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TOPIC INDEX:
1) DEFINITION AND SUBJECT OF THE SALES CONTRACT
2) ALLERGENS
DEFINITION AND SUBJECT OF THE SALES CONTRACT
1.1. This contract ("Contract") is a distance contract pursuant to Articles 45 et seq. of Legislative Decree 6 September 2005, no. 206 ("Consumer Code") in the case of consumer clients pursuant to Article 3 of the Consumer Code or, otherwise, a sales contract pursuant to Articles 1470 et seq. of the Civil Code.
The Contract concerns the sale of food products between LE DELIZIE SRL, with registered office in Ferrara, Via Ripagrande n. 4/6, VAT and Tax Code 00681880381, and the Customer.
The Contract is concluded directly through the acceptance by LE DELIZE SRL of a purchase proposal issued by the Customer via the website www.cappelliferrara.it, based on the procedures described in the following art. 3.
If the purchase proposal is made by the Customer by telephone, the Contract will be finalized at the time of delivery of the product by LE DELIZIE SRL.
2. PRICES
2.1. The prices of the products shown on the website www.cappelliferrara.it of LE DELIZIE SRL are indicated in Euro and include VAT, the RAEE Eco Contribution pursuant to Legislative Decree no. 49 of March 14, 2014, and any other tax.
The delivery charges are indicated on the website www.cappelliferrara.it while the price owed by the Customer is the one in effect at the conclusion of the contract.
2.2. If an incorrect price has been advertised, LE DELIZIE SRL will contact the Customer to verify whether they still wish to proceed with the purchase of the product at the correct price.
If the Customer does not intend to proceed with the purchase, or if LE DELIZIE SRL is unable to contact them, LE DELIZIE SRL will cancel the order.
LE DELIZIE SRL is not obliged to sell the product at the incorrect price if the error could have been recognized by the Customer using ordinary diligence.
Any information about prices is available on the website www.cappelliferrara.it or by contacting Customer Service.
3. PURCHASE AND PAYMENT METHODS
3.1. LE DELIZIE SRL may, at its sole discretion and without any liability towards the Customer, refuse the purchase proposal received from the Customer. If the Customer intends to purchase products that are no longer available, LE DELIZIE SRL will inform the Customer. The Customer may wait for possible availability or cancel the order.
3.2. The Customer may pay by (a) PayPal or credit cards; (b) bank transfer; (c) cash on delivery. In case of payment by PayPal or credit card, LE DELIZIE SRL will ship the products only after receiving payment authorization and, in the absence thereof, will not proceed with the shipment.
In case of payment by bank transfer, LE DELIZIE SRL will ship the products only after receiving the transfer. In case of payment by cash on delivery, LE DELIZIE SRL will normally ship the products within 2 business days from the order date.
Payments by check are not accepted unless agreed directly with customer service.
3.3. Further information on payment methods is available by contacting LE DELIZIE SRL or on the website www.cappelliferrara.it, Payments Section.
4. DELIVERY OF PRODUCTS
4.1. LE DELIZIE SRL delivers products worldwide except for those countries listed in the Shipping section within Italian territory, including San Marino and Vatican City. Further information is available by contacting LE DELIZIE SRL or on the website www.cappelliferrara.it Shipping Section.
LE DELIZIE SRL generally delivers within 2-5 working days (weekdays, excluding Saturday and Sunday) from receipt of payment (in case of payment by PayPal/credit card or bank transfer) or from the placement of the order (in case of payment on delivery).
4.2. Products included in a single order cannot be delivered to different addresses or paid for with different payment methods. LE DELIZIE SRL delivers to the address provided by the Customer at the time the order is placed.
4.3. The risk of loss or damage to the products is transferred to the Customer at the moment when the latter, upon delivery, physically takes possession of the goods.
5. WARRANTIES AND ASSISTANCE
5.1. The products purchased by the Customer are subject to the rules regarding warranties and after-sales assistance provided for by the Civil Code or the Consumer Code.
6. CLIENT OBLIGATIONS
6.1. The Customer declares and guarantees: (i) to be of legal age; (ii) that the data provided by them for the execution of the Contract are correct and truthful
7. CONSUMER'S RIGHT OF WITHDRAWAL
7.1. LE DELIZIE SRL wants its customers to be satisfied with the products purchased. The Customer, if considered a consumer pursuant to art. 3 of the Consumer Code, has the right to withdraw from the contract entered into, without any penalty and without specifying the reason, within 14 days of receiving the product. The Customer may exercise the right of withdrawal by communicating it (within the aforementioned period) by phone by contacting Customer Service at 0532-765401 or by email at info@cappelliferrara.it. The Customer has the right to withdraw from the contract provided that the product is returned substantially intact.
The Customer who intends to exercise the right of withdrawal must send the products to LE DELIZIE SRL (within the aforementioned period) to the company address, following the instructions provided therein.
Pursuant to Article 59 of the Consumer Code, the Customer shall not have the right of withdrawal in the case of supply of products made to measure or clearly personalized.
7.2. The return of the product through the announced exercise of the Right of Withdrawal entails the refund of the price of the purchased product.
Shipping and return costs for the products are borne by the Customer. The refund will be made without undue delay and in any case no later than 14 days from the day LE DELIZIE SRL receives the products. The refund will normally be made using the same payment method used by the Customer; in the case of Cash on Delivery, the refund will be made by Bank Transfer (in this case, the Customer must provide LE DELIZIE SRL with their bank details).
Further information regarding the products and related warranties is available on the website www.cappelliferrara.it, section Returns and Refunds.
8. GENERAL CLAUSES
8.1. LE DELIZIE SRL may assign to third parties all or part of the rights and obligations arising from this Contract.
8.2. LE DELIZIE SRL reserves the right to modify these General Conditions, without any prior notice and without prejudice to sales made prior to such modifications. Any changes will be effective from the date on which they are communicated to the public and will apply to sales made from that date onwards.
The latest updated version of the General Conditions can be found on the website www.cappelliferrara.it.
8.3. The Customer's personal data is processed by LE DELIZIE SRL in accordance with the provisions of the Data Processing Information Notice, available on the website www.cappelliferrara.it, Privacy Section.
8.4. This Contract is subject to Italian law
In the case of a consumer user, the court of the consumer's place of residence or domicile shall have jurisdiction, if located in Italy.
For any other dispute, the Court of Ferrara will have jurisdiction.
The user can use the alternative extrajudicial procedure of the European Union accessible at the link https://ec.europa.eu/consumers/od
8.5. Customer Service is available from Monday to Friday from 9:00 am to 2:00 pm (except on public holidays) at the number 0532.765401 or at the e-mail address info@cappelliferrara.it.
It is possible to contact LE DELIZIE SRL also by mail at the address Customer Service LE DELIZIE SRL via Ripagrande n. 4/6 - 44121 Ferrara.
ALLERGENS
Food allergens and those present in the formulations of our foods
1. Cereals containing gluten (i.e. wheat, rye, barley, oats, spelt, kamut or their hybridized strains) and derived products,
2. Crustaceans and derived products.
3. Eggs and derived products.
4. Fish and fish products
5. Peanuts and derived products.
6. Soy and derived products,
7. Milk and dairy products, including lactose,
8. Nuts, i.e. almonds (Amygdalus communis L.), hazelnuts (Corylus avellana), common walnuts (Juglans regia), cashew nuts (Anacardium occidentale), pecan nuts (Carya illinoiesis (Wangenh) K. Koch), Brazil nuts (Bertholletia excelsa), pistachios (Pistacia vera), Queensland nuts (Macadamia ternifolia) and derived products
9. Celery and derived products.
10. Mustard and derived products.
11. Sesame seeds and derived products.
12. Sulphur dioxide and sulphites in concentrations greater than 10 mg/Kg or 10 mg/l expressed as SO2.
13. Lupins and derived products.
14. Molluscs and derived products»;
THE ACTIVITY IS CARRIED OUT WITHIN THE SAME
BUILDING THEREFORE IT IS IMPOSSIBLE TO AVOID THE
POTENTIAL CROSS-CONTAMINATION ALSO ON
FOODS THAT DO NOT CONTAIN IT IN THE FORMULATION
AND/OR PRESCRIPTION.
YOU CAN USE FRESH AND/OR FROZEN FOODS
ACCORDING TO SEASONALITY AND AVAILABILITY
FOR ANY QUESTIONS, PLEASE ASK THE SALES ASSISTANT
FOR POSSIBLE ALLERGENS PRESENT IN YOUR FOOD
ALLERGEN MANAGEMENT
It should be noted that our business prepares and serves, using a single kitchen and a single pantry, gastronomic products of any kind, not intended as special foods for people with allergies or intolerances.
Therefore, the management that is implemented is to correctly inform consumers about the products and substances contained in the food offered and to train the staff on the correct answers they must know in order to further inform the consumer.
The manual for preparations to serve allergens is divided into 4 parts.
1. Types of hazards
2. Preparation method
3. Production manual
4. Personal training
Types of hazards
The substances considered "allergens" in the regulation that came into force are the following:
Cereals containing gluten, i.e. wheat, rye, barley, oats, spelt, kamut (or their hybridized strains) and derived products
Crustaceans and derived products;
Eggs and derived products;
Fish and derived products;
Peanuts and derived products;
Soy and derived products;
Milk and derived products; (including lactose)
Nuts, that is almonds (Amigdalus communis L.), hazelnuts (Corylus avellana), common walnuts (Juglans regia), cashew nuts (Anacardium occidentale), pecan nuts [Carya illinoiesis (Wangenh) K. Koch], Brazil nuts (Bertholletia excelsa), pistachios (Pistacia vera), Queensland nuts (Macadamia ternifolia) and derived products;
Celery and products derived from it;
Mustard and derived products;
Sesame seeds and derived products;
Sulphur dioxide and sulphites in concentrations greater than 10 mg/kg or 10 mg/l expressed as SO2.
Lupin and products based on lupin,
Molluscs and products based on molluscs;
IDENTIFICATION OF POTENTIAL HAZARDS
It is still under discussion among experts whether, within the scope of the HACCP study, issues related to allergens should be treated as chemical hazards or, as is more commonly adopted, should be considered separately. Whatever the choice in hazard identification, the difficulties arise not so much from the substances indicated by EU Regulation 1169/11 and included in the formulation of the food as ingredients (which must be highlighted on the label), but rather from possible cross-contamination by other allergenic substances whose use is not foreseen in that food product but in others processed in the same facility or brought in by suppliers or even by consumers themselves.
The allergens directive does not regulate cases of accidental contamination, with allergenic substances, of a food in whose production ingredients containing allergenic substances or their derivatives have not been used (cross contamination).
This risk, in fact, should be considered within the scope of company self-control procedures, according to the HACCP method.
It is therefore correct to record all the ingredients by requesting suppliers to carry out an in-depth analysis regarding the actual composition of the materials used. Once the allergenic substances present in the production cycle have been identified, it will be possible to assess the actual danger they may represent.
CEREALS
Allergen Cereals containing gluten (oats, wheat, spelt, kamut, barley, rye or their hybrid strains)
Prevalence of allergies and severity
Celiac disease or gluten intolerance is the result of a reaction that develops in the body following the intake of gluten, a protein found in various cereals. Oats contain a similar protein that can cause similar problems.
Gluten causes inflammation in the intestine that leads to a profound alteration of the intestinal walls and, consequently, an impairment of food absorption and the nutritional status of the individual.
A recent study highlighted that the prevalence of gluten intolerance is around 1%. Therefore, although cereals can cause food allergies, this occurrence is not very common in the population.
The European Codex Alimentarius has established that for gluten-free products made from cereals containing gluten, the amount of the allergen present in the product must not exceed 200 parts per million (ppm).
This standard does not apply to products made from ingredients that are naturally gluten-free, for which a maximum of 20 ppm has been proposed.
Allergen: gluten
CRUSTACEANS
Crustacean allergen (includes all species of crustaceans: lobsters, crayfish, crabs, shrimp, scampi
Prevalence of allergies and severity
Shellfish allergy is quite common; often, sensitive individuals experience severe allergic reactions even after ingesting small amounts of the food; some people with shellfish allergy may also experience unwanted clinical symptoms after consuming mollusks.
Estimated allergen dose to trigger problems if ingested by sensitive individuals
For sensitive individuals, small quantities (e.g. 3 or 4 medium-sized scampi) are sufficient to cause severe allergic reactions.
Food: crustaceans
EGGS
Egg Allergen
Prevalence of allergies and severity
Egg allergy, especially to egg white, is one of the most common forms of allergy in children; it occurs in about 5% of individuals under the age of 2, but it spontaneously decreases with growth.
Symptoms occur more frequently after the ingestion of raw eggs, especially the egg white, while in the same individuals the ingestion of cooked eggs may not cause any problems. In fact, cooking modifies some of the egg proteins, making it less allergenic.
Chicken meat contains small amounts of ovalbumin and ovotransferrin (two proteins found in eggs), but it is believed that individuals allergic to eggs can tolerate cooked chicken since these two proteins are thermolabile (destroyed by heat).
Allergen: egg proteins
5 AIVEMP newsletter - n. 1 - January 2009
FISH
Fish Allergen
Prevalence of allergies and severity
Fish allergy can manifest itself towards any type of fish or only towards certain fish species, it is more common in adults than in children and is particularly frequent in Scandinavian and Northern European countries, where the consumption of this food is higher.
The clinical manifestations, which mainly affect the respiratory system, can sometimes be linked to the presence of high levels of histamine in the fish or to the presence of Anisakis simplex, a parasite that can be found in numerous sea fish.
Reactions have been observed following both ingestion and handling of infected fish, ranging from urticaria syndrome, angioedema, “protein contact dermatitis,” rhinitis or rhinoconjunctivitis, asthma, anaphylactic shock, to “airborne” dermatitis (due to contact with Anisakis simplex allergens dispersed in the air near sites where parasitized fish are processed). The spread of the parasite among fish and the limited number of published studies suggest that its allergological importance has so far been underestimated.
Allergen: fish proteins
PEANUTS
Allergen Peanuts
Prevalence of allergies and severity
Peanut allergy is an emerging and potentially dangerous allergy.
Until not many years ago, it was considered a problem strictly limited to America and the United Kingdom; today, peanut allergy is also spreading in the old continent and reports of allergic reactions are increasing dramatically. It has now become one of the main childhood allergies, often severe and sometimes fatal.
In England, in the last 10 years, reports of allergic reactions to peanuts have increased by 95%.
It is an allergy that appears early in childhood (in 92% of cases between 1 and 7 years old), with an average incidence of 11.8%, ranking third after milk and eggs. Unlike the latter, which tend to disappear over time, peanut allergy persists throughout life. It is often associated with allergies to nuts and other legumes, such as soy and lupin.
Peanuts are widely used by the confectionery and food industry in the form of oil and as butter or margarine, ingredients in various types of snacks, snack cakes, and sweets. They are also present in products intended for children, for example as a component of infant formula or as an excipient in multivitamin preparations.
Reactions can be very severe (acute anaphylactic shock) and occur following contact, inhalation, but especially ingestion of the food.
The allergenic power of peanuts is increased by cooking treatments (especially roasting).
There is a possibility that the widespread use of formula milks containing peanut oil has contributed to the spread of this allergy, even though some believe that peanut oil is not actually allergenic. In a recent survey in France, out of 45 formula milks analyzed, the presence of peanut oil was found in 11 of them (in some cases in quantities equal to 80% of the entire lipid component).
In the USA, peanut allergy, together with nut allergy, is probably the main cause of fatal and near-fatal anaphylactic reactions due to food.
Allergen: peanut proteins
SOY
Soy Allergen
Prevalence of allergies and severity
The allergenic fraction of soy is the protein one, and in fact many people allergic to soy can tolerate refined soybean oils. Soy allergy is common in children with cow's milk protein allergy; in fact, 15% of these children are also allergic to soy. For this reason, some experts question the advisability of replacing cow's milk with soy milk.
There are no prevalence data for this allergy in the general population. Some authors report that 0.3% of the general population perceives themselves as allergic to soy.
Allergen: soy proteins
MILK
Allergen Milk
Prevalence of allergies and severity
Cow's milk protein allergy is a relatively common condition in the first year of life and its incidence is variable but ranges between 1 and 3% (from 10,000 to 15,000 children affected each year in Italy).
However, it is a difficult allergy to manage and avoid since milk is present in many foods that an allergic person may consume without even knowing it, such as in fruit ice creams, cured meats, cooked ham, or even in some medicinal formulations. Symptoms are gastrointestinal or cutaneous (atopic dermatitis, urticaria, angioedema) in 50-70% of cases; in 20-30% respiratory disorders (rhinitis) may occur, and in 5-9% anaphylaxis.
In most cases, children are able to reintroduce milk into their diet by the age of three; in other cases, individuals may continue to experience milder symptoms.
However, there is a small group of allergic individuals who, even at the first contact, experience severe allergic reactions both on the skin and respiratory (asthma, glottis edema) up to suffocation or anaphylactic shock.
Some heat treatments (modification of protein bonds at high temperatures) or enzymatic treatments can reduce the allergenic potential of whey proteins.
Lactose intolerance, on the other hand, manifests in the opposite way: it is an extremely rare allergy in the first year of life and very common in adults, particularly in certain populations (African, Asian, Native American).
Subjects allergic to cow's milk may also experience cross-reactions after consuming sheep's and goat's milk: the consumption of milk from these two species is therefore not recommended for individuals intolerant to lactose.
Allergen: milk proteins
NUTS
Allergen Nuts
Prevalence of allergies and severity
That to nuts and their derivatives (walnuts, Brazil nuts, almonds, pistachios, hazelnuts), widely used in the food industry for the preparation of sweets, ready meals, baby food, and other products, is an allergy that frequently develops in children, who may experience severe allergic symptoms up to anaphylactic shock.
The main problem for patients suffering from this type of allergy is avoiding the many foods that hide nuts and peanuts in traces: it is therefore essential to carefully read the labels of all industrial products.
Those who have an allergy to these foods may experience cross-reactions with peanuts.
Allergen: nut proteins
CELERY
Allergen Celery
Prevalence of allergies and severity
In Europe and especially in German-speaking Switzerland, celery is a common cause of allergies, particularly in adults.
The described symptoms are variable: oral allergy syndrome, gastrointestinal disorders, rhinitis and/or asthma, urticaria-angioedema syndrome, and even anaphylactic shock.
It has been shown that there are frequent forms of cross-reactivity of celery with pollen and other plant foods of the same family (especially with fennel)
Allergen: celery proteins
MUSTARD
Allergen Mustard
Prevalence of allergies and severity
Mustard allergy is very common in France, where several cases of severe anaphylactic reactions following the ingestion of the food have been reported.
Food: celery
SESAME
Sesame allergen
Prevalence of allergies and severity
Sesame allergy can cause severe anaphylactic reactions. In sensitive individuals, cross-reactivity with nuts and seeds may occur.
Allergen: sesame proteins
SOLFITI
Allergen Sulphur dioxide and sulphites (in concentrations greater than 10 mg/kg or 10 mg/l expressed as SO2)
Prevalence of allergies and severity
Sulfites are used as additives in wines. In sensitive individuals, especially in asthmatic patients, their consumption can trigger asthma attacks. Symptoms can become severe only in a small minority of affected individuals.
Allergen: sodium metabisulfite proteins
LUPINS AND DERIVATIVE PRODUCTS
Allergen Lupins
Prevalence of allergies and severity
That to lupins and their derivatives used in the food industry for the preparation of sweets, ready meals, baby food, and other products, is an allergy that frequently develops in children, who may experience severe allergic symptoms up to anaphylactic shock.
The main problem for patients suffering from this type of allergy is avoiding the many foods that hide them: it is therefore essential to carefully read the labels of all industrial products.
Allergen: lupin proteins
MOLLUSCS AND DERIVATIVE PRODUCTS
Allergen Mollusks and derived products
Prevalence of allergies and severity
People who are sensitive to shellfish often experience severe allergic reactions even after ingesting small amounts of the food.
Estimated allergen dose to trigger problems if ingested by sensitive individuals
For sensitive individuals, small quantities are sufficient (to cause severe allergic reactions.
Allergen: mollusc proteins
Preparation method
Allergens are proteins naturally present in foods: these are organic substances that are insoluble in water, slightly soluble in acids (according to some sources), and soluble in alkalis; they are difficult to remove if they become fixed to a surface by heat, such as wheat proteins in a dryer, because they are heat-resistant, as well as resistant to proteolysis and extreme pH levels.
Taking these characteristics into consideration, during the development of an allergen control and management program, food business operators can better integrate the design phases of equipment and plants and the management of production activities.
The principles of healthcare design: exterior and interior
It is evident that there are many similarities between the control measures used for conventional chemical, microbiological, and physical hazards in a food industry and those used to control potential contamination from allergen residues. However, there are also some important differences; one of these is related, for example, to the effect of heat.
The use of high-temperature water or steam can reduce or eliminate microorganisms, but heat does not remove allergenic proteins, which must be removed through very vigorous washing, by applying detergents, or, in the case of dry cleaning, with a good vacuum system.
A system and equipment designed for thorough cleaning and sanitization, therefore, represent the starting point for successfully controlling potential allergen contamination.
A design that takes into account the necessary measures for the control of physical, chemical, and microbiological hazards must start from the outside of the facility.
Any contaminant found outside, in particular insects, rodents, birds, and airborne microorganisms contained in dust particles, will tend to enter the facility; keeping contaminants out is one of the functions of the design of driveways, truck docks, access doors, covering materials, heating, ventilation and air conditioning systems, and all areas surrounding the facility.
ASSESSMENT OF THE DEGREE OF SIGNIFICANCE
There are several factors to consider. The most important is certainly having dose-response data in order to establish acceptability limits below which the presence of a certain substance in a food does not reasonably pose a danger to the consumer.
In order to contribute to risk analysis, some summary tables of the most common allergic forms for each of the specified allergens have been created, providing information on prevalence and severity of the allergy.
In the context of risk assessment, the geographical distribution of sensitivities related to different eating habits must also be considered.