General conditions of sale
Conditions of sale
Terms and Conditions of Sale of the online sales service
Foreword: effectiveness of the terms and conditions of sale
These terms and conditions of sale (hereinafter, "terms and conditions") are aimed at regulating the purchase of products made at a distance and made available, via the Internet, from the website www.leterredizoe.it (hereinafter, the Site) in compliance with Italian law on distance contracts (Legislative Decree 70/2003).
This site is owned by Azienda Agricola Gerace Maria Caterina with registered office in Via Trento 35, 89013 Gioia Tauro (RC) tax code and registration with the Register of Companies 338223 - P. IVA 00322890807, and is dedicated to the retail sale of food products.
The seller is:
Farm Gerace Maria Caterina
Registered Office: Via Trento 35, 89013 Gioia Tauro (RC)
Azienda Agricola Gerace Maria Caterina complies with the regulations on contracts concluded at a distance pursuant to art. 50 et seq. of Legislative Decree 206/2005 and Legislative Decree 70/2003 and subsequent amendments and additions.
The contracts concluded at a distance with Azienda Agricola Gerace Maria Caterina through the site are governed by these terms and conditions in accordance with Italian law. The language available to conclude the contract is Italian.
The Customer is required, before sending the order, to carefully read the terms and conditions that have been made available to him/her on the Site to allow their reproduction and storage.
Art.1 - Premises
The premises form an integral part of these TERMS AND CONDITIONS OF SALE OF THE SERVICE ON LINE
Art. 2 - Definitions
1. The expression "online sales contract" means the contract for the purchase and sale of the tangible movable property of Azienda Agricola Gerace Maria Caterina , entered into between the latter and the Buyer as part of a distance sales system using telematic means.
2. The term "Purchaser" means the natural or legal person making the purchase, referred to in this contract.
Art. 3 - Object of the contract
1. Azienda Agricola Gerace Maria Caterina sells and the Buyer buys with a distance selling contract, through the internet, the food products selected and ordered by the Buyer among those included in the electronic catalogue on the website www.leterredizoe.it and currently available.
Art. 4 - Methods of conclusion of the contract
1. The contract between Azienda Agricola Gerace Maria Caterina and the Buyer is concluded exclusively through the Internet through the Buyer's access to the address www.leterredizoe.it , where, following the procedures indicated, the Buyer will formalize the proposal for the purchase of the goods referred to in point 1 of the previous article.
2. The contract is concluded, and is binding for both parties, after the exact completion of the request form and consent to the purchase and subsequent confirmation, of the registration of the purchase order made by the Purchaser by means of a message summarizing the order, sent to the e-mail address indicated by the Purchaser and/or with web screen.
3. The contract is not considered to have been perfected and effective between the parties in the absence of what is indicated in the previous point.
4. In the event of any unforeseeable depletion of stocks due to unforeseeable factors or other causes, Azienda Agricola Gerace Maria Caterina undertakes to promptly inform the Buyer via e-mail of the unavailability of the product and to refund or in any case not to charge the Buyer the corresponding price, or to inform the Buyer what is the waiting time to obtain the goods chosen, asking if he intends to confirm the order or not.
5. Azienda Agricola Gerace Maria Caterina reserves the right not to accept purchase orders that are incomplete and/or not duly filled in by sending an e-mail to the e-mail address indicated by the Buyer and/or with web screen.
Art.5 - Obligations of the Purchaser
1. The Buyer agrees to read and accept these terms and conditions.
2. The Buyer undertakes, once the online purchase procedure has been completed, to print and/or preserve these terms and conditions, which, moreover, he will have already viewed and accepted as an obligatory step in the purchase. This in order to fully meet the condition set forth in Articles 52 and 53 of Legislative Decree 206/05 and subsequent amendments and additions.
3. The Buyer is strictly forbidden to enter false and/or invented data in the registration procedure necessary to activate the procedure for the execution of this sales agreement and the related further communications. The personal data and the e-mail must also correspond exclusively to his personal data and not to those of third parties.
4. The Buyer declares to be of legal age.
Art.6 - Time and method of delivery
1. Azienda Agricola Gerace Maria Caterina assumes the burden of delivering to the Buyer, in the place indicated by him and by courier, the products selected and ordered by the same. Deliveries are possible exclusively in the Italian territory and in San Marino.
2. Deliveries are made promptly, approximately within 10 working days from the date of transmission of the purchase order confirmation by Azienda Agricola Gerace Maria Caterina. Deliveries are not made on Saturdays and public holidays.
Art.7 - Transport damage
1. In the event that the Purchaser finds any external damage to the packaging or mismatch in the number of packages, he shall immediately affix a written reservation on the Courier's proof of delivery or refuse acceptance of the damaged package by writing the reason in pen on the waybill that the Courier requests to sign upon receipt of delivery. The Buyer who has accepted the package with reservation of control and has subsequently found damage to the product must report the damage within 8 days of delivery by sending a registered letter with return receipt to Azienda Agricola Gerace Maria Caterina, Via Trento 35 89013 Gioia Tauro (RC). The Buyer must specify not only the reason for the complaint but also the purchase order number and the fiscal documentation.
2. In the event that the Buyer finds damage to the product due to transport not visible from the outside or the mismatch in the number of products received must report the damage, in the first case within 8 days of discovery and in the second within 8 days of delivery, by sending a registered letter to Azienda Agricola Gerace Maria Caterina , Via Trento 35 89013 Gioia Tauro (RC). The Buyer must specify not only the reason for the complaint but also the purchase order number and the fiscal documentation.
3. If the Buyer fails to act in the manner and within the time limits set forth in paragraphs 1 and 2 of this Article, the Buyer shall forfeit its rights to replacement or refund.
4. Following the complaint filed by the Buyer, Azienda Agricola Gerace Maria Caterina will replace the damaged product. If, for any reason, Azienda Agricola Gerace Maria Caterina is unable to replace the product, it may either refund the full amount paid or replace it with a product of equal or higher value in agreement with the Buyer.
Art. 8 - Complaint of defects and legal guarantee
1. Azienda Agricola Gerace Maria Caterina has the obligation to deliver to the purchaser goods in conformity with the contract of sale and is liable to the purchaser for any lack of conformity existing at the time of delivery of the goods.
2. The products are covered by the legal warranty of two years for defects of conformity pursuant to articles 128, 129, 130, 131, 132, 134, 135 of Legislative Decree 206/2005 and subsequent amendments and additions.
3. The warranty is reserved for the consumer as defined by Legislative Decree 206/2005 and subsequent amendments and additions.
4. The Buyer shall forfeit the warranty if he fails to notify the Seller of the lack of conformity within 2 months from the date on which he discovered the defect.
5. The legal warranty covers only the replacement of goods not in accordance with the contract of sale, as the object of the contract are food products. The warranty does not apply if the reported defects are the result of incorrect storage, handling or use or transport of the product by the consumer or in case of non-compliance with the instructions provided by the food manufacturer on the product label. Likewise, the warranty does not operate whenever the defect is attributable to the consumer's culpable or intentional conduct or is due to other causes not related to the production and transport of the product to the consumer's home.
6. In case the Buyer finds defects of conformity, he shall report the damage, within 2 months from the date of discovery of the defect, by sending a registered letter with return receipt to Azienda Agricola Gerace Maria Caterina Via Trento 35 89013 Gioia Tauro (RC). The Buyer shall specify not only the reason for the report but also the purchase order number and the fiscal documentation.
7. In the event of a lack of conformity, duly reported within the prescribed period, the purchaser shall be entitled to the replacement of the product within a reasonable period of time unless the remedy itself is objectively impossible or excessively onerous or, secondarily, shall be entitled to a reduction in price or termination of the contract. A minor lack of conformity for which it has not been possible or is excessively expensive to exercise the remedies of repair or replacement does not entitle the buyer to terminate the contract.
8. Azienda Agricola Gerace Maria Caterina reserves the right to verify the existence of the lack of conformity.
9. Azienda Agricola Gerace Maria Caterina reserves the right to inform the purchaser if it will collect the defective product from the purchaser's home.
10. The operating times for carrying out the activities related to the activation of the warranty are variable and are determined by the type of product and the nature of the defect.
11. Azienda Agricola Gerace Maria Caterina can never, in any case, be burdened with charges arising from any delay in the delivery of the replaced product or the refund of the price. In any case, except in exceptional cases, the replacement will be made within 60 days from the delivery of the defective product to Azienda Agricola Gerace Maria Caterina Otherwise, the Buyer may exercise one of the alternative remedies provided by law (termination of the contract or reduction of the price paid taking into account the possible use of the goods).
Art.9 - Right of withdrawal
1. In accordance with the law, the Purchaser may exercise the right to withdraw from the contract without specifying the reason and without the payment of penalties within 14 days from the day on which the Purchaser or a third party, other than the carrier and designated by the Purchaser, acquires physical possession of the last good where the information obligations provided for in art. 52 of Legislative Decree 206/2005 and subsequent amendments have been met.
2. In the event that the seller has not complied with the information requirements of Articles 52, paragraph 2, letter f) and g) and 53 of Legislative Decree 206/2005 and subsequent amendments and additions, the term for exercising the right of withdrawal ends 12 months after the end of the initial withdrawal period. This last term also applies in the event that Azienda Agricola Gerace Maria Caterina provides incomplete or incorrect information that does not allow the correct exercise of the right of withdrawal.
3. The right of withdrawal must be exercised by the Purchaser by sending a written notice by registered letter with acknowledgment of receipt, or by any other declaration, provided it is explicit, to be sent to the address Azienda Agricola Gerace Maria Caterina , Via Trento 35 89013 Gioia Tauro (RC), or by e-mail to firstname.lastname@example.org. If the latter method is chosen, a confirmation of receipt of said withdrawal will be immediately sent by e-mail.
4. The communication must include the name, address, purchase order number, the willingness to withdraw from the purchase and the product or products for which you intend to exercise the right of withdrawal; the Purchaser must also attach a copy of an identity document, a copy of the fiscal purchase documentation, indicate both a telephone number on which he can be contacted, and the bank details of the bank account where he or she will want to receive a refund of the amount paid.
5. In order to comply with the withdrawal period, it is sufficient to send the communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.
6. Once the notice of withdrawal has been received, Azienda Agricola Gerace Maria Caterina will inform the Buyer of the address to which to send the products to be returned and the authorization to return the products.
7. The Buyer shall send the product carefully packed in its original packaging, complete with everything originally contained, to the address provided. Shipment by the Buyer must be made by Courier or delivery to the Seller or to a third party authorized by the latter within 14 days of the communication of withdrawal from the contract to Azienda Agricola Gerace Maria Caterina Upon receipt of the products or until the Buyer has demonstrated that the goods have been returned, whichever occurs first, Azienda Agricola Gerace Maria Caterina will refund the Buyer the amount paid. For the purposes of expiration of the term, the goods shall be deemed to be returned when they are delivered to the accepting post office or to the forwarding agent.
8. In case of exercise of the right of withdrawal within fourteen days pursuant to art. 64 paragraph 1 of Legislative Decree 206/2005 and subsequent amendments and additions, the expenses incurred by the Buyer for the return of the products to Azienda Agricola Gerace Maria Caterina shall be borne by the Buyer.
9. In case of exercising the right of withdrawal within 14 days pursuant to art. 64 paragraph 1 of Legislative Decree 206/2005 and subsequent amendments and additions, the integrity of the goods to be returned is an essential condition.
10. In the event of exercising the right of withdrawal within 14 days pursuant to art. 64 paragraph 1 of Legislative Decree 206/2005 and subsequent amendments and additions, Azienda Agricola Gerace Maria Caterina will refund the sums paid by the Buyer within 14 days of the day on which it is informed of the Buyer's decision to withdraw from the contract using the same form of payment used by the Buyer for the initial transaction, unless otherwise expressly agreed with the Buyer.
11. Reimbursement may be suspended until receipt of the goods or until the Buyer proves that the goods have been returned, whichever is earlier.
Art. 10 - Prices
1. All sales prices of the products displayed and indicated on the website www.leterredizoe.it constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code.
2. The Buyer shall pay Azienda Agricola Gerace Maria Caterina for the products purchased the price indicated in the online catalogue at the time the Buyer placed the order. This price will be expressed in Euro and will include VAT.
3. The shipping costs of the products, where applicable charged to the Buyer, will be applied according to the prices indicated in the appropriate section published on the website www.leterredizoe.it, which the Buyer has read before placing the order.
4. The prices of the products can be updated and therefore subject to daily variations.
5. There are no minimum amounts for placing an order.
Art.11 - Contribution to shipping costs
1. The buyer will pay to Azienda Agricola Gerace Maria Caterina, as a contribution to shipping costs, the fixed amount of € 8.50 for amounts up to € 49.99; no shipping costs will have to be paid for amounts over € 49.99.
Art.12 - Promotions and gifts
1. Any proposed promotions and the offer of any free products are valid while stocks last and within the purchase limits indicated on the site and www.leterredizoe.it. Promotional products can be delivered in promotional packages, different from those published on the site www.leterredizoe.it.
2. Any discount codes received are not cumulative, they do not apply to other promotions already in progress and to the calculation of the minimum threshold of 50 € to obtain free shipping.
3. No replacement or return is possible in relation to any products received free of charge from the Buyer.
Art.13 - Responsibility
1. Azienda Agricola Gerace Maria Caterina does not assume any responsibility for inefficiencies attributable to force majeure of any nature or kind, in the event it fails to execute the contract within the agreed time.
2. The following are causes of force majeure, by way of example, accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events, as well as measures taken by the Public Authorities, strikes by employees of Azienda Agricola Gerace Maria Caterina or its carriers, and any other circumstance that is beyond the control of the latter.
3. Without prejudice to the provisions of Article 8 of EU Directive 97/7 and Article 56 D. Legislative Decree 206/2005 and subsequent amendments and additions, Azienda Agricola Gerace Maria Caterina accepts no responsibility for any fraudulent use made by third parties of the credit card data provided by the Buyer.
4. Azienda Agricola Gerace Maria Caterina shall not be held responsible, except in the case of wilful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the Internet network beyond its control or that of its subcontractors.
5. Furthermore, Alce Nero S.p.A. will not be liable for damages, losses and costs incurred by the Purchaser as a result of the non-performance of the contract for reasons not attributable to him, as the Purchaser is only entitled to a full refund of the price paid and any additional charges incurred.
Art.14 - Methods of payment and invoicing
1. The Buyer will pay for the products ordered in the following ways: credit card (also prepaid) and/or Paypal and/or Cash on delivery and/or cash on delivery.
2. The credit cards accepted by Azienda Agricola Gerace Maria Caterina are: Visa, VPay, Visa Electron, Mastercard, Maestro.
3. Once the payment method has been chosen, the buyer will be directed to the relevant site to make the transaction and conclude the payment.
4. In case of payment by bank transfer the same should be made IBAN IT28 Z034 7501 605C C001 0457 909 made out to Gerace Maria Caterina. In the reason for payment you must enter your first name/surname, the order number and the reference to the online shop (e.g. Mario Rossi - order 30150 - Le terre di zoè Shop) sending a copy of the payment receipt to email@example.com. The order will be processed after receipt of credit.
5. The payment will include the shipping costs, where applicable, to be borne by the Buyer, according to the terms of the offer published on the website www.leterredizoe.it .
6. Azienda Agricola Gerace Maria Caterina will send the invoice by certified electronic mail (PEC) to the address indicated in the order, only to Buyers registered with a VAT number and who have requested it by "checking" the appropriate box on the check out page. For all others, the order confirmation email is valid as a receipt of the order.
7. For the issuance of the tax document, the indications provided by the Buyer at the time of the order will be considered as valid. No changes will be possible after the issuance of the tax document. To this end, the Purchaser undertakes to carefully check the data entered at the time of the order, as these will be used for accounting records.
Art.15 - Termination of the Contract and Express Resolution Clause
1. The obligations assumed by the Buyer in art. 2 above (Obligations of the Buyer), as well as the guarantee of the successful completion of the payment to be made by the Buyer, are essential, so that, by express agreement, the breach by the Buyer of only one of these obligations will result in the legal termination of the contract pursuant to art. 1456 of the Italian Civil Code, without the need for a judicial decision, without prejudice to the right of Azienda Agricola Gerace Maria Caterina to take legal action for compensation for further damages.
Art.16 - Security
1. Online transactions by credit card and Paypal are carried out on the respective sites, through secure servers that adopt the SSL (Secure Socket Layer) protection system. This protocol allows you to communicate in a way designed to prevent the interception, modification or falsification of information.
2. Azienda Agricola Gerace Maria Caterina is never aware of the data of the customer's Credit Cards or Paypal account.
Art.17 - Modifications
1. Azienda Agricola Gerace Maria Caterina reserves the right to change these terms and conditions at any time, publishing on the site and www.leterredizoe.it the version updated from time to time.
2. Any new clauses will be effective for purchases made after the date of the change.
Art.18 - Applicable law
1. This contract is governed by Italian law. These terms and conditions refer, for anything not expressly provided for herein, to Legislative Decree 206/05 and subsequent amendments and additions.
Art.19 - Jurisdiction
1. Any dispute relating to the application, execution, interpretation of this contract entered into online through the site www.leterredizoe.it is subject to Italian jurisdiction.
2. For disputes arising between the Parties in relation to this contract, the court of the Buyer's place of residence or domicile shall have jurisdiction if located in the territory of the Italian State.
3. If the Purchaser's residence or domicile is not located in the territory of the Italian State, the Court of the place where the delivery of the goods took place shall have jurisdiction.
Art. 20 - Protection of confidentiality and processing of Buyer's data
1. Azienda Agricola Gerace Maria Caterina , independent data controller of the Buyer's data, protects the privacy of its customers and guarantees that the processing of the data complies with the provisions of the privacy legislation pursuant to Legislative Decree 196/2003 and EU Regulation 679/2016.
2. The personal and fiscal data acquired directly and/or through third parties by Azienda Agricola Gerace Maria Caterina , independent data controller, are collected and processed in printed, computing, telematic form, in relation to the methods of treatment with the purpose of registering the order and activate the procedures for the execution of this contract and the necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow an effective management of business relationships to the extent necessary to better perform the service required (art. 24, paragraph 1, lett. b, d.lgs. 196/2003 and Art. 6 of EU Regulation 679/2016).
3. Azienda Agricola Gerace Maria Caterina undertakes to treat the data and information transmitted by the Buyer confidentially and not to disclose them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may only be produced at the request of the judicial authorities or other authorities authorized by law.
4. The personal data will be communicated, after signing a commitment of confidentiality of the data, only to subjects delegated to perform the activities necessary for the execution of the contract stipulated and communicated exclusively for this purpose.
5. With regard to your personal data, we inform you that you can exercise your rights under art. 15 et seq. of EU Regulation 679/2016, as well as art. 7 of the Privacy Code, reported below:
5.1 Access to the following information
1. purpose of the processing,
2. categories of personal data in question,
3. recipients or categories of recipients to whom such personal data have been or will be disclosed, in particular if they are recipients from third countries or international organisations,
4. existence of the right of the data subject to ask the data controller to rectify or delete personal data or to limit the processing of personal data concerning him/her or to oppose their processing;
5.2 Rectification, by which I mean:
1. correction of inaccurate personal data concerning him without undue delay,
2. integration of incomplete personal data, including by providing a supplementary statement;
5.3 Deletion of data concerning you without undue delay, if:
1. the data are no longer necessary with respect to the purposes for which they were collected or otherwise processed,
2. consent is revoked and there is no other legal basis for the processing,
3. you object to the processing and there is no overriding legitimate reason for processing,
4. personal data has been processed unlawfully,
5. personal data must be deleted in order to fulfil a legal obligation,
6. personal data has been collected in connection with the provision of information society services;
5.4 Limitation of treatment:
1. if you contest the accuracy of the personal data, for the period necessary for the controller to verify the accuracy of such data
2. when the processing is unlawful and the person concerned opposes the deletion of personal data and asks instead that its use be limited,
3. when personal data are necessary for the data subject to ascertain, exercise or defend a right in court, although the data controller no longer needs them for the purposes of processing,
4. if you object to the processing under the right of objection;
5.5. Receive notification in case of correction or deletion of personal data or limitation of processing;
5.6. Data portability, i.e. the right to receive in a structured, commonly used and machine-readable format personal data concerning you and the right to transmit such data to another data controller, if necessary:
1. processing is based on the express consent of the data subject for one or more specific purposes or is carried out pursuant to a contract signed with the data subject, and
2. the treatment is carried out by automated means;
5.7 Opposition at any time, for reasons related to his particular situation, to the processing of personal data concerning him.
You have the right to lodge a complaint with a supervisory authority if you consider that your rights have not been granted to you.
To exercise the above rights, please contact the Data Controller by sending a registered letter with return receipt to Azienda Agricola Gerace Maria Caterina Via Trento 35 89013 Gioia Tauro (RC) or an email to firstname.lastname@example.org . The communication of personal data by the Buyer is a necessary condition for the correct and timely execution of this contract. Failing this, the Purchaser's request cannot be processed.
6. In any case, the data acquired will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. Their removal will in any case take place in a secure manner.
Art. 21 - How to archive the contract
1. Pursuant to art. 12 of Legislative Decree 70/2003, Azienda Agricola Gerace Maria Caterina informs the Buyer that each order sent is stored in digital form at the headquarters of Azienda Agricola Gerace Maria Caterina according to criteria of confidentiality and security.