BACKGROUND

This site is owned by Diego www.popillo.com Nucci properties, individual entrepreneur with registered office in Via delle Pierone n. 186, 1st cross, 55100 Lucca (LU), tax code, VAT match and registration number in the Business Register of Lucca 02386950469, diegonuccio@hotmail.it. This site, (hereinafter also simply "Popillo") is dedicated to the retail and wholesale of food products online.

The terms and conditions mentioned on the website are mandatory and must be read and accepted by users, from end-users and anyone viewing the website. Customers who use the services offered by Popillo agree to abide by the conditions and the terms of use specified below.

The terms and conditions are always available and accessible on the website, in the home page section.

The Privacy Policy, the "help" section of the website, all terms of sale, delivery and payment are to be considered integral and essential part of the contract that you sign up with Popillo when purchasing one or more products.

Popillo reserves the right to modify, add or delete all or part of these terms of use, informing the users by publishing the changes on the site. Each user is required to check these conditions periodically to ensure any changes since the last consultation of the site. In any case, the use of the site and its services implies acceptance of the changes.

Registered users will be able to cancel their account at any time, according to the terms and conditions listed below.

All contracts to purchase products through the before mentioned website and according to the procedures shown below, between seller and user, will be governed by these terms and conditions (in accordance with Italian law and in particular leg. Decree no. 70 / 2003 relating to electronic commerce and to the Legislative Decree no. 206/2005, as amended by Legislative Decree. n. 21/2014, with specific reference to the legislation in respect of distance contracts).

The terms and conditions of use shall be applicable also to the new types of services introduced by Popillo, unless otherwise agreed at the time of registration or first delivery of the new service.

The presentation of products in the online shop is not a binding offer, but an online catalog without obligation.

Popillo reserves the right to modify, suspend, discontinue even partially the services offered to users. Popillo can also introduce limitations of access or services, in whole or in part, without notice and without incurring responsibility for this service limitation.

DEFINITIONS

Popillo: Name of the company that runs the website: www.popillo.com.

Terms and conditions: Terms and conditions of the site and the services it offered.

Products: Products sold through the site.

Services: Services that Popillo offers to its users. They refer to any service or activity offered on the site, both free and on payment.

Lucca Market Service: The service "Lucca Market" is devoted exclusively to residents in areas where the service is enabled. It’s possible to find a wide range of products (vegetables, fruits, milk, bread and other products) with a service exclusively dedicated to home delivery. Before you use the service, you need to register and wait for the confirmation of registration by Popillo.

Italian Service: The service is dedicated to all Italian users resident in Italy and thus can use the service "delivery".

European Union Service: The service is dedicated to all residents in the European Union. Popillo delivers its products in the European Union.

User: Any person using or willing to use the services offered by the site.

Registered user: User who carried out the pre-registration and who intends to use the services offered by the site.

User Lucca Market: registered user who uses the service " Market of Lucca" and who accepts the terms and conditions specified on the site.

User Italy: registered user who uses the service, accepts the terms and conditions specified on the site.

User European Union: registered user who uses the service in the European Union and who accepts the terms and conditions specified on the site.

Activities: Activities related to the following services: LUCCA-ITALY-EUROPEAN UNION MARKET

AGE AND CHILD PROTECTION

The site, and the services offered by it, are intended for persons who have completed 18 (eighteen) years of age.

The user who buys on the site guarantees to have completed 18 years of age and in any case declares to be legally able to act in accordance with the regulations of the country in which is situated at the time of conclusion of the contract.

The user also guarantees that the personal data provided are true.

USABILITY OF THE SITE

To buy and to have access to certain areas of the site, personal information is required in order to ensure proper operation of the website.

REGISTRATION

Registration on the site is free.

The users, to view and use the services offered by the website, must register by providing certain information (such as but not limited to: e-mail, password, full name, date of birth), with these data they can create their own profile user. Thereafter, the users may view the services and products offered.

To finalize and optimize the purchase, the users must fill in all fields with the required data.

The registered users may, at any time, go to their profile and update, modify or delete their entries.

We suggest the registered customers to provide a personal email address, which use regularly, and to keep updated their profile prior to any purchase.

The registered customers are solely responsible for the accuracy of personal information provided.

Popillo reserves the right to validate and / or delete accounts, whenever it is thought that the data issued are not valid or the users conduct fail to comply with these conditions of use.

The profile is strictly personal. It is possible to create one registration for each user. Multiple registrations will be automatically canceled by Popillo.

Each registered users is required to keep private their access data to Popillo, such as account and password, as well as to control access to your computer and / or on their portable devices. The users may be held responsible for all the activities that will be carried out under their accounts. Popillo expressly disclaims any liability for the failure to control the user access data.

HOW TO DISABLE USERS PROFILE

In case the users wants to delete the profile, may do so at any time as described in the paragraph below.

To delete the profile, the users will have to click "contact", fill in the forum, asking for the cancellation of the profile and entering their name and surname. Alternatively, the users can email us at: info@popillo.com, with the subject "delete profile" and entering the name and surname related to their account.

SERVICES

Users can choose, according to area of residence, the delivery modality of their purchases, according to the analytical methods indicated in the following articles.

LUCCA MARKET: Delivery in Lucca and in the province of Lucca.

ITALY: Delivery throughout Italy.

EUROPEAN UNION: Delivery throughout the European Union.

We offer adequate services for our users.

Detailed products presentation.

Transparency in delivery costs.

Online payment of the purchased products.

LUCCA MARKET SERVICE

To gain access to Lucca market products and services, the users must sign up for the section dedicated to LUCCA MARKET. Once the users have signed up for "Lucca Market", and decide to use the “Lucca Market Services", they will be subject to the rules specified in this article.

Conclusion of the purchase contract of products

The User “Lucca Market", by registering for the section, can view all the products available for its delivery area. After the enrollment acceptance by Popillo, the user can start making purchases, choosing among available products, which will be stored in "My cart" section. After the users have finished shopping and choosing the desired products, must click on the "shopping cart", top right, to view the products added to the cart, the price for each product and to add and / or remove products. To purchase the products, the users will simply have to click "buy now", to demonstrate the consent to the conclusion of the purchase agreement.

Clicking on "buy now" the users make a binding order in relation to the objects in the virtual shopping cart.

The users must complete each step required, duly completing every field without omitting anything.

The charge of the expenditure will occur as a result of the acceptance of purchase by Popillo.

Confirmation of the purchase order

After accepting the order, the user will receive a confirmation of purchase by email. This confirmation provides a summary of the products ordered and their price, date and time of delivery and the general conditions applicable to the order itself.

Perishable products

In this market area are available perishable products. These products are closely monitored, and specific regulations are applied on them.

Transport

The products purchased on the website under "Lucca Market" will be delivered on the day and in the time period indicated, to the address specified by the customer. This information will be requested during the purchase confirmation.

All purchases will be delivered from Monday to Friday, at the following times: (morning 9: 30-14: 30 - afternoon 14: 30-21: 30) and on Saturday morning (9: 30-13: 30).

Popillo is an active delivery system only in some specific zip code area.

Delivery is made within 2-3 working days.

SERVICE ITALY

If the registered users decide to use the Italian service, they will be subject to the specific regulations provided for in this Article.

Conclusion of purchase contract

The products available on the site, or in the section menu "products", will be available for deliveries in Italy.

After the users have finished shopping and choosing the desired products, to continue, they must click on the "Cart" in the upper right, as well as to view the products added to the cart, the price for each product, to add and / or remove products, to display the total cost of the goods and to purchase products by clicking on "buy now", to give consent to the conclusion of the purchase agreement.

Clicking on "buy now" the users make a binding order in relation to the objects in the virtual shopping cart.

Afterwards, the users will have to enter the data of his profile (if they are already registered), if not they will have to register in order to complete the spending.

The users will be required to fill out any form requested, without skipping any steps. They will have to provide, therefore, shipping data, viewing the shipping costs (and / or any other additional costs), accepting the terms of delivery and by paying their purchase.

The users must complete each step, without leaving any information.

The charge of the expenditure will occur as a result of the acceptance of purchase by Popillo.

The customers will have to painstakingly enter all data in order to calculate their delivery expense and availability of shipments. If there are any additional costs, they will be visible in the cart.

Confirmation of the purchase order

Once the order has been accepted, the user will receive a confirmation of purchase by email. This confirmation provides a summary of the products ordered and their price, date and time of delivery end and the general conditions applicable to the order itself.

Transport and packaging

Once shipped the products, the user will receive a confirmation email which will include a link to refer to the traceability of the consignment.

In Italy delivery is made within 3-4 working days by an appointed express courier. Therefore, Popillo will be not responsible for delays in delivery or damage to the products once it delivers the goods to the courier, who will be solely responsible for the delivery.

We do not deliver in the following cities and counties: San Marino, Vatican City, Lake of Lugano.

For glass bottles (wine, oil, etc.) we have a specific packaging which can be requested at the time of purchase, with a small charge. In case of no request, the glass bottles will be packed with generic packaging, suitable to preserve integrity and quality of the product.

SERVICE EUROPEAN UNION

The customer must fill in all the data to calculate the availability and timing in shipping or any additional costs.

If the registered users decide to use the service “European Union”, they will be subject to the rules specified in this article.

Purchase of Products

The products available on the website can be purchased online from all the EU Member States since July 1, 2013.

After the users have finished shopping and choosing the desired products, to continue, they must click on "shopping cart" in the upper right corner, to display the products added to the cart, the price for each product, add and / or remove products, display the total cost of the goods and the purchase of products by clicking on "buy now", suitable to give consent to the conclusion of the purchase agreement.

Clicking on "buy now" the users make a binding order in relation to the objects in the virtual shopping cart.

Afterwards, the users will have to enter the data of their profile, if they already registered, or they will have to register in order to complete the spending.

The users will be required to fill out any form requested, without skipping any steps. They will have to provide, therefore, the shipping data, viewing the shipping costs (and / or any other additional costs), accepting the terms of delivery and by paying their purchase.

The users must complete each step, without leaving any information.

The charge of the expenditure will occur as a result of the acceptance of purchase by Popillo.

The customer will have to painstakingly enter all data in order to calculate its delivery expense and availability of shipments. If there will be any additional costs, they will be visible in the cart.

Confirmation of the purchase order

After accepting the order, the user will receive a confirmation of purchase by email. This confirmation provides a summary of the products ordered and their price, date and time of delivery and the general conditions applicable to the order itself.

Transport

Once the products have been shipped, the users will receive a confirmation email which will include a link to refer to the traceability of the consignment.

Delivery is made within 4-5 working days by an express courier specially appointed. Therefore, Popillo will not be responsible for delays in delivery or damage to the products, once it delivers the goods to the courier, who will be solely responsible for the delivery.

Packaging

For glass bottles (wine, oil, etc.) we have a specific packaging that can be selected at the time of purchase, with a small charge. In case of no specific packaging request, the glass bottles will be packed with generic packaging, suitable to preserve integrity and quality of the product.

Waste disposal

Popillo respects the enviroment providing the opportunity to its users to make a proper waste disposal.

 

CUSTOMS

Product prices include any taxes, duties and taxes applicable in the country of destination of the products and / or services. These costs, charged to the customer, will appear at the time of purchase, under the heading: shipping charges.

Any additional cost of customs clearance will be charged to the customer.

Popillo is committed to minimize the shipping cost for the purchased products.

We remind our users that, every time they make an order on the website, they are considered as "importer" from the country of residence.

We also remind that both the customs policy and the legislation, vary considerably from country to country.

The Customs carries out random checks on goods, that is why cross-border deliveries are subject to opening and inspection of goods by the customs authorities. Popillo is not responsible for any damage by the customs authorities at the time of control, however we are available to find an amicable settlement with the customer.

The appointed couriers may communicate information concerning the products contained in the shipment to local customs offices in order to facilitate customs clearance, in accordance with the regulations of the destination country.

PRODUCTS

All the products and services on the website, with their prices, constitute an offer to the public with the limitations and procedures contained in the website itself.

In order to ensure maximum freshness linked to the seasonality of products, the customer accepts that occasionally, all the goods designated in the order cannot be delivered. In this case, Popillo will refund promptly the amount related to the products ordered and not delivered. In case of unavailability of the product ordered, the user will be promptly informed via e-mail and the purchase order will be canceled. If the payment has already been executed, Popillo will refund the amount paid by the user, within the period of thirty days from the day after the order.

INFORMATION ON PRODUCTS

The layout of the website is purely illustrative and it has a representative function of the product. Popillo assumes no liability and makes no reference guarantee between the graphics of the products published on the website and the products delivered. The user is required to consider only the product that receives on delivery.

 

VARIABLE WEIGHT PRODUCTS

The variable weight products (eg vegetables, fruit, meat, fish, delicatessen products and cheese) are proposed on the site in guaranteed minimum weights and measures.

PRODUCTS FOR PACKAGING

In case of multiple products, placed in baskets or boxes, Popillo will apply the price calculated for the commission.

PRICES

All product prices are including taxes and fees.

The cost of delivery is not included in the product price, unless it is expressly indicated.

All prices are in euro.

ACCEPTANCE OF ORDERS

To complete the order and to be accepted by the website system, the customers must fill in all the required data.

Once completed the transaction and the confirmation of the order, the customers will receive the order confirmation via email and they will display it in their profile, with a summary of all the data (product, price, delivery date).

This confirmation message will contain date and time of the order and an "Order Number" to be used in any further communication with Popillo.

DELIVERIES

Popillo manages and organizes the transport of the products to the address specified by the customer by means of selected professional transport.

Purchases will not be delivered during holidays and public holidays.

The service is not guaranteed for residences accessible only by dirt or exclusively pedestrian streets.

The goods will be delivered on the roadside, in front of the main door.

For reasons of organization and efficiency of the services, the expense cannot be verified or controlled by the customer upon delivery.

For any fault found by the clients, the customer can contact the customer service in the section "CONTACT US" or writing to info@popillo.com specifying the anomaly and providing documentary evidence of it with photographic material.

Popillo is not liable for any delays occurred during transport.

Popillo cannot be held liable for any loss, damage, instances of incorrect or non-delivery caused by force majeure, such as, for example but not limited to: adverse natural disasters, strikes any (of their own or other employees), accidents, explosions, or any other similar cause. Moreover, Popillo is not liable for unforeseen delays.

It is up to the recipient to check the condition of the delivered product. In case of damaged/broken/altered/tampered packaging, the user is encouraged to accept the parcel with the following condition: “accepted subject to checking/verification”.

In case of damaged good, the user must contact the Customer Service Popillo by e-mail at info@popillo.com, in the website section "Contacts". In the communication it will be necessary to list all the damaged products and, where possible, attach a photo of them.

The courier will not deliver alcoholic products to people under 18 and may require an ID to verify their age.

PAYMENTS

Customers can pay for their order by credit card or paypal.
Payment methods accepted:

CREDIT CARD:

visa / visa electron,
MasterCard,
American Express.

PAYPAL

Popillo cannot be held responsible for any fraudulent use of credit cards by third parties, upon payment for products purchased on the site.
Payments will be processed through a server-to-server connection by using the SSL protocol (Secure Sockets Layer) with 256-bit encryption.

INVOICE

Invoices are provided in electronic format.
These documents will be available in PDF format in the section My account.
For each order Popillo make an invoice for shipped product which will be transmitted via email to the customer. The data provided by the customers when they order will be included in the invoice, provided that no change will be possible following the issuance of the invoice.

If the purchase is made by a professional, the latter will have to select the appropriate box and data necessary during the purchase process, including social security number and / or VAT.
Customers are responsible for the correct entry of invoice data and they are expressly informed that, in case of failure to request the invoice at the moment of the order or registration, they cannot subsequently request it.

RIGHT OF WITHDRAWAL

Under Article. 59, paragraph 1 of Legislative Decree no. 6 September 2005, n. 206 (Consumer Code), the right of withdrawal is excluded in relation to:
Supply of goods made to the consumer’s specifications or clearly personalized;
Supply of goods which are liable to deteriorate or expire rapidly;
Supply of sealed goods which are not suitable to be returned for hygienic reasons or related to health protection and that were unsealed after delivery;
Supply of alcoholic beverages for which the price has been agreed upon conclusion of the sales contract, which delivery can only take place after thirty days and that the actual value is dependent on fluctuations in the market which can not be controlled by the trader.
For all other products still offered and sold by Popillo it applies the right of withdrawal in accordance with the provisions of the Decree. n. 206/2005.

In particular, the consumers are entitled to cancel the contract without giving any reason within 14 days from the day that acquires physical possession of the goods purchased, or the day on which they receive the last good.
The consumer may exercise the right of withdrawal by informing Popillo at its headquarters in Lucca, Via delle Pierone 186, 55100- Italy, also by mail to info@popillo.com, communicating the decision to withdraw by an unequivocal statement or using the withdrawal form on the website http://www.popillo.com/contattaci.
To comply with the withdrawal period is sufficient to send the notification referred to in the preceding paragraph, prior to the expiration of the withdrawal period.
For hygienic reasons and protection of the consumer, the right of withdrawal applies only to products purchased on the website that can be returned to Popillo, undamaged and with the warranty seal, and put back on the market without endangering the health of consumers. Moreover, the right of withdrawal applies to product purchased in its entirety; therefore, if the product is composed of more components or parts it cannot be exercised only on the purchased product.
The user who wishes to return the products, receding the purchase, will have to return the products in the same package in which they received them, and will have to wait to be contacted by Popillo to arrange redelivery.
If the request for withdrawal is carried out according to the arrangements, Popillo will refund within 14 days from the date of notice of withdrawal.
Refund will be made using the same payment method used by the customer who will be compensated both in product and shipping costs.
The users will be required to send, using a carrier of their choice and at their own expense, within 14 working days what follows: the receipt of the goods, products purchased, properly packed in their original packaging, complete with all accessories.
Please, ship the products exclusively to our logistics service with the following indication:
Popillo - Via delle Pierone 186, 55100 Lucca (LU) - Italy.
For any information please contact: info@popillo.com, the customer service will manage to collect the goods in case of request.

FREE RETURN

Popillo is responsible for the return of the shipping costs products in case of withdrawal. Once r the cancellation of purchase has been requested, the user will have to inform Popillo and wait for instructions.

OBLIGATIONS

The customer agrees to not use the site, and the related services for illegal purposes or not mentioned in the terms and conditions. In particular, the user must refrain from:

- Violate any law, statute, ordinance or regulation;

- Collect or store personal data about users without their consent;

- Publish or otherwise make available inappropriate, defamatory, infringing, obscene or otherwise illegal content;

- Send messages, email or otherwise transmit any other usolicited reminde forms or unauthorized advertising;

- Impersonate other users in such a way as to mislead, confuse or deceive;

- To use the service offered by Popillo for any unlawful purposes or for promotion of illegal activities or products.

Despite the behaviors mentioned above by way of example that are prohibited, Popillo does not actively verify the content published by each individual user and will not be responsible for the content that make these public.

RESPONSIBILITY

Popillo warrants and undertakes to maintain the cold chain, respecting the quality standards relating to products (in particular in relation to foodstuffs).
Popillo’s responsability for products and their conservation status ends upon delivery, with implicit acceptance of the product by the consumer.
Popillo is in no way responsible for the information, data, and any technical inaccuracies or other nature that may be contained in the site.
Popillo does not take any responsibility on the information provided / acquired by individual producers or distributors.
Any disputes relating to the execution of the service might be raised, under penalty of forfeiture, within 48 (forty eight) hours to delivery info@popillo.com writing or via the "Contact us" documenting the protest even with photographic material.
If, because of failures or other problems, the price indicated in the site should be lower than the correct selling price of a product, we will contact the customers to check if they still want to buy the product at the correct price.

WARRANTY AND DEFECTS OF CONFORMITY

In case of lack of conformity of products sold by Popillo, customers must contact the customer service that is available on the website in the appropriate contact form.
All products sold on the site are covered by the Legal Compliance Warranty expected by artt.128-135 of the Consumer Code ("legal warranty"). The Legal Guarantee is for the consumers.
Conventional warranties for sold products are provided directly from the manufacturer.

PRIVACY POLICY

Popillo will process the personal data of users in accordance with regulations regarding privacy as defined in detail in the information on the processing of personal data, Privacy Policy, available on the Homepage section.

ELECTRONIC COMMUNICATIONS

Subject to the specific provisions of law, mandatory for the purposes of this contract, customers agree to receive communications from us electronically and recognize that all the notifications, information and other communications provided in electronic form fulfill the requirement of writing, when so required by law.

COMPLAINTS

For any claim customers can use the special contact form available on the "Contact" page.
Popillo is committed to respond to the complaint within a maximum of 7 working days, unless the broader term required by law or provided in these Conditions of Use.

LAW AND JURISDICTION

The sales contract between the user and Popillo is concluded in Italy and regulated by the Italian law. For any disputes concerning the interpretation, performance or resolution related to the Terms and Conditions or individual purchase orders: if the customer is a consumer under the Consumer Code, it will be competent, exclusively, the Court of his town of residence or domicile if located in Italian territory; in all other cases, the local jurisdiction is the Court of Lucca.

ERRORS AND LIMITATIONS OF LIABILITY

The information relating to the products in the website are constantly updated.
Popillo reserves the right to correct any errors, inaccuracies or omissions even after an order has been sent, or change or update information at any time without prior notice, always respecting the customers’ rights under these General Conditions and of the Consumer Code.
Except in cases of willful misconduct or gross negligence, it is excluded any right of the Customer for damages or to approve for a compensation, and any contract or tort liability for direct or indirect damages to people and / or things, caused by the rejection or avoidance, even partial, for an order.

OUT-OF-COURT SETTLEMENT

As specified in Article 14 of EU Regulation no. 524/2013, in order to prevent legal disputes, the registered user can make use of the conciliation procedure in an online mediation body proposed by Popillo or at a different mediation body (ODR) chosen by the user among those available on the network.

MORE DISPUTES AND ACCEPTANCE SPECIFICATION

Any disputes related to the use of the Website and its Services, unsuitable for a settlement through the Joint Settlement procedure referred to the paragraph shall be confined to the Italian and local jurisdiction, mandatory and exclusive jurisdiction of the Court identified by art. 29 of these general conditions of use.
Pursuant to and for the purposes of Articles. 1341-1342 cod. civ., the parties declare that they have read and understood, and therefore specifically approve the Articles: 3 (Age and protection of children); 5 (recording); 6 (profile deactivation); 8 (Lucca Market); 9 (Italian service); 10 (European Union Market service); 18 (payments); 20 (right of withdrawal); 23 (liability); 29 (Applicable Law and Jurisdiction).
With the release of their final consent to the recording, therefore, the Users fully and explicitly endorse, without reservation, these terms identified in the preceding paragraph.

Ultimo aggiornamento: novembre 2016.