General Terms of Sale
The following General Terms of Sale govern the offer and sale of products on this website.
The products purchased on the website are offered and sold by Azienda Agricola Barbieri Adele srl Società Agricola, hereinafter referred to as AABA.
1. SCOPE OF APPLICATION
1.1 The sale of products through the website constitutes a distance contract governed by Chapter I, Title III (art. 45 et seq.) of the 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 Terms of Sale can be changed at any time. Any changes and/or new terms will be effective from the time of their publication on the website. For this reason, users are invited to access the website regularly and to consult the most updated version of the General Terms of Sale before making any purchase. The applicable General Terms of Sale are those in force on the date of sending the purchase order.
These General Terms of Sale do not regulate the sale of products and / or the provision of services by parties other than AABA that are present on the website through links, banners or other hypertext links. Before carrying out commercial transactions with these parties it is necessary to check their conditions of sale. AABA is not responsible for the provision of services and/or for the sale of products by such parties. AABA does not carry out any checks and/or monitoring on the websites accessible through these links. AABA is therefore not responsible for the contents of these websites or for any errors and / or omissions and / or violations of the law by them.
2. PURCHASES ON THE WEBSITE
2.1 With reference to Italian citizens, sales on the website are reserved exclusively for those who have reached the age of 18. The buyer who is not an Italian citizen can purchase Products on the website only if of age with respect to his/her national law. If there is no legislation in this regard, you must be at least 21 years old.
In any case, the user who makes purchases on the website undertakes to indemnify AABA from any liability in the event that he/she has made purchases on the website without respecting his/her national law regarding purchase limitations for reasons of age.
2.2 AABA reserves the right to refuse or cancel orders that come (i) from a user with whom it has an ongoing legal dispute; (ii) by a user who has previously violated these General Terms of Sale and / or the conditions and / or terms of a purchase contract with AABA; (iii) by a user who has been involved in fraud of any kind and, in particular, in fraud relating to credit card payments; (iv) by users who have released false, incomplete or in any case inaccurate identification data or who have not promptly sent AABA the documents requested by the same under these General Terms of Sale or who have sent invalid documents; (v) from users who do not give sufficient guarantees of solvency. In any case, AABA reserves the right to cancel orders referring to transactions that do not present an absolute degree of authenticity.
2.3 With regard to purchases on the website, it could occur that: the purchase process contains one or more clerical errors; the Product Sheet, as defined below, contains incorrect information due to material errors (eg: the price of the Product); by material error a Product might be indicated as available and instead might result unavailable in the order preparation phase. In these cases, or in similar cases, the user can request the cancellation of the order or obtain, in agreement with AABA, a different Product, subject to any adjustment relating to the purchase cost.
3. REGISTRATION TO THE WEBSITE
3.1 The purchase of Products on the website is allowed only to registered users.
3.2 The registration credentials must be used exclusively by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to ensure that no one has access to them, as well as to inform AABA without delay in case of suspected misuse and / or disclosure of the same. The user guarantees that the personal information provided during the registration process on the website is complete and truthful. The user agrees to hold AABA harmless 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 website or on the conservation of registration credentials. To delete the profile, please send an email to firstname.lastname@example.org
4. INFORMATION FOR THE CONCLUSION OF THE CONTRACT
4.1 In accordance with the Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, AABA informs the user that:
- to conclude the purchase contract for one or more Products on the website, the user must fill in an order form in electronic format and transmit it by electronic means to AABA, following the instructions that will appear on the website from time to time and which will accompany the different stages of the purchase;
- the contract is concluded when the order form reaches the AABA server;
- the order form will be filed in the AABA database for the time necessary to process the order and, in any case, in accordance with the law. To access his/ her order form, the user can consult his/her account.
5. VALIDITY OF OFFERS AND PRICES
5.1 All prices of the Products are expressed in Euros (€) and are inclusive of Value Added Tax (“VAT”), unless otherwise specified. Any additional cost will be expressly and separately indicated in the order form, before the user proceeds with the transmission of the same.
5.2 The price of the Products can be changed by AABA at any time, without notice, it being understood that the price charged to the user will be the one published on the information sheet that illustrates the main characteristics of the Product at the time the order is placed. Any changes (up or down) in the price subsequent to the transmission of the order will not be taken into account.
5.3 Products can be offered for sale on the website at discounted prices. The full price indicated on the website, and with respect to which the discount that AABA applies is calculated, corresponds to the list price published on the website.
6. PURCHASE ORDERS – PRODUCT INFORMATION
6.1 AABA will process the purchase order, and therefore will ship the purchased Product, only after receiving confirmation of the authorization to pay the total amount due, consisting of the purchase price, the delivery costs, if applicable, and any other additional cost, as indicated in the order form. In the event that the Total Amount Due is not paid or the successful outcome of the payment is not confirmed, the purchase contract will therefore be considered terminated by law pursuant to and for the purposes of art. 1456 of the Italian Civil code
6.2 The Products will remain the property of AABA until the User has paid the Total Amount Due. The risk of loss or damage to the Products, for reasons not attributable to AABA, on the other hand, will be transferred to the user once the user, or a third party designated by him and different from the carrier, materially comes into possession of the Products.
6.3 Each Product is accompanied by a Product Sheet. The images and descriptions on the website reproduce the characteristics of the Products as closely as possible. Furthermore, the images of the Product in the Product Sheet may differ in terms of vintage and / or size or in relation to any accessory products. These images must therefore be intended as indicative and with the tolerances of use. For the purposes of the purchase contract, the description of the Product contained in the order form sent by the user will prevail.
7. AVAILABILITY OF PRODUCTS
7.1 The products offered on the website are limited in number. It may therefore happen, also due to the possibility that several users purchase the same Product at the same time, that the ordered Product is no longer available after the transmission of the purchase order.
7.2 In any case of unavailability of the ordered Product, without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Italian Civil code, the user will be promptly informed by e-mail or by phone. The user will therefore be entitled to terminate the contract, pursuant to and for the purposes of the provisions of art. 61, IV and V paragraphs, of the Consumer Code. In the event that the user makes use of the right of termination pursuant to art. 61, IV and V paragraphs, Consumer Code or in any case in which the payment of the Total Amount Due has already been made, AABA will reimburse this amount without undue delay and, in any case, within a maximum period of 15 working days from the date of collection. This amount will normally be credited to the same payment method used by the user for the purchase or to the other means agreed between the user and AABA. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used.
7.3 In the case of orders relating to a plurality of Products, if the unavailability concerns only some Products subject to the Multiple Order, without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Italian Civil code, and without prejudice to the application of art. 7.2, AABA will immediately notify the user by email or telephone. The user will therefore be entitled to terminate the contract, limited to the Product / s that have become unavailable, pursuant to and for the purposes of the provisions of art. 61, IV and V paragraphs, of the Consumer Code. In the event that the user makes use of the right of termination pursuant to art. 61, IV and V paragraphs, Consumer Code, in relation to the Product (s) that have become unavailable or in any case in which the payment of the Total Amount Due has already been made, AABA will refund the amount due in relation to such Product (s), including delivery costs and any other additional costs due in relation to such Products without undue delay and, in any case, within a maximum period of 15 working days from the sending of the order. The refund amount will be communicated to the user via e-mail or telephone. This amount will be credited to the same means of payment used by the user for the purchase or by any means agreed between the parties. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used. The resolution of the entire Multiple Order will be possible only in the case of evident and proven accessory nature of the Products object of the Multiple Order which have become unavailable compared to the other Products object of the Multiple Order available.
8. DELIVERY OF PURCHASED PRODUCTS
8.1 Any amount of delivery costs payable by the user in relation to a specific order is expressly and separately indicated (in Euros and including VAT) during the purchase process, in the order summary and, in any case, before the user proceeds to transmit it. In the event of failure to indicate a specific delivery term, this will in any case take place within thirty days from the date of conclusion of the contract.
8.2 The delivery obligation is fulfilled by transferring the material availability or in any case the control of the Products to the user.
It is up to the user to check the conditions of the Product that has been delivered to him / that he has collected. Without prejudice to the fact that the risk of loss or damage to the Products, for reasons not attributable to AABA, is transferred to the user when the user, or a third party designated by the same and other than the carrier, materially comes into possession of the Product, it is recommended to the user to check the number of Products received and that the packaging is intact, not damaged, nor wet or otherwise altered, even in the closing materials and is invited, in his interest, to indicate any anomalies on the carrier’s transport document, accepting the package with RESERVE (eg. damaged package , wet package,…). The unreserved receipt of the Products, in fact, does not allow the user to take legal action against the courier and / or AABA, in the event of loss or damage to the Products, except in the case in which the loss or damage is due to willful misconduct or gross negligence of the courier himself and with the exception of partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as known and no later than eight days after receipt. If the packaging shows evident signs of tampering or alteration, the user is also advised to promptly notify AABA Customer Service. In any case, the application of the rules on the right of withdrawal and the legal guarantee of conformity remains valid.
8.3 The provisions of art. 61 of the Consumer Code apply in the event that the purchased Product is not delivered or is delivered late with respect to the delivery terms indicated during the purchase process and in the order confirmation.
8.4 Regardless of the excise rate established in the country of destination, the shipment of the goods will be carried out only if the buyer has provided a valid excise code, albeit temporary, issued by the customs administration and found in the database https://ec.europa.eu/taxation_customs/dds2/seed/
9. METHOD OF PAYMENT
9.1 The payment of the Products can be made by credit card, through the PayPal payment solution, cash on delivery or bank transfer. In the event that one of these payment methods / solutions cannot be used in relation to a specific Product, this will be clearly indicated on the website, at the latest at the beginning of the purchase procedure.
9.2 Payment by credit or debit card
9.2.1 Payment for the Products can be made by credit or debit card directly through the website.
9.2.2 In order to guarantee the security of payments made on the website and prevent any fraud, AABA reserves the right to ask the user, by e-mail, to send, by the same means, a front / back copy of his identity card and, in the event that the holder of the order is different from the holder of the card, the identity card of the latter. The document must be valid. The deadline by which the document must reach AABA will be specified in the e-mail request. This term will not, in any case, exceed 5 working days from the receipt of the request by the user. Pending the requested document, the order will be suspended. The user is required to send the requested documents within the indicated deadline.
9.2.3 In the event that AABA does not receive such documents within the deadline specified in the e-mail request or receives expired or invalid documents, the contract will be considered terminated by law, pursuant to and by the effects referred to in art. 1456 of the Italian Civil code and AABA may reserve the right to cancel the order, with consequent reimbursement of the Total Amount Due.
9.2.4 In case of receipt by AABA of valid documentation within the deadline indicated in the e-mail referred to in art. 9.3.2 above, the delivery terms will run from the date of receipt of the same.
9.2.5 Confidential credit card data (card number, holder, expiration date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by AABA. AABA therefore never has access to and does not store the data of the credit card used by the user to pay for the Products (even in the event that the user has decided to store the credit card data on the website), with the exception of the name of the credit card holder.
9.3 Payment via PayPal payment solution
9.3.1 Payment for Products purchased on the website can be made using the PayPal payment solution. If the user chooses PayPal as a means of payment, he will be redirected to the website www.paypal.it where he will pay for the Products according to the procedure provided and governed by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal website will be processed directly by the same and will not be transmitted or shared with AABA. The latter is therefore not able to know and does not in any way store the data of the credit card connected to the user’s PayPal account or the data of any other payment instrument connected with this account.
9.3.2 In the case of payment by PayPal, the Total Amount Due will be charged by PayPal to the user at the same time as the conclusion of the contract through the website. In the event of termination of the purchase contract and in any other case of reimbursement, for any reason, the amount of the reimbursement due to the user will be credited to the user’s PayPal account, unless otherwise agreed between the User and AABA. The credit times on the payment instrument connected to this account depend exclusively on PayPal and the banking system. Once the credit order has been placed in favor of this account, AABA will not be held responsible for any delays or omissions in crediting the user with the refund amount, regarding which, in order to dispute, the user must contact PayPal directly.
9.4 Cash on delivery
9.4.1 In the case of payment by cash on delivery, the user must have, at the time of delivery, the Total Amount Due, in cash. The courier is not authorized to accept checks. In the event that, for any reason, the customer who has chosen cash on delivery as a means of payment should be entitled to a refund, AABA will agree with the user by e-mail or telephone the methods of making this refund.
9.5 Bank transfer
9.5.1 If the user decides to pay by bank transfer, the order will be shipped as soon as AABA has received the credit of the amount relating to the order
10. RIGHT OF WITHDRAWAL
10.1 The user who acts as a consumer has the right to withdraw from the contract concluded with AABA without incurring costs other than those indicated in this article and without having to specify the reason, within fourteen (14) calendar days. The Withdrawal Period expires after these 14 days:
- in the case of an order relating to a single Product, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the Product;
- in the case of a Multiple Order with separate deliveries, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last Product;
- in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last lot or piece.
10.2. To exercise the right of withdrawal, the user must inform AABA of his decision to withdraw, before the expiry of the Withdrawal Period.
10.3 To exercise the right of withdrawal, the user must send an email to email@example.com with an explicit declaration of his decision to withdraw from the contract. Since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period is borne by the user, it is in the user’s interest to keep a copy of the email sent to AABA with the Declaration of Withdrawal.
10.4 For the return of the Product, the user can use a carrier of his choice with return costs charged to the user: in this case, the user, after exercising the right of withdrawal in the manner indicated in this article, must return the Product to AABA, using a carrier of his choice and at his own expense, without undue delay and in any case within the term of 14 calendar days from the date on which he communicated to AABA his decision to withdraw. The deadline is met if the user returns the Product before the expiry of the fourteen-day period. The Product, properly protected and packaged, must be sent to the following address:
Az. Agr. Barbieri Adele s.r.l. Società Agricola
Località Novali 1 , 34071 Cormons (GO), Italy
Tel. +39 339 6888 362 Opening Hours: 8:30-12:30 14:00-17:30
The direct costs of returning the Product to AABA are borne by the user. The return of the Product to AABA takes place under the responsibility of the user.
If the user has used a discount code for the purchase of the Product for which he has exercised the right of withdrawal, the refund will be made only with reference to the amount of money actually spent by the user, and not also with regard to the value of the discount code.
10.5 If the user withdraws from the contract, AABA will refund the Total Amount Due paid by the user for the Product, without undue delay and in any case no later than 14 calendar days from the day on which AABA received the Products subject to withdrawal in the same conditions in which they were sold. The refund will be made using the same payment method used by the user for the initial transaction or the other means agreed between the parties; in any case, the user will not have to bear any additional costs as a consequence of this refund.
10.6 In the event of partial withdrawal, the amount of the delivery costs to be returned to the user following the withdrawal will be calculated in proportion to the value of the goods subject to withdrawal.
10.7 The user is solely responsible for the decrease in the value of the goods resulting from a handling of the Product different from the necessary handlings that are necessary to recognize the Product with certainty. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, accompanied by all the accessories present, still attached to the Product and intact and not tampered with, as well as free from signs of wear or dirt. Furthermore, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and / or accessories (which do not constitute autonomous Products) of the Product.
10.8 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not give the right to any refund. AABA will notify the user, rejecting the request for withdrawal. If the Product has already been received by AABA, it will remain at AABA at the user’s disposal for collection which must take place at the user’s expense and responsibility.
10.9 In the event that the Product for which the withdrawal was exercised has suffered a decrease in value resulting from the handling of the goods different from that necessary to clearly identify the same, the refund amount will be reduced by an amount equal to this decrease in value. AABA will notify the user of the circumstance and the consequent decreased amount of reimbursement, and will provide the user, in the event that the reimbursement has already been paid, with the bank details for the payment of the amount due by the user due to the decrease in value of the product.
10.10 In the event of one of the legal hypotheses, if the right of withdrawal does not apply, this exclusion will be specifically and explicitly communicated in the Product Sheet and, in any case, during the purchase process, before the user proceeds with the transmission of the order. In any case, the user is reminded that, pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded, among other things, in the event that the sale relates to:
(i) tailor-made or clearly personalized products;
(ii) sealed products that are not suitable for return for reasons of hygiene or related to health protection, which have been opened after delivery.
11.1 By placing an order on the website, the user gives consent to receive the invoice, if requested, only in electronic format. The invoice can be printed and filed as an original in accordance with Ministerial Circular 45 / E, 19/10/2005. For the issuance of the invoice, the information provided for this purpose by the user will prevail, which he declares and guarantees to be truthful, undertaking to hold AABA harmless and indemnified from any damage, including sanctions issued by the competent authorities, which may arise in the same case of non-compliance with the truth.
11.2 AABA is a registered trademark. Photos, texts, descriptions and everything contained in the website are the property of the Azienda Agricola Barbieri Adele srl. The full or partial reproduction of any part of the website is prohibited; It is also forbidden to reproduce text or photos for any use and in any form and in any case without the prior written authorization of the Azienda Agricola Barbieri Adele srl.
11.3 AABA is not responsible for any damage suffered by the user or third parties or to property owned by the user or third parties due to delays in delivery or related to the use of the Product.
12. LEGAL GUARANTEE OF CONFORMITY
All Products sold on the website are covered by the Legal Guarantee of Conformity provided for by articles 128-135 of the Legislative Decree n. 128-135 of the Consumer Code (Legal Guarantee). The Legal Guarantee is reserved for consumers. It therefore applies only to users who have made a purchase on the website for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out. Those who have purchased on the website and who do not act as consumers will be subject to the guarantees for defects in the thing sold, the guarantee for promised quality defects and essential and the other guarantees provided by the Italian Civil code with the relative terms, forfeiture and limitations.
13. APPLICABLE LAW AND JURISDICTION; EXTRA-JUDICIAL COMPOSITION OF DISPUTES – ALTERNATIVE DISPUTE RESOLUTION / ONLINE DISPUTE RESOLUTION
13.1 The contracts concluded between the users of the website and AABA are governed by Italian law. This is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, to the deadline for returning the Products, in case of exercise of this right, the methods and formalities of the communication of the same and the legal guarantee of conformity.
13.2 Pursuant to art. 141-sexies, paragraph 3 of Legislative Decree 6 September 2005, n.206 (Consumer Code), AABA informs the user who holds the status of consumer pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code, that, in the event that he has submitted a complaint to AABA, following which it has not been possible to find a negotiated solution, AABA will provide information regarding the Alternative Dispute Resolution bodies for out-of-court resolution disputes relating to the obligations deriving from a contract concluded on the basis of these General Terms of Sale.
AABA 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 is available at the following address http:// 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.
In any case, this is without prejudice to the consumer’s right to appeal to the competent ordinary judge for the dispute arising from these General Terms of Sale.
The user who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these General Terms of Sale, to the European procedure established for disputes of modest entity, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the regulation is available on the website www.eur-lex.europa.eu.
14. CUSTOMER SERVICE AND COMPLAINTS
14.1 It is possible to request information, send communications, request assistance or submit complaints by contacting Customer Service in the following ways:
- Telephone: +39 339 6888362 (Monday to Friday: 9: 30-13: 30 and 15: 00-18: 00)
- Email: firstname.lastname@example.org
- Using the AABA contact form.
14.2 AABA will promptly respond to complaints presented, in any case within five working days of receipt of the same.