1. GENERAL CONDITIONS OF SALE
These general terms and conditions of sale (hereinafter “General Terms and Conditions”) regulate the purchase made online on the website “https://www.orgoliodellapoderina.com” in accordance with Italian law, including Legislative Decree no. 206/2005 and subsequent amendments and additions (hereinafter “Consumer Code”), as well as the rules on electronic commerce (Legislative Decree no. 70/2003).
The seller of the Products and owner of the Site is:
Azienda agricola La Poderina
Ditta individuale di Diamante Ortensia D’alessio
Strada degli Agostoli 103
53100 Siena – Italia
VAT Code: 09203110961 (hereinafter “Seller”).
The user who accesses the Site to make purchases of Products (hereinafter “Customer”) is required, before sending the order, to carefully read these General Conditions that have been made available on the Site and that can be viewed at any time by the Customer through the link contained in the email confirmation of each order to allow him/her to view and store them.
In order to purchase Products on the Site, the Customer must be of legal age.
The General Conditions may be subject to change.
2. PROCEDURE FOR THE PURCHASE OF PRODUCTS
By placing and sending the Purchase Order on the Website, the Customer declares and guarantees that he/she is of legal age and has full capacity to act in relation to the stipulation and execution of sales contracts concerning the Products and that he/she has read all the information provided during the purchase procedure.
The contract stipulated between the Seller and the Customer shall be considered concluded with the sending of a confirmation email to the email address that the Customer will have indicated during the purchase procedure on the Website.
Following unforeseen logistical and organisational difficulties, the Seller may cancel the Order by notifying the Customer via email or, subject to agreement with the same, change the day and/or time of delivery.
The characteristics and price of the various Products on sale on the Site are indicated on the page relating to each Product. It is understood that the image of the Products has the sole purpose of presenting them for sale and may not be perfectly representative of their characteristics and quality.
4. PAYMENT METHODS
The Customer may pay the price of the Products and the relevant delivery costs as he/she chooses online with the credit cards indicated on the website.
5. INVOICING OF ORDERS
If the purchase is made by a professional, it will be possible to request the issue of an invoice by sending a specific request to the email address firstname.lastname@example.org.
6. TRANSPORT AND DELIVERY
The Seller shall carry out delivery by specialised carriers specifically appointed by the same, exclusively in the territories that can be viewed at the time of choosing the place of delivery. The Products purchased on the Site shall be delivered to the address indicated by the Customer during the purchase procedure in the specific “Shipping Data” field.
Delivery requires the presence of the Customer or a person appointed by the Customer who is suitable and authorised to receive the delivery, also in relation to the nature of the Products ordered; the Customer expressly releases the Seller from any responsibility in this regard. Delivery will not be made in the event that the Customer or the person appointed by him/her is manifestly unsuitable to collect the Products due to age.
Under no circumstances may the Customer refuse to accept delivery of the Products purchased, any claims may be made in accordance with the provisions of article 9 below.
At the time of delivery of the Products, the Customer is required to check that the packaging is intact, undamaged, not wet or in any way altered, including the sealing materials. Any damage to the packaging must be indicated on the courier’s consignment note. Any Product defects or problems relating to the lack of one or more Products must be reported within 24 hours of delivery, according to the procedures provided for in Article 9 below.
7. RIGHT OF WITHDRAWAL
The Customer has the right to withdraw from the purchase contract for any reason, even partially, without the need to provide explanations and without any penalty. In order to exercise this right, the Customer must send the Seller a communication via email within 14 days from the date of receipt of the Products.
The email notice must be sent to the email address: email@example.com, and must contain in the subject line an explicit reference to the RIGHT OF WITHDRAWAL and the order number.
Once the notice has been received, the Customer Service will open a file for the return management and will inform the Customer about the acceptance of the withdrawal.
The Customer must then return the product at his/her own expense to the following address: Azienda agricola La Poderina Strada degli Agostoli 103 53100 Siena – Italy.
The right of withdrawal applies to the purchased Product in its entirety; therefore, if the Product is made of several items or parts, it is not possible to exercise the right of withdrawal only on part of the purchased Product. If the right of withdrawal is exercised, the Seller shall refund the Customer the entire amount of the returned Products within 14 days from the date on which the notice of withdrawal was received, without prejudice to the Seller’s right to suspend payment of the refund until the actual receipt of the Products. The Customer is requested to return the Products without undue delay and in any case within 14 days from the day on which he/she communicated his/her withdrawal. The deadline is met if the Customer returns the Products before the 14 days have expired. The refund will be made using the same method of payment used by the Customer, unless the Customer has expressly requested a different method. The Products must be returned in the same packaging in which they were received. Customers who are not consumers or customers who require the issuance of an invoice indicating their VAT number are excluded from the withdrawal regulations.
8. LEGAL WARRANTIES
In case of conformity defects of Products, the Customer shall immediately contact the Customer Care service at the email address firstname.lastname@example.org.
The legal warranties provided for by articles 129, 130 and 132 of the Consumer Code shall apply to the sale of the Products if the Customer is a “consumer or user” as defined in art. 3, paragraph 1, letter a), of the Consumer Code, otherwise the rules of the Civil Code relating to sale shall apply. The Customer has the right, at his/her choice and provided that the type of Product allows it, to have the conformity of the Product restored, free of charge, by means of repair or replacement, or to an adequate price reduction or to terminate the contract. It remains in any case understood that it is the Customer’s responsibility, under penalty of forfeiture, to prove the date of discovery of the defect and to provide any element necessary to identify such defect.
9. ERRORS AND LIMITATIONS OF LIABILITY
The information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which, therefore, the Seller shall not be held responsible, except in case of fraud or gross negligence. The Seller reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update the information at any time without prior notice, without prejudice to the Customer’s rights under these General Conditions and the Consumer Code. Except in the event of fraud or gross negligence, the Customer shall not be entitled to compensation for damages or recognition of an indemnity, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, caused by the non-acceptance or non-fulfilment, even partial, of an order.
10. CUSTOMER ASSISTANCE AND COMPLAINTS
Users can ask for information, send communications, request assistance or make complaints by contacting Customer Care by e-mail, writing to email@example.com.
12. APPLICABLE LAW AND JURISDICTION
The sales contract between the Customer and the Seller is established in Italy and governed by Italian law. To settle disputes relating to the interpretation, execution or termination of these General Conditions or of individual purchase orders if the Customer is a consumer pursuant to the Consumer Code, the exclusive competent court shall be the Court of his/her town of residence or domicile if located in the Italian territory; in all other cases, the territorial competence is exclusively that of the Court of Siena, any other competent court being excluded.