GENERAL CONDITIONS OF SALE |
These general conditions of sale (hereinafter the "General Conditions") apply to all purchases made by a natural person (hereinafter the "CUSTOMER") on the website lapesenata.it (hereinafter the "SITE") from Società Agricola La Pesenata, Società Semplice i registered in the trade and companies register of Verona with number VR - 435604 , with registered office in Località Palù Della Pesenata 2, 37017 Lazise (VR), Italy, Tel. : 045 9815725, Fax : 045 9815725, e-mail : info@lapesenata.it (hereinafter the "SELLER").
ARTICLE 1. DEFINITIONS
- "CUSTOMER". means the contractual partner of the SELLER, who acts as a consumer as defined by Italian law and jurisprudence, that is "a natural person acting for purposes unrelated to any entrepreneurial, commercial, handicraft or professional activity carried out".
- "DELIVERY". i means the delivery address of the PRODUCTS communicated by the CUSTOMER at the time of order.
- "Products". means all products available and offered for sale on the SITE.
- "Territory means Italy.
ARTICLE 2. OBJECT
The CUSTOMER is clearly informed and acknowledges that the SITE is intended for consumers and that professionals should contact the SELLER's sales department in order to benefit from separate contractual conditions.
ARTICLE 3. ACCEPTANCE OF THE CONDITIONS
These General Terms and Conditions are referred to at the bottom of each page of the SITE by means of a link and should be consulted before the order is placed. The CLIENT is requested to read carefully, download and print the General Conditions and to keep a copy of them.
The SELLER advises the CUSTOMER to read the General Conditions with each new order, applying the latest version of these Conditions to each new order of PRODUCTS.
By clicking on the first button to transmit the order and then on the second button to confirm such order, the CUSTOMER acknowledges having read, understood and accepted the General Conditions without limitation or reservation.
ARTICLE 4. PURCHASE OF PRODUCTS ON THE SITE
The CUSTOMER will be asked to provide information enabling his/her identification by filling in the form available on the SITE. The sign (*) indicates the fields that must be filled in for the CUSTOMER's order to be processed by the SELLER. The CUSTOMER can check the status of his order on the SITE. The CUSTOMER can check on the SITE the status of his order. The CUSTOMER can check the DELIVERIES, if applicable, by using the online tracking tools of some carriers. The CUSTOMER may also contact the SELLER's sales department at any time, at info@lapesenata.it, to obtain information on the status of his order.
The information that the CUSTOMER provides to the SELLER when placing an order shall be complete, accurate and up-to-date. The SELLER reserves the right to ask the CUSTOMER to confirm, by all appropriate means, his identity, his eligibility and the information communicated.
ARTICLE 5. ORDERS
The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CUSTOMER must receive in accordance with the applicable law.
The CUSTOMER undertakes to read this information carefully before placing an order on the SITE.
Unless expressly stated otherwise on the SITE, all PRODUCTS sold by the SELLER are new and comply with the applicable European legislation and standards in Italy.
Orders for PRODUCTS are placed directly on the SITE. In order to place an order, the CUSTOMER must follow the procedure described below (note, however, that the various stages of the procedure may differ slightly depending on the CUSTOMER's home page).
The CUSTOMER must select the PRODUCT(s) of his choice by clicking on the PRODUCT(s) in question and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, it is placed in the CUSTOMER's shopping cart. The CUSTOMER can then add as many PRODUCTS as he/she wishes to the basket.
Once the PRODUCTS have been selected and placed in the shopping cart, the CUSTOMER must click on the cart and check that the contents of the order are correct. If they have not already done so, the CUSTOMER will then be asked to identify themselves or register.
Once the CUSTOMER has validated the contents of the shopping cart and been identified/registered, an automatically completed online form will appear summarising the price, applicable taxes and any delivery charges.
The CUSTOMER is invited to verify the content of the order (including the amount, characteristics and codes of the PRODUCTS ordered, billing address, payment method and price), before validating the content.
The CUSTOMER can then proceed to pay for the PRODUCTS following the instructions that appear on the SITE and provide all the information necessary for invoicing and DELIVERY of the PRODUCTS. For PRODUCTS for which options are available, these specific codes appear when the correct options have been selected. Orders placed must include all information necessary for their correct processing.
Once the above procedure has been completed, a page for confirmation of receipt of the CUSTOMER's order is displayed on the SITE. A copy of the confirmation of receipt and the order is automatically sent to the CUSTOMER by email, provided that the email address provided in the registration form is correct.
The SELLER shall not send confirmation of the order by post or fax.
During the ordering process, the CUSTOMER shall enter the information required for invoicing (the sign (*) indicates the fields that must be filled in for the CUSTOMER's order to be processed by the SELLER).
The CUSTOMER must clearly indicate all information relating to the DELIVERY, in particular the exact DELIVERY address and any access code to the DELIVERY address.
The CUSTOMER must also specify the chosen method of payment.
Neither the order form that the CUSTOMER creates online nor the confirmation of receipt of the order that the SELLER sends to the CUSTOMER by e-mail constitute an invoice. Regardless of the method of order or payment used, the CUSTOMER shall receive the original invoice upon DELIVERY of the PRODUCTS, inside the packaging.
The order date is the date on which the SELLER acknowledges receipt of the online order. The terms indicated on the SITE shall commence on that date only.
For all PRODUCTS, the CUSTOMER will find on the SITE the prices displayed in Euros including taxes, and the applicable delivery charges (based on the weight of the package, excluding packaging and gifts, the delivery address and the carrier or mode of transport selected).
In particular, prices include value added tax (VAT) at the rate in force on the date of the order. Any change in the applicable rate may affect the price of PRODUCTS from the date on which the new rate comes into force.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The prices of SELLER's suppliers are subject to change. Consequently, the prices shown on the SITE may vary. They may also be changed in case of special offers or sales.
The prices indicated are valid unless there are obvious errors. The applicable price is the price indicated on the SITE on the date the order is placed by the CUSTOMER.
The SELLER undertakes to deliver the PRODUCT on the date or within the term indicated to the CUSTOMER, unless the parties have agreed otherwise.
In principle, the unavailability of a PRODUCT is indicated on the page of the PRODUCT in question. CUSTOMERS may also be informed by the SELLER of the restocking of a PRODUCT.
In any case, if the unavailability has not been indicated at the time of the order, the SELLER undertakes to promptly inform the CUSTOMER if the product is not available.
If a PRODUCT is not available, the SELLER may propose, if the parties agree, an alternative PRODUCT of equivalent quality and price, accepted by the CUSTOMER.
If the CUSTOMER decides to cancel his order of unavailable PRODUCTS, he will receive a refund of all amounts paid for unavailable PRODUCTS within thirty (30) days of payment.
ARTICLE 6. RIGHT OF WITHDRAWAL
ARTICLE 7. PAYMENT
The CUSTOMER may pay for his PRODUCTS online on the SITE in the manner proposed by the SELLER.
The CUSTOMER warrants to the SELLER that he/she is in possession of all the authorisations necessary to use the chosen method of payment.
The SELLER shall take all necessary measures to ensure the security and confidentiality of the data transmitted online as part of the online payment on the SITE.
In this respect it should be noted that all payment-related information provided on the SITE is transmitted to the SITE's bank and is not processed on the SITE.
In the event of a one-off payment by credit card, the CUSTOMER'S account will be debited at the time the order is placed for PRODUCTS on the SITE.
In the event of partial DELIVERY, the total amount will be debited from the CUSTOMER'S account as soon as the first package is shipped. If the CUSTOMER decides to cancel the order of unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these General Terms and Conditions.
If the bank refuses to debit a card or other means of payment, the CUSTOMER shall contact the SELLER's Customer Service to pay for the order by another valid means of payment.
If for any reason, opposition, rejection or other, the transmission of the amount due by the CUSTOMER proves impossible, the order will be cancelled and the sale will be automatically terminated.
ARTICLE 8. EVIDENCE AND ARCHIVING
The SELLER agrees to store this information in order to ensure the traceability of the transactions and to produce a copy of the contract upon request of the CUSTOMER.
In the event of a dispute, the SELLER shall have the opportunity to prove that its electronic tracking system is reliable and guarantees the integrity of the transaction.
ARTICLE 9. TRANSFER OF OWNERSHIP
The foregoing provisions shall not preclude the transfer to the CUSTOMER, upon receipt by the latter or by a third party designated by him/her, other than the carrier, of the risks of loss or damage to the PRODUCTS which are the subject of the reservation of title and the risks of damage which they may cause.
ARTICLE 10. DELIVERY
ARTICLE 11. PACKAGING
CUSTOMERS undertake to comply with the same standards when returning PRODUCTS under the conditions set out in Appendix 1 - Withdrawal Policy.
ARTICLE 12. LEGAL GUARANTEE
2. Consumer goods are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist:
(a) they are fit for the purpose for which goods of the same type are normally used;
(b) they conform to the description made by the seller and possess the qualities of the goods which the seller has presented to the consumer as a sample or model;
(c) they have the quality and performance which are customary in goods of the same type and which the consumer may reasonably expect, taking into account the nature of the goods and, where appropriate, any public statements on the specific characteristics of the goods made in this respect by the seller, the producer or his agent or representative, particularly in advertising or on labelling;
(d) they are also fit for the particular purpose intended by the consumer and brought to the seller's attention by the latter at the time of the conclusion of the contract, and which the seller has accepted, even by implication.
The SELLER shall be liable for conformity defects existing at the time of delivery and for conformity defects resulting from the packaging, from the assembly instructions or from the installation when the latter is at its charge or has been carried out under its responsibility.
The SELLER is liable when the lack of conformity becomes apparent within the term of 24 months from the date of delivery of the PRODUCT, even if at that date the defect was not immediately apparent. In order to assert it, the CUSTOMER must notify the SELLER of the presence of the defect within 2 months of its discovery. The action deriving from a conformity defect shall expire within 26 months from the delivery of the PRODUCT (Article 132 of the Consumer Code).
Unless there is proof to the contrary, it is assumed that the conformity defects that become apparent within the first 6 months from the date of delivery of the PRODUCT already existed on that date, unless this assumption is incompatible with the nature of the goods or the nature of the conformity defect.
The CUSTOMER must keep the receipt for the purchase of the PRODUCT, as well as the documents confirming the shipment and the delivery of the PRODUCT.
In the event of a conformity defect, the CUSTOMER may request, free of charge, the replacement or repair of the PRODUCT, at his/her discretion, unless there is a clear disproportion between the cost of the CUSTOMER's choice and the other feasible option, taking into account the value of the PRODUCT or the seriousness of the defect.
In the event that a replacement or repair is impossible or excessively expensive, the CUSTOMER may request, at its choice, an appropriate reduction in the price or termination of the contract.
After the notification of the defect, the SELLER may offer the CUSTOMER a refund of the price of the PRODUCT within thirty (30) days from receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address Località Palù Della Pesenata 2, 37017 Lazise (VR), Italy
In case of used goods, the term of liability of the SELLER is one year. (Article 134 of the Consumer Code).
It is hereby specified that this legal warranty of conformity shall apply independently of any commercial warranty which may be granted on the PRODUCTS.
Article 12.2. Warranty for hidden defects
The SELLER is obliged to provide a warranty for hidden defects of the sold PRODUCT which make it unsuitable for its intended use, or which so reduce this use that the CUSTOMER would not have purchased it or would have paid a lower price for it if he had known about them. This guarantee allows the CUSTOMER who can prove the existence of a hidden defect to choose between the remedies referred to in the preceding article.
ARTICLE 13. LIABILITY
The SELLER shall not be liable, or deemed to be in default under these General Conditions, for any delay or default when the cause of the delay or default is due to a case of force majeure as defined by the case law of the Italian courts and tribunals.
It is also specified that the SELLER does not control the websites which are directly or indirectly linked to the SITE. Consequently, any liability for the information published thereon is excluded. Links to third party websites are provided for information purposes only and no warranty is made as to their content.
ARTICLE 14. PERSONAL DATA
The SELLER collects on the SITE the personal data of the CLIENTS, including through cookies. The CUSTOMER may deactivate cookies by following the instructions provided by his/her browser.
data collected by the SELLER are used to process orders placed on the SITE, manage the CUSTOMER's account, analyse orders and, if the CUSTOMER has chosen this option, send communications for market studies, newsletters, promotional offers and/or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.
The personal data provided by the CUSTOMER shall be processed in compliance with EU Regulation 679/2016 ("GDPR") and other applicable regulations with methods suitable to guarantee their confidentiality and security, as per the specific information that will be provided to the CUSTOMER in the specific section of the WEBSITE "Privacy Policy" pursuant to Article 13 of the GDPR.
CUSTOMERS may cancel their registration at any time by logging into their account or by clicking on the hyperlink provided at the bottom of each offer received by e-mail.
data may be communicated, in whole or in part, to the SELLER's service providers involved in the execution of the order. For commercial purposes, the SELLER may transfer to its commercial partners the names and contact details of its CUSTOMERS, provided that they have given their consent when registering on the SITE.
The SELLER shall specifically ask the CUSTOMERS whether they wish their personal data to be disclosed. The CUSTOMERS may change their mind at any time by contacting the SELLER. The SELLER may also ask its CUSTOMERS whether they wish to receive commercial offers from its partners.
Pursuant to the GDPR (art. 15 et seq.) and in his capacity as data subject, the CUSTOMER has the right, at any time, to obtain confirmation of the existence or otherwise of data concerning him, to know its content and origin, to verify its accuracy or request its integration, updating or rectification, to request cancellation, transformation into anonymous form or blocking of data processed unlawfully, or to oppose the processing of data for legitimate reasons. He/she may exercise these rights by sending an e-mail to the address: info@lapesenata.it or by sending a letter to Località Palù Della Pesenata 2, 37017 Lazise (VR), Italy. Please note that the CUSTOMER must prove his identity by scanning an identity document or by sending the SELLER a photocopy of his identity card.
ARTICLE 15. COMPLAINTS
ARTICLE 16. INTELLECTUAL PROPERTY
These elements are the exclusive property of the SELLER. Any person who publishes a WEBSITE and wishes to create a hyperlink to the SITE must request in writing the SELLER's authorisation.
. Such authorisation of the SELLER shall not be granted in any case. The link shall be removed at the SELLER's request. Hyperlinks to the SITE using techniques such as framing or inline linking are strictly prohibited.
ARTICLE 17. VALIDITY OF THE GENERAL CONDITIONS
ARTICLE 18. MODIFICATION OF THE GENERAL CONDITIONS
The General Conditions bear a precise date and may be amended and updated by the SELLER at any time. The General Conditions applicable shall be those in force at the time of the order.
Amendments to the General Conditions shall not apply to PRODUCTS already purchased.
ARTICLE 19. COMPETENT COURT AND APPLICABLE LAW
Any dispute that cannot be amicably resolved shall be submitted to the exclusive jurisdiction of the Court of the place of residence or domicile of the CUSTOMER, if located in the territory of the State; otherwise, the jurisdiction shall be exclusive of the Court of ........................
. In any case, it is possible to have optional recourse to the mediation procedures pursuant to Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these General Conditions of Sale by accessing the following website: .........................In any case, it is possible to optionally resort to the mediation procedures referred to in Legislative Decree 28/2010, for the resolution of any disputes arising from the interpretation and execution of these General Sales Conditions by accessing the following website: https: //webgate.ec.europa.eu/odr.
ANNEX 1
WITHDRAWAL POLICY
Rightof withdrawal
The CUSTOMER has the right to withdraw, without giving any reason, by returning or returning the PRODUCT to the SELLER.
For this purpose, the PRODUCT shall be returned or returned without undue delay and not later than fourteen (14) days after the communication of the decision to withdraw, unless the SELLER offers to collect the PRODUCT himself/herself.
Withdrawalperiod
In accordance with article 52, paragraph 2 of the Consumer Code, the withdrawal period shall end at the expiry of fourteen (14) days from the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the PRODUCT.
In the event that the CUSTOMER has ordered multiple PRODUCTS through a single order giving rise to multiple DELIVERIES (or in the case of an order for a single PRODUCT delivered in several batches), the withdrawal period shall expire fourteen (14) days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the last PRODUCT delivered.
Notification of the right of withdrawal
The CUSTOMER may also use the form below :
SELLER'S telephone number*:
SELLER'S fax number*:
SELLER'S e-mail address*:
I hereby give notice of my withdrawal from the contract for the sale of the following PRODUCT:
PRODUCT code
Invoice no.:
Order no.: - Ordered [ ]/received [ ] - Method of payment used: - Name of CUSTOMER and, if applicable, beneficiary of the order: - Name of CUSTOMER and, if applicable, beneficiary of the order: - Name of the purchaser: of the order form:
- Ordered on [________________]/received on [________________]
- Method of payment used:
- Name of CUSTOMER and, if applicable, of the beneficiary of the order:
- Address of CUSTOMER:
- Delivery address:
- Signature of CUSTOMER (except in case of transmission by e-mail)
- Date
In order to comply with the withdrawal period, the CUSTOMER must send his communication concerning the exercise of the right of withdrawal before the withdrawal period expires.
Effects of withdrawal
In the event of withdrawal by the CUSTOMER, the SELLER undertakes to refund the full amount paid including the delivery costs (except for any additional costs arising from the CUSTOMER's choice of a delivery method other than the standard delivery method proposed by the SELLER), without undue delay and in any event within fourteen (14) days from the day on which the SELLER was informed of the CUSTOMER's withdrawal. (Article 56 of the Consumer Code).
The SELLER shall proceed with the refund using the same means of payment used by the CUSTOMER for the initial transaction, unless the CUSTOMER has expressly consented to the use of another means; in any event, the refund shall not entail any cost for the CUSTOMER.
The SELLER shall not be obliged to reimburse the additional costs if the CUSTOMER has expressly chosen a more expensive delivery method than the standard delivery method proposed by the SELLER.
The SELLER may suspend the reimbursement until the moment in which it has received the goods or until the moment in which the CUSTOMER proves to have returned the goods, whichever is earlier.
Modalities of return
The CUSTOMER shall return the goods to Località Palù Della Pesenata 2, 37017 Lazise (VR), Italy, without undue delay and in any case within fourteen (14) days from the date in which it communicates its decision to withdraw from the contract.
The deadline shall be deemed to have been met if the CUSTOMER returns the goods before the expiry of the fourteen (14) day period.
Condition of the returned good
The PRODUCT must be returned in accordance with the SELLER's instructions, and in particular it must include all the accessories supplied.
The CUSTOMER shall only be liable for the decrease in the value of the good resulting from any handling of the good other than that necessary to establish the nature, characteristics and proper functioning of this PRODUCT. In other words, the CUSTOMER has the possibility of testing the PRODUCT, but his liability may be invoked if he carries out manipulations other than those necessary.
Exclusions of the rightof withdrawal
The right of withdrawal is excluded in the following hypotheses:
Le droit de rétractation est exclu dans les hypothèses suivantes :
- The provision of goods or services whose price depends on fluctuations in the financial market
- The supply of made-to-measure or clearly customised goods
- The supply of goods which, by their nature, are liable to deteriorate or expire rapidly
- The supply of sealed audio and video recordings or computer software that have been opened after delivery
- Newspapers, periodicals and magazines (except subscription contracts)
- The provision of accommodation for non-residential purposes, transport of goods, car rental services, catering services or services related to leisure activities where the contract provides for a specific date or period of performance
- The supply of goods which by their nature are inseparably mixed with other goods
- Supplies of sealed goods that are not suitable for return for hygienic and health protection reasons and have been opened by the CUSTOMER after DELIVERY
- The supply of alcoholic beverages, the price of which has been agreed upon at the conclusion of the sales contract, the delivery of which can only take place after the expiry of 30 days and the actual value of which depends on fluctuations in the market which cannot be controlled by the SELLER
- The supply of digital content by means of a non-material medium if performance has begun with the consumer's express agreement and his acceptance that he would then lose his right of withdrawal
- contracts concluded at a public auction
ANNEX 2
DELIVERY POLICY
Delivery Zone
The PRODUCTS offered can only be delivered in the TERRITORY.
It is not possible to place an order for any delivery address located outside the TERRITORY.
PRODUCTS are shipped to the delivery address(es) that the CUSTOMER will have indicated during the order process.
Shipping Deadline
The deadlines for preparing an order and for issuing an invoice before shipping PRODUCTS in stock are indicated on the SITE. These terms do not include weekends and public holidays.
The CUSTOMER will automatically receive an email message when the PRODUCTS are shipped, provided that the email address on the registration form is correct.
Delivery terms and costs
When placing an order, the SELLER shall inform the CUSTOMER of the possible shipping terms and formulas for the purchased PRODUCTS.
Shipping costs are calculated according to the mode of delivery. The amount of these costs shall be borne by the CUSTOMER in addition to the price of the PRODUCTS purchased.
The details of the terms and costs of delivery can be found on the SITE.
If there is no indication or agreement on the delivery date, the SELLER shall deliver the PRODUCT without undue delay and in any case within thirty (30) days after the conclusion of the contract. (Article 61 of the Consumer Code).
Modalities of DELIVERY
The package shall be delivered to the CUSTOMER upon signature and presentation of an identity document.
If the CUSTOMER is absent, a notice shall be left for the CUSTOMER to request the package from the post office.
DELIVERY ISSUES
The CUSTOMER is informed of the fixed delivery date when he/she chooses the carrier, at the end of the online order process, before confirming the order.
It is specified that deliveries shall be made within a maximum of thirty (30) days. Otherwise, the CUSTOMER shall instruct the SELLER to deliver within a reasonable period and in the event of non-delivery within such period he may withdraw from the contract.
The SELLER shall refund to the CUSTOMER, without undue delay after receipt of the withdrawal notice, the total amount paid for the PRODUCTS, including taxes and shipping costs, using the same method of payment used by the CUSTOMER for the purchase of the PRODUCTS.
The SELLER shall be liable until DELIVERY of the PRODUCT to the CUSTOMER. It is reminded that the CUSTOMER has a period of three (3) days to notify the carrier of any damage or partial loss claimed at the time of delivery.
