Ristosano home - foods and services for dysphagia.

General terms and conditions of sale.

  1. Subject

1.1. These general terms and conditions of sale (hereinafter also referred to as the "Terms") apply to the purchase ofRISTOSANO HOMEbrand products (hereinafter referred to as "Products" or, in the singular, "Product") made through the e-commerce website (hereinafter referred to as the "Website") by users who qualify as "Consumers" within the meaning of Article 1.2 below. The Site is owned by General Beverage S.r.l., with registered office in Milan, Galleria del Corso, no. 1, tax code, VAT number, and registration number in the Milan Monza Brianza and Lodi Register of Companies no. 00645690454 (hereinafter referred to as the "Owner").

1.2. Purchases of Products made through the Website will involve IO SANO as the seller (hereinafter the "Seller") and the person purchasing one or more Products for purposes not related to their business, commercial, craft, or professional activities as the buyer (hereinafter the "Consumer"). (the Seller and the Consumer will hereinafter be collectively referred to as the "Parties").

1.3. 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 email address info@ristosanohome.com.

1.5. Each purchase is governed by the general terms and conditions of sale in the version published on the Website at the time the order is placed by the Consumer.

1.6. The Website is dedicated to retail sales and, as such, is intended for the exclusive use of Consumers. Persons who are not Consumers are requested not to place purchase orders. If one or more sales are made to a person who does not qualify as a Consumer, these Terms and Conditions shall apply but, notwithstanding the provisions thereof:

– the purchaser shall not be entitled to the right of withdrawal referred to in Article 10;

– the purchaser will not be entitled to the warranty on the Products referred to in Article 8;

– the purchaser shall not be entitled to any other protections provided herein in favor of the Consumer, which reflect or comply with mandatory provisions of law;

– The sales contract concluded between the Seller and the buyer shall be governed by Italian law.

1.7. When submitting the purchase order, the Consumer agrees that confirmation of the information relating to the order placed and these Terms and Conditions will be sent by email to the address provided by the Consumer when registering on the Website or during the purchase process.

1.8. In order to make purchases through the Website, the Consumer must be of legal age (18 years) and have the capacity to act, which the Consumer declares to possess.

1.9. Any costs for connecting to the Website via the Internet, including telephone costs, shall be borne exclusively by the Consumer, according to the rates applied by the operator selected by the Consumer.

  1. Product features and availability in different geographical areas

2.1. The Products are sold with the characteristics described on the Website and in accordance with the Terms and Conditions published on the Website at the time the Consumer places the order, excluding any other terms or conditions.

2.2. The Seller reserves the right to modify these Terms and Conditions at any time, at its discretion, without the need to provide any notice to users of the Website. Any changes made will be effective from the date of publication on the Website and will apply only to sales concluded from that date onwards.

2.3. Prices, Products for sale on the Website, and/or their characteristics may be subject to change without notice. Such changes shall only apply to orders that have not yet been confirmed on the date of the change. In any case, before sending the purchase order in accordance with point 3 below, the Consumer is invited to check the final sale price.

2.4 The Website can be accessed from anywhere in the world. However, the Products available on the Website can only be purchased by users who request delivery to one of the countries listed on the Website.

  1. How to purchase Products – Finalization of each individual purchase contract

3.1. The presentation of the Products on the Website, which is not binding for the Seller, represents a mere invitation to the Consumer to make a contractual purchase proposal and not an offer to the public.

3.2. The purchase order sent by the Consumer to the Seller via the Website constitutes a contractual proposal and is governed by these Terms and Conditions, which form an integral part of the order itself and which the Consumer, by sending the order to the Seller, is required to accept in full and without reservation. Before proceeding with the purchase of the Products by sending the purchase order, the Consumer will be asked to carefully read these Terms and Conditions and the information on the right of withdrawal, to print a copy using the print command, and to save or reproduce a copy for their personal use. In addition, the Consumer will be asked to identify and correct any errors in the entry of their data.

3.3. The Consumer's purchase order is accepted by the Seller by sending the Consumer, to the email address provided to the Seller at the time of registration on the Website or when placing the order if the Consumer is not registered on the Website, an email confirming the order, which will include a link to the text of these Terms and Conditions, a summary of the order placed, including detailed information on the price, shipping costs, and applicable taxes, and a description of the characteristics of the Product ordered. The Consumer's order, the Seller's order confirmation, and the Terms and Conditions applicable to the relationship between the Parties will be stored electronically by the Seller in its computer systems, and the Consumer may request a copy by sending an email to the Seller at info@ristosanohome.com.

3.4. Each contract for the purchase of Products is considered concluded when the Consumer receives the order confirmation from the Seller via email.

  1. Product selection and purchase procedure – Ordering unavailable products (Pre-order)

4.1. The Products presented on the Website may be purchased by selecting the Products of interest to the Consumer and adding them to the virtual shopping cart. Once the selection of Products has been completed, in order to purchase the Products placed in the shopping cart, the Consumer will be asked to (i) register on the Website, providing the required data, or (ii) log in, if the Consumer is already registered, or (iii) provide their data in order to complete the order and allow the contract to be finalized. If the information provided in the order differs from that provided during registration on the Website, the Consumer will be asked to confirm their information (including, but not limited to: first name, last name, etc.), as well as the address where the selected Products are to be delivered, the billing address, and, optionally, a telephone number where they can be contacted for any communications relating to the purchase made. The Consumer will see a summary of the order to be placed, the contents of which can be modified: then, after carefully reading them, the Consumer must expressly approve these Terms and Conditions by ticking the appropriate checkbox on the Website and finally, by clicking on the "Place order" button, the Consumer will be asked to confirm their order, which will then be definitively sent to the Seller and will produce the effects described in paragraph 3.2 above of this contract. The Consumer will also be asked to choose the shipping method and payment method from those available. If the Consumer decides to pay immediately (at the time of purchase) via Nexi, PayPal, or immediate bank transfer, they will be required to provide the relevant data via a secure connection. For accounting and administrative purposes, the Seller reserves the right to verify the details provided by the Consumer. If payment is made by credit card, the purchase amount will only be charged when the Seller sends the order confirmation to the Consumer.

4.2. If, during the product selection process on the Website referred to in point 4.1 above, the Consumer notices that the price of one or more of the Products they intend to select for subsequent purchase is clearly lower than the price normally applied, net of any discounts and/or promotions in effect at that time, due to an obvious technical problem on the Website, they are asked not to complete their purchase order and to report the aforementioned technical error to the Seller's Customer Service by sending an email to info@ristosanohome.com.

4.3. With reference to certain Products presented on the Website, where expressly indicated in the relevant information sheet, the Consumer will only be able to pre-order them, as they are not available before the date indicated on the Website, which may be more than 90 (ninety) days from the date of execution of the relevant order. If the Consumer still intends to purchase the Product that is not yet available by placing a pre-order, they can select the Product and add it to their shopping cart, continuing the order completion process in the same manner indicated in paragraph 4.1 above and authorizing full payment for their order, including the price of the Product that is not available. It is understood that until the date of delivery of the pre-ordered Product, the Consumer may notify the Seller of their withdrawal in relation to the pre-ordered Product not yet received by the Consumer, following the procedure set out in Article 10 below, in which case the Seller will refund the Consumer for the amounts paid by the latter; the procedure set out in Article 10 shall remain unchanged from the date of delivery of the pre-ordered Product. If the actual unavailability of the Product exceeds the period indicated in the relevant information sheet on the Website, the Seller shall notify the Consumer in writing and, if requested by the latter, shall refund the sums already paid by the Consumer for the Product. By selecting and purchasing a Product on "pre-order," indicated on the Website as "unavailable," the Consumer acknowledges and expressly accepts that (i) the Product is not currently available and will only be delivered when it becomes available at the Seller's warehouse, (ii) any terms indicated on the Website regarding the subsequent availability of the Product are purely indicative and not binding on the Seller. For orders that include a pre-order Product, the Consumer may only select the following payment methods: Nexi, PayPal, and bank transfer.

  1. Delivery of goods and acceptance

5.1. The Website indicates the availability of Products and their delivery times; however, this information is to be considered purely indicative and not binding for the Seller.

5.2 The Seller undertakes to do everything in its power to comply with the delivery times indicated on the Website and, in any case, to deliver within a maximum of 90 (ninety) days from the day following that on which the Consumer placed the order, except for Products expressly indicated on the Website, in the relevant product description, as "unavailable" or "pre-order," for which reference should be made to the provisions of paragraph 4.3 above and for which it is specified that the aforementioned terms shall start exclusively from the moment of their actual availability at the Seller's warehouse. In the event of failure by the Seller to execute the order due to the unavailability, even temporary, of the Product, the Seller shall provide written notification to the Consumer and shall refund any sums already paid by the Consumer for the payment of the Product in accordance with paragraph 5.3 below. If the Consumer has chosen bank transfer as the payment method, the delivery period shall start from the receipt of the payment by the Seller.

5.3. The shipment of Products ordered by the Consumer will be made in the manner selected by the Consumer from among those available and indicated on the Website at the time the order is placed. The Consumer undertakes to check promptly and as soon as possible that the delivery includes all and only the Products purchased and to promptly inform the Seller of any defects in the Products received or their non-conformity with the order placed, in accordance with the procedure set out in Article 8 of these Terms and Conditions. Failure to do so will result in the Products being deemed accepted. If the packaging or wrapping of the Products ordered by the Consumer arrives at its destination clearly damaged, the Consumer is invited to refuse delivery by the carrier/shipper or to accept delivery "with reservation."

  1. Prices, shipping costs, taxes, and fees

6.1. The price of the Products is that indicated on the Website at the time the Consumer places the order. Prices include standard packaging costs, VAT (where applicable), and any indirect taxes (where applicable), but do not include shipping costs, which are calculated before the order confirmation is sent by the Seller to the Consumer and which the Consumer undertakes to pay to the Seller in addition to the price indicated on the Website.

6.2. The Consumer shall pay the Seller the total price as stated in the order and in the order confirmation sent by email by the Seller to the Consumer.

6.3. If the Products are to be delivered to a country outside the European Union, the total price indicated in the order and confirmed in the order confirmation, including indirect taxes (if applicable), is net of any customs duties and any other sales taxes, which the Consumer hereby undertakes to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the provisions of the law of the country where the Products will be delivered. The Consumer is invited to inquire with the competent authorities of their country of residence or destination of the Products in order to obtain information on any duties or taxes applied in their country of residence or destination of the Products.

6.4. Any additional costs, charges, taxes, and/or duties that a given country may apply, for any reason, to the Products ordered under these Terms and Conditions shall be borne exclusively by the Consumer.

6.5. The Consumer declares that lack of knowledge of the costs, charges, duties, taxes, and/or levies referred to in paragraphs 6.3. and 6.4. above at the time of placing an order with the Seller shall not constitute grounds for termination of this contract and that he/she shall not in any way charge the aforementioned costs to the Seller.

  1. Payments

7.1. Payment for Products purchased through the Website must be made within 10 (ten) days from the date of transmission of the order confirmation from the Seller to the Consumer. 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 bank account.

7.2. Payment may be made by Nexi credit card, PayPal, bank transfer, and cash on delivery under the conditions described below. The Seller may allow additional payment methods, indicating them in the payments section of the Website.

7.3. If payment is made by credit card, the Consumer will be transferred to a secure site and the credit card details will be communicated directly to NEXI or PAYPAL, the operator that handles payments on behalf of the Seller. The data transmitted will be sent in a secure manner, using 128-bit SSL (Secure Socket Layer) encrypted data transfer. This data is not accessible even to the Seller.

7.4. If payment is made by bank transfer to the Seller, the Consumer must indicate the "Swift" and "IBAN" codes shown in the order confirmation, as well as the order number.

7.5. The Seller shall promptly send the Consumer, where required by applicable law, the tax receipt relating to the purchase made, in electronic format by email to the address provided by the Consumer, if the Products purchased are to be delivered within Italy, or attached in paper format to the Products purchased, in all other cases.

  1. Seller's legal guarantee of conformity, reporting of conformity defects, and warranty repairs

8.1. Pursuant to and for the purposes of European Directive 771/2019/EC and Italian Legislative Decree No. 206/2005 (hereinafter the "Consumer Code"), the Seller guarantees to the Consumer that the Products will be free from design and material defects and will comply with the descriptions published on the Website for a period of 2 (two) years from the date of delivery of the Products to the Consumer. Any warranty shall not apply in the event of use or washing of the Product that does not comply with the Product's intended use and the instructions/warnings provided by the Seller and/or the Owner, or those contained in the relevant illustrative documentation. The Seller also guarantees that the goods are of the quantity, quality, durability, functionality, compatibility, and safety normally found in goods of the same type.

8.2. The Consumer may report any defects and non-conformities by sending an email to the Seller's Customer Service at info@ristosanohome.com, indicating the defect and/or non-conformity found, as well as the relevant documentation indicated in the return form itself (at least one (1) photograph of the Product, the order confirmation sent by the Seller and/or the tax receipt). The action to assert defects not maliciously concealed by the Seller shall in any case be time-barred within twenty-six months of delivery of the Products to the Consumer.

8.3. Upon receipt of the form and related documentation, the Seller will assess the defects and non-conformities reported by the Consumer and, after carrying out quality checks to verify the actual non-conformity of the Product, will decide whether to authorize the return of the Products by providing the Consumer with a response containing the "Return Code," by email to the address provided by the latter during the registration process on the Website or when placing the order. Authorization to return the Products shall in no way constitute recognition of defects or non-conformities, the existence of which must be ascertained after the return. Products for which the Seller has authorized the return must be returned by the Consumer, together with a copy of the return authorization notice bearing the "Return Code," within 30 (thirty) days of reporting the defect or non-conformity, to the following address: IO SANO c/o GENERAL BEVERAGE – Zona Industriale Novoleto, 54027 Pontremoli (MS)

8.4. In the event of defects or non-conformities, the Consumer shall be entitled to have the Product restored to conformity by the Seller, either by repair or replacement, or to alternative remedies in the cases expressly provided for by the Consumer Code.

If the Seller has undertaken to refund the Consumer the price paid, the refund will be made, where possible, using the same means of payment used by the Consumer when purchasing the Product or by bank transfer. It shall be the Consumer's responsibility to communicate to the Seller, again by email to info@ristosanohome.com, the bank details for the transfer in their favor and to ensure that the Seller is in a position to return the amount due.

  1. Liability for damage caused by defective products

9.1. With regard to any damage caused by defects in the Products, the provisions of the Consumer Code shall apply. The Seller, in its capacity as distributor of the Products through the Website, shall be released from any liability, without exception and/or exclusion, by indicating, at the request of the damaged Consumer, the identity and domicile of the relevant manufacturer.

  1. Right of withdrawal

10.1 Without prejudice to the exceptions set forth in Article 59 of the Consumer Code, the Consumer has the right to withdraw from any contract concluded under these Terms and Conditions, without providing any reason and without penalty, within 14 (fourteen) days from when (i) the Product was delivered or (ii) in the case of the purchase of multiple Products delivered separately with a single order, the last product was delivered.

10.2 To exercise the right of withdrawal, the Consumer must, before the expiry of the period referred to in point 10.1 above, access the "My Returns" page from My Account or, if not registered on the site, by accessing the dedicated page and entering the order number and the email address used to make the purchase. Alternatively, the Consumer may send an explicit statement via the contact form or to the email address info@ristosanohome.com of their decision to withdraw using the attached withdrawal form.

10.3 Following the provisions of point 10.2 above, the Consumer will receive an email confirming the exercise of the right of withdrawal, containing, if they have already received the ordered product in the meantime, the return form to be included in the package, and instructions for returning the product, to be sent no later than 14 days thereafter to: IO SANO c/o GENERAL BEVERAGE – Zona Industriale Novoleto, 54027 Pontremoli (MS).

10.4 If the Consumer has received the product, he/she is required to return it to the above address without undue delay and, in any case, within 14 days from the day on which he/she communicated the withdrawal. The deadline is met if the Consumer returns the goods before the 14-day period expires. The risks and direct costs of returning the goods, as well as proof of this, shall be borne by the Consumer. If the Consumer exercises the right of withdrawal via the website, before confirming the withdrawal request, they will be informed of the cost of returning the goods, if they wish to use the return service offered by the website.

10.5 In the event of withdrawal, the Consumer will be reimbursed for the payments made, including delivery costs (with the exception of additional costs arising from the choice of a type of delivery other than the least expensive standard delivery offered), without undue delay and, in any case, no later than 14 days from the exercise of withdrawal. These refunds will be made using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests a refund using a different means of payment, in which case any additional costs arising from the different means of payment will be borne by the Consumer. The refund may be suspended until the goods are received or until the Consumer has demonstrated that he has returned the goods, whichever is earlier.

10.6 The Consumer is responsible for any decrease in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics, and functioning of the goods. Therefore, if the returned goods are damaged (e.g., opened boxes, opened product bags, significantly deformed outer packaging, etc.), incomplete with all their elements and accessories (including labels), the Consumer will be liable for the decrease in value of the goods and will be entitled to a refund of the amount equal to the residual value of the Product. To this end, the Consumer is therefore invited not to handle the goods beyond what is strictly necessary to establish their nature, characteristics, and functioning, and to cover the original packaging of the Products with other protective packaging that preserves their integrity and protects them during transport, including from writing or labels. Furthermore, in order for the refund to be recognized, the returned goods must contain all the cases and related sachets, except for the possibility of a maximum consumption of 3 sachets of product out of the total package.

  1. Intellectual property rights

11.1. The Consumer declares that they are aware that all trademarks, names, as well as any distinctive signs, denominations, images, photographs, written text, or graphics used on the Website or relating to the Products are and remain the exclusive property of IO SANO and/or its assignees, without the Consumer deriving any rights to them from accessing the Website and/or purchasing the Products.

11.2. The contents of the Website may not 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 IO SANO.

  1. Consumer Data and Privacy Protection

12.1. In order to proceed with registration, order submission, and therefore conclusion of the contract based on these Terms and Conditions, certain personal data is requested from the Consumer through the Website. The Consumer acknowledges that the personal data provided will be recorded and used by the Seller IO SANO in accordance with and in compliance with European Regulation EU 679/2016 and Italian Law D. No. 196/2003 in order to execute each purchase made through the Website and, subject to their consent, for any additional activities as indicated in the specific privacy policy provided to the Consumer through the Website at the time of registration.

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

12.3. The Consumer may at any time update and/or modify their personal data provided to the Seller through the specific section of the Website "My Account" accessible after authentication.

12.4. For any further information on how the Consumer's personal data is processed, please refer to the Privacy Policy section and read the General Terms and Conditions of Use carefully .

  1. Safety

13.1. Although the Seller takes measures to protect personal data against loss, falsification, manipulation, and misuse by third parties, due to the characteristics and technical limitations of protecting electronic communications via the Internet, the Seller cannot guarantee that the information or data displayed by the Consumer on the Website, even after the Consumer has logged in, will not be accessible or viewable by unauthorized third parties.

13.2. With regard to credit card payment data, the Seller uses the services of NEXI / PAYPAL, which employs technological systems designed to ensure the highest levels of reliability, security, protection, and confidentiality in the transmission of information via the web.

  1. Applicable law, conciliation attempt, and jurisdiction

14.1. Any sales contract concluded between the Seller and Consumers pursuant to these Terms and Conditions shall be governed by and interpreted in accordance with Italian law and, in particular, the Consumer Code, with specific reference to the regulations governing distance contracts and Legislative Decree No. 70 of April 9, 2003, on certain aspects of electronic commerce. In any case, any rights attributed to Consumers by mandatory provisions of law in force in their country shall remain unaffected.

14.2. In the event of disputes between the Seller and a Consumer, we hereby guarantee our participation in an attempt at amicable conciliation that each Consumer may bring before RisolviOnline, an independent and institutional service provided by the Arbitration Chamber of the Milan Chamber of Commerce, which allows a satisfactory agreement to be reached, with the help of a neutral and competent conciliator, in an amicable and secure manner on the internet.  For more information on the RisolviOnline regulations or to submit a request for conciliation, please visit www.risolvionline.com.

14.3. As an alternative to the conciliation attempt referred to in point 14.2 above, the Consumer also has the right to access the European Online Dispute Resolution platform (the European ODR Platform) for the resolution of any dispute between the Seller and the Consumer. The European ODR Platform is developed and managed by the European Commission, in accordance with Directive 2013/11/EU and EU Regulation No. 524/2013, in order to facilitate the independent, impartial, transparent, effective, rapid, and fair out-of-court resolution of disputes concerning contractual obligations arising from online sales or service contracts between a consumer residing in the Union and a professional established in the Union through the intervention of an ADR (alternative dispute resolution) body that has joined it, which can be selected from a specific list available therein. For more information on the European ODR Platform or to initiate, through the latter, an alternative dispute resolution procedure relating to this contract, please visit the following link: http://ec.europa.eu/odr. The Seller's email address to be indicated on the European ODR Platform is as follows: info@ristosanohome.com.

14.4. If the conciliation attempt referred to in point 14.2 or 14.3 above is not accepted or if such attempt is unsuccessful, the dispute shall be referred to the court of the place of residence or domicile of the Consumer.