TERMS AND CONDITIONS OF SALE
This page provides you with the terms and conditions of sale of the products (“Products”) and the registration services (“Subscriptions”) listed and provided on the website www.boxsardinia.com (“Website”). Please read these terms and conditions carefully before ordering any Product from the Website or signing up for any Service. By ordering any Product or signing up for any Service, you agree to abide by these terms and conditions.
Please tick the relevant box in the shopping cart to accept these terms and conditions. If you do not agree with these terms and conditions, you will not be able to complete the purchase order of any Product in the Website.
When used in these Terms and Conditions, in addition to the terms defined elsewhere, the following terms have the following meanings:
Website – means the website accessible at www.boxsardinia.com, but also all internet addresses (eg URLs, domain names and web pages) for the use of the Services that the company controls or manages and which are used to offer or provide the Services, as well as all mirrors, replacements and backups, and all the web pages that the websites include.
Service(s) – means both individually and collectively any service and all the related services provided on the Website, whether on a trial or paid basis and offered directly by the Company or by third parties with the contribution of the Company. The term Services includes, in the absence of specifications, all services, including paid services, and the operations made available to Users through the Website.
User – means Guest User or Registered User, and in general anyone who uses or is about to use the Services or the Website.
Guest User – means the User who browses the Website and /or uses the features and/or the Services made available to all Users without registering on the Website or subscribing to any Service.
Registered User – means the User who subscribes to the Website by providing his personal data in order to use the Subscription Product Service which is accessible only after having registered to the Website.
Subscriber User – means the Registered User who activates the Subscription Service under the conditions indicated below.
Manufacturer(s) – Companies, Craftsmen, Agricultural Producers or Consortia whose Products are sold to Users through the Website.
Products – Products sold to Users by the Company through the Website.
Carrier – Transport company or freelancer in charge of transporting the Products from the Manufacturer to the User.
- INFORMATION ABOUT US
We operate the website www.boxsardinia.com. We are a company registered in Italy. Our sales office and warehouse are located in via Maderno, 9, Olbia (SS), 07026 Italy. Our VAT number is 02780150906.
- AVAILABILITY OF THE SERVICE
Our subscription services are currently available only to all residents in Italy and Europe. For subscriptions outside Italy, BoxSardinia reserves the right to apply different shipping costs depending on the location. Orders purchased from the excluded locations, or with a postal code shared with locations which are not included, won’t be accepted.
BoxSardinia reserves the right to deny the access to its Website, without prior notice, discretionary and temporary, for technical reasons or any other reason, and may also unilaterally modify the access conditions and all or part of the content included in it. In any case, BoxSardinia may interrupt the subscription of any User who makes unethical, offensive, illegal, or incorrect use of the contents or services offered and/or contrary to the interests of the BoxSardinia Company.
During defined time intervals, BoxSardinia has the right to carry out promotional campaigns to promote the subscription of new members. BoxSardinia reserves the right to modify the conditions of application of promotions, extend them by duly communicating it, or proceed to the exclusion of any of the participants of the promotion in the event of detecting an anomaly, abuse or unethical behavior.
BoxSardinia sells to individuals, companies, bodies and any type of person who is interested in purchasing the goods which are selected and sold on www.boxsardinia.com.
Under no circumstances will BoxSardinia accept or process orders placed by minors.
BoxSardinia collects orders through the commercial platform www.boxsardinia.com. All orders are made, confirmed, and paid directly through the dedicated Web commercial platform. Nobody is authorized to receive payments in the name and on behalf of BoxSardinia, which therefore declines all responsibility in case of payments made in a way other than the one established in these sales conditions.
Sale per aversionem: goods are sold by unit of product (pieces) or by plurality of products (packs). In the same way, prices refer to the single piece or to the pack. In no case products are sold by weight or size. The weight specified by BoxSardinia for each item is indicative of the average weight of the product which can undergo fluctuations due to aging or environmental conditions related to the season. In no case may differences between actual weight of the product and weight communicated on the sales platform cause a withdrawal.
- ORDER CONFIRMATION
Every order received will be confirmed to the customer via e-mail.
- THE CONTRACT BETWEEN YOU AND US
6.1 After placing an order (BY SUBSCRIPTION or from our STORE), you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Products by subscribing to a Service. All orders are subject to acceptance by us, and we will confirm such acceptance by sending an e-mail confirming that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
6.2 The Contract will relate only to the Products confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Product which may have been part of your order until the dispatch of such Product has been confirmed in a separate Dispatch Confirmation.
6.3 The subscription plan to our Services consist of an initial charge then followed by recurring period charges as agreed by you. By entering into this Agreement, you acknowledge that your subscription has an initial and a recurring payment feature, and you accept responsibility for all recurring charges prior to cancellation. Boxsardinia.com may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before boxsardinia.com could reasonably act. To edit your payment method, log in to your account and change your information in the “Payment method” box. You will be able to terminate your subscription for the following month before the 9th of the month of desired termination.
6.4 By subscribing to boxsardinia.com and signing up a monthly subscription for one of the three boxes – MinuBox, MesaBox, and MannaBox – you are agreeing to pay to BoxSardinia on a recurring periodic basis the price specified on the Web page. There is no minimum registration period. You can cancel your subscription to boxsardinia.com at any time in accordance to what mentioned above. Moreover, no reimbursement will be made for the services already provided by BoxSardinia during the subscription.
6.5 BoxSardinia reserves the right to terminate the subscription, at any time, or to suspend it if a charge cannot be made.
6.6 In addition to the monthly subscription, on BoxSardinia.com you can make individual purchases from the shop, without any registration, under the same conditions already described in sections 6.1 and 6.2.
6.7 BoxSardinia may offer other special deliveries of Products, consisting of sending a single and exclusive Box in addition to the monthly subscription. These deliveries will be duly published on the Web page and on Facebook and Instagram. The dispatch will be completely independent of other existing modalities (Monthly Subscription for MinuBox, MesaBox, and MannaBox), not having, in any case, the character of recurring subscription or automatic renewal. For the subscription of these unique deliveries, proceed as described in the preceding sections.
6.8 To cancel your subscription, please contact us through the Contact form. In order for the termination of the subscription to be effective, you will receive a confirmation of cancellation email as a proof of your request. You can also pause your account instead of cancel it. You can pause payments for a certain number of months (those you have chosen to “pause” the payment for). The payment will automatically resume immediately after the last month the payment had been paused for, with the 10th of the following month considered as the payment date. Each user can only have one subscription. In case a user has more than one BoxSardinia account, we reserve the right to delete it without prior notice, and exclude the user from the BoxSardinia community.
6.9 Sales of products via the Internet are regulated by law D. Lgs. n. 185 of 22.5.1999 that regulates the matter of distance contracts, i.e. carried out outside of business premises. The legislation establishes the right of withdrawal, i.e. the possibility for the consumer to return the product purchased and to obtain the reimbursement of expenses incurred.
6.10 The right of withdrawal must be exercised before the expiry of the deadline by registered mail with acknowledgment of receipt and sending back all the non-subscription purchased goods with shipping costs to be paid by the customer to the following address
BoxSardinia, Via Maderno N.9, 07026 Olbia (SS) Italia.
The communication can also be sent in advance by fax, on condition that it is confirmed by registered mail with acknowledgment of receipt within the following 48 hours.
The right to withdraw from the contract is not applicable to products with a limited expiry date.
In case of applicability of the right of withdrawal, the Customer is required to return all the items in the invoice at his own expense, as they were received, meaning absolutely new, not used or corrupted, complete with all their parts and in the original packaging.
Pursuant to art. 5 paragraph 3 of Legislative Decree 185/99, THE RIGHT OF WITHDRAWAL DOES NOT APPLY TO SEALED PRODUCTS ONCE OPENED.
Failure to comply with these requirements will makes the right of withdrawal inapplicable. In case of application of the right of withdrawal, BoxSardinia will refund the entire amount paid by the customer once the goods have been received, excluding shipping costs, within thirty days from the date on which the communication has been received via the following mode:
– Replacement of goods – ONLY IF REQUIRED BY THE CUSTOMER
– Bank transfer
Subjects who are not classifiable as consumers are excluded from the legislative decree, ie those who act for purposes related to their professional activity, ie those who place an order indicating the VAT number for the invoice.
You have the right to withdraw from this contract without any penalty and without specifying any reason, within 10 working days from delivery (as attested by the delivery date shown on the carrier’s waybill).
You also have the right to withdraw from this contract in case of purchasing vouchers.
You have the right to withdraw from this contract within 14 days specifying the reasons, in case of purchasing vouchers. The withdrawal period will expire after 14 days from the day on which you or a third party indicated by you, other than the carrier, acquire physical possession of the good. To exercise the right to withdraw, you must inform us on your decision to withdraw from this contract through the contact form by a clear statement. To meet the withdrawal deadline, please send your communication before the withdrawal period has expired and wait for the confirmation of cancellation email.
- VOUCHER, GIFT CARDS AND COUPONS
7.1 We may offer gift cards, discount promotions and other types of voucher (Voucher) which require to be activated via email from the Products delivery holder through a Service. If paid, the voucher was sold at the time of payment. All these terms and conditions must be applied between us and the holder of the Voucher (Holder) when the Holder redeems the Voucher by requesting a Service.
7.2 A Voucher may only be used once by its Holder and may not be copied, reproduced, distributed or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval.
7.3 We reserve the right to withdraw or cancel any Voucher (other than a paid-up gift card) for any reason at any time.
7.4 Vouchers may only be redeemed through the website www.boxsardinia.com and not through any other website or method of payment. To use your Voucher, you will be required to enter its unique code at the online checkout and use of such code will be requested to confirm your agreement to these terms and conditions and any special conditions related to the Voucher.
7.5 Any discounts related to Vouchers will be applied to the price of the Products ordered only and not to delivery charges, which will be chargeable at normal rates.
7.6 Only one introductory offer may be used by any individual and can only be used once.
- DELIVERY AND TRACKING
8.1 Orders received every Thursday by 12.00 a.m., will be immediately processed. Shipping is scheduled on Monday with delivery within 72h.
8.2 To receive the subscription box, your order will be completed by the delivery date indicated in the Shipping Confirmation or, if no delivery date is indicated, within 30 days from the Shipping Confirmation date, unless there are exceptional circumstances. If you subscribe between the 1st day of the month and 13th, you will receive your first Box between the 20th and 26th *. If you subscribe from the 14th to the 21st you will receive it between the 26th and the 31st. If you subscribe from the 22nd to the 31st you will receive the box between the 2nd and the 8th of the following month. We will send you the following boxes from the 20th to the 26th *. Your first Box will be related to the subscription month unless otherwise specified or communicated. Delivery times may vary depending on the customer’s area and on the processing time for those products that require special processing,
* For deliveries in Sicily and Calabria, shipment will arrive 4/5 days after the indicated date.
In any case, BoxSardinia relies on carriers that provide tracking tools.
- PRICE AND PAYMENT
9.1 The price of the Products and our delivery charges will be those indicated on our Website, except in cases of obvious error.
9.2 Product prices include VAT.
9.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
9.4 Payment for all Products and Services must made by Paypal. We will charge your credit or debit card for your first order once you have registered and on the 11th of each month for your monthly subscription after your first order.
9.5 Upon registering, restarting regular deliveries, reactivating your account or changing card details, a £2 payment may be taken from your card in order to authorize it and prevent fraud. This payment will be immediately voided, but some banks may temporarily reflect these against your account balance.
- RISK AND TITLE
The Products will be delivered at your risk to your address by our transport company. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
- USE OF THE WEBSITE
The User agrees to make appropriate use of the content and services (such as chat services, discussion forums or newsgroups) that BoxSardinia may offer through its Websites and not use them to engage in illicit, illegal activities or contrary to good faith and public order; not disseminate content or propaganda of a racist, xenophobic, pornographic-illegal nature, advocating terrorism or attacking human rights; not cause damage to the physical and logical systems of BoxSardinia, its suppliers or third parties, introduce or spread computer viruses in the network or any other physical or logical systems that are capable of causing the aforementioned damage; not try to access and, in this case, not use the email accounts of other users and modify or manipulate their messages. The User will not transmit his/her username and password to unauthorized third parties, and must immediately inform BoxSardinia of the access by an unauthorized user to this information.
BoxSardinia does not assume any responsibility derived, by way of example but not limited to:
13.1 Regarding Deliveries: BoxSardinia is not liable for direct or indirect and/or intangible damages, including personal injury, suffered as a result of the use and/or ingestion of the Products supplied, the loss of reputation, image, or data, which may occur during the use of the services and deliveries of the Products. The Products in the Boxes come directly from the Brands, and therefore the manufacturing companies are responsible for all relevant sanitary controls, in order for the products to be available to the customers. BoxSardinia delivers the Products to Users in the same state that it receives them by the Brands in its Warehouse. Any damage caused by the Products must be claimed directly from the Brands, with BoxSardinia declining any responsibility in this regard.
13.2 Regarding the Website: The use of the materials on this website or linked websites, whether prohibited or permitted, in violation of the intellectual property rights and/or industrial content of the website or third parties. Any damages caused to Users due to normal or abnormal functioning of search tools, organization or location of content and /or access to the Web page, computer viruses and, in general, errors or problems that are generated in the development or implementation of the technical elements that the Web or a program facilitated to the User. The contents of those pages to which Users may access from links included in the Web page, whether authorized or not, in particular for direct transactions between the Client and the third party, whether distributor or independent service provider. The acts or omissions of third parties, regardless of whether these third parties could be linked to BoxSardinia by contractual means. The access of minors to the contents included in the Website, being their parents or guardians responsible to exercise an adequate control over the activity of their children or minors, installing an Internet control tool in order to avoid (i) access to materials or contents which are not suitable for minors, as well as (ii) sending personal data without the prior authorization of their parents or guardians.
Communications or dialogues in debates, forums, chats and virtual communities that are organized through or around the Website and/or through linked websites. The Company does not respond, therefore, to any damages and prejudices suffered by individuals and/or groups as a result of these communications and/or dialogues. Errors or delays in the access to the Website by the User when entering their data in the order form, the slowness or impossibility of reception of the order confirmation by the recipients or any anomaly that may arise when these incidents are due to problems in the Internet, caused by unforeseeable circumstances or due to force majeure and to any other unforeseeable contingency which lie outside of BoxSardinia’s good faith. Failures or incidents that may occur in communications, cancellations or incomplete transmissions, so that it is not guaranteed that the services of the website are constantly operational. Errors or damages produced to the Website by an inefficient use of the service and in bad faith by the User. No operation or problems in the email address provided by the User to receive the order confirmation. In any case, BoxSardinia commits to do its best to solve the problems that may arise and offers all the necessary support to the User to reach a quick and satisfactory solution of the problem, as far as possible.
- EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable for any failure or delay in performance concerning our obligations of this Contract that is caused by events outside our reasonable control (Force majeure event).
14.2 Force majeure events include any act, event that did not happen, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
14.2.1 Death or personal injury caused by our negligence;
14.2.2 Strikes, out of stock or other industrial action;
14.2.3 Civil disorder, strike, terrorist invasion, attack or threat (whether declared or not) or threat or preparation for war;
14.2.4 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
14.2.5 Impossibility to use trains, ships, planes, road transport or other transport whether public or private;
14.2.6 Impossibility to use public or private telecommunications networks;
14.2.7 The acts, decrees, laws, regulations or restrictions of any government.
14.3 Our performance in any Contract will be suspended for the period of the Force majeure event, and will be extended for the duration of that period. We will use our reasonable endeavors to stop the Force Majeure Event or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
- INTELLECTUAL PROPERTY RIGHTS
15.1 We own the intellectual property license in our site, whether registered or not, and the material published on it. These works are protected by copyright laws and all rights are reserved.
15.2 You may print one copy and download extracts of any page from our Website for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a license to do so from us and our licensors.
15.3 If you post comments on the Products or Services to any website, blog or social media network (Comment) you must ensure that such Comment represents your opinions. By subscribing to the Services you irrevocably authorize us to quote your Comment on our site and in any advertising or social media outlets which we may create or distribute.
Hyperlinks contained in the Website can address to third-party Web pages. BoxSardinia has no responsibility for the content, information or services that may appear on these websites, which will be exclusively informative and in no case imply any relationship, acceptance or endorsement between BoxSardinia and the owners of such content or the owners of the websites where such content is found.
- USE OFCOOKIES
If any of these Terms and Conditions or any clause of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable, such term, condition or clause will be separated from the remaining terms, conditions and clauses which will continue to be valid to the fullest extent permitted by law.
19.1 If we fail, during the term of the Contract, to demand a rigid performance in relation to the obligations under this Contract or any of the terms and conditions, or if we fail to put into practice rights and appeals to which we are entitled under this Contract, this will not constitute a waiver of these rights or appeals and will not exempt you from complying with these obligations.
19.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
19.2.1 No waiver by us in relation to these terms and conditions will be effective unless expressly declared as a waiver and this should be communicated to you in writing in accordance with clause 21 below.
- TRANSFER OF RIGHTS AND OBLIGATIONS
20.1 The contract between you and us is binding on both parties and on our respective successors and assignees.
20.2 You may not transfer, assign, change or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
20.3 We may transfer, assign, change, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
- WRITTEN COMMUNICATIONS AND NOTIFICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. Please agree to this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights. All notices must be sent to BoxSardinia through the Contact form. We may give notice to you via e-mail or through the address you provide to us when placing an order, or in any other way specified in clause 18. Notice will be deemed received immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. To prove it, in case of a letter, it will be sufficient that such letter was properly addressed, stamped and sent. In the case of an e-mail, it is sufficient that it was sent to the correct e-mail address.
- ENTIRE AGREEMENT
22.1 These terms and conditions and any document expressly referred in them constitute the entire agreement between us and supersede all previous discussions and negotiations between us relating to this Contract.
22.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
22.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
22.4 Nothing in this clause limits or excludes any liability for fraud.
- OUR RIGHT TO MODIFY TERMS AND CONDITIONS
23.1 We have the right to modify and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
23.2 You will be subject to the terms and conditions in force at the time of your order, unless any change to these policies or these terms and conditions is required by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to these policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days from receiving the Products).