Term e condition
Welcome to www.terredizaccanello.it (“Website”). The Website is owned and managed by Azienda Agricola Terre di Zaccanello di Milioto Federica, with registered office in via E. Spalanca 18, 92 100 Racalmuto (Agrigento) (“Seller”).
Art. 1. Scope of application
1.1 Any sale on the Site constitutes a distance contract governed by Chapter I, Title III (Articles 45 et seq.) Of Legislative Decree 6 September 2005, n. 206 (Consumer Code) and by Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce.
1.2 The General Conditions of Sale can be changed at any time. Any changes and / or new conditions will be in force from the moment of their publication on the Site. You are therefore invited to regularly access the Site and to consult, before making any purchase, the most updated version of the General Conditions of Sale as well as all the others. information that the Seller provides on the Site.
1.3 The applicable General Conditions of Sale are those in force on the date the purchase order is sent.
1.4 These General Conditions of Sale do not regulate the sale of products and / or services by parties other than the Seller who may be present on the Site through links, banners or other hypertext links. The Seller is not responsible for the provision of services and / or for the sale of products by such subjects. The Seller does not carry out any checks and / or monitoring on the websites accessible through these links. The Seller is therefore not responsible for the contents of these sites or for any errors and / or omissions and / or violations of the law by them.
1.5 The forwarding of the purchase order constitutes acceptance of these General Conditions of Sale.
Art. 3. Information and availability of the Products
3.1 The information on the Products (with the related Product codes) and their prices are available on the Website. 3.2 The Site contains information relating to the availability of each Product. The availability of the Products resulting at the time of the order is purely indicative, since the Products may be sold to others before the Order Confirmation.
3.3 The Customer can only purchase the products present in the electronic catalog at the time of placing the order and as described in detail in the relevant information sheets. The Customer may at any time request more information using the contacts on the site.
3.4 The Products available on the Website are generally a selection of the items normally available in stores. However, some Products may only be available on the Website, while other Products may not be available for online sale. It may also happen that some Products cannot be shipped to your country. If a refund is requested for the amount paid for the purchase of Products which later proved to be unavailable, the Seller will make the refund within a maximum period 15 days.
Art. 4. Prices
4.1 All the prices of the Products published on the Site are inclusive of the Value Added Tax.
4.2 The Seller reserves the right to change the price of the Products, at any time, without notice, it being understood that the price charged to you will be that indicated on the Site at the time the order is placed and that any variations (increasing or decreasing) subsequent to the transmission of the same.
4.3 Shipping costs, if any, are expressly and separately indicated in the order form, before the user proceeds to transmit it.
Art. 5. How to purchase
5.2 The Seller reserves the right to refuse or cancel orders that come from:
• by a user with whom the Seller has an ongoing legal dispute;
• by a user who has previously violated the General Conditions of Sale;
• by a user who has been involved in crimes;
• by a user who has released false, incomplete or in any case inaccurate identification data or who has not promptly sent the documents requested by the Seller to the Seller or who has sent invalid documents.
5.3 The seller reserves the right to evaluate the acceptance of orders received and may refuse or in any case not process purchase orders that are incomplete or incorrect, or in the event of unavailability of the Products or that involve the delivery of the Products ordered in some geographic areas.
5.4 The user registered on the Site guarantees that the personal information provided by him is complete and truthful and undertakes to hold the Seller harmless and indemnified from any damage, compensation obligation and / or sanction deriving from and / or in any way connected to the violation by the user of the rules on registration on the Site or on the conservation of registration credentials and / or the provision of false, incomplete or otherwise inaccurate personal data, without prejudice to the right of the Seller to disable the user’s account.
5.5 In compliance with the Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, the Seller informs you that:
• to conclude a purchase contract on the Site, you must fill in an order form in electronic format and send it to the Seller, electronically, following the instructions that will appear on the Site from time to time;
• the contract is concluded when the order form reaches the Seller’s server;
• once the order form has been received, the Seller will send you the order confirmation to the e-mail address indicated, containing:
o information relating to the characteristics of the purchase
or the indication of the price.
Art. 6. Purchase orders
6.1 The Seller will ship the Products only after receiving confirmation of the payment authorization or after the Total Amount Due has been credited. The ownership of the Products will be transferred to you at the time of shipment, to be understood as the moment of delivery of the Product to the carrier. The risk of loss or damage to the Products, for reasons not attributable to the Seller, on the other hand, will be transferred to you when you, or a third party designated by you and other than the carrier, materially comes into possession of the Products. The Service you have chosen will be carried out only after the payment of the Total Amount Due. The Seller reserves the right not to provide the service if, after submitting your purchase order, it is ascertained that you have not paid all or part of the Total Amount Due.
6.2 The purchase contract is conditional on the non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will consequently be canceled.
Art. 7. Methods of payment
7.1 The following payment methods are allowed on the Site:
a) Credit or debit card;
7.2 The charge will be made only after:
• the details of your payment card used for payment have been verified;
• the issuing company issuer of the payment card used by you will have issued the debit authorization.
7.3 The confidential data of the payment card (card number, holder, expiration date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by the Seller. The Seller, therefore, never has access to and does not store, even if you choose to store such data on the Site, the details of your payment card used to pay for the Products.
7.4 The charge will be made at the time of order transmission.
Art. 8. Delivery of the Products
8.1 The Products purchased will be delivered to the address indicated by the Customer in the order form. The delivery obligation is fulfilled by transferring to you the material availability or in any case the control of the Product.
8.2 Delivery Costs:
8.3 It is up to you to check the conditions of the delivered Product. Without prejudice to the fact that the risk of loss or damage to the Product, for reasons not attributable to the Seller, is transferred when you, or a third party designated by you and other than the carrier, materially comes into possession of the Product, the Seller recommends that you verify the number of Products received and that the packaging is intact, not damaged, nor wet or otherwise altered, even in the closing materials and you are invited, in your interest, to indicate any anomalies on the transport document of the carrier, accepting the package with reserve . In the event that the package shows evident signs of tampering or alteration, it is advisable to promptly notify the Seller. In any case, the application of the rules on the right of withdrawal (if existing for the Product) and the legal guarantee of conformity remains valid.
Art. 9. Right of withdrawal and return policies
9.1 You have the right to withdraw from the Contract if you change your mind or for any other reason, within fourteen (14) days from the date on which you (or the person indicated by you) came into possession of the Products or, in the case of delivery multiple for the same order, from the date of the last delivery. In accordance with the provisions of Article 59, lett. c), d), e) of the Consumer Code, the Consumer Customer cannot exercise the right of withdrawal for: products made to measure or clearly personalized; products that are liable to deteriorate or expire rapidly; sealed products that are not suitable for return for hygienic reasons or related to health protection and have been opened after delivery.
9.2 To exercise the right of withdrawal, the Consumer is required to inform Terre di Zaccanello of his decision to withdraw from the contract by means of an explicit declaration (for example a letter sent by post, fax or e-mail).
9.3 To exercise the right of withdrawal, the Products must be returned in their original condition, unaltered, unused, without damage, in the original packaging and with the original labels attached, together with all related accessories, gifts (if any) documents ( e.g. instruction booklet, product certificates) and protective cases included. The return of products that are not intact, altered, worn, damaged, dirty will not be accepted.
9.4 In the event of a return, please notify Terre di Zaccanello, and send the package to the address of the physical store. The Seller will verify that the package complies with the return requirements and conditions and will carry out a quality control of the Products. Only if the Products are deemed acceptable / compliant with the return requirements and conditions, the Seller will proceed with the refund. He will be notified by email once the refund has been processed. For any clarification, please contact us on 0922 195 0461 or by sending an email to firstname.lastname@example.org.
9.5 If a returned Product does not meet the conditions for the return, the Seller will re-send the Product to the address indicated by you in the return form, or, if this address is not valid, to the address communicated by you when forwarding the order. The return will be made within thirty (30) days from the date on which the Seller has notified you of the refusal of the returned Products, unless an event of force majeure occurs, an event beyond the reasonable control of the Seller or unforeseeable circumstances.
9.6 The Seller will reimburse the amounts paid by you within fourteen (14) days from the date on which the Seller received the Products or on which he proved to have returned them, whichever is the earlier. The Seller will make the refund using the same payment method you used at the time of the transmission of the initial order. If you have paid for the Products ordered with cash on delivery, if available, we inform you that the refund cannot be made in cash, therefore the refund will be made exclusively by bank transfer. We also inform you that the Seller may reduce the refund on the basis of any devaluation of the Products resulting from manipulations other than those necessary to establish the nature, characteristics and functioning of the Products.
9.7 Without prejudice to its right of withdrawal, the Seller does not offer the possibility of replacing the Products purchased online. If you wish to replace a Product, you must return it and then place a new order.
9.8 In line with the Consumer Code (Article 52, Article 58, Article 59), the right of withdrawal is not provided for goods that risk deteriorating or expiring rapidly and for that category of products that do not lend themselves to being returned for hygienic reasons.
Art. 10. Legal Guarantee All the Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by art. 128-135 of the Consumer Code (hereinafter “Legal Guarantee”). To whom it applies The Legal Guarantee is reserved for consumers. Therefore, it applies only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out. When it applies The Seller is liable to the consumer for any lack of conformity of the Product which occurs within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered. Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. Starting from the seventh month following the delivery of the Product, it will instead be the responsibility of the consumer to prove that the lack of conformity already existed at the time of delivery of the same. In order to take advantage of the Legal Guarantee, the consumer must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the consumer, for the purposes of this proof, to keep the purchase invoice or any other document that can certify the date of the purchase (for example the statement of the payment card) and the date of delivery. In the event of termination of the contract, the Seller will return the total amount paid to the consumer, consisting of the purchase price of the Product, the shipping costs and any other additional costs. In the event of a price reduction, the Seller will refund the amount of the reduction, previously agreed with the consumer. The amount of the refund or reduction will be credited to the means or payment solution used by the consumer for the purchase. The Seller is not liable in the event of damage, of any nature whatsoever, deriving from the use of the Product improperly and / or not in accordance with the instructions provided by the manufacturer as well as in the event of damage deriving from unforeseeable circumstances or force majeure. If you made the purchase as a “professional” pursuant to the provisions of the Consumer Code, the previous paragraphs of this article do not apply. The legal guarantee provided for by art. 1490 of the Italian Civil Code
Art. 11. Applicable law and competent court; out-of-court settlement of disputes – Alternative Dispute Resolution / Online Dispute Resolution
11.1 The sales contract between the Customer and Azienda Agricola Terre di Zaccanello is concluded in Italy and governed by Italian law. For the solution of any dispute deriving from the conclusion of this distance sales contract, if the Customer is a consumer, the territorial jurisdiction is that of the reference forum of his town of residence; in all other cases, the territorial jurisdiction is exclusively that of the Court where the Seller is based.
11.2 The Seller also informs the user who holds the status of consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code that a European platform has been established for the online resolution of consumer disputes (so-called ODR platform). The ODR platform can be consulted at the following address https://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online resolution procedure for the dispute in which he is involved.
Art. 12. Customer service and complaints It is possible to request information, send communications, request assistance or submit complaints by contacting the Seller in the following ways: • by calling us at 0922 195 0461; • by sending an email to this address email@example.com.