, under one of the legal hypotheses, the right of withdrawal does not apply, specific and express communication of this exclusion will be given in the Product Sheet and, in any case, during the purchase process, before the Customer proceeds with the transmission of the order. In any case, the Customer is reminded that, pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded, among other things, if the sale has as its object: (i) products made to measure or clearly personalized; (ii) of sealed products that are not suitable for return for reasons of hygiene or health protection, which have been opened after delivery.

14. PRICE
The price to which the Parties refer, for the purposes of these general conditions, is that expressly indicated in the order confirmation sent by the Company to the Customer, including the transport price. Catalogues, price lists or other promotional material constitute only an indication of the type of products and the price and the information, including technical, indicated therein is not binding for the Company and can be changed without prior communication.

15. COMPENSATION
Unless otherwise accepted in writing, any compensation between any credits claimed by the Customer from the Company and the Customer's debt, for any reason, deriving from, inherent to and/or resulting from the sales contract is not permitted.

16. CONFIDENTIALITY OBLIGATIONS
All information relating to the know-how and/or patents of which the Company is the owner, as well as other commercial and corporate information, of which the Customer will become aware during any negotiations and execution of the contract must be considered confidential and cannot be used either directly or indirectly by the Customer, except to the extent necessary for the correct execution of the contract, nor must they be disclosed to third parties. Confidential data includes information relating to the plants, means of production and other corporate assets of the Company, as well as the models and organization of production and the services provided by the Company, commercial initiatives, customers, management and performance of the company, relationships with third parties and so on. The Customer undertakes to take all reasonable precautions to keep such information secret.

17. GUARANTEES PROVIDED BY THE CUSTOMER
The Customer guarantees, assuming all responsibility and holding the Company harmless from any prejudicial consequence, that the data provided upon acceptance of these general conditions and when placing the order are truthful and allow the true identity of the customer to be identified. Customer himself who also undertakes to immediately inform the Company in written form, including by e-mail or fax, of any change in the data provided. The Customer is also informed of the need to communicate to the Company a valid e-mail address in order to allow the forwarding of order confirmations and any possible communication.

18. COMMUNICATIONS
The Customer accepts that the notification and communications relating to all online services (including those relating to purchase orders) are carried out by the Company in electronic e-mail format and via Web service, recognizes their full validity, including probative validity, and expressly renounces until from now on to disclaim the content of the declarations sent and/or received in electronic format via e-mail. Communications to the Company, except when a specific method is expressly provided, may be made by the Customer via – registered mail with return receipt to the address Canditfrucht Spa, Via Medici 367/397 - 98051 Barcellona Pozzo di Gotto (ME) – email to [email protected] – telephone number +39 0909702531

19. APPLICABLE LAW AND JURISDICTION
The contract is governed by Italian law. All disputes relating to the interpretation and execution of the contract are referred to the exclusive jurisdiction of the Italian judicial authority of the Court of Barcellona Pozzo di Gotto.

20. PROTECTION OF PERSONAL INFORMATION
Personal data is collected for the purpose of registering the Customer and activating the procedures for the execution of this contract and the related necessary communications; such data are processed electronically in compliance with the laws in force and may only be exhibited upon express request of the judicial authority or other authorities authorized for this purpose by law. The personal data will be communicated to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and disseminated exclusively within the scope of this purpose. Attention to the security and confidentiality of Customer data represents a priority for the Company; information relating to the person, company/firm, orders and purchases made are strictly confidential and the Company undertakes not to disseminate or sell the information in its possession to external companies for promotional purposes. The Customer, by signing the specific information and consent form, declares to have been informed of all the elements provided for by the art. 13 of the legislative decree 30 June 2003 n. 196 and gives consent, pursuant to art. 23 of the aforementioned decree, that the personal and corporate data are processed in accordance with the law and possibly communicated to third parties and (or transferred to countries within the European Union or to third countries pursuant to articles 42 and 43 of the decree , in particular to foreign subjects, including non-EU citizens), whose collaboration should become necessary. For further information, please refer to the document on the site relating to the Privacy and Cookie Policy, to be considered an integral part of these Conditions.

WITH SPECIFIC APPROVAL pursuant to and for the purposes of art. 1341 and 1342 cc, the Customer declares to have carefully read and expressly approved the following clauses of the general contract conditions: 4. CUSTOMERS; 9. PAYMENT OF THE ORDER; 11 ESTIMATED DELIVERY TIME AND DELIVERY OF PRODUCTS; 11. IMPOSSIBILITY OF PROCESSING THE ORDER; 13. WITHDRAWAL; 14. PRICE; 15. COMPENSATION; 16. CONFIDENTIALITY OBLIGATIONS; 17. GUARANTEES PROVIDED BY THE CUSTOMER; 19. APPLICABLE LAW AND JURISDICTION