1. Preamble

These General Terms of Sale (hereinafter, also referred to as “General Terms”) regulate the remote sale of food products made by third parties (hereinafter also “Products”) through the website www.kelpeat.it (hereinafter, the “Site”) and the related payment and delivery of these products, in accordance with Italian law as outlined in Legislative Decree 206/2005 and subsequent amendments (hereinafter, “Consumer Code”).

The seller of the Products and owner of the Site is Kelpeat S.r.l.s. (hereinafter also “Seller”) based in Savigliano (CN), via Stefano Talice n. 16, Tax Code/VAT Number 04054230042, REA: CN – 332887 – PEC: kelpeat.srls@pec.it.

The individual who accesses the Site to make purchases (hereinafter “Customer” and/or “User”) is required to carefully read these General Terms, which constitute a binding contractual document, before confirming their order.

To order the Products, the necessary personal, contact (e.g., first name, last name, phone number, email address), shipping, and, if applicable, billing details must be entered into the appropriate fields in the designated area of the Site. Only individuals of legal age, capable of acting, and residing or domiciled in Italy or other countries where Kelpeat S.r.l.s. offers Product delivery are eligible to make purchases. For individuals under 18 years of age, the order must be placed by a parent or legal guardian.

In case an account is created on the Site, it is strongly advised that the User creates a secure password, updates it regularly, and refrains from sharing it with unauthorized individuals. If the password is lost or unauthorized use of the account is suspected, Kelpeat S.r.l.s. must be promptly informed via the certified email address provided above.

The characteristics, ingredients, manufacturer, and price of the various Products for sale on the Site are provided on the page for each Product.

To complete the purchase, the Customer, after entering the above information, must add the desired Product(s) to the cart, accept these General Terms and the privacy policy, select the preferred payment method, and confirm the order.

By confirming the order, which constitutes a contractual offer, the Customer acknowledges and declares that they have reviewed all the information provided during the purchase process and fully accept these General Terms and payment conditions, as well as the privacy policy.

The contract between Kelpeat S.r.l.s. and the Customer is considered concluded with the acceptance of the order by Kelpeat S.r.l.s., which will be communicated to the Customer via an order confirmation email containing these General Terms again for review, along with the order number, shipping and billing details, a list of ordered Products with their essential features, the total price including delivery charges, and the selected payment method. The Customer is required to carefully check the confirmation email and, if any errors are found in the order, must contact Customer Service within three hours by using the contact form in the Customer Service section of the Site. After this period, the order will be processed, and modifications will no longer be accepted. Changes to the cart content alone will not be accepted under any circumstances.

Upon receiving the order, Kelpeat S.r.l.s. reserves the right to verify the actual availability of the ordered products; if one or more Products are unavailable, the Seller will proceed with replacing the Product with a similar one after notifying the Customer. The Customer can then either accept the replacement or remove the unavailable Product from the order.

In case one or more Products are unavailable, Kelpeat S.r.l.s. will not charge the Customer for the missing item(s).

Kelpeat S.r.l.s. reserves the right to amend these General Terms for organizational reasons, to adapt to any deemed appropriate business model evolution, or whenever necessary to ensure the proper and efficient provision of services. Therefore, Users must review the current General Terms before each new order.

When placing new orders, the updated General Terms will be considered accepted.

If the User making purchases on the Site does not qualify as a “consumer,” as defined in Article 3, Paragraph 1, Letter a) of the Consumer Code, the withdrawal provisions in Articles 7 and 8 of these General Terms, as well as any other provisions applicable exclusively to “consumers” under the same Consumer Code, will not apply.

2 . Product Information

Product information and features are available on the Site.

Images and illustrations of Products on the Site, when available, are solely for presentation purposes and may not perfectly represent their characteristics and quality, potentially differing in graphics, color, and size.

It is also understood that the delivered Product information may differ from that on the Site for reasons beyond Kelpeat S.r.l.s.’s control (e.g., changes made by the Producer or Supplier), thus it is necessary to always check the label and information on the delivered Product. Kelpeat S.r.l.s. does not assume any responsibility for the information provided by individual manufacturers and/or suppliers.

In the event of any discrepancy between the image and the written Product description, the Product description shall prevail.

Product prices are expressed in euros and include all applicable taxes and charges.

3. Product Delivery

Kelpeat S.r.l.s. delivers only in Italy and to the address specified in the purchase order. The Customer will receive an email confirmation upon shipment.

The User is responsible for the accuracy of the delivery address provided in the order confirmation. Changes to the delivery address will be accepted only if communicated to Kelpeat S.r.l.s. within the following deadlines: for delivery scheduled on Saturday, Sunday, or Monday, the modification must be communicated by 11:59 p.m. on the preceding Wednesday. For Tuesday deliveries, the modification must be communicated by 11:59 p.m. on the preceding Thursday. For Wednesday or Thursday deliveries, the modification must be communicated by 11:59 p.m. on the preceding Sunday.

The User is responsible for ensuring that delivery can be made on the specified day and time. An order is considered delivered when personally received by the User or an authorized individual in the ordering process. The carrier may request proof of identity and/or order confirmation and may refuse delivery if such documentation is not presented.

If delivery cannot be made as indicated above, Kelpeat S.r.l.s. will be deemed to have fulfilled its delivery obligation by delivering the order to a nearby residence or business or by depositing the order in a location specified by the User at the delivery address accessible to the carrier (e.g., next to or outside the front door, in the mailbox). Kelpeat S.r.l.s. is not responsible for the suitability of the specified delivery locations.

In such cases, the risk of loss and/or damage to the order transfers to the User upon delivery and/or deposit.

If delivery cannot be made in any of the options mentioned above, Kelpeat S.r.l.s. will reschedule an additional delivery attempt, charging the Customer for the cost.

Kelpeat S.r.l.s. has the right to cancel a delivery if the order confirmation specifies a non-existent or incorrect address or in case of force majeure events such as natural disasters, war, political unrest, strikes, lockouts, fires, or other circumstances beyond Kelpeat S.r.l.s.’s control.

4. Payment Methods and Billing

4.1. Metodi di pagamento

The Customer may pay for the Products and related delivery charges by credit card, bank transfer, Revolut, PayPal, G-Pay, and/or Apple Pay.

To ensure maximum transaction security, Kelpeat S.r.l.s. does not store the Customer’s payment information, and the transaction takes place on secure servers. The bank uses the SSL protocol to encrypt the data transmitted between its server and the Customer’s browser.

5. Refunds

If entitled to a refund, the amount paid will be refunded using the same payment method used by the Customer for the order within ten business days of Kelpeat S.r.l.s.’s acceptance of the refund.

For bank transfers, the Customer must provide the bank account details for the refund (account holder, bank name and address, IBAN). In such cases, the refund will be issued within ten business days of receiving all the necessary information for the payment.

The refund to the Customer’s account will follow the timelines specified by the selected payment method or the bank.

6. Order Billing

If the Customer wishes, it is possible to request an invoice by selecting the appropriate checkbox during the ordering process and entering the billing details, including tax code and/or VAT number, any company name, and SDI Recipient Code. In such cases, the invoice will automatically be sent to the Customer’s tax folder, as required by law. The Customer is responsible for correctly entering the billing details and is explicitly informed that, if the invoice is not requested at the time of order, it will not be possible to request it later.

If the User is a VAT holder and requests an invoice for Product purchase, they forfeit their status as a “consumer,” as defined in Article 3, Paragraph 1, Letter a) of the Consumer Code. Therefore, the withdrawal provisions in Articles 7 and 8 of these General Terms, as well as any other provisions applicable exclusively to “consumers” under the same Consumer Code, will not apply.

7. Right of Withdrawal

The Customer has the right to withdraw from the purchase contract for any reason, without having to provide an explanation or incur penalties, except in cases of exclusion under point IV below. To exercise this right, the Customer must send a notification to Kelpeat S.r.l.s. within 14 days from the Product receipt date using the form downloadable here (withdrawal form) or, if intending to exercise the withdrawal before receiving the Products, a withdrawal notification may be sent at any time before receipt.

This notification must be sent by registered letter and/or PEC to:

Kelpeat S.r.l.s. – Savigliano (CN), via Stefano Talice n. 16

PEC: kelpeat.srls@pec.it

Kelpeat S.r.l.s. will, upon receiving the notification, open a return process and inform the Customer of the instructions for returning the Products, which will be done through a carrier designated by the Seller.

The right of withdrawal is subject to the following conditions:

I. It applies to the purchased Product in its entirety; therefore, if the Product is composed of multiple parts, it is not possible to exercise withdrawal on only a portion of the purchased Product.

II. In case of exercising the right of withdrawal, Kelpeat S.r.l.s. will refund the Customer the full amount of the returned goods, including shipping costs where applicable, within 14 days from the date on which the Product is returned to Kelpeat S.r.l.s. The refund will be processed as outlined in Article 5 of these General Terms.

III. To guarantee free return shipping under Article 8, Products must be returned in the same packaging in which they were received and must be intact; otherwise, the Customer will forfeit the right to a refund.

IV. In addition to the cases indicated in Article 1 of these General Terms of Sale (non-consumer customer), the right of withdrawal is excluded in the following cases, as per Article 59 of Legislative Decree 21/2014:

– orders for Products made to measure or clearly personalized;

– orders for Products that are liable to deteriorate or expire rapidly;

– orders for sealed Products that are not suitable for return for health protection or hygiene reasons and that were opened after delivery.

Regarding the above-listed cases of withdrawal exclusion, the Customer is specifically informed and agrees that this applies to food Products since the characteristics and qualities of these types of Products are subject to alteration due to improper storage. Therefore, for hygienic and consumer protection reasons, the right of withdrawal only applies to Products purchased on the Site that can be returned to Kelpeat S.r.l.s. and resold without endangering consumer health.

In cases where the right of withdrawal is excluded, Kelpeat S.r.l.s. will return the Products to the Customer, charging the shipping costs, or dispose of them if necessary.

8. Free Returns in Case of Withdrawal

In case of exercising the right of withdrawal, Kelpeat S.r.l.s. covers the return shipping costs entirely.

To benefit from free shipping, the Customer wishing to exercise the right of withdrawal must follow the procedure indicated in Article 7 above and wait to be contacted by Kelpeat S.r.l.s. to arrange the return of the Products with the carrier.

9. Warranty and Non-Compliance

In the event of Product non-compliance, the Customer must immediately contact Kelpeat S.r.l.s. via the designated contact form available on the Site through the link “Customer Assistance” (https://kelpeat.com/contatti/). The sale of Products is covered by the legal warranties provided in Articles 129, 130, and 132 of the Consumer Code. The Customer is entitled, at their choice and provided the Product type permits, to the restoration of Product compliance at no cost through repair, if possible, or replacement, or an adequate price reduction or contract termination.

The Customer loses these rights if they fail to notify Kelpeat S.r.l.s. of the non-compliance within eight days from the date of discovery, unless the Product is perishable or expires within a shorter period, in which case the defect must be reported within that reduced period.

The legal warranty covers all Products with a non-compliance defect existing at the time of delivery and manifesting within two months from the purchase date.

Kelpeat S.r.l.s. will review each complaint within a reasonable time. If the reported defect is verified, Kelpeat S.r.l.s. may remedy it or deliver a new product within a reasonable time, provided that this does not entail unreasonable costs for Kelpeat S.r.l.s. In this case, Kelpeat S.r.l.s. will refund the value of the non-compliant Product.

Any complaints must be sent to Kelpeat S.r.l.s. using the contact form available on the Site via the following link (https://kelpeat.com/contatti/) or by registered letter with acknowledgment of receipt and/or PEC to the following address:

Kelpeat S.r.l.s. – Savigliano (CN), via Stefano Talice n. 16

PEC: kelpeat.srls@pec.it

10. Errors and Limitation of Liability

The Product information provided through the Site is continuously updated. However, complete error-free information cannot be guaranteed, and therefore Kelpeat S.r.l.s. cannot be held responsible for any errors, except in cases of willful misconduct or gross negligence.

Kelpeat S.r.l.s. reserves the right to correct any errors, inaccuracies, or omissions even after an order has been placed, or to change or update information at any time without prior notice, without prejudice to the Customer’s rights under these General Terms and the Consumer Code.

Except in cases of willful misconduct or gross negligence, any Customer right to compensation for damages or indemnity is excluded, as is any contractual or extra-contractual liability for direct or indirect damages to people and/or property caused by the partial or total non-acceptance or fulfillment of an order.

11. Jurisdiction

For disputes concerning the interpretation, execution, or termination of these General Terms or individual purchase orders, if the Customer is a consumer according to the Consumer Code, the exclusive jurisdiction is the court of the Customer’s place of residence or domicile in Italy. In all other cases, the court of exclusive jurisdiction is that of Turin, with any other competent court being excluded.

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Pursuant to Article 1341 of the Italian Civil Code, the Customer declares to have read and expressly accept the following articles of these General Terms: 6 (responsibility for delivery delays), 7 (withdrawal), 8 (free returns in case of withdrawal), 9 (warranties and non-compliance), 10 (errors – liability exclusions), and 11 (jurisdiction).