Terms and conditions of service

TERMS AND CONDITIONS

UNCLE FOOD S.R.L.

Uncle Food S.r.l., in the person of the legal representative pro tempore, with registered office at Via Alcide De Gasperi no. 33 – 80133 Naples (NA), VAT/Tax Code: 08710071211, REA registration NA – 978910, contacts: email info@unclefood.com;  pec unclefoodsrl@pec.it

(also referred to as the “Seller”)

WHEREAS

  1. Uncle Food s.r.l. is the owner of the website https://unclefood.com (the “Site”), which cannot be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, linked, and used without the prior consent of Uncle Food s.r.l.

  2. All trademarks and logos possibly mentioned on the Site and present on the packaging and labels of products are trademarks of their respective companies and are owned by their respective rights holders. The use of third-party logos does not represent an endorsement or association of any kind with the respective companies holding the intellectual and industrial property rights.

  3. On said Site, Uncle Food s.r.l. conducts the sale of food products (hereinafter the “Product” or the “Products”), pursuant to Legislative Decree 9 April 2003, no. 70 containing the regulation of electronic commerce (e-commerce) and pursuant to the Italian Civil Code.

  4. The Seller accepts orders from customers acting for purposes related to the entrepreneurial, commercial, professional, or artisanal activity possibly carried out (“Customer” or “Customers”).

  5. The Seller is the owner of the brand “Uncle Food by American Uncle”.

  6. The Seller declares:

  • to be the owner/possessor of all rights, licenses, authorizations, certifications necessary under the law for the marketing of the Products;

  • to ensure compliance with all food safety requirements and obligations established by Reg. (EC) No. 178/2002 and hygienic self-control;

  • to ensure compliance with the obligations provided by Reg. (EU) No. 1169/2011 where applicable.

  1. The premises form an integral and substantial part of this Contract and the Customer declares to have taken full knowledge of it and to accept its content without reservations.

  1. TERMS OF USE

  1.  The legal conditions applicable to the Seller-Customer relationship are those in effect on the date of transmission of the purchase order. They can be changed at any time. Any changes and/or new conditions are effective from the moment they are published on the Site.

  2. Before placing and, therefore, proceeding with the payment of the order, the Customer is required to carefully read these terms and conditions. Placing the order implies full knowledge and express acceptance of both the aforementioned general conditions of sale and what is indicated in the purchase procedure. 

  1. OBJECT

  1. This Contract aims to define the contractual conditions applied to sales in the mode of electronic commerce which exclusively concern the Products offered and made available by the Seller on the Site. The Customer can only purchase the Products displayed on the Site at the time of browsing. It is specified that the image accompanying the descriptive sheet of a Product is purely illustrative and may not perfectly represent its characteristics but differ in color, size, or in relation to any accessory products shown in the figure due to the settings of the computer systems or devices used by Customers. Therefore, for the purposes of the purchase contract, the description of the Product contained in the order form transmitted by the Customer is authoritative.

  2. By purchasing the Products, the Customer expressly agrees to affix the labels provided by the Seller, mandatory for the sale of the Products themselves, in accordance with the provisions of Regulation (EU) 1169/2011 and the Italian Consumer Code (D.Lgs. 206/2005). This obligation is essential for the correct marketing of the Products and compliance with current regulations.


  3. The contract is executed with respect to the Customer identified by the data entered in the order form that is transmitted electronically after acceptance of these Terms and Conditions.

  1. REGISTRATION 

  1. To make purchases, the Customer first proceeds to register on the Site and create an account by filling out the appropriate form. The Customer guarantees that the personal data provided on the Site is true, complete, and up-to-date. 

  2. Registration on the Site, through the creation of a personal and reserved area (hereinafter “Account”), allows the Customer to view prices, place orders, manage their personal data, update them at any time, access all information related to orders, and leave reviews. Registration credentials must be kept with extreme care and attention. They can only be used by the Customer who has completed the registration, or by the user designated by the Customer, where applicable; in any case, they cannot be transferred to third parties. The Customer undertakes to keep them secret and to ensure that no third party has access to them and also undertakes to immediately inform Uncle Food in case they suspect or become aware of any misuse or improper disclosure of the same.

  1. PURCHASE PROCESS

  1. Once the Products have been added to the cart, the Customer sees a summary of the order details, including the delivery address, the chosen payment method, and the information on the Products, and can proceed to confirm the order.

  2. To complete the order, the Customer enters the payment method details and clicks the 'Pay Now' button. At this point, the Seller processes the payment.

  3. The Seller confirms the receipt of the order via email, sending a message to the address provided by the Customer, which formalizes the contract between the parties. This communication includes the date, time of receipt of the order, the 'Customer Order Number', the link to the 'Terms and Conditions' accepted, a summary of the Products purchased, the total price, the payment method, delivery charges, and any additional costs. The Customer is required to verify the accuracy of the data and, in case of errors, to promptly contact the Seller at the addresses indicated on the Site.

  4. The Customer can also check the status of their order by accessing their account.

  5. The Seller reserves the right not to fulfill purchase orders that do not provide sufficient solvency guarantees or that are incomplete and incorrect. In such cases, the Seller commits to promptly communicate with the Customer. In the event of order form submission and payment of the price, the Seller will refund the amount already paid.

  1. AVAILABILITY

  1. All product orders are subject to their availability. The Site is constantly updated automatically to ensure maximum correspondence between the Seller's availability and what is indicated on the Site.

  2. Since simultaneous access by many user-customers and the simultaneous possibility of online orders modify the availability of the Product as entered by the Customer in the order, the Seller does not guarantee the certainty of assignment of the ordered goods and, therefore, the completion of the contract.

  3. On certain Products, subject to price promotions, the Seller reserves the right to accept orders by reducing the quantities, subject to communication and acceptance by the Customer, failing which the order must be considered canceled.

  4. The Seller may cancel the order in case of unavailability of the Products. In these cases, the Customer is informed via e-mail or telephone contact (followed by written confirmation) that the contract is not concluded and that the Seller has not proceeded with the order, specifying the reasons. In this case, the amount previously committed on the Customer's payment method is refunded. Notification of the refund is given via e-mail. 

  5. In all cases of order cancellation by the Seller, for any reason, it is understood that the Seller cannot be held responsible for any damages resulting from the cancellation.


  1. PRICES AND PAYMENTS

  1. All published prices are excluding VAT.

  2. The Seller can change the selling prices of the Products at any time and without notice and without the need for justification or specification. 

  3. If an incorrect and/or clearly ridiculous price is published, for any reason (system error, human error, etc.), the order is canceled, even in the case of initial validation.

  4. The validity of the prices is always and only that indicated in the order confirmation sent to the Customer following the order submission. 

  5. All Products are shipped directly from the national territory in Italy, or in EU countries, and the prices, therefore, are not subject to customs tariffs. 

  6. The prices of the Products expressed in the individual product sheet do not include shipping costs which are displayed in the order summary before the request for confirmation by the Customer. 

  7. All purchases made on the Site are secure, as they are guaranteed by SSL certification and respective HTTPS protocol. The proposed payment methods involve exclusively multi-referenced circuits.

  8. The Customer can make the payment with bank transfer or credit card. Only Customers with a location and delivery in Italy can also purchase with cash on delivery. It is understood that the Seller remains unrelated to the contractual agreements that the Customer enters into with the payment companies. Furthermore, the Customer guarantees the Seller that he has the necessary authorizations to use the payment method chosen for his order at the time of sending the order. 

  9. If the Customer chooses cash on delivery and does not provide cash payment at the time of delivery or refuses to collect the Products, all related costs will be borne by him. In this case, the Seller will reserves the right to add the Customer's name to the blacklist and initiate credit recovery procedures for contractual non-compliance.

  10. All orders are payable in Euro, including taxes and mandatory contributions. Any banking fees are the sole responsibility of the Customer, even in case of a refund.

  11. At no point during the purchase process is the Seller able to know the Customer's credit card information, transmitted via a secure connection with encrypted protocol directly to the site of the entity managing the electronic payment.

  12. In no case can the Seller be held responsible for the possible fraudulent and improper use of credit and prepaid cards by third parties.

  13. For each order placed, if the Customer has expressly requested it, the Seller issues an invoice for the shipped order, sending it upon the user's request by email to the Customer named on the order. The details provided at the time of invoice issuance are based on the information given by the Customer at the time of order processing. No changes to the invoice are possible after it has been issued.


  1. SHIPPING AND RATES

  1. The products sold on the Site can be purchased and delivered in Italy and from the following EU countries: Austria, France, Germany, and Spain, as well as - where agreed by the Seller upon email request - collected at the Seller's premises located in Via Giuseppe Longobardi 33, 84010 San Valentino Torio (SA). 

  2. Shipments of orders placed by Customers are managed through various couriers based on the destination and weight of the order. Shipping costs can be modified at any time by the Seller, but changes are not applied to orders already sent and accepted. 

  3. Specifically, they are carried out as follows:

  1. In Italy. 

  • Shipping in Italy is carried out via the courier BRT S.p.A.;

  • Shipping costs are equal to 7% of the order value for orders up to 500.00 (five hundred/00) euros, with a minimum shipping cost of 9.90 (nine/90) euros. For orders over 500.00 (five hundred/00) euros, shipping is free.

  1. In Austria; France; Germany. 

  • For orders up to 30 kg, the designated courier will be General Logistics Systems Italy SpA with a sole shareholder. For orders exceeding the aforementioned weight, the shipment will be entrusted - to discretion of the Seller – to a different courier.

  • The shipping costs are equal to 12% of the order value, with a minimum shipping cost of 9.90 (nine/90) euros.

  1. In Spain.

  • Shipping to Spain is carried out via the courier Fedex Corporation.

  • The shipping costs are equal to 12% of the order value, with a minimum shipping cost of 9.90 (nine/90) euros.


  1. METHODS OF FULFILLMENT AND DELIVERY

  1. The purchased Products are shipped ex works and can be delivered to the address indicated by the Customer in the order by the date indicated in such Shipping Confirmation or, alternatively, picked up - where agreed by the Seller upon request via e-mail - at the Seller's premises. 

  2. If the Customer chooses the latter option, the pickup at the premises of Uncle Food, must be carried out within and no later than 5 (five) days from the order. In case of non-collection, the order is considered canceled with the consequent refund of the entire amount if previously paid online (where possible, using the same payment method used by the Customer at the time of purchase). 

  3. By "order processing times" it is meant the time interval that elapses from the receipt of the order to the delivery of the Product to the courier.

  4. The delivery times of the ordered goods are purely indicative, they may vary due to force majeure or due to traffic conditions and road conditions in general or by act of the Authority, as well as for any delays attributable to the carrier. Therefore, no responsibility can be attributed to the Seller in case of delay in order processing or in the delivery of the goods. 

  5. The goods travel with packaging made by the Seller which varies based on the Products ordered, their number, and their weight/volume.

  6. Unless otherwise specified at the URL https://unclefood.com/it/pages/about-us, scrolling the page, in the "Frequently Asked Questions" section and in the order summary before making the purchase, the shipping costs are borne by the Customer and detailed before payment. The Seller reserves the right to change the shipping policies at any time and to give appropriate notification at the aforementioned URL. 

  7. The delivery is considered completed or the order delivered by the acquisition by the Customer or the order recipient different from the Customer or, however, by a third party indicated by him, the material availability of the Product which is proven by the subscription (by one of the aforementioned subjects) of the order receipt at the agreed shipping address.

  8. It is the responsibility of the Customer – or the aforementioned subjects - to make themselves available throughout the day on the indicated days for the collection of the Products at the address specified at the time of purchase. The Courier is in no way obliged to notify the Customer or deliver the Products at the times possibly indicated by the Customer themselves.

  9. If at the courier's passage on the communicated days and/or time slots, the Customer – or someone on their behalf or the recipient of the Products - is not present, the courier makes 2 (two) subsequent delivery attempts following the first (unsuccessful) one. If they are unable to deliver the products despite the 3 (three) attempts made, they proceed with opening a storage case. The goods can be held in storage for a maximum of 7 (seven) working days, without additional costs for the Customer.

  10. After a contact between the parties to verify the Customer's intention to refuse the receipt of the goods, failure to collect within the aforementioned period results in the cancellation of the order by the Seller. In cases of advance payment (different from cash on delivery), the Customer will receive a refund of the amount paid, minus the costs for the unsuccessful delivery, the costs of returning the goods to the Seller, any storage costs if exceeding 7 (seven) days, and any other expenses incurred from the day following the courier's notice of passage. In cases of cash on delivery, the Seller may request the Customer to pay the shipping costs, any storage, and the return of the goods. The termination of the contract, the refund amount, and the amount of the retained expenses will be communicated via email to the address provided by the Customer at the time of the order.

  11. At the time of delivery of the Products, the Customer is required to check: 

  • that the number of packages delivered corresponds to what is indicated in the transport document sent to them;

  • that the packaging is intact, not damaged, or otherwise altered and with the closure seals intact.

  1. Any external damage or discrepancy in the number of packages must be immediately contested to the courier making the delivery, by noting "collection with reservation". In the specific case of a damaged package, it is necessary to report on the courier's waybill: "collection with reservation because the package is damaged". 

  2. Once the courier's document is signed, the Customer cannot raise any objections regarding the external characteristics of what was delivered.

  3. The Seller cannot be held responsible for any damages that may occur to the Products after delivery to the carrier responsible for their transportation, nor for delays in delivery attributable to the latter. Pursuant to and for the purposes of art. 1693 c.c., the responsibility for the loss or damage of the Products in delivery lies with the carrier from the moment they receive them to the moment they return them to the Customer, unless the cause of the loss or damage of the Products is not attributable to them.

  4. In the event that the Customer provides an incorrect shipping address, the order is delayed and additional shipping costs and handling fees for returned or redirected orders are calculated. In such a case, it is not possible to request a refund.


  1. RIGHT OF WITHDRAWAL AND LEGAL WARRANTY OF CONFORMITY


  1. The right of withdrawal is excluded, unless otherwise decided by the Seller, who reserves the right to evaluate on a case-by-case basis. Should the Seller grant the withdrawal, the Customer who has made the request in writing, to be sent to the email address indicated in the heading. In the event that, exceptionally, the Seller grants the withdrawal, the Customer will bear the return costs of the Products, and the refund of only the value of the goods (excluding shipping costs) will be made only after the Seller has received the returned Products, whose collection will be organized by the Seller.

  2. In case of receiving a wrong Product compared to what was ordered (to be understood as the only case where the error is attributable to the Seller) or damaged (due to a cause attributable to the Seller) or altered or, in general, non-compliant, the rules of the Civil Code apply regarding the report of defects, specifically, art. 1495 c.c. which requires the report of defects within 8 days of discovery. In any case, the report of errors or defects cannot be made beyond the date of BBD of the same good.

  3. In any case, the Customer has the obligation to attach appropriate photographic documentation from which the error or defect can be clearly seen.

  4. In all the cases described in the previous paragraphs, following the receipt of the form and the related documentation, the Seller evaluates the error, defects, and non-conformities reported by the Customer and if they accept the report of non-conformity, at their sole discretion, they will propose one of the following alternatives to the Customer:

  • A credit note of the amount equal to the cost of the Product, usable for a subsequent order; or

  • The replacement of the Product in the next order; or

  • The refund of the amount equal to the cost of the Product (excluding shipping costs).

  1. The authorization to return the Products does not in any way constitute acknowledgment of defects or non-conformity, the existence of which must be ascertained after the return.

  2. For this purpose, therefore, the Customer is invited not to handle the Product beyond what is strictly necessary and must cover the original packaging of the Products with other protective packaging that preserves its integrity and protects them during transport from writings or labels.

  3. Any refund of the price paid is made, where possible, using the same payment method used by the Customer at the time of purchase of the Product. Alternatively, the Customer is invited to provide the Iban code of their bank account so that the Seller can execute the refund via bank transfer.

  4. In case, following quality control and food safety checks, the Product does not meet the conformity standards or there is a serious health risk, the Seller takes all measures to prevent its sale, resulting in withdrawal from the market. If the risky Product has already come into the Customer's possession, the Seller commits to taking all necessary actions and initiating, according to the law, the recall and return procedure, providing the Customer with all information regarding the safety conditions and instructions for the return.

     8.  CUSTOMER SERVICE AND COMPLAINTS

  1. For any kind of request or communication, the Customer can contact the Seller using the contact details indicated at the URL: https://unclefood.com/it/pages/contact.

  2. The Customer acknowledges, accepts, and consents to the fact that all communications, notifications, attestations, information, reports, and any documentation on the operations performed, related to the purchase of the Products, will be sent to the email address indicated at the time of registration, with the possibility to download the information on a durable medium in the ways and limits provided by the Site.

  3. The Customer Service team is available from 09:00-18:00 Monday to Friday. 

  4. Correspondence received after the close of business on a given day will be considered as having arrived at the start of the next business day.

  5. For any complaint, it is necessary, in the first instance, to contact the customer service using the contacts in the ways indicated above, indicating and explaining the reason for the complaint. It will be handled through internal procedures; once the investigation is completed, a response will be sent. finalization of the claim in writing.


    10. EXPRESS TERMINATION CLAUSE


The obligations undertaken by the Customer, as well as the guarantee of the successful completion of the payment that the customer makes using the means referred to in art. 5, are essential, so that by express agreement, the non-compliance by the Customer with the performances underlying the execution of the contract and the quality of the service (ex multis, behaviors that hinder or do not facilitate the shipment of Products by the Seller) may result in the automatic termination of the contract pursuant to art.1456 c.c., without prejudice to the Seller's right to take legal action for compensation for further damages.

   11. LIMITATION OF LIABILITY


  1. The Seller, in the event that it fails to execute the order within the timeframes stipulated by these general terms and conditions of sale, assumes no responsibility if the failure or incorrect fulfillment is due to disruptions caused by a third party, due to the Customer's fault or attributable to force majeure or unforeseen circumstances or any other event not under the direct and exclusive control of the Seller (including, but not limited to, catastrophic natural events, acts of terrorism, wars, civil unrest, power outages, general strikes of public and/or private workers, strikes and/or restrictions on courier and air transport connections).

  2. The Seller is in no way responsible for the improper use of the Products or, in any case, for any conduct - by the Customer and/or recipient of the order - contrary to the correct intake of the Product itself, or in any case contrary to a healthy lifestyle and a balanced and varied diet accompanied by adequate physical activity.

  3. The Seller is also not responsible in cases where the defect that caused the damage did not exist when the Seller put the Product on sale and when the state of scientific and technical knowledge, at the time the Seller marketed the Product, did not yet allow the Product to be considered defective;

  4. The Seller is in no way responsible for any damages caused to the Customer or third parties resulting from a non-compliant use of the Products.

  5. The Seller is in no way responsible for the improper use and/or disclosure to third parties of the Customer's registration information.

  6. The Seller disclaims any responsibility for direct and indirect damages, whether foreseeable or not, consequent and/or related to the use of the Site by the Customer. If the Seller is held responsible for a loss suffered by the Customer and solely attributable to the transmission of an order, such liability is limited to the amount of the order actually paid by the Customer to the Seller.

  7. The Seller assumes no responsibility for any fraudulent and unlawful use that may be made by third parties of credit cards and other payment methods at the time of payment for the Products purchased, provided that it demonstrates that it has taken all possible precautions based on the best technology and experience of the moment and in accordance with ordinary diligence.

12. APPLICABLE LAW AND DISPUTE RESOLUTION

  1. These General Conditions of Sale are governed by Italian law and are interpreted according to it.

All disputes arising from or connected to these Terms and Conditions, including those concerning the existence, validity, or termination of the contractual relationship itself, before any judicial phase, will be referred to the mediation body specialized in the disputes subject to this agreement "Digital Mediators" of ADR INTESA S.r.l. - mediatorideldigitale.it, in compliance with the Regulations of the body in force at the time of filing the application. For any dispute arising from the application, execution, and interpretation of these Terms and Conditions, the Court of Naples has exclusive jurisdiction.