GENERAL CONDITIONS OF SALE
Art. 1 Definitions
We invite you to carefully read the conditions below, available to the consumer for reproduction and storage pursuant to art. 12 Legislative Decree 70/2003.
This website https://www.tenutadicasteldardo.it is owned by the agricultural company Tenuta di Casteldardo di Foscolo Alvise (hereinafter referred to as the company), with registered and administrative headquarters in Via Casteldardo n. 3 – 32028Borgo Valbelluna (BL), tax code and registration in the Treviso – Belluno Company Register no. FSCLVS52C31L736O, REA BL 77885, VAT number 00267080257, PEC (Certified Electronic Mail) email@example.com; and is dedicated to the retail sale to a final consumer or other professional users (hereinafter referred to as customers) of high quality food products fresh and/or prepared by the company.
In order to proceed with purchases on the site it is necessary to register on the same. All other activities that the user can carry out on the site do not require registration.
Art. 2 Scope of application
These general conditions of sale apply to customers who fall within the definition of “consumers”, referred to in Legislative Decree 206/2005, who make purchases through the website https://www.tenutadicasteldardo.it for non-related purposes, directly or indirectly, to any commercial or professional activity carried out.
These general conditions of sale are also applied to professional user customers who make purchases through the website https://www.tenutadicasteldardo.it as part of their professional activity.
Art. 3 Acceptance of the general conditions of sale
These general conditions are valid from the day of conclusion of the contract and may be updated, integrated or modified at any time by the company, which will communicate it through the pages of the site and such updates/modifications and/or additions will be effective for the future purchases.
These general conditions of sale must be examined “online” by the customer before completing the purchase procedure. The forwarding of the purchase order confirmation, therefore, implies complete knowledge of the same and their full acceptance.
The customer, consumer or professional user, by accessing the website https://www.tenutadicasteldardo.it, will be able to conclude the contract for the purchase of the desired product, following the instructions and procedures provided for completing the order and perfecting it. of the purchase.
The customer, consumer or professional user, by sending the confirmation of his purchase order electronically, unconditionally accepts and undertakes to observe, in his relations with the company, the general and payment conditions illustrated below, declaring that he has read and accepting all the indications provided by him pursuant to the above-mentioned regulations, also acknowledging that the company does not consider itself bound to different conditions unless previously agreed in writing.
Sales operations are regulated for the consumer by the provisions of Legislative Decree no. 6 September 2005. 206 and subsequent amendments and additions, while the protection of confidentiality is subject to the provisions of Legislative Decree no. 30 June 2003. 196, (“Personal data protection code”) and art. 13 of EU Regulation no. 2016/679 (“European General Regulation on the Protection of Personal Data”) to which please refer for further information.
Art.4 Object of the contract
Through the website https://www.tenutadicasteldardo.it, the company offers an online sales service of high quality fresh and/or prepared food products such as: essential characteristics are explained within each product sheet.
Art. 5 Conclusion of the contract
These conditions of sale constitute an offer to the public.
For the conclusion of the contract, acceptance of the same by the customer is necessary.
Acceptance is manifested by following the instructions on the screen, by promptly completing all the sections and by opting in by selecting the wording “Acceptance of Conditions of Sale and Privacy Law”.
For professionals, orders are expressly declared irrevocable for the entire time expected for delivery and, in any case, for 30 days from the date of the order.
Receipt of the order does not bind the company until it has processed the order with written communication or with the shipment of the goods.
Based on warehouse availability, the company has the right to accept even partially the order received. In this case the contract will be considered perfected in relation to the confirmed goods.
Each order will be accompanied by a regular commercial invoice or in any case by another certified documentx companion and/or a regular receipt.
Art. 6 Sales prices
All prices displayed on the website https://www.tenutadicasteldardo.it are expressed in euros and include VAT or any other tax due by law.
In relation to the price of the product, before confirming the order, the company reserves the right to communicate any errors contained in the product sheet and/or variations.
If this eventuality occurs, the company will promptly inform the customer by sending a communication, to guarantee the customer the possibility of canceling the order.
If the customer decides to follow up on the order, he accepts the price as modified, without prejudice to the fact that, in case of discrepancies, the new price will prevail.
In any case, the company will have the right to conform and/or modify the price indicated and in this case the customer will be able to withdraw before delivery if the final price is excessively high compared to the one originally agreed.
The company reserves the right to verify the regularity of advance payments, made by credit card, debit card and bank transfer, before accepting the order.
Art. 7 Shipping costs
For the final consumer customer, shipping costs are free in case of purchase with a minimum purchase of €99. Otherwise, the costs are borne by the customer.
For the professional customer, shipping costs are borne by him, unless otherwise agreed in writing with the company.
The cost of shipments will be made known to the customer before confirming the order.
The prices of the different types of transport refer to the weight, size, delivery destination and/or any other services requested (insurance, delivery times, change of destination address, etc.).
Art. 8 Payment methods
It will be possible to make payment by choosing from the following methods:
Art. 9 Delivery / receipt of the product
The company will deliver the order to the address indicated by the customer, in the manner provided for in these general contract conditions.
The purchased goods will be delivered within the deadlines set by Legislative Decree 206/2005 (30 days). No responsibility can be attributed to the company for delayed or failed deliveries attributable to causes of force majeure or unforeseeable circumstances.
Upon receipt, the customer is required to verify the conformity of the product delivered to him with the order placed; only after this verification will it be necessary to proceed with signing the delivery documents, obviously excluding the right of withdrawal. Unreserved acceptance of the products extinguishes any liability of the company for any defects.
While the company does everything possible to ensure that the product is delivered intact, it recommends the customer to always carry out a careful check of the conformity of the product delivered to him, taking into account any type of anomaly that it may present.
If the product is damaged, adulterated or modified in its organoleptic composition, the company invites the customer not to take or ingest the product itself and to report the damage via the contact details previously indicated.
The company is not responsible for damage caused by the intake of a product that is adulterated or damaged in its organoleptic composition, due to failure to verify by the customer
The company is not responsible for damage or delays in delivery caused by the carrier to the purchased products, remaining totally unrelated to the relationship between the carrier and the customer.
The customer has the right to choose another carrier, it being obviously understood that, even in this case, the transport will take place at his sole risk, care and expense, and that payment must be made in advance of delivery.
The company reserves the right to charge the customer any additional costs due to changes made to the delivery address not promptly communicated.
If the end consumer customer refuses to receive or is unable to receive delivery of the product in compliance with the provisions of these general conditions of sale, all risks associated with loss or damage to the products will in any case be borne by him.
In this case, the company will be able to:
• request immediate and full payment for the products and carry out delivery by any means deemed appropriate, or store the products at the complete risk and expense of the customer;
• in any case request payment of all storage and storage costs of the products and any other additional expenses incurred due to the refusal or inability to receive the delivery;
• cancel the order and dispose of the products, without prejudice to your right to compensation for damage caused by the customer, in addition to the risks and expenses mentioned above.
The client professional will not have the right to refuse the products, in whole or even partially, and will have to proceed with payment in full.
In the event of a defect or damage affecting the product, to be reported no later than 10 days after their discovery, the company undertakes to return the price of the product, subject to verification of the same by the company.
To this end, the customer must return the defective product at his own expense, without tampering with it, adulterating it, replacing it and without dispersing its contents, in order to allow the company to carry out all the necessary checks.
If the checks are successful, the company undertakes to guarantee the refund of the price of the product (including shipping costs) that is actually found to be defective, or alternatively the replacement of the product.
Art. 10 Availability of products
The customer will be able to purchase the products as per the “online” catalog published on the website https://www.tenutadicasteldardo.it, in the quantities available in stock.
In relation to fresh products, the company specifies that these are occasional sales linked to the supply and seasonality of the product.
Art. 11 Responsibility
The company assumes no responsibility for disservices attributable to force majeure such as accidents, strikes and/or lockouts, earthquakes, floods and other similar events that prevent, in whole or in part, the execution of the contract within the agreed times.
The company will not be liable to any party or third party for damages, losses and costs suffered as a result of failure to execute the contract for the causes mentioned above, the final consumer customer having the sole right to a refund of the price paid.
Art. 12 Guarantees and assistance methods
The company markets high quality products and offers a guarantee whose minimum duration depends on the type of product purchased, based on Applicable Law. The warranty starts from the day of purchase and is indicated on the product itself.
All product descriptions, illustrations, depictions, details, dimensions, data relating to presentations and any other information available on the website https://www.tenutadicasteldardo.it must be understood as general illustrations of the products and do not represent in any way a guarantee or declaration of conformity of the products thereto.
Art. 13 Customer obligations
The consumer customer undertakes and undertakes, once the purchase procedure has been concluded, to print these general contract conditions, in order to fully satisfy the conditions set out in Legislative Decree no. 206/2005 (Consumer Code) and to check them periodically by connecting to the website https://www.tenutadicasteldardo.it. In the event of modifications, the consumer undertakes to reprint and preserve them, as modified.
The customer declares to be of age and to possess the legal capacity necessary to sign a contract having the force of law between the arts and that the information provided at the time of placing the order is updated, accurate and sufficient for the fulfillment of the order. ‘order.
The customer is strictly prohibited from entering false and/or invented and/or imaginary data in the registration procedure necessary to activate the process for the execution of this contract and the related further communications; the personal data and email must be exclusively your real personal data and not that of third parties, or fictitious ones.
It is expressly prohibited to make double registrations corresponding to a single person or enter data of third parties. The company reserves the right to legally prosecute any violation and abuse, in the interest and protection of consumers.
The customer indemnifies the company from any liability deriving from the issuing of incorrect tax documents due to errors relating to the data provided by the customer, the customer himself being solely responsible for the correct insertion.
Art. 14 Right of withdrawal
Pursuant to art. 64 Legislative Decree: 206/2005, the consumer customer, who for any reason is not satisfied with the purchase made, has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 14 days from receipt of the product. The consumer customer can exercise the right of withdrawal by returning the product received in its original packaging, obtaining a refund of the price paid.
The deadline for returns is 10 days from exercising the right of withdrawal.
To exercise the right of withdrawal, the product must be returned intact (therefore not opened, tampered with or adulterated). The company will accept the returned goods, reserving the right to contest the integrity of the product.
Within 30 days of communication
upon exercising the right of withdrawal, the company will refund the sums paid for the purchase of the product.
The right of withdrawal is excluded in the following cases:
• for products packaged “to measure” or at the specific request of the customer or which by their nature cannot be returned;
• for fresh food products or which by their nature are subject to deterioration in the short term;
• for products returned damaged, opened, tampered with and adulterated due to fault attributable to the customer.
The rules on the right of withdrawal also apply to the professional customer who must return the goods in perfect condition, preserved in their packaging, not tampered with, adulterated or opened or damaged in any way, providing adequate reasons for exercising the right of withdrawal .
Art. 15 Communications
Any communication or notice in relation to these conditions must be made by registered mail with return receipt or to the addresses indicated in the contact section or by PEC (Certified Electronic Mail) to the address firstname.lastname@example.org;.
Each communication is considered received upon receipt of the registered letter with return receipt; in the case of PEC (Certified Electronic Mail) it is considered received at the time and date of confirmation of the opening of the PEC (Certified Electronic Mail) by the recipient.
Art. 16 Contractual termination and express termination clause
The company has the right to terminate the stipulated contract by simply notifying the customer indicating the reason; in this case the customer will only have the right to a refund of any sum already paid.
The obligations assumed by the customer on the basis of these contractual conditions, as well as the guarantee of successful payment, are essential in nature, so that by express agreement the customer’s failure to fulfill even one of the aforementioned obligations will determine the legal termination of the contract ex article 1456 of the civil code, without the need for a judicial ruling, without prejudice to the company’s right to take legal action for compensation for further damage.
Pursuant to art. 1456 of the civil code, the party who intends to make use of the resolution will notify the other party by sending a registered letter with return receipt or PEC (Certified Electronic Mail), indicating the reason; the effects of the resolution start from the date of receipt of the termination notice resulting from the receipt returned to the terminating party and the buyer will have the exclusive right to the refund of any sum already paid.
Art. 17 Privacy, cookies, and conditions of use of https://www.tenutadicasteldardo.it
For the privacy regulations, cookies and conditions of use of the website https://www.tenutadicasteldardo.it, please refer to the specific dedicated sections.
Art. 18 Applicable Law