TERMINI E CONDIZIONI DI VENDITA

(pursuant to Chapter I, title 3, part 3, of Legislative Decree 206/2005 and subsequent amendments and additions)

 

 

1. 1. INTRODUCTION AND EFFECTIVENESS OF THE GENERAL CONDITIONS

These general conditions of sale (hereinafter, “General Conditions”) have as their object the regulation of the purchase of products and services, carried out remotely and made available, via the internet, from the website www.poderelabranda.it (hereinafter , the “Site”) in compliance with the Italian legislation referred to in Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, the “Consumer Code”). Podere La Branda BioAgriResort – Sansoni Gioacchino Farm Strada Forocassio, 13 – 01019 Vetralla, VT Tel (+39) 0761.477174 Email: contatti@poderelabranda.it

REA n°95963 CCIAA VT

Pec: studio.sansoni@epap.sicurezzapostale.it

The consumer who accesses the Site to make purchases (hereinafter “Customer”) is required, before sending the order, to carefully read these General Conditions that have been made available to him on the Site.

In the event that the person making purchases on the Site requests an invoice and / or is not a “consumer or user” as defined in art. 3, paragraph 1, lett. a), of the Consumer Code, the withdrawal regulations pursuant to art. 7 and 8 of these General Conditions nor, more generally, the provisions that pursuant to the same Consumer Code apply only to “consumers”. Contracts concluded with Podere La Branda BioAgriResort through the Site are governed by these General Conditions in compliance with Italian law.

2. CHOOSE AND ORDER PRODUCTS

Le caratteristiche e il prezzo dei vari prodotti in vendita sul Sito (di seguito “Prodotto” o “Prodotti”) sono riportati nella pagina relativa a ciascun Prodotto.

The characteristics and the price of the various products for sale on the Site (hereinafter “Product” or “Products”) are shown on the page relating to each Product. To purchase the Products, the Customer must complete and send the order form in electronic format, following the instructions contained on the Site. The Customer must add the Product to the “Cart” and, after having read the General Conditions and the Policy of Privacy and confirmed their acceptance, will have to enter the shipping and billing data, select the desired payment method and confirm the order.

By sending the order from the Site, which has the value of a contractual proposal, the Customer acknowledges and declares to have read all the information provided to him during the purchase procedure and to fully accept these transcribed General and Payment Conditions. The receipt by Podere La Branda BioAgriResort of the contractual proposal is confirmed with a specific summary email.

After confirming receipt of the contract proposal, the Customer has 2 hours to change the order sent by immediately communicating it to the email address: contatti@poderelabranda.it. Once the 2 hours have elapsed, the order will be put into production and therefore will no longer be modifiable by the Customer.

Once the order is received, it will check the availability of stock for the fulfillment of the order itself (if the purchased product is out of stock, the check will concern the presence in the warehouse of the necessary quantity …). In the event that one or more Products are not available, Podere La Branda BioAgriResort will promptly send an email to the Customer who, within the next 12 hours, will have the right to reply to confirm the shipment of any additional Products available or cancel it. If there is no response within this period, the order will be considered confirmed and the available Products will be shipped. In this case, the entire amount relating to the missing Products will be canceled or in any case, depending on the payment method chosen, will not be charged to the Customer.

The contract stipulated between Podere La Branda BioAgriResort and the Customer must be considered concluded with the acceptance of the order by Podere La Branda BioAgriResort. This acceptance is communicated to the Customer through an email confirming the shipment of the order itself containing a reference to these General Conditions, the order number, the shipping and billing data, the list of Products ordered with their essential characteristics. and the total price, including delivery costs. Other emails, sent before the shipment of the products, are not to be considered as acceptance, implicit or explicit, of the order.

3. PRODUCT INFORMATION

The information and characteristics relating to the Products are available on the Site.

The representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description sheet. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be perfectly representative of its characteristics and quality but may differ, for example, in color and size. In the event of a difference between the image and the written product sheet, the description of the product sheet always prevails.

4. PRICES AND SHIPPING

Product prices are inclusive of all taxes and duties. All prices are expressed in Euros. Shipping costs are determined by the system and shown to the Customer before payment.

5. METHOD OF PAYMENT AND BILLING

5.1 METHODS OF PAYMENT

The Customer may pay the price of the Products and the related delivery costs through PayPal.

PAYPAL

Once the order has been confirmed, the Customer will be redirected to the PayPal site where he can make payment with his account or using a card, even prepaid, or in any case according to the methods accepted by Paypal and in compliance with the relevant conditions.

5.2 INVOICING ORDERS

If the purchase is made by a VAT number holder, it will be possible to request the issuance of the invoice by sending the billing data including tax code, VAT number, company name, name, address and SDI code to the address contacts@poderelabranda.it . In this case, the courtesy invoice in pdf format will be sent by email to the address indicated. The VAT number holder is responsible for the correct insertion of the billing data and is expressly informed that, in case of failure to request the invoice during the order, it will not be possible to request it later.

6.TRANSPORT AND DELIVERY

The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure in the appropriate “Shipping Data” field.

All purchases will be delivered by normal postal service or by express courier (hereinafter, “Courier”) from Monday to Friday, excluding holidays and national holidays. Podere La Branda BioAgriResort is not responsible for unforeseeable delays or those not attributable to it.

In the case of untracked shipments, Podere La Branda BioAgriResort cannot be held responsible for any loss of the package shipped.

Once the Products have been shipped, the Customer will receive a confirmation email.

In any case, except in cases of force majeure or unforeseeable circumstances, the Products ordered will be delivered within a period of five working days starting from the day following that in which Podere La Branda BioAgriResort confirmed the order to the Customer by means of a specific email order confirmation, or other date if expressly agreed between the Parties.

Active delivery services in Italy:

GLS

The conditions relating to this transport are shown on the website of GLS, the service provider. In any case Podere La Branda BioAgriResort reserves the right to use other couriers at any time in the event that the service offered by such couriers is more efficient and effective.

7. RIGHT OF WITHDRAWAL

The Customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, except for the cases of exclusion explicitly provided for in point IV below. To exercise this right, the Customer must send a written communication to Podere La Branda BioAgriResort within 14 days from the date of receipt of the Products. If you intend to exercise the withdrawal before having received the Products, the notice of withdrawal may be sent at any time prior to their receipt.

This communication must be sent by registered letter with return receipt, addressed to:

PODERE LA BRANDA  BioAgriResort– Azienda Agricola Sansoni Gioacchino

Strada Forocassio, 13 – 01019 Vetralla, VT

Or by certified email addressed to studio.sansoni@epap.sicurezzapostale.it

or e-mail addressed to contatti@poderelabranda.it.

Podere La Branda BioAgriResort will, once received the communication, open a file for the management of the return and communicate to the Customer the instructions on how to return the Products.

The right of withdrawal is governed by the following conditions:

1. The law applies to the Product purchased in its entirety; therefore if the Product is composed of several components or parts it is not possible to exercise the withdrawal only on part of the purchased Product.

1. In case of exercise of the right of withdrawal, Podere La Branda BioAgriResort will refund the Customer the full amount of the returned goods, excluding shipping costs where applicable and net of return costs which are the sole responsibility of the Customer, within 14 days from date on which the notice of withdrawal was received, without prejudice to the right of Podere La Branda BioAgriResort to suspend the payment of the reimbursement until the actual receipt of the goods. The refund will be made using the same payment method used by the Customer.

III. III. The Products must be returned in the same box in which they were received intact and without damage.

1. In addition to the cases indicated in the Introduction (Customer who is not a consumer and / or who requests an invoice), the right of withdrawal is excluded in the following cases, pursuant to art. 59 of Legislative Decree 21/2014:

• order of Products that are likely to deteriorate or expire rapidly;

In cases of exclusion of the right of withdrawal, Podere La Branda BioAgriResort will return the purchased Products to the Customer, charging the shipping costs to the same.

8.RETURNS AND / OR REPLACEMENTS

The Customer has the right to return or replace a product if it does not conform to the one ordered. To exercise this right, the Customer must send a written communication to Podere La Branda BioAgriResort within 14 days from the date of receipt of the Products.

This communication must be sent by registered letter with return receipt, addressed to:

PODERE LA BRANDA BioAgriResort– Azienda Agricola Sansoni Gioacchino

Strada Forocassio, 13 – 01019 Vetralla, VT

Or by certified email addressed to studio.sansoni@epap.sicurezzapostale.it

or e-mail addressed to contatti@poderelabranda.it.

Once the communication has been received, Podere La Branda BioAgriResort will open a file for the management of the return or replacement and to communicate to the Customer the instructions on how to return or replace the Products.

The right of return or exchange is governed by the following conditions:

1. The law applies to the Product purchased in its entirety; therefore, if the Product is composed of several components or parts, it is not possible to return or replace only part of the purchased Product.

1. Once the negligence on the part of Podere La Branda BioAgriResort has been ascertained, in case of exercise of the right of return, Podere La Branda BioAgriResort will refund the Customer the full amount of the returned goods including shipping costs where applicable, within 14 days from the date on which the communication has been received, without prejudice to the right of Podere La Branda BioAgriResort to suspend the payment of the reimbursement until the actual receipt of the goods. The refund will be made using the same payment method used by the Customer. In the event that the Customer favors the replacement of the product, the return phase will follow the same procedure as above, no amount will be re-credited to the Customer and the shipment of the replacement product will be at the expense of Podere La Branda BioAgriResort.

3. The Products must be returned in the same box in which they were received intact and without damage.

1. In addition to the cases indicated in the Introduction (Customer who is not a consumer and / or who requests an invoice), the right of withdrawal is excluded in the case pursuant to art. 59 of Legislative Decree 21/2014: order of Products that are likely to deteriorate or expire rapidly;

9.WARRANTY AND CONFORMITY DEFECTS

In the event of lack of conformity of products sold by Podere La Branda BioAgriResort, the Customer must immediately contact Customer Service using the appropriate email address contatti@poderelabranda.it

The legal guarantees provided for in articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. The Customer has the right, at his choice and on condition that the type of Product allows it, to restore, without charge, the conformity of the Product by repair or replacement, or to an adequate price reduction or termination of the contract. The Customer loses these rights if he does not report the lack of conformity to Podere La Branda BioAgriResort within two months from the date on which he discovered the defect, provided that it is not a Product which by its nature is perishable or subject to expiry. in a shorter period, in which case the defect must be reported within this shortened period.

10. ERRORS AND LIMITATIONS OF LIABILITY

The information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors of which therefore Podere La Branda BioAgriResort cannot be held responsible, except in the case of willful misconduct or gross negligence.

Podere La Branda BioAgriResort reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update information at any time without prior notice, without prejudice to the Customer’s rights under the these General Conditions and the Consumer Code.

Except for willful misconduct or gross negligence, any right of the Customer to compensation for damages or the recognition of compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and / or things, caused by the non-acceptance or evasion, even partial, of an order.

11. COMPLAINTS

Any complaint must be sent to Podere La Branda by registered letter with return receipt to the following address:

PODERE LA BRANDA BioAgriResort– Azienda Agricola Sansoni Gioacchino

Strada Forocassio, 13 – 01019 Vetralla, VT

Or by certified email addressed to studio.sansoni@epap.sicurezzapostale.it

 or e-mail addressed to contatti@poderelabranda.it.

The complaint must be submitted within 7 days of receipt of the goods.

12. APPLICABLE LAW AND JURISDICTION

The sales contract between the customer and Podere La Branda BioAgriResort is concluded in Italy and governed by Italian law. For the solution of disputes relating to the interpretation, execution or resolution of these General Conditions or individual purchase orders if the Customer is a consumer pursuant to the Consumer Code, the court of his / her town of residence or of domicile if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Viterbo, any other competent court is excluded.

Pursuant to Article 1341 of the Italian Civil Code the Customer declares to have read and specifically accepted the following articles of these General Conditions: 2, 5, 6, 7, 8, 9.

Shipping and Delivery

The delivery times of the goods are indicative, expressed in working days.
Shipping costs will be applied based on the rates in effect with the courier.

Wrong delivery address or non-delivery

The Customer is responsible for indicating a correct and manned address in the order. Generally the courier, after the first delivery attempt, requires the recipient to establish a time for the second and third attempts. After three unsuccessful attempts, the package is sent back to our office. In these circumstances Podere La Branda BioAgriResort is not to be held responsible for non-delivery. Further attempts will be charged to the customer.

Change in shipping rates

Our logistics service providers update their shipping rates on a regular basis. Podere La Branda BioAgriResort undertakes to keep this page updated, therefore, the above information and rates may change at any time without notice. Podere La Branda BioAgriResort also reserves the right to cancel at any time and without notice, before the goods are shipped to the Customer, any order by refunding the full amount paid by the Customer. In this case, nothing more will be due by Podere La Branda BioAgriResort to the Customer. Returns The Customer has the right to return or replace a product if it does not conform to the one ordered. To exercise this right, the Customer must send a written communication to Podere La Branda BioAgriResort within 14 days from the date of receipt of the Products.

Returns

The Customer has the right to return or replace a product if it does not conform to the one ordered. To exercise this right, the Customer must send a written communication to Podere La Branda BioAgriResort within 14 days from the date of receipt of the Products.

This communication must be sent by registered letter with return receipt, addressed to:

PODERE LA BRANDA  BioAgriResort – Az. Agr. Gioacchino Sansoni

Strada Forocassio, 13 – 01019 Vetralla, VT

Or by certified email addressed to studio.sansoni@epap.sicurezzapostale.it

or e-mail addressed to contatti@poderelabranda.it.

Once the communication has been received, Podere La Branda BioAgriResort will open a file for the management of the return or replacement and to communicate to the Customer the instructions on how to return or replace the Products.

The right of return or exchange is governed by the following conditions:

1. The law applies to the Product purchased in its entirety; therefore, if the Product is composed of several components or parts, it is not possible to return or replace only part of the purchased Product.

1. Once the negligence on the part of Podere La Branda BioAgriResort has been ascertained, in case of exercise of the right of return, Podere La Branda BioAgriResort will refund the Customer the full amount of the returned goods including shipping costs where applicable, within 14 days from the date on which the communication has been received, without prejudice to the right of Podere La Branda BioAgriResort to suspend the payment of the reimbursement until the actual receipt of the goods. The refund will be made using the same payment method used by the Customer. In the event that the Customer favors the replacement of the product, the return phase will follow the same procedure as above, no amount will be re-credited to the Customer and the shipment of the replacement product will be at the expense of Podere La Branda BioAgriResort.

3. The Products must be returned in the same box in which they were received intact and without damage.

1. In addition to the cases indicated in the Introduction (Customer who is not a consumer and / or who requests an invoice), the right of withdrawal is excluded in the case pursuant to art. 59 of Legislative Decree 21/2014: order of Products that are likely to deteriorate or expire rapidly.