Terms of service

This website is owned by:

Berfud di Marisabel Fiestas Canales
Registered Office: Via Beatrice d’Este No. 8, 20136 Milan (MI), Italy
VAT No.: 10908580961
Email: info.berfudamericanfood@gmail.com

These General Conditions govern the purchase of products and services made remotely via the internet on the website www.berfud.com, which belongs to Berfud di Marisabel Fiestas Canales.

Sales are governed by these General Conditions. Before submitting an order, Customers are therefore invited to carefully read these General Conditions of Sale and the information contained herein, and to print or save them on another durable medium accessible to them.

The website was created for the sale of food products, in compliance with Italian laws on distance contracts (Legislative Decree No. 70/2003).

General Conditions of Sale

Sales are regulated by these General Conditions:

The Customer may purchase the products listed on the Berfud.com website. The publication of these products on the site constitutes an invitation to customers to submit a purchase offer. The order submitted by the Customer is a contractual proposal and implies full knowledge and complete acceptance of these General Conditions of Sale.
Proper receipt of the Customer’s proposal is confirmed by berfud.com through an automatic response sent to the email address provided by the Customer, which only confirms that the proposal was correctly received by the IT systems.

Any order placed by the Customer will be visible within their purchase area. The Customer may modify or cancel the order only if it has not yet been shipped, exclusively by sending an email to the Customer Service address: info.berfudamericanfood@gmail.com.

Acceptance of the General Conditions of Sale

The contract between Berfud.com and the Customer is considered concluded when Berfud partially or fully accepts the order. Such acceptance is deemed tacit unless otherwise communicated to the Customer by any means. By placing an order according to the available methods, the Customer declares that they have reviewed all the information provided during the purchase process and that they fully accept the following conditions of sale and payment.

If the Customer is a consumer (i.e., a natural person purchasing goods for purposes not related to their professional activity), once the online purchase process is completed, they shall print or save an electronic copy of these General Conditions of Sale, in accordance with Italian laws on distance contracts.

No Customer right to compensation or indemnity is recognized, nor is any contractual or extra-contractual liability for direct or indirect damages to persons and/or property attributable to Berfud in the event of non-acceptance or partial fulfillment of an order.

Some packages include alcoholic beverages. Berfud promotes responsible consumption and disclaims any liability if minors under the age of 16 purchase such items.

The order submitted by the Customer to Berfud.com via the internet must be fully completed and must contain all the information needed to identify the Customer and the ordered packages, as well as the delivery address; otherwise, it will be considered void. If there are delivery issues because of an incorrect address, Berfud will resend the package at the Customer’s expense.

By submitting the order, via any of the methods described in the Site’s operating instructions, the Customer confirms that they have reviewed all the information provided during the purchase process and that they fully accept the General Conditions and payment terms described herein.

All product prices are clearly shown on the Site and include VAT. Shipping costs are EUR 6.90 (VAT included) for purchases up to EUR 55.89; shipping is free for purchases over EUR 55.90.

If a product is listed on the Site as “out of stock,” “sold out,” or otherwise cannot be added to the cart, it is considered unavailable for sale on the Site.

Product prices on the Site may change at any time and without notice. However, for orders being processed or already accepted, the sale terms in effect at the time the Customer placed the order will apply, unless the order is not accepted.

Once the order is received, Berfud will verify product availability for fulfillment. If a product is not available, the Berfud Customer Service will promptly notify the Customer and cancel the order. If the order comprises multiple products, Berfud will ship the remaining products and refund the Customer for the commercial value of the unavailable product. Berfud will also send the Customer a timely notice suggesting an alternative product with the same commercial value as the unavailable one. The Customer can decide whether to confirm or cancel the shipment. They may also opt to receive only the other items in the order, receiving a refund equal to the commercial value of the canceled item.

If the delivery time for a product is delayed beyond the timeframe indicated on the Site before ordering, Berfud will promptly inform the Customer via the email address provided. Until Berfud ships the order (as notified to the Customer via email), the Customer can cancel or modify the order at any time by sending an email to the dedicated customer service address info.berfudamericanfood@gmail.com.

Product images on the Site are only intended to present the products for sale and may not exactly represent the item’s characteristics; differences in color, size, or any included accessories may exist. In the event of a discrepancy between the image and the written product description, the latter is always controlling.

Payment Methods

Payments for Purchase Contracts entered into on the Site may be made by Credit Card, PayPal, Cash on Delivery, or Bank Transfer in Advance. At the conclusion of the Purchase Contract, after reviewing the order summary and verification, the Customer confirms the transaction. If paying by Credit Card or PayPal, the Customer’s browser will automatically be redirected to the relevant payment site (the PagOnline Business system of Unicredit or the PayPal website), or to a Berfud site page with summary order details and the parameters needed to complete the transaction.

For purchases made by credit card, once the online transaction is concluded, the relevant banking institution will authorize only the reservation of the amount for the purchase (including shipping). The amount corresponding to the goods shipped (even if partially) will be effectively charged to the Customer’s credit card at the time of purchase confirmation.

Customers can choose to pay by Cash on Delivery, incurring an additional fee of EUR 3.00.

Berfud reserves the right to request additional information from the Customer (e.g., a landline phone number) or copies of documents proving ownership of the card used. If the requested documentation is not provided, Berfud reserves the right not to accept the order. In the event the order is canceled by either the Customer or Berfud, Berfud will request the cancellation of the transaction and the release of the reserved amount immediately. The timing for release depends solely on the banking system and may take up to the natural expiry date of the authorization (typically 24–25 days from the authorization date).

For enhanced security, in payments made by Credit Card and PayPal, Berfud never learns the details of the purchaser’s credit card, which are transmitted via secure connection directly to the banking institution managing the transaction.

Berfud cannot be held liable in any event for fraudulent or improper use of credit cards by third parties at the time of payment for products purchased on Berfud.com.

Deliveries and Documentation

Berfud undertakes to deliver within 3 or 4 business days, and in any case ensures product delivery within 7 business days of payment confirmation. For shipments to the islands, delivery will be made within 10 business days of payment confirmation.

All product deliveries are at Berfud’s risk. The risk transfers to the Customer once the products are handed over by the shipper, carrier, or other agent designated by Berfud for delivery. Upon delivery by the courier, the Customer must check that the number of packages delivered corresponds to the number specified in the shipping document, and that the packaging is intact, undamaged, not wet, and has not been otherwise tampered with (including the sealing materials like adhesive tape or plastic straps). Any issues regarding the physical integrity, accuracy, or completeness of the received products must be reported within 7 days of delivery, following the procedures set forth in this document.

If the shipment remains in the courier’s warehouse for 5 business days due to repeated inability to deliver to the address specified by the Customer at the time of the order, the order will be automatically canceled.

Right of Withdrawal

Pursuant to Legislative Decree No. 206 of September 6, 2005 (Consumer Code), the consumer Customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without penalty, within 14 days of receiving the products.

To exercise this right, the Customer must send written notification by registered letter with return receipt to Berfud, Viale Bligny 5, Milan (MI) 20136, Italy, or via email to info.berfudamericanfood@gmail.com, indicating the package(s) for which they wish to exercise the Right of Withdrawal, as long as these are intact.

Once the aforementioned withdrawal notice is received, Customer Service will promptly inform the Customer of how to return the goods.

Conditions for Exercising the Right of Withdrawal:

• The right applies to the purchased product in its entirety; it is not possible to withdraw only from a portion of the purchased product.
• The right of withdrawal does not apply to goods made to measure or personalized.
• The purchased item must be intact.

Returns

• By law, the shipping costs for returning the goods are borne by the Customer.
• Until the goods are received at our warehouse, the shipment remains the Customer’s full responsibility.
• Returns are allowed no later than 14 days from receipt of the order.
• In the event of damage to the product during transport, Berfud will inform the Customer so that the Customer may promptly file a claim against the courier they selected and obtain a refund of the item’s value (if insured). In such cases, the product will be made available to the Customer for return, simultaneously canceling the withdrawal request.
• Berfud assumes no liability for damage or theft/loss of items returned via uninsured shipments.
• Berfud offers the Customer the possibility to return items with insured shipping via express courier. If the Customer chooses to use the facilitated return service, the associated costs will be deducted from the amount due to the Customer for withdrawal.
• Once the product is returned to the warehouse, it will be inspected to assess any damage or tampering not resulting from transport. If the original packaging and/or wrapping is found to be damaged, Berfud will withhold a percentage from the refund—no more than 20%—to cover restoration costs.

The right of withdrawal is completely forfeited if the essential integrity of the goods (packaging and/or contents) is missing, in which case Berfud determines:

• The absence of the external packaging and/or the original internal wrapping;
• The absence of integral components of the product;
• Damage to the product for reasons other than transport.

Should the right of withdrawal be forfeited, Berfud will return the purchased goods to the sender, charging the sender for shipping costs.

Refunds

Without prejudice to any restoration costs for verified damage to the original packaging, Berfud will refund the Customer the total amount already paid, within 30 days of the goods’ return, by canceling the charge on the Customer’s Credit Card, PayPal, or via Bank Transfer. In the latter case, the Customer must promptly provide the bank details (ABI, CAB, and the bank account number of the invoice holder) for the refund.

Complaints

Any complaints must be addressed to:
Berfud, Viale Bligny 5, 20136 Milan (MI), Italy.

Governing Law

The sales contract between the Customer and Berfud is concluded in Italy and governed by Italian law. For the resolution of civil and criminal disputes arising from the conclusion of this distance sales contract, if the Customer is a consumer, jurisdiction belongs to the court with territorial competence over the Customer’s place of residence. In all other cases, the exclusive jurisdiction is the Court of Palmi.