⚠️ NOTE FOR SUPPLIERS AND FILLERS

MANDATORY LEGAL NOTE FOR SUPPLIERS AND RESUPPLIERS

Candy Magic Store, as a food business operator (FBO) pursuant to EC Regulation no. 178/2002, notifies its suppliers and resuppliers of the following binding regulatory obligations, the non-observance of which will result in the legal, administrative, and criminal consequences specified below.

1. PAYMENT TERMS AND GOODS COLLECTION

Candy Magic Store adopts the following operating procedure for all supplies, in full compliance with Italian and European legislation on commercial transactions:

  1. GOODS COLLECTION — Candy Magic Store collects goods from the supplier or receives delivery at its premises.
  2. GOODS INSPECTION — Before any payment commitment, Candy Magic Store performs a full quality control of the received goods, verifying compliance with established parameters (quality, expiry dates, documentation, labeling, allergens).
  3. PAYMENT AT 30 DAYS FROM INVOICE DATE — Only after a positive outcome of the goods inspection and receipt of a regular invoice, Candy Magic Store proceeds with payment within 30 days from the invoice date, as provided by Legislative Decree no. 231/2002 and subsequent amendments introduced by Legislative Decree no. 192/2012 (transposition of Directive 2011/7/EU on combating late payment in commercial transactions).

⚠️ Payment is subject to the positive outcome of the goods inspection. In case of non-compliant goods, payment will be suspended until the non-compliance is resolved, without prejudice to Candy Magic Store's right to reimbursement and to the actions provided for by current legislation. Any different payment terms must be agreed upon in writing before the delivery of the goods.

2. OBLIGATION TO PROVIDE TECHNICAL DOCUMENTATION ON ALLERGENS

Pursuant to EU Regulation no. 1169/2011 and EC Regulation no. 852/2004, the supplier is obliged to transmit, concurrently with each individual supply:

  • Updated technical data sheet with a complete list of ingredients;
  • Explicit indication of all allergens referred to in Annex II of EU Regulation no. 1169/2011;
  • Declaration regarding any risks of cross-contamination;
  • Immediate update in case of changes in recipe or production process.

3. SPECIFIC OBLIGATION FOR IMPORTED PRODUCTS

For products from abroad (import), even if labeled in Italian, Candy Magic Store mandatorily requires the complete and updated allergen technical data sheet. Italian labeling does not replace this obligation.

In the absence of such documentation, without any negotiation or derogation:

  • The goods will not be accepted or will be immediately quarantined;
  • The matter will be forwarded to the competent authorities (ASL, NAS, ICQRF) for appropriate checks;
  • Candy Magic Store reserves the right to resort to the competent court for the recovery of damages suffered.

4. HAZARDOUS FOOD COLORANTS — REPORTING OBLIGATION

During incoming goods inspection, the presence of the following additives will be systematically verified:

  • E120 — Cochineal (Carminic Acid): subject to mandatory declaration on the label pursuant to EU Regulation no. 1169/2011;
  • E122 — Azorubine (Carmoisine): an azo dye for which EC Regulation no. 1333/2008 imposes the mandatory warning: "may have an adverse effect on activity and attention in children", as established by Directive 2008/102/EC and confirmed by EFSA.

⚠️ If during inspection the presence of these colorants is detected without the prescribed indication on the label or in violation of the limits of EC Regulation no. 1333/2008, Candy Magic Store will proceed automatically and without prior notice to:

  • Immediate blocking and quarantine of the goods;
  • Notification to NAS and the competent Health Authorities (local ASL);
  • Notification to the European Rapid Alert System RASFF pursuant to art. 50 of EC Regulation no. 178/2002;
  • Request for full reimbursement and initiation of legal procedures.

5. MANAGEMENT OF NON-COMPLIANT, NEAR-EXPIRY OR EXPIRED GOODS

Any goods received that do not comply with the acceptance parameters will be subject to:

  • Refusal and/or immediate disposal according to company HACCP procedures;
  • Request for full reimbursement, including disposal costs;
  • Recording of non-conformity in the company's disposal record;
  • Mandatory reporting to the competent Authorities (ASL, NAS, ICQRF) pursuant to articles 19 and 20 of EC Regulation no. 178/2002.

6. SUPPLIER'S RESPONSIBILITY

The delivery of non-compliant goods or the failure to transmit mandatory documentation constitutes:

  • Breach of contract pursuant to articles 1453 et seq. of the Italian Civil Code;
  • Potential violation of criminal provisions concerning commercial fraud (art. 515 c.p.) and adulteration of foodstuffs (art. 440 c.p.).

7. ACCEPTANCE OF OBLIGATIONS

The delivery of goods to Candy Magic Store implies the full and unconditional acceptance of all the obligations described above. The supplier declares to be aware of the applicable legislation and to operate in full compliance with it.

For any prior clarification, the supplier is required to contact Candy Magic Store before shipping the goods.

Candy Magic Store — Food Business Operator (FBO)