Terms and Conditions

In this page we list our Terms and Conditions, under Chapter I, title 3, section 3 of the Legislative Decree no. 82/2005 and subsequent amendments and additions.

1. Introduction and applicability of the General Conditions

These general conditions of sale (hereinafter, “General Conditions”) govern the purchase of products and services, carried out remotely and made available via the internet, from the site www.bagsandfruits.com (hereinafter, the “Website”) in compliance with Italian regulations of Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, “the Consumer Code“).

The seller of the products and the Website owner is: Jaim Nathan Telias (Bags & Fruits) with office in Via dei Giubbonari 106 (00186), Rome, Italy, and Italian VAT number IT11428921008, Fiscal Code (Codice Fiscale) TLSJNT80M11Z603O, e-mail: info@bagsandfruits.com.

The client who accesses the Website to make purchases (hereinafter, “the Customer“) shall, before sending the order, carefully read these Terms and Conditions made available on the Website and available at all times to the Customer also via the link in the order confirmation email for reproduction and storage.

In the event that the person purchasing from the Website requires an invoice and/or is not a “consumer or user” as defined by art. 3, paragraph 1, comma a) of the Consumer Code, the cancellation rights as described in Articles 7 and 8 of the General Conditions will not apply nor, more generally, the provisions that apply only to “consumers” according to the Consumer Code.

The contracts concluded with Bags & Fruits through the Website are regulated by these General Conditions in accordance with Italian legislation. The language used to conclude the contract is Italian.

2. Choosing and Ordering Products

The features and the price of the various products offered on the Website (hereinafter, the “Product” or “Products“) are shown on each product page.

For the purchase of the Products, the Customer must complete and submit the order form in electronic format, following the instructions contained on the Website. The Customer shall add the Product to the “shopping cart” and, after having read the Terms and Conditions and the Privacy Policy, must enter the shipping and billing information, select the desired payment method and confirm the order.

With the confirmation of the order, which is equivalent to a contract offer, the Customer acknowledges and states they have read all the instructions provided during the purchasing procedure and fully accepts the current General Terms and payment Conditions.

The contract between Bags & Fruits and the Customer shall be concluded with the acceptance of the order by Bags & Fruits . This acceptance is communicated to the Customer through an order confirmation email containing a reference to the current Terms and Conditions, order number, shipping and billing date and a list of Products ordered with their main features and the total price, including shipping costs. The client will check the confirmation email and, if any errors are found, will have 12 hours from receiving the email to contact the Customer Service directly from the Website using the suitable contact form available from the “Contact” tab. After that time, the order will be processed for shipping and no further changes will be accepted, without prejudice to the Customer’s rights as described in Article 7.

After receiving the order, Bags & Fruits will check the availability of stock for the order. In the event that one or more Products are not available, the Customer Service will send a prompt email to the Customer, who, within the following 12 hours, will be able to confirm the shipment of other possible Products available or cancel it. In case of failure to respond within that period, the order will be deemed confirmed and the available Products will be shipped. In this case, the entire amount for the missing Products will be reversed or, in any case, depending on the chosen payment method, the Customer will not be charged.

3. Product Information

The information and specifications relating to the Products are available on the Website with the relevant Product codes.

The visual representation of the Products on the Website, if available, usually corresponds to the photographic image accompanying the description. It is understood that the image of these Products has the sole purpose of presenting them for the sale and may not be fully representative of their features and quality, but differ in colour and size. In case of a discrepancy between the image and the written Product description, the description on the Product sheet shall prevail.

4. Prices and Shipping

Product prices include all taxes and fees. All prices are expressed in Euro. The shipping cost varies according to the total weight of the purchased Products and the final destination of the shipment. In the Shopping Cart page, and later in the Checkout process, the user can view the final shipping cost before confirming the order (after specifying the destination of the goods).

Shipping within Italy:
Shipments within the Italian territory are delivered via express courier DHL.

Shipments abroad:
Shipments outside the Italian territory are delivered via express courier DHL.

More detailed information about which countries we ship to, shipping methods and costs is available on this website on the Shipping & Delivery page.

5. Payment and billing methods

5.1 Payment methods

The Customer may pay the price of the products and the shipping expenses via PayPal.

PayPal
After confirming the order, the Customer can make the payment using their existing PayPal account or a bank card (including prepaid cards), or using any of the other methods accepted by PayPal and in compliance with the relevant conditions.

5.2 Billing of orders

If the purchase is made by a professional, it will be possible to request an invoice by sending the billing information including fiscal code and/or VAT number to info@bagsandfruits.com.

The invoice will be sent via email to the address indicated. The professional is responsible for entering the correct billing information and is expressly informed that, if no invoice is requested during the ordering phase, it will not be possible to request it subsequently.

6. Transport and delivery

The Products purchased on the Website will be delivered to the address indicated by the Customer during the purchase procedure in the “Shipping information” field.
All purchases will be shipped by express courier (hereinafter, “Courier“) from Monday to Friday, except on national holidays and festivities. Bags & Fruits is not responsible for unforeseeable delays or may not be held responsible for them.

Once the products are shipped, the Customer will receive a confirmation email with a tracking link for the shipment.

Generally, except in cases of force majeure or unforeseeable circumstances, the Products ordered will be shipped within a period of 3 (three) working days from the day when Bags & Fruits confirmed the order to the Customer by a specific order confirmation e-mail.

7. Cancellation policy

The Customer is entitled to cancel the contract in accordance with the Legislative Decree no. 21 of the 21st of February 2014.
To exercise the cancellation right, the Customer must follow the instructions found in the pages of this website dedicated to the Cancellation Policy.

8. Errors and Limitations of Liability

The information regarding the Products provided through the Website is regularly updated. However, it is not possible to guarantee the complete absence of errors, for which Bags & Fruits  cannot be held liable, except in cases of wilful misconduct or gross negligence.

Bags & Fruits  reserves the right to correct any errors, inaccuracies or omissions even after an order has been made, or change or update information at any time without prior notice, without prejudice to the rights of the Customer under these General Conditions and of the current Italian Consumer Code.

Excluding wilful misconduct or gross negligence, all of the Customer’s rights to damages or compensation shall be excluded, as well as any contract or tort liability for direct or indirect damages to people and/property caused by the non acceptance or fulfilment, even partial, of an order.

9. Applicable law and competent jurisdiction

The sales contract between the Customer and Bags & Fruits is concluded in Italy and governed by Italian law. Any disputes concerning the interpretation, execution or termination of these General Conditions or of individual purchase orders, if the Customer is a consumer under the Italian Consumer Code, shall be of the exclusive competence of the Court of the town or municipality of residence or domicile of the Customer, if located in Italian territory; in all other cases, the applicable jurisdiction shall be that of the Court of Rome.

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According to Article 1341 of the Italian Civil Code, the Customer declares to have read and specifically accepted the following articles of these General Conditions: 6 (Responsibility for Delays in Delivery), 8 (Right to Correct Errors – Liability Disclaimers).