Terms and conditions

Terms and conditions of sale

1. OBJECT

These general conditions of sale apply to the purchase of Choco Zero brand products made through the e-commerce site www.chocozero.it by users.

All products and prices specified on the Site constitute an offer to the public with the limitations and methods contained in the Site itself and in these general conditions.

All sales, delivery and payment methods are listed in detail in the various sections of the Site and are to be considered an integral and essential part of this contract. 

The conditions applicable to each individual order will be those displayed on the Site at the time of the order itself. Any new conditions will be effective from the moment of publication on the Site and will apply only to sales concluded subsequently. 

The Site is dedicated to retail sales, as such it is intended for the exclusive use of the category of Consumers.

To be able to make purchases through the Site, the Consumer must be of age (18 years) and have the capacity to act, which the Consumer declares to possess.

The Customer, by sending the confirmation of his purchase order, unconditionally accepts and undertakes to observe in his relations with Arianna Massimino Fit Selection Srl (hereinafter "Chozo Zero") the general and payment conditions transcribed below , declaring that he has read and accepted all the information provided to him.

These purchase conditions must be examined online by Customers visiting the website www.chocozero.it before they confirm their purchases. The forwarding of the order confirmation, therefore, implies full knowledge of these purchase conditions and their full acceptance.

Before confirming the purchase, the Customer will be given a summary of the unit cost of each chosen product, the total cost in the case of purchasing multiple products and the transport costs.

By confirming the purchase, upon completion of the transaction, the Customer will receive an email message containing the number, date and total amount of their order.

Any communication from the Consumer connected and/or related to the purchase of the Products, including any reports, complaints, requests concerning the purchase and/or delivery of the Products, the exercise of the right of withdrawal, etc. must be sent to the Seller at the addresses and in the manner indicated on the Site and to the e-mail address info@chocozero.it.

2. CHARACTERISTICS OF THE PRODUCTS AND THEIR AVAILABILITY

Choco Zero guarantees that the information and images are updated, as the range of Products offered may be updated or subject to changes.

The Products are sold with the characteristics described on the Site and according to the general conditions of sale published on the Site at the time the order is sent by the Consumer, to the exclusion of any other condition or term.

The Seller reserves the right to modify these general conditions of sale at any time, at its discretion, without the need to provide any notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will apply solely to sales concluded as of that date. 

The prices, the Products on sale on the Site and/or their characteristics are subject to change without notice. Before sending the purchase order, the Consumer is invited to check the final sales price.​

The Site can be accessed from all over the world. However, the Products available on the Site can be purchased exclusively by Users who request delivery in one of the States indicated on the Site. ​

3. PRODUCTS NOT AVAILABLE

Choco Zero will not be responsible for the unavailability of one or more products. 

In such an eventuality Choco Zero undertakes to act according to the instructions provided by the customer (choice to replace the product with a similar one or to eliminate it from the order).

For reasons due to the availability of the products, a deviation may occur between the amount of the Products ordered and that of the Products delivered. If the amount of the Products delivered is lower than that of the Products ordered, Choco Zero undertakes to reduce the amount to be paid upon delivery or to open a credit to the customer, which can be used for the next purchase.

4. HOW TO PURCHASE THE PRODUCTS

The purchase order transmitted by the Consumer to the Seller via the Site has the value of a contractual proposal and is governed by these general conditions of sale, which constitute an integral part of the order itself and which the Consumer, by transmitting the order to the Seller , is required to accept it in full and without any reservations.

Before proceeding with the purchase of the Products, by sending the purchase order, the Consumer will be asked to carefully read these general conditions of sale and the information on the right of withdrawal.​

The Consumer's purchase order is accepted by the Seller by sending the Consumer, to the e-mail address declared by the latter to the Seller at the time of purchase on the Site or by sending the order, a confirmation e-mail of the the order which will contain a summary of the order placed and a description of the characteristics of the Product ordered. 

Each purchase contract for the Products is considered concluded when the Consumer receives the order confirmation from the Seller via email, regardless of the payment method chosen. 

5. PROCEDURE FOR SELECTION AND PURCHASE OF PRODUCTS

The Products presented on the Site can be purchased by selecting the Products of interest to the Consumer and placing them in the appropriate virtual shopping cart. 

Once the selection of the Products has been completed, to purchase the Products placed in the cart, the Consumer will be able to choose whether to pay via the site or via third-party services such as, by way of example and not limited to, PayPal, ApplePay or AmazonPay. In the first case, the Consumer will provide the data requested in order to complete the order and allow the completion of the contract on the website www.chocozero.it, in the second case on the respective third-party sites.

6. DELIVERY OF THE GOODS AND ACCEPTANCE

The order sent by the Customer will be binding for Choco Zero only if the entire order procedure has been completed regularly and correctly without any error messages being highlighted by the Site. Choco Zero will not include products not expressly requested in the expense by the Customer. 

The Seller undertakes to do everything within its power in order to respect the delivery times indicated on the Site and, in any case, to carry out the delivery within a maximum of 30 days starting from the day following that on which the Consumer has sent the order. In the event of failure to execute the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller will provide a written communication to the Consumer and will refund any sums already paid by the Consumer for the payment of the Product or will ask for confirmation. to replace the Product with another available one. 

The shipment of the Products ordered by the Consumer will take place in the method selected by the Consumer, among those available and indicated on the Site at the time the order is sent. 

In the event that the Consumer chooses to collect the order in the company, he will receive an email to the address provided at the time of the order when the goods are ready for collection. 

If the packaging or wrapping of the Products ordered by the Consumer were to arrive at their destination clearly damaged, the Consumer is invited to refuse delivery by the carrier/shipper or to accept delivery "with reservation" specifying the type of damage on the delivery document. damage detected. 

7. PRICES, SHIPPING COSTS, DUTIES AND TAXES

The price of the Products is that indicated on the Site at the time the order is sent by the Consumer. The prices include standard packaging costs, VAT (if applicable), while they do not include shipping costs which will be made known to the Consumer before sending the order, in the virtual shopping cart and added to the price of the Products that the Consumer has entered therein.

The Consumer must pay the Seller the total price, as reported in the order and in the order confirmation sent by e-mail from the Seller to the Consumer. 

Any further costs, charges, taxes and/or duties that a given country may apply, for any reason, to the Products ordered based on these general conditions of sale are the sole responsibility of the Consumer. The Consumer declares that failure to know the costs, charges, duties, taxes and/or taxes referred to in the previous paragraphs, at the time of sending an order to the Seller, cannot constitute cause for termination of this contract and cannot in any case in no way charge the aforementioned charges to the Seller.

8. PAYMENTS

Payment of the price of the Products purchased through the Site must be made at the same time as the order via the Site or through the third-party services available (e.g. Amazon Pay, Apple Pay, etc.). The Consumer expressly accepts that the execution of the contract by the Seller will begin when the price of the purchased Product(s) is credited to the Seller's current account.

In the case of payment in cash and collection of the order in the company, the contract will be considered concluded only at the moment of collection and simultaneous payment of the price.

Payment can be made via the Site or via third-party services (e.g. PayPal, AmazonPay or ApplePay) under the conditions described below. The Seller may allow additional payment methods, indicating them in the payments section of the Site.

The Seller will send the invoice in paper format in the envelope containing the transport documents accompanying the goods. 

9. DELIVERY METHODS

The ordered Products will be delivered in sealed packages; for organizational reasons, efficiency and economy of the Service. 

10. RIGHT OF WITHDRAWAL

The Customer's rights are protected by art. 52 of the Consumer Code. The Customer, as a consumer, has the right to withdraw from the contract of sale of the Products, as established by the art. 52 of Legislative Decree no. 206/2005 (Consumer Code), without having to provide any explanation and without penalties. The Customer may exercise the withdrawal within 14 days from the moment in which he, or a third party other than the carrier and designated by the User, acquires physical possession of the Products.

This right cannot be exercised for products marked with symbols, writings or other indications regarding a close expiry date.

Before the expiry of the 14 day period, the Customer will inform the Seller of his decision to exercise the right of withdrawal from the contract. To this end, the Customer may submit to the Seller any other explicit declaration of his decision to withdraw from the contract with subsequent registered mail or certified e-mail or to the e-mail address info@chocozero.it.

The withdrawal deadline will be considered respected by sending the withdrawal notice before the withdrawal period expires, as determined above.

In the notice of withdrawal, the Customer must specify the Products for which he intends to exercise the withdrawal.

Once the notice of withdrawal has been received, if timely, the Seller will reimburse the Customer for all payments received; the refund will be made using the same payment method used by the Customer for the sale in relation to which the withdrawal was exercised.

The Seller will have the right to withhold the refund until it has received the Products or until the User has demonstrated that he has sent the goods back, whichever occurs first.

The Customer, once exercised the withdrawal, must return the Products, without undue delay and in any case within 14 days from the date on which he communicated to the Seller his decision to withdraw from the contract, by sending the aforementioned.

For the sole purpose of complying with the return deadline, the Products are considered shipped when they are delivered to the accepting post office or to the shipping company.

The Products must be returned in the original packaging in which they were received, including any accessory documents such as tags, labels, seals, etc.

The products must not have been tampered with or made unsuitable for resale (for example a product eaten and not liked).

The consumer-buyer will have the right to obtain the sum paid to the seller as shipping costs; following the exercise of the right of withdrawal, the consumer will still have to bear the costs of returning the goods to the seller.

To return the Product, the Customer may use the postal service or a carrier of his/her choice.

All risks of loss or damage to the Products during shipment to the Seller for return are borne by the Customer.

As required by the art. 57 paragraph 2 of the Consumer Code, the Customer will be responsible for the decrease in value of the returned Products resulting from handling of the aforementioned other than that necessary to establish their nature, characteristics and functioning.

In the event that, upon receipt of the returned delivery, the Seller finds a decrease in value or deterioration of the Products attributable to the Customer, the Seller will have the right to offset the amount corresponding to the aforementioned decrease in value with the amount to be refunded to the Customer as a result of withdrawal; in this case, the Seller will notify the User within 14 days of receiving the return.

The right of withdrawal is not permitted in the case of:

- purchase of sealed packaged products, opened by the Customer;

- goods made to measure or personalized;

- goods which, by their nature, cannot be returned or risk deteriorating or expiring rapidly. 

The return of Products pursuant to this article is permitted only in relation to purchases made on the Website.

11. COMPLAINTS

We do not accept unauthorized returns that have not been previously agreed upon. We do not accept returns of sealed products that have been opened by the Customer.​

If the breakage or lack of a product is ascertained, or the presence of an item that does not conform to the Customer's requests, the latter has the right to request the delivery or reinstatement of the missing or non-conforming product or credit on the subsequent expenditure of an amount equal to the value of the product or products in dispute. Communications of the aforementioned anomalies must be made within 3 days of the delivery date, to the addresses indicated in these General Conditions. The costs for replacing the Product are borne by Choco Zero. 

Choco Zero is excluded from any liability regarding the poor condition of the Products due to inadequate storage subsequent to the time of delivery. 

12. DISPUTES AND MEDIATION CLAUSE

Any dispute relating to the application, execution, resolution, interpretation and violation of the contract stipulated online between the customer and Choco Zero is subject to Italian jurisdiction and must be subjected to a preliminary attempt at mediation and conciliation. In this regard, the parties undertake to resort to mediation attempts as established therein before starting any judicial or arbitration proceedings. For any dispute between the parties in this regard, the Court of the Customer's place of residence or domicile is competent, if located in Italian territory. If the Customer's domicile or residence is not within Italian territory, the competent court is that of the headquarters of Choco Zero.

13. INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHT

The Consumer declares to be informed that all the contents of the Site, including documents, trademarks, names, as well as any distinctive sign, name, image, photograph, written text or graphic used on the Site or relating to the Products are and remain the exclusive property of Choco Zero without the Consumer having any rights over the same from accessing the Site and/or purchasing the products. 

The contents of the Site cannot be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of Choco Zero. 

All contents are protected by copyright law and trademark protection law, as well as by copyright. 

The Site may also contain images, videos, articles, documents, logos and trademarks of third parties who have expressly authorized the Site Owner for their publication within this Website and/or have been acquired and published by the Site Owner. in good faith as material considered to be in the public domain. The aforementioned third-party material is also protected by copyright legislation and trademark protection legislation and is also covered by Copyright. Except for strictly personal uses, it is not permitted to copy, alter, distribute, publish and/or use the contents of this Site without prior and specific authorization from the Site Owner and, in any case, with the express obligation to cite the source.

14. OFFERS, GIFTS AND PROMOTIONS

The promotions proposed by Choco Zero are valid until stocks of the products are exhausted and according to the methods indicated from time to time for times and quantities. Promotions cannot be combined. 

The promotional products may be delivered in promotional packages, different from those published on the Site. The offer of any free products is valid until stocks last.

No replacement or return is possible in relation to any products received free of charge by the Customer. 

15. CONSUMER DATA AND PRIVACY PROTECTION

In order to proceed with the forwarding of the order and therefore with the conclusion of this contract, some data is required from the Consumer, such as name, surname, shipping address and telephone number. The data will be requested through PayPal, if the Consumer chooses to use this platform to complete the payment. The Consumer, in any case, acknowledges that the personal data provided will be recorded and used by the Seller Masseria Manone, in accordance with and in compliance with the legislation referred to in Legislative Decree 196/1003 and EU Regulation 679/2016 (GDPR) , to execute each purchase made through the Site and, subject to your consent, for any further activities as indicated in the specific privacy information provided to the Consumer through the Site at the time of registration. 

The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process are correct and truthful.