Terms and conditions of use
GENERAL CONDITIONS OF SALE
ART. 1 – DEFINITIONS AND OBJECT OF THE CONTRACT
The following terms are used in these general conditions of sale:
By “Latteria Biologica Friulana” we mean the on-line sales shop, published on the website latteriabiologicafriulana.it, managed by Azienda Agricola La Sisile with registered office in via S.Antonio 36, Talmassons, Udine, Italy, P.Iva 01981450305, Email firstname.lastname@example.org
Site” means the website latteriabiologiafriulana.it
The term “Customer” refers to any person who purchases one or more products through the Website, whether a Consumer or Professional Customer.
With “Consumer Customer” we refer to the natural person who acts for purposes unrelated to his business, trade, craft or profession.
Professional Customer” refers to a natural person or legal entity acting in the exercise of its entrepreneurial, commercial, craft or professional activity, or its intermediary.
The contract concluded between Azienda Agricola La Sisile and the customer falls into the category of distance contracts. A distance contract is defined as any contract concluded between the seller and the consumer (user and user of the service) under an organised distance sales or service provision scheme without the simultaneous physical presence of the trader and the consumer; and this through the exclusive use of one or more means of distance communication (e.g. using telephone, fax, internet, etc.) up to and including the conclusion of the contract.
The contract, which has as its object the sale of foodstuffs, is concluded with the acceptance, even partial, by the Azienda Agricola La Sisile of a purchase proposal issued by the customer, via the internet, on the website latteriabiologicafriulana.it, this acceptance is considered tacit, unless specific communications made to the customer / user.
By placing a purchase order, which must be complete in every part and contain the essential elements for the exact identification of the product ordered, the Customer declares to have read and accepted in full these general conditions of sale shown in full at the time of sending the purchase order and delivered in full with the confirmation of receipt of the order by e-mail to the address indicated by the Customer.
These general sales conditions are an integral part of any proposal, purchase order and purchase order confirmation of products marketed by latteriabiologicafriulana.it .
ART. 2 – PURCHASE ORDER, CONCLUSION OF CONTRACT
Latteria Biologica Friulana undertakes to describe and present the articles sold on the site in the best possible way. Despite this, there may be some errors, inaccuracies or small differences between the product depicted on the site and the actual product. The photographs of the products presented on the Site do not constitute a contractual element, as they are to be considered representative only.
After sending the purchase proposal, the Customer will immediately receive an e-mail containing confirmation of receipt by Latteria Biologica Friulana and the identification number assigned.
All products are available while supplies last. In the event of one or more products no longer being available, Latteria Biologica Friulana will contact the Customer to propose a replacement, as an alternative to cancellation of the order with full reimbursement of any sums paid in advance.
If the products in the order are all available, the Customer’s purchase proposal shall be considered immediately accepted by Latteria Biologica Friulana. Therefore, the e-mail confirming receipt will also count as confirmation of acceptance. After receipt of payment, or without such receipt in the case of sales with a request for cash on delivery, Latteria Biologica Friulana will proceed directly to dispatch the products purchased.
ART. 3 – PRICES AND PAYMENTS
The prices of the products offered on the Site are inclusive of VAT, while they do not include any shipping costs and / or other additional services that may be required by the customer. The price of the services and products offered on the Site is the price present on the site at the time the Customer sends the purchase proposal, as well as within the proposal itself. At the time the purchase proposal is sent, the total price of the goods will be indicated, including taxes, with details of shipping and all other costs.
Latteria Biologica Friulana will not accept purchase proposals and will cancel proposals already confirmed in the event of anomalies or irregularities in payments. Any contract that has already been concluded will be terminated, without this giving the Customer any right to claim compensation for damages or to assert other claims.
ART. 4 – SHIPPING AND DELIVERY
Latteria Biologica Friulana will deliver the products to the address indicated by the Customer in the purchase order within and no later than 15 (fifteen) working days from acceptance of the purchase proposal. In the event that the products cannot be delivered within the term indicated, Latteria Biologica Friulana will contact the customer, providing information on the status of the shipment, without prejudice to the customer’s right to obtain a refund.
The Customer is required to verify, upon receipt of the products ordered that the number and size of packages delivered corresponds to those indicated on the transport document and that the packaging is intact. In case of damage, even slight, to the packaging, the customer must accept the shipment “with specific reserve” making sure that the courier notes the reserve and the reason on the copy of the transport document and countersign it. For example: “Goods accepted with reservation, damaged packaging, ” Otherwise the customer must refuse the goods.
ART. 5 – LEGAL GUARANTEE OF CONFORMITY
All products purchased through the Site are covered by the legal warranty against manufacturing defects. The duration of this warranty varies depending on whether the customer is a professional or a consumer customer.
Products purchased by a Professional Customer are covered by the warranty for defects pursuant to art. 1490 et seq. c.c.; the action of the Professional Customer aimed at enforcing the warranty for defects is time-barred after 1 (one) year from delivery of the purchased product and the related defects must be reported within the terms of art. 1495 c.c.
Products purchased by a Consumer Customer benefit instead – free of charge – from the legal guarantee of conformity (“Legal Warranty”) provided for in Articles 128 et seq. of the Consumer Code.
The Seller’s Legal Warranty applies to conformity defects that occur within 24 months from the date of delivery of the product and that are reported by the Consumer Customer within 2 months from the date of discovery of the defects, in accordance with art. 132 of the Consumer Code.
In the event of the existence of a lack of conformity, the customer may request, at its option, the repair of the product or its replacement, unless the remedy requested is objectively impossible or excessively expensive compared to the other according to the provisions of art. 130 paragraph 4 of the Consumer Code.
On the other hand, the Legal Warranty will be excluded, in accordance with the applicable law, if the products have been altered or repaired by unauthorized personnel, if the defect is due to improper use and if the defect resulted from non-compliance with the instructions provided by the manufacturer.
The Legal Guarantee must be asserted directly against Latteria Biologica Friulana, in the case of sale of products purchased through the Website with home delivery. The Client may invoke the Legal Guarantee by e-mail to email@example.com. The staff in charge will provide the Client with all the necessary information concerning the conditions and procedures for using the Legal Guarantee.
ART. 6 – RIGHT OF WITHDRAWAL OF THE CONSUMER CUSTOMER
Pursuant to articles 52 and following of the Consumer Code, the Consumer-Client has the right to withdraw from the Contract within 14 (fourteen) days from the receipt of the product at his own domicile without any penalty and without giving any reason. The deadline for exercising the right of withdrawal shall be deemed to have expired after 14 days from the time the Consumer-Client or a third party, other than the carrier and the designated Consumer-Client, acquires physical possession of the goods. The Consumer Client must inform Latteria Biologica Friulana of his wish to withdraw from the contract by filling in the standard form in accordance with annex. B of Legislative Decree no. 21/2014 or any other written statement indicating the intention to withdraw from the contract. This statement should be sent by email to firstname.lastname@example.org.
Latteria Biologica Friulana will confirm to the Consumer-Client, via e-mail to the e-mail address communicated during the purchase procedure on the Website, receipt of the declaration of withdrawal exercised and will provide the Client with instructions for proceeding with the return of the relative product(s).
In accordance with the provisions of Article 59(1)(b) of the Treaty on the Functioning of the European Union. (c) and d) of the Consumer Code, the Client-Consumer may not exercise the right of withdrawal for products made to measure or clearly personalized or that are liable to deteriorate or expire rapidly. The right of withdrawal does not apply to sealed goods that cannot be returned for hygienic or health protection reasons that have been opened after delivery. As regards the state of the goods, they must be in a normal state of preservation. The consumer shall be liable only for any diminution in value resulting from any handling other than “normal” and necessary to ascertain the nature, characteristics and functioning of the goods.
The products for which the right of withdrawal is exercised must be returned within 14 days from the day on which the Customer Consumer has communicated the will to withdraw, substantially intact, in their original packaging, complete with accessories and any manuals, without any lack, to the following address:
“Az. Agricola La Sisile
Via S.Antonio 36,
Transport costs for the return of products are charged to the customer, as provided for in Article 57, paragraph 1, of the Consumer Code. Latteria Biologica Friulana will refund the price paid by the Consumer-Client within 14 days of receipt of the returned products and after checking their condition, using the same method of payment used by the Consumer-Client at the time of purchase, unless otherwise agreed. The time required to re-credit the amount paid will be those applied by the payment circuit used by the customer when ordering the product. In any case, there will be no additional costs as a result of this refund.
ARTICLE 7 – AMENDMENTS AND COMPLETENESS
Latteria Biologica Friulana reserves the right, at any time and at its own exclusive discretion, to make any changes, additions and/or updates it deems necessary and/or simply appropriate to the Website, its contents, programmes and/or other materials contained on and/or available through the Website itself (including these general conditions of sale). Any change and/or update made as above will not affect contracts already entered into with Customers prior to the implementation of such change or update.
These general conditions of sale are made up of the totality of the clauses that compose them. If one or more of the provisions of these general conditions of sale is deemed invalid or declared so by law, regulation or following a decision by a court having jurisdiction, the other provisions shall continue to have full force and effect.
ART. 8 – COMMUNICATIONS, CONTACTS AND COMPLAINTS
Below you will find the address to which you can address any requests, communications and/or complaints relating to your orders, to these general conditions of sale or, in general, to any contract concluded with Latteria Biologica Friulana through the Website: email email@example.com
ART. 9 – JURISDICTION AND COMPETENT COURT FOR DISPUTES WITH THE PROFESSIONAL CUSTOMER
The Contract is governed by Italian law. For any dispute relating to the validity, effectiveness, interpretation or execution of each Contract as well as, in general, relating to the navigation on the Site by the Professional Customer or to the use of any feature made available to the Professional Customer through the Site, the Court of Udine will have exclusive jurisdiction.
ART. 10 – PLACE OF JURISDICTION FOR DISPUTES WITH THE CUSTOMER CONSUMER
The dispute shall be referred to the competent judicial authority of the court of residence or domicile of the Customer Consumer.