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GENERAL TERMS AND CONDITIONS OF ON-LINE SALE
1. DEFINITION AND SCOPE OF THE AGREEMENT
1.1 This distance agreement (the “Agreement”) is regulated according to article 50 and following of Legislative Decree no. 206/2005 (the “Consumer Code”). The purpose of this Agreement is the sale of bottled wine, extra virgin olive oil and beans in the EU territory between Società Agricola Salentino s.r.l., with registered office in Bari (Italy), via Marzano no. 34, ZIP code 70125, registered at the Chamber of Commerce of Bari with no. 0508740, VAT 06771710727 (hereinafter “Agricola Salentino”) and the client (the “Client”).
1.2 According to the applicable law the Client shall be deemed as “Consumer” in case of individual who act for purposes different from entrepreneurial, commercial or professional activities while as “Professional” in case of individual or entity different from individual acting in the performance of entrepreneurial, commercial or professional activity or a intermediary. Terms and conditions (“TC”) below shall apply to all Clients except for those provisions to be applied to Consumer Clients only.
1.3 Without prejudice to the above, in case of purchase of amounts exceeding 100 (one hundred) bottles or group of purchase, the order of purchase from the Client will not deemed valid and effective without a prior phone call with the staff of Agricola Salentino.
1.4 The Agreement will be valid and in force after the acceptance from Agricola Salentino of a order of purchase issued by the Client through phone, internet on the website www.pietregiovani.com (the “Website”) or email to firstname.lastname@example.org. The proposal of purchase shall contain the form of payment as better described under articles 3.1 and 3.2 below.
1.5 The TC and, in particular, the information under article 52 of the Consumer Code, as provided by Agricola Salentino and displayed on the Website shall be valid and effective until the date on which these will be amended and/or integrated by Agricola Salentino. Potential amendments and/or integrations to the TC shall be in force starting from the date on which these will be notified to public. Sales occurred after this date will be regulated by the amended TC. The last version of the TC is the one displayed on the Website.
1.6 The Agreement between Agricola Salentino and the Consumer Client is regulated by, inter alia, the dedicated provisions under Section II (Distance agreements), articles from 50 to 61 as well as Section III (Common provisions), articles 62 and 63 and Section IV (Withdrawal right), articles from 64 to 67 of the Consumer Code.
2.1 The selling prices displayed on the Website are before VAT and other taxes. Only in case of sale to Clients resident outside Italy, Agricola Salentino will notify the amount of taxes to the Client within 24 (twenty four) hours after the receipt of the order of purchase.
2.2 Selling prices of sale may be amended by Agricola Salentino at any time without any obligation to provide prior notices; it is understood that once the order of purchase is accepted, the price shall not be amended. Delivery costs shall be borne by the Client and provided in the summary e-mail sent by Agricola Salentino according to article 3.1 below. In case of order collected by phone, all data shall be repeated to the Client by the staff of Agricola Salentino.
3. ORDERS OF PURCHASE AND PAYMENT
3.1 In case of order of purchase sent through the Website or e-mail, the Client will receive a summary e-mail from Agricola Salentino containing the confirmation relevant to the collection of the order of purchase into its computer system as well as the expected delivery date. The message shall contain also all data inserted by the Client that, in any case, undertakes to check the relevant accuracy and notify potential changes within and not later than 24 (twenty four) hours.
3.2 The Agreement between Agricola Salentino and the Client will be deemed as valid and effective only after the acceptance of the order of purchase by Agricola Salentino to be notified by e-mail to the Client. Agricola Salentino is entitled, at its sole undisputable discretion, to accept or not the order of purchase sent by the Client with no claims and/or right whatsoever, even to ask compensation of damages, in case the order of purchase is not accepted.
3.3 Once the Client has received the notification from Agricola Salentino attesting the acceptance of the order of purchase, the Client shall pay the price through:
(a) irrevocable bank wire transfer to Agricola Salentino s.r.l.; bank: Banca Popolare di Bari, IBAN IT 73 M 05424 04011 000001021349, BIC/SWIFT BPBAIT3B;
(b) PayPal; or
(c) credit cards accepted by Agricola Salentino displayed on the Website.
3.4 In case the payment is made through PayPal or credit card, the order will be processed within 24 (twenty four) hours from the receipt of the payment, except for Saturday and Sunday as well as holidays according to the Italian calendar; in case the payment is made through bank wire transfer, the order will be processed within 24 (twenty four) hours from the receipt of the document attesting the payment by wire transfer, except for Saturday and Sunday as well as holidays according to the Italian calendar.
4. DELIVERY OF PRODUCTS - CLAIMS
4.1 Agricola Salentino shall send the products to the address provided by the Client according to terms under article 3 above.
4.2 The delivery terms mentioned in the e-mail used as summary document shall not be deemed as essential. Agricola Salentino will not be liable in case of direct and/or direct damages caused by breaches of the carrier.
4.3 The product travels on behalf and at the Client’s sole own risk. The delivery takes place in all EU countries through fast courier and is made at the place, reachable by the courier, closer to the address provided by the Client.
4.4 Transportation includes the unload of products. Porterage, transportation to the floor and withdrawal of packing are not included unless specific request of the Client is made in this respect. At the moment on which the delivery occurs, the Client shall check that the number of packages is the same registered in the transportation document and that the packaging is whole, not damaged and/or altered, even in relation to the relevant materials to close it. The Client shall accurately check potential marks that indicate the breaking of products such as, by way of example only, the leak of fluids. Potential damage to packages and/or products as well as differences between the number of delivered packages and/or those provided under the transport documents, shall be immediately claimed by the Client. In this respect the Client shall declare to the representative of the carrier that the delivered products are accepted subject to a reserve of control. The Client shall promptly send a communication in writing to Agricola Salentino jointly with pictures of damaged products.
4.5 Potential claims shall be sent in writing at: Società Agricola Salentino S.r.l., via Marzano n. 34, 70125 – Bari.
5. AVAILABILITY OF PRODUCTS
Agricola Salentino, as far as possible, undertakes to keep the Website updated and to remove products no longer available. If due to unforeseeable events specific products are out of stock and therefore the proposal of purchase cannot be accepted, Agricola Salentino shall promptly get in touch with the Client in order to propose alternative products or, if requested by the Client, to cancel the order. Payments already made, including potential costs borne by the Client, shall be paid back in full to the Client.
6. OBLIGATIONS OF THE CONSUMER CLIENT
The Consumer Client declares and guarantees (a) to be a consumer according to provisions under article 3 of the Consumer Code and article 1.2 of this Agreement; (b) to be 18 years old and (c) data provided for the performance of the Agreement are accurate and true and the TC have been read.
7. WITHDRAWAL RIGHT
7.1 The Consumer Client is entitled to withdraw from the Agreement, without any penalty or obligation to explain the reason for which the withdrawal right has been enforced, within 14 (fourteen) calendar days after the receipt of products. The Consumer Client is entitled to enforce the withdrawal right within the term above through registered letter with return receipt to be sent to the address provided under article 4.5 above, by email or by the dedicated form provided under the Consumer Code.
7.2 It is understood that the Consumer Client, in case of enforcement of the withdrawal right under article 7.1 above, undertakes not to open and/or modify in any way the products and to return the package in the best conditions are possible in order not to cause damages to products of Agricola Salentino.
7.3 The Consumer Client who enforces the withdrawal right above shall return the products to the address provided under article 4.5 above within and not later than 14 (fourteen) days after the notification of the decision to enforce the withdrawal right. Costs and expenses to return the products in case the withdrawal right is enforced shall be borne by the Consumer Client.
7.3 Following the enforcement of the withdrawal right by the Consumer Client and only if products are returned in good conditions, Agricola Salentino shall reimburse the whole amount received by the Consumer Client within 30 (thirty) working days.
8. CARE AND STORAGE OF PRODUCTS
8.1 Products sold by Agricola Salentino shall be kept and stored by the Client using the necessary and appropriate care connected to nature of products. By way of example only, products shall be kept in environments having a good percentage of humidity, not particularly enlightened and having a temperature not exceeding 16 (sixteen) Celsius degrees.
8.2 The Client acknowledges that the negligence and/or unskillfulness in providing the storage of products may cause damage and compromise their relevant qualities. Agricola Salentino is not liable for any damage occurred to sold products due to wrong and/or incorrect storage and/or treatment being excluded, in this case, any warranties in relation to the products.
8.3 The Client acknowledges that each product may be subject to variation of quality and taste in light of multiple factors (amongst other things and by way of example only, year of production and weather conditions) and therefore waives any claim whatsoever.
9. FORCE MAJEUR AND BREACHES OF THIRD PARTIES
9.1 Agricola Salentino is not liable in case of force majeure, unavailability of vehicles to transport the products, unforeseeable and/or not avoidable events that cause a delay of deliveries and/or make deliveries difficult or impossible or cause a sensitive increase of cost for the delivery. Agricola Salentino is not liable for damages due to facts of third parties, force majeure, failures to machineries and/or telecommunication grid, fires, explosions, riots and insurrection, acts of terrorism, strikes, floods, earthquakes, natural disasters and/or or similar events able to prevent and/or delay the delivery of products.
9.2 In cases under article 9.1 above Agricola Salentino is entitled to split, postpone or cancel, in total or in part, the delivery of products or to terminate the Agreement. In such cases Agricola Salentino undertakes to promptly and clearly communicate its decision through an e-mail to be sent to the Client. The Client, in this case, is entitled to obtain the reimbursement of the price already paid within 30 (thirty) calendar days from the date on the payment. The Client, in this case, will have no rights and/or claims of any kind whatsoever.
10. LIMITATION OF LIABILITY
Without prejudice to fraud and gross negligence, Agricola Salentino is not liable for any kind of damages, direct and/or indirect, also caused to third parties, caused from or in connection with the performance of the Agreement.
11 INTELLECTUAL PROPERTY
11.1 All marks as well as any intellectual works, hallmark or name, image, texts and/or graphic and more in general any other intangible asset protected by the law and international agreements in the sector of intellectual property displayed on the Website are in the exclusive ownership of Agricola Salentino. It is understood that the access to the Website and/or the entrance into the Agreement shall not create any kind of rights for the Client.
11.2 Any use, in total or in part, of marks and intellectual works provided under paragraph above is forbidden without the prior consent in writing of Agricola Salentino which is, unless otherwise expressly regulated, the sole and exclusive holder of all relevant rights related to marks and intellectual works in general.
The Client represents to have read the information provided under article 13 of the Legislative Decree no. 196/2003 at the same time on which the relevant on-line templates have been filled up in the section of the Website named Privacy. According to the Legislative Decree no. 196/2003 the Client also represents to know that, in case an express consent was issued during the registration process, the provided data may be used for promotional, commercial and selling purposes as well as for statistics uses through consultation, processing or comparison.
13. GOVERNING LAW AND JURISDICTION
13.1 This Agreement shall be governed by and construed and interpreted in accordance with Italian law.
13.2 All disputes arising out of or in connection with the execution and interpretation of the Agreement shall be exclusively settled by the Court of Bari.
13.3 Disputes with the Consumer Clients shall be settled by the Court of the place on which the Consumer Client has appointed the relevant domicile in the order of purchase.
The Client expressly accepts clauses under articles 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13.