Terms of service
1. Seller and scope
The online store ermesfunghi.com is operated by ERMES FUNGHI S.R.L., Via Paolo Diacono 1, 33042 Buttrio (UD), Italy, VAT number IT01804820304, REA UD-197061. Contact ciao@ermesfunghi.com or +39 0432 674469.
These terms govern consumer purchases from our online store. We deliver to Italy, Austria and Germany. Business or resale purchases require a separate commercial agreement; consumer status and rights are nevertheless determined by law.
2. Products and food information
Product pages describe the main characteristics, quantity and price. Review ingredients, allergens, storage and preparation information before buying, and the instructions on the packaging before consumption.
Images illustrate the product; small packaging-design differences do not alter the contractual characteristics. This does not limit your right to goods that conform to the description and information supplied before purchase.
3. Orders and contract formation
You can review and correct products, quantities, your address and other information before placing the order. Submitting the order through the final checkout button creates an obligation to pay and constitutes an offer to purchase.
The contract is formed when we accept your order by email confirmation. A message expressly acknowledging receipt of the request only is not acceptance. We provide confirmation of the contract and the required information in a form you can retain.
If we cannot accept the order, for example because a product is unavailable, we will tell you and return any amount already charged without undue delay. We will not substitute products or increase the price of an accepted order without your agreement.
4. Prices and payment
Prices are in euros and include applicable VAT. Shipping charges and the total amount are shown before you submit the order. Promotion conditions are disclosed with the offer; we do not add charges after purchase without your consent.
Available payment methods are displayed at checkout. Subscription frequency, recurring charges and any delivery charges are disclosed before purchase.
5. Delivery and transport risk
Destinations, delivery methods, costs and times are described on our Shipping page and at checkout. Unless another delivery period is agreed, we deliver without undue delay and within 30 days after the contract is concluded.
The risk of loss or damage passes when you, or someone you nominate other than the carrier, physically receives the goods. Handing the goods to a carrier we selected does not transfer the risk to you. The statutory exception applies if you independently commission a carrier we did not offer.
Contact us about delayed or missing deliveries. Your rights to request delivery within an appropriate additional period and, where the law allows, end the contract and receive a refund remain unaffected.
6. Withdrawal and returns
Our Returns and refunds page explains the right to withdraw, how to exercise it, exceptions and refunds, and includes an optional model form. Your withdrawal notice does not require our approval. These terms do not reduce mandatory consumer rights.
7. Statutory guarantee and liability
We are responsible for product conformity under applicable law. For consumer goods, the statutory guarantee covers non-conformity that becomes apparent within the legally prescribed period, normally two years from delivery. For food, assessment takes account of the product's nature, reasonably expected durability and correct storage: this is not a promise of a two-year shelf life.
Statutory remedies are free. Nothing excludes or limits liability for intentional misconduct, gross negligence, death or personal injury, defective products, breaches of mandatory consumer rights or any liability that cannot lawfully be excluded.
8. Subscriptions
Where offered, subscriptions provide recurring orders at the frequency and on the terms selected and disclosed before purchase. Our Subscriptions page explains management, pausing and cancellation.
Ending future deliveries and withdrawing from a purchase are different actions. Rights concerning an order already generated continue to be governed by law and our returns policy.
9. Shopify, accounts and personal data
Shopify provides the store's technology platform. ERMES FUNGHI S.R.L. is the seller and your contractual counterparty for purchases. Please address product and order enquiries to us. This distinction does not exclude any liability that cannot lawfully be excluded.
Provide accurate information so we can process your order and protect access to your account. Our Privacy policy describes how personal data is handled. You do not have to accept marketing to make a purchase.
10. Applicable law, disputes and changes
Italian law applies. If you are a consumer living in another country, this choice does not deprive you of the mandatory protection of the law of your habitual residence where applicable. Jurisdiction is determined by the rules protecting consumers; we do not impose an exclusive court contrary to those rules.
Send complaints to ciao@ermesfunghi.com. This contact channel does not limit other legal remedies.
Updates apply to purchases made after publication. Existing orders remain governed by the terms accepted when the purchase was made, except for changes required by law or validly agreed. If a provision is invalid, the applicable legal rules apply without prejudice to mandatory consumer rights.
