General Terms and Conditions of Sale

General Terms and Conditions of Online Sale

MIAPULIA DI TANTARO JACOPO PIO, with registered office in Via Raimondo Disangro, 16 – San Severo (FG) – 71016 – Italy, VAT no. 04456390717, registered in the Register of Enterprises of the Chamber of Commerce of Foggia, registration at the REA no. FG-329246, e-mail: admin@miapulia.com PEC: miapulia.it@pec.it , Tel: +39 3270248497, in the person of legal representative Tantaro Jacopo Pio – TNTJPP01R16I158W (hereinafter, “Seller”);

Whereas

– that the Seller operates the website https://www.miapulia.it (hereinafter“Site“);

– That the site is intended for business transactions between entrepreneurs and consumers(B2C);

– that the term “General Terms and Conditions of Online Sale” shall mean the contract of purchase and sale relating to the Seller’s consumer goods entered into between the Seller and the Buyer under a distance selling system organized by the Seller;

– That the trademark and logo related to the site are the exclusive property of the Seller;

– That these terms of sale govern the online sale between MIAPULIA and the Buyer;

– That these premises form an integral and substantial part of the contract;

The following is agreed upon:

1. Subject of the contract

1.1. These general conditions, which are made available to the Buyer for reproduction and preservation in accordance with Art. 12, Legislative Decree. April 9, 2003, no. 70, have as their object the purchase of products, carried out remotely and by means of telematic network, through the Website belonging to the Seller, with registered office Via Raimondo Disangro, 16 – San Severo (FG) – 71016 – Italy, VAT number 04456390717, registered in the Register of Companies of the Chamber of Commerce of Foggia, registration at the REA no. FG-329246, e-mail: admin@miapulia.com PEC: miapulia.it@pec.it , Tel: +39 3270248497.

1.2. By this contract, respectively, the Seller sells and the Buyer purchases at a distance the products indicated and offered for sale on the Seller’s Site.

1.3. The main features of the products mentioned in the preceding paragraph are illustrated on the Seller’s Site.

1.4. The Seller agrees to supply the selected products – within the limits of their availability – against payment of a fee as set forth in Art. 3 of this contract.

2. Acceptance of the conditions of sale

2.1. All purchase orders will be submitted by Buyer to Seller through the completion of the indicated purchase procedure.

2.2. These terms and conditions must be reviewed “on line” by the Buyer, prior to the completion of the purchase process. The submission of the purchase order by the Buyer, therefore, implies full knowledge of them and their full acceptance.

2.3. The Buyer, by telematically sending the confirmation of his purchase order, unconditionally accepts and undertakes to observe, in his dealings with the Seller the general and payment conditions set forth below, declaring that he has read and accepts all the indications provided by him pursuant to the above rules, also noting that the Seller does not consider himself bound by different conditions, unless previously agreed in writing.

2.4. Acceptance of the conditions of sale should be manifested by the exact completion of all sections of the electronic form, following the on-screen instructions and, finally, by checking the boxes marked ACCEPTANCE OF TERMS OF SALE and PRIVACY POLICY, thereby fully accepting the contents of these documents.

3. Purchasing methods and selling prices

3.1. The sale prices of the products on the Site are expressed in euros and are subject to express e-mail confirmation by the Seller, which constitutes acceptance of the purchase order.

3.2. Product prices posted on the homepage or in the different sections of the Site are inclusive of VAT. Shipping prices will be calculated and will be visible at the time of placing the order itself. The total cost of shipping up to the Buyer’s domicile shall be borne by the Buyer, unless exceptions and exceptions are specifically advertised on the site and/or communicated by e-mail. The cost is, in any case, made known to the Buyer before confirmation of the purchase order.

3.3 Receipt of the order shall not bind the Seller until the Seller has expressly accepted the order by electronic mail. The Seller, by e-mail containing a summary of the order details, after checking the availability of the chosen product, will formally confirm and accept the order received.

3.4. The Buyer expressly gives the Seller the right to accept even partial acceptance of the order placed (for example, in the event that there is no availability of all the products ordered). In this case, the contract shall be deemed to have been perfected with respect to the goods actually sold.

4. Conclusion of the contract

4.1. The Contract entered into through the ecommerce Site shall be deemed concluded when the Buyer receives, by e-mail, the formal order confirmation, through which the Seller accepts the order sent by the Buyer and informs the Buyer that it can proceed with the fulfillment of the same. The Contract is concluded at the place where the registered office of the Seller is located.

5. Methods of payment

5.1 Any payment by Buyer may be made only by one of the methods indicated: prepayment by bank transfer, online payment by credit card.

(a) prepayment by bank transfer: payment should be made at BANCA INTESA SANPAOLO S.P.A. –

IBAN: IT60Y0306978634100000018891- Beneficiary: MIAPULIA DI TANTARO JACOPO PIO.

Goods will be shipped upon confirmation of payment.

(b) online payment by credit card;

6. Methods of delivery

6.1. The Seller will deliver to the Buyer, at the address indicated by the Buyer, the products selected and ordered, in the manner provided for in the preceding articles, by means of trusted couriers and/or shippers. Deliveries take place only in Italy, and will be made, depending on the item chosen, within the timeframe indicated on the Seller’s website and in the confirmation e-mail that will be sent to the Buyer. In the event that the Seller is unable to make the shipment within the time specified therein, timely notice will be given by e-mail to the Buyer. In any case, the goods ordered will be shipped after payment for them has been made, and therefore the deadline for delivery begins from that time.

6.2. If the Buyer is absent at the time of delivery, a notice will be left with the directions necessary to contact the courier or freight forwarder in order to arrange delivery arrangements.

6.3. The Seller shall not be responsible for delay or non-delivery due to incorrect or incomplete address communication by the Buyer.

6.4. Upon receipt of the goods, the Buyer is required to verify the conformity of the product delivered to him with the order placed; only after such verification should the delivery documents be signed, except of course for the right of withdrawal provided for in Art. 10 of these conditions.

7. Limitations of liability

7.1. The Seller assumes no responsibility for delay or non-delivery of goods attributable to force majeure causes such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that would prevent, in whole or in part, the execution of the contract in the agreed time.

7.2. Seller shall not be liable to Buyer, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet that are beyond Seller’s control.

7.3. The Seller shall not be liable to any party or third party for damages, losses and costs incurred as a result of the non-performance of the contract due to the above causes, the Buyer being entitled only to a refund of any price paid.

7.4. The Seller assumes no liability for any fraudulent and illegal use that may be made by third parties, of credit cards, checks and other means of payment, when paying for the purchased products, if it proves that it has taken all possible precautions based on the best science and experience at the time and in accordance with ordinary diligence.

8. Guarantees and modes of assistance

8.1. The Seller only sells original and high quality products. In case of questions, complaints or suggestions, the Buyer may contact the Seller through the e-mail address admin@miapulia.com. In order to ensure the speedy processing of questions, complaints or suggestions, the Buyer should accurately explain the problem and, if necessary, attach the order documents, i.e. indicate the order number, customer number, etc.

8.2. In the event of a lack of conformity, the legal warranty regulations as set forth in Legislative Decree. September 6, 2005, no. 206.

8.3. The warranty applies only to the products specified in Leg. September 6, 2005, no. 206.

9. Obligations of the Purchaser

9.1. The Buyer agrees to pay the price of the purchased product in the time and manner specified in these General Conditions.

9.2. The Purchaser agrees and undertakes, once the purchase procedure has been completed, to print and keep these general conditions – which, moreover, he will have already viewed and accepted as an obligatory step in the purchase procedure – as well as the specifications of the product being purchased, and this in order to fully comply with the conditions set forth in Leg. September 6, 2005, no. 206.

9.3. It is strictly forbidden for the Buyer to enter false, and/or invented, and/or fictitious data in the registration procedure through the electronic form provided for this purpose; the personal data and e-mail must correspond to one’s own real personal data and not that of a third person, or fictitious. Therefore, the Buyer assumes full responsibility for the accuracy and truthfulness of the data entered in the electronic registration form, aimed at completing the product purchase procedure.

9.4. The Buyer indemnifies the Seller from any liability arising from the issuance of erroneous tax documents due to errors relating to the data provided by the Buyer, the Buyer being solely responsible for its correct entry.

10. Right of withdrawal pursuant to Legislative Decree. n. 206/2005

10.1. The right of withdrawal is recognized limited to the products provided for by Legislative Decree. September 6, 2005, no. 206 and is therefore expressly excluded for foodstuffs that are likely to deteriorate or expire quickly, such as sausages or cold cuts and others, as stipulated in Art. 55 Paragraph 1(a).

10.2. For products for which the right of withdrawal is not excluded, the Buyer has the right to withdraw from the concluded contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) days, starting from the day of receipt of the purchased product.

10.3. In the event that the Buyer decides to avail himself of the right of withdrawal, he must give notice to the Seller, using the model withdrawal form in Annex I Part B of Legislative Decree. n. 21/2014, or by submitting any other explicit statement of its decision to withdraw from the contract. The burden of proof regarding the exercise of the right of withdrawal in accordance with this Article shall be on the Buyer.

10.4. The return of the goods shall be made without undue delay and in any case within 14 (fourteen) days from the date on which the Buyer notified the Seller of his decision to withdraw from the contract. In any case, in order to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in a state of preservation such as resulting from the necessary inspection of the goods to establish the nature, characteristics and functioning of the same.

10.5. The Buyer may not exercise the right of withdrawal for purchase contracts for goods that are custom-made or clearly customized or which, by their nature, cannot be returned or are likely to deteriorate or alter rapidly.

10.6. The Buyer who exercises the right of withdrawal under this Article shall bear the direct costs of returning the goods to the Seller.

10.7. A Buyer who exercises the right of withdrawal in accordance with the provisions will be refunded the amounts already paid, except for additional costs associated with the type of delivery expressly chosen by the Buyer and different from the least expensive type offered by the Seller. Said sums shall be refunded without undue delay and in any case within 14 (fourteen) days, starting from the day on which the Seller was informed of the Buyer’s decision to withdraw from the contract. Unless the Seller has offered to pick up the goods himself, however, the Seller may withhold the refund until he has received the goods or until the Buyer has demonstrated that he has returned the goods, whichever situation occurs first.

10.8. Upon receipt of the notice in which the Buyer informs the Seller that he/she is exercising the right of withdrawal, the Parties are released from their mutual obligations, subject to the provisions of this Article.

11. Communications

11.1. Except for the cases expressly indicated, or established by legal obligations, communications between the Seller and the Buyer shall take place preferably by means of e-mail messages to their respective electronic addresses, which shall be considered by both parties as a valid means of communication and whose production in court may not be challenged merely because they are electronic documents.

11.2. Written communications directed to the Seller, as well as any complaints will be considered valid only where they are sent to the following address: MIAPULIA DI TANTARO JACOPO PIO, with registered office in Via R. Disangro, 16, 71016, San Severo (FG) Italy, e-mail: admin@miapulia.com

11.3. Either party may at any time change its e-mail address for the purposes of this Article, provided it gives timely notice to the other party in accordance with the forms set forth in the preceding paragraph.

12. Processing of personal data

12.1. The Purchaser expressly declares that he/she has read both the notice provided in Art. 13 of Legislative Decree. June 30, 2003, no. 196 (Privacy Code), both of the “privacy policy” of the Site.

The rights arising from the privacy legislation and the disclosure obligations arising from it to the Seller are reviewed “online”, prior to the completion of the purchase process. The submission of the order confirmation therefore implies full knowledge of them.

12.2. The Seller protects the confidentiality of customers and guarantees that the processing of data complies with the provisions of the privacy regulations set forth in Legislative Decree. June 30, 2003, no. 196.

12.3. The personal data and tax data acquired directly and/or through third parties by the Seller, the data controller, are collected and processed in paper, computer, telematic form, in relation to the processing methods with the purpose of registering the order and activating towards it the procedures for the execution of this contract and the necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow an effective management of business relationships to the extent necessary to best perform the requested service (art. 24, paragraph 1, letter b, Legislative Decree no. 196/2003).

12.4. The Seller undertakes to treat the data and information transmitted by the Buyer with confidentiality and not to disclose 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 produced only at the request of judicial authorities or other authorities authorized by law.

12.5. Personal data will be disclosed, subject to the signing of an undertaking of confidentiality of such data, only to persons delegated to carry out the activities necessary for the execution of the contract entered into and communicated exclusively within the scope of this purpose.

12.6. The Purchaser enjoys the rights set forth in Art. 7 of Legislative Decree. 196/03 , namely the right to obtain:

(a) updating, rectification or, when interested, supplementation 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 were collected or subsequently processed;

(c) certification that the transactions referred to in subparagraphs. (a) and (b) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except where this proves impossible or involves the use of means manifestly disproportionate to the right protected. The data subject also has the right to object, in whole or in part:

(i) for legitimate reasons to process personal data concerning him/her, even if relevant to the purpose of 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.

12.7. The disclosure of their personal information by the Buyer is a necessary condition for the proper and timely execution of this contract. Failing this, the Buyer’s application cannot be processed.

12.8. In any case, the data acquired will be kept for a period of time no longer than necessary for the purposes for which it was collected or subsequently processed. However, their removal will be done safely.

12.9. Owner of the collection and processing of personal data, is the Seller, to whom the Buyer may address at the company headquarters, any request.

13. Jurisdiction

13.1. In the event of disputes arising out of or related to this contract, the parties agree to seek a fair and amicable settlement among themselves.

13.2. Pursuant to the provisions of EU Regulation no. 524/2013, the Seller informs the Buyer that a European platform for online consumer dispute resolution (so-called ODR platform) has been established. The ODR platform can be accessed at http://ec.europa.eu/consumers/odr/. The ODR platform provides an access point for Buyers who wish to resolve disputes arising from online sales or service contracts out of court. To this end, notice is hereby given that the Vendor’s e-mail address is admin@miapulia.com

13.3. If the dispute has not been settled amicably or by means of an ADR body brought before it through the ODR platform, the same may be brought at any time to the exclusive cognizance of the Court in whose district the Buyer is domiciled, if located in the territory of the State, in accordance with the provisions of Art. 66-bis of Legislative Decree. 206/05; in the event that the Purchaser does not have the status of final consumer it is agreed that any dispute, even in derogation of the rules relating to territorial jurisdiction, will be the exclusive jurisdiction of the Court of Foggia.

14. Applicable law and referral

14.1. This contract is governed by Italian law.

14.2. For anything not expressly provided for herein, the rules of law applicable to the relationships and cases provided for in this contract shall apply and, in any case, the rules of the Civil Code and Legislative Decree. September 6, 2005, no. 206 (Consumer Code).

15. Final clauses

15.1. This contract abrogates and supersedes any prior agreement, understanding, negotiation, written or oral, between the parties concerning the subject matter of this contract.

15.2. The possible ineffectiveness of certain clauses does not affect the validity of the entire contract.

15.3 These general terms and conditions have been drawn up in the Italian language. Should difficulties arise in interpreting them, the parties agree that the Italian language text will be deemed authentic and effective.