Terms of sale Fattoria di Radi

PREMISE

This information is provided for the site “https://www.fattoriadiradi.com” (Site) owned by Fattoria di Radi s.s. di Alessandro e Ridolfo Bichi Ruspoli Forteguerri, with registered office in della Fattoria 93c – 53014 Monteroni d’Arbia Siena, Siena,  Italy Chamber of Commerce, with VAT no. , (Seller).

ART. 1. SCOPE OF APPLICATION

1.1 Any sale on the Site constitutes a distance contract governed by Chapter I, Title III (articles 45 et seq.) of Legislative Decree 6 September 2005, no. 206 (Consumer Code) and by Legislative Decree 9 April 2003, no. 70, containing the rules of electronic commerce.

1.2 The General Conditions of Sale apply to all sales made by the Seller on the Site. The terms indicated are to be understood as working days, therefore excluding Saturdays, Sundays and national holidays.

1.3 The General Conditions of Sale may be modified at any time. Any changes and/or new conditions will be in force from the moment of their publication on the Site. You are therefore invited to regularly access the Site and to consult, before making any purchase, the most updated version of the General Conditions of Sale.

1.4 The General Conditions of Sale applicable are those in force on the date of sending the purchase order.

1.5 These General Conditions of Sale do not regulate the sale of products and/or services by parties other than the Seller that may be present on the Site via links, banners or other hypertext links. Before carrying out commercial transactions with such parties, it is necessary to check their conditions of sale. The Seller is not responsible for the provision of services and/or the sale of products by such parties. The Seller does not carry out any checks and/or monitoring on the websites that can be consulted via such links. The Seller is therefore not responsible for the contents of such sites or for any errors and/or omissions and/or violations of the law by the same.

1.6 You are required to carefully read these General Conditions of Sale as well as all other information that the Seller provides on the Site, including during the purchase procedure.

1.7 Sending the purchase order constitutes acceptance of these General Conditions of Sale.

ART. 2. PURCHASES ON THE SITE

2.1 Purchases on the Site

  • may be made after registering on the Site
  • are permitted both to users who are consumers and to users who are professionals.

Pursuant to art. 3, paragraph I, letter a) of the Consumer Code, it is recalled that the quality of consumer is a natural person who acts for purposes other than any entrepreneurial, commercial, professional or artisanal activity carried out; while pursuant to art. 3, paragraph I, letter c) of the Consumer Code, the natural or legal person acting in the exercise of their entrepreneurial, commercial, artisanal or professional activity, or their intermediary, holds the status of professional.

2.2 In the case of orders, from whomever they come, that are anomalous in relation to the quantity and/or frequency of purchases, the Seller reserves the right to take all necessary actions to put an end to the irregularities.

2.3 The Seller reserves the right to refuse or cancel orders that come from:
a user who has provided false, incomplete or in any case inaccurate identification data or who has not promptly sent the Seller the documents requested by the same or who has sent invalid documents.

2.4 Before purchasing any Food Product offered for sale on the Site, you are requested to inform the Seller if you suffer from any type of allergy, intolerance or food intolerance. If you do not make this communication, the Seller is in no way responsible for any type of damage that you may have suffered from the purchase of Food Products on the Site.

ART. 3. REGISTRATION ON THE SITE

3.1 To register on the Site, you must fill out the appropriate form, entering your email and password

3.2. You undertake to inform the Seller immediately if you suspect or become aware of any improper use or improper disclosure of the login credentials to the Site.

3.3 The user registered on the Site guarantees that the personal information provided by them is complete and truthful and undertakes to hold the Seller harmless and indemnified 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 Site or on the storage of registration credentials and/or from the provision of personal data false, incomplete or otherwise inaccurate, without prejudice to the Seller’s right to proceed with the disabling of the user’s account.

ART. 4. INFORMATION DIRECTED TO THE CONCLUSION OF THE CONTRACT

4.1 In accordance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, the Seller informs you that:

  • to conclude a purchase contract on the Site, you must fill out an order form in electronic format and send it to the Seller, electronically, following the instructions that will appear from time to time on the Site
  • the contract is concluded when the order form reaches the Seller’s server
  • once the order form has been received, the Seller will send you the order confirmation to the indicated email address containing:
    o information relating to the characteristics of the purchase o an indication of the price.

ART. 5. PRODUCT AVAILABILITY

5.1 The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that multiple users purchase the same Product at the same time, that the ordered Product is no longer available after the purchase order has been sent. In this case, you will be informed by the Seller within a few days.

5.2 The Site contains information on the availability of each Product.

5.3 You will be informed in the event of unavailability of the ordered Product. In this case, you will be entitled to terminate the purchase contract pursuant to and for the purposes of the provisions of art. 61, paragraphs IV and V, of the Consumer Code.

5.4 Alternatively, you may accept:

  • if restocking is possible, an extension of the delivery terms, offered by the Seller, with an indication of the new delivery term
  • if restocking is not possible, the Seller will supply a different product, of equivalent or higher value, upon payment, in the latter case, of the difference, and upon express acceptance by the user.

5.5 If a refund is requested for the amount paid for the purchase of Products that subsequently turned out to be unavailable, the Seller will refund within a maximum of 20 days.

5.6 In the event that you exercise the right of termination pursuant to art. 61, paragraphs IV and V, of the Consumer Code, the contract is terminated; in the event that the payment of the total amount due, consisting of the price of the Product, shipping costs, if applicable, and any other additional costs, as resulting from the order (Total Amount Due) has already occurred, the Seller will refund the Total Amount Due in accordance with the provisions of the article “Payment Methods” below.

ART. 6. INFORMATION SHEET

6.1 Each product is accompanied by an information page that illustrates its main characteristics (Information Sheet). The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. The colors of the Products, however, may differ from the actual colors due to the settings of the computer systems or computers used by you to view them. These images must therefore be understood as indicative and with the usual tolerances.

ART. 7. PRICES

7.1 All prices of the Products published on the Site are inclusive of Value Added Tax.

7.2 The Seller reserves the right to change the price of the Products at any time, without notice, without prejudice to the fact that the price charged to you will be the one indicated on the Site at the time of placing the order and that no account will be taken of any variations (increases or decreases) subsequent to the transmission of the order.

7.3 Shipping costs, if any, are expressly and separately indicated in the order form, before the user proceeds to transmit the same.

7.4 The use of discount coupons is regulated on the site based on the following principles:

  • If the value of the discount code is lower than that of the order, the remaining amount can be completed according to the payment methods provided on the site
  • Discount codes cannot be combined with each other for a single purchase
  • Each discount code can be used for a single purchase
  • In no case do discount codes give the right to change in the case of purchases of a lower amount
  • In no case can discount coupons be converted into cash.

ART. 8. PURCHASE ORDERS

8.1 The Seller will ship the Products only after receiving confirmation of the crediting of the Total Amount Due via the PayPal system. The order will be shipped within 15 days of the crediting of the Total Amount Due. Ownership of the Products will be transferred to you at the time of shipment, which is understood to be the moment of delivery of the Product to the Carrier. The risk of loss or damage to the Products, for reasons not attributable to the Seller, will be transferred to you when you, or a third party designated by you and other than the Carrier, physically takes possession of the Products.
The Service you have chosen will be carried out only after payment of the Total Amount Due. The Seller reserves the right not to provide the service if, after sending your purchase order, it is ascertained that you have not paid all or part of the Total Amount Due.

8.2 The purchase contract is terminated upon failure to pay the Total Amount Due. Unless otherwise agreed in writing with you, the order will be consequently cancelled.

8.3 In order to send a purchase order, you must read and approve these General Conditions of Sale by selecting the appropriate box on the pages of the purchase procedure. Failure to accept these General Conditions of Sale will make it impossible to make purchases on the Site.

ART. 9. PAYMENT METHODS

9.1 The following payment methods are accepted on the Site: via PayPal, via Bank Transfer.

9.2 On the Site, it is possible to make purchases using the PayPal payment solution. If you choose PayPal as your payment method, you will be redirected to the site www.paypal.com where you will make the payment based on the procedure provided for and regulated by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared with the Seller. The Seller is therefore not able to know and does not store in any way the data of the payment card linked to your PayPal account or the data of any other payment instrument connected to that account.
In the case of payment via PayPal, the Total Amount Due will be charged to you by PayPal at the same time as the conclusion of the contract via the Site. 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 you will be credited to the PayPal account of the same. The times for crediting the payment instrument linked to such account depend exclusively on PayPal and the banking system. Once the credit order has been placed in favor of such account, the Seller cannot be held responsible for any delays or omissions in crediting the refund amount, to contest which you must contact PayPal directly. Any type of refund to be made pursuant to these General Conditions of Sale will be credited to your PayPal account.

9.3 If you choose bank transfer as the payment method, the Seller, once the order has been received, will communicate to you by email the bank details and the deadline for making the transfer. The email may contain the request to send by email the receipt of the bank transfer made or the confirmation of the transfer.
In the case of payment by bank transfer, the delivery times of the Product indicated in the Product Sheet and/or on the Site will run from the date of receipt of the bank transfer by the Seller and not from the date of transmission of the order.

Unless otherwise agreed, the Services will be provided only after receipt of the Total Amount Due via bank transfer.

Please indicate the following information in the reason for the transfer:

  • the order reference number.

From the sending of the order, you must arrange payment within 2 working days. Failing this, the Seller reserves the right to cancel the order in the following 3 working days.

ART. 10. DELIVERY OF PRODUCTS

10.1 There are no limitations on delivery, except in cases indicated on the Site and/or in the Product Sheet.

10.2 Delivery costs are at your expense, unless otherwise indicated during the purchase process and/or in other parts of the Site. An additional cost may be required for delivery in some areas.

10.3 Starting from the date of sending the order, the Products will be delivered to the Carrier within 15 days and, in any case, within 30 days from the date of conclusion of the contract.

10.4 It is your responsibility to check the condition of the Product delivered. It being understood that the risk of loss or damage to the Product, for reasons not attributable to the Seller, is transferred when you, or a third party designated by you and other than the Carrier, physically takes possession of the Product. The Seller recommends that you check the number of Products received and that the packaging is intact, not damaged, not wet or otherwise altered, including the sealing materials, and you are invited, in your interest, to indicate on the transport document to the Carrier, any anomalies, accepting the package with reservation. In the event that the packaging shows obvious signs of tampering or alteration, it is advisable to promptly notify the Seller. In any case, the application of the rules regarding the right of withdrawal (if applicable for the Product) and the legal guarantee of conformity remains unchanged.

ART. 11. RIGHT OF WITHDRAWAL

11.1 In the event of a purchase on the Site, unless otherwise indicated, you do not enjoy the right of withdrawal provided for by art. 52 of the Consumer Code with reference to the Product or Products indicated in this article. In fact, the Site sells goods that risk deteriorating or expiring rapidly.

11.2 If you are a consumer, you have the right to withdraw from the purchase contract of the Product without having to provide any reason and without having to bear costs other than those provided for in this article within fourteen calendar days (Withdrawal Period). The Withdrawal Period expires after 14 days:

a. in the case of an order relating to a single Product, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the Products;

b. in the case of a Multiple Order with separate deliveries, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last Product; or

c. in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which you or a third party, other than the Carrier and designated by you, acquires physical possession of the last lot or piece.

11.3 To exercise the right of withdrawal, you must inform the Seller, before the expiry of the Withdrawal Period, of your decision to withdraw.

11.4 You have exercised your right of withdrawal within the Withdrawal Period if the communication relating to the exercise of the right of withdrawal is sent by you before the expiry of the Withdrawal Period. This communication must be sent in the following way:

Email: shop@fattoriadiradi.com

Please note that since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period falls on you, it is in your interest to use a durable medium when communicating your withdrawal to the Seller.

11.5 In the event of exercising the right of withdrawal, you must deliver the Product to the registered office indicated in the epigraph of these General Conditions of Sale.

11.6 The direct costs of returning the Products are at your expense as well as the responsibility for their transport.

11.7 If you withdraw from the contract, the Seller will refund the Total Amount Due, including delivery costs, if applicable, without undue delay and in any case no later than 14 calendar days from the day on which the Seller was informed of your decision to withdraw from the contract. The refund will be made using the same payment instrument used for the initial transaction. In the event that you have returned the Products using a carrier of your choice and at your own expense, the Seller may suspend the refund until receipt of the Products or until you have demonstrated that you have returned the Products, whichever is earlier.

11.8 You are solely responsible for the decrease in value of the goods resulting from handling of the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be stored, handled and inspected with normal diligence and returned intact, complete in all its parts, in perfect working order, accompanied by all accessories and information sheets, with the identification tags, labels and disposable seal, where present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for the use for which it is intended and 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 of the Product.

11.9 In the event that the Product for which the right of withdrawal has been exercised has suffered a decrease in value resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the Seller reserves the right to deduct from the refund amount an amount equal to such decrease in value. The Seller will notify you of the circumstance and the resulting decreased refund amount within 5 days of receipt of the Product, providing, in the event that the refund has already been paid, the bank details for the payment of the amount owed by the user due to the decrease in value of the Product.

11.10 In the event that the right of withdrawal has not been exercised in accordance with and as provided for by the applicable law, it will not lead to the termination of the contract and, consequently, will not give the right to any refund. The Seller will notify the user within 5 (working) days of receiving the Product, rejecting the request for withdrawal. The Product will remain at the Seller’s premises at your disposal for collection, which must take place at your expense and under your responsibility.

11.11 In the event of partial withdrawal from Multiple Orders, the amount of delivery costs to be refunded to you will be quantified in proportion to the value of the Product subject to withdrawal. Therefore, if, for example, you have placed a total order of 200.00 Euros, which includes two Products, the first with a value of 50.00 Euros and the second with a value of 150.00 Euros, and you return the Product with a value of 150.00 Euros, you will be refunded an amount equal to 75% of the delivery costs incurred. In any case, the amount of the delivery costs to be refunded may never exceed the amount actually paid.

ART. 12. LEGAL GUARANTEE

All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by articles 128-135 of the Consumer Code (Legal Guarantee).

TO WHOM IT APPLIES

The Legal Guarantee is reserved for consumers. It therefore applies only to users who have made the purchase on the Site for purposes other than their entrepreneurial, commercial, artisanal or professional activity.

WHEN IT APPLIES

The Seller is liable to the consumer for any lack of conformity of the Product and which occurs within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months of the date on which it was discovered.

Unless proven otherwise, it is presumed that the lack of conformity that becomes apparent within six months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or the nature of the lack of conformity. Starting from the seventh month following delivery of the Product, it will be the consumer’s responsibility to prove that the lack of conformity already existed at the time of delivery of the Product.

In order to benefit from the Legal Guarantee, the consumer must first provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the consumer, for the purposes of such proof, to keep the purchase invoice or any other document that can certify the date of purchase (for example the payment card statement) and the date of delivery.

In the event of termination of the contract, the Seller will refund the consumer the total amount paid, consisting of the purchase price of the Product, shipping costs and any other additional costs. In the event of a price reduction, the Seller will refund the amount of the reduction, previously agreed with the consumer. The amount of the refund or reduction will be credited to the payment method or solution used by the consumer for the purchase.

The Seller is not liable for any damages of any kind resulting from the improper use of the Product and/or not in accordance with the instructions provided by the manufacturer, as well as for damages resulting from unforeseeable circumstances or force majeure.

If you have made the purchase as a “professional” pursuant to the provisions of the Consumer Code, the previous paragraphs of this article do not apply. The legal guarantee provided for by art. 1490 of the Italian Civil Code will apply to your purchase on the Site.

ART. 13. APPLICABLE LAW AND JURISDICTION; OUT-OF-COURT SETTLEMENT OF DISPUTES – ALTERNATIVE DISPUTE RESOLUTION/ONLINE DISPUTE RESOLUTION

13.1 Purchase contracts concluded through the Site are governed by Italian law. 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 is reserved.

13.2 Please note that in the case of a consumer user, for any dispute relating to the application, execution and interpretation of this document, the court of the place where the user resides or has elected domicile shall have jurisdiction. In the case of a professional user, for any dispute relating to the application, execution and interpretation of this document, the court where the Seller has its registered office shall have jurisdiction pursuant to the provisions of Article 1 above.

13.3 Pursuant to art. 141-sexies, paragraph 3 of the Consumer Code, the Seller informs the user who qualifies as a consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code, that, in the event that he has submitted a complaint directly to the Seller, following to which it has not been possible to resolve the dispute thus arising, the Seller will provide information regarding the Alternative Dispute Resolution body or bodies for the extrajudicial resolution of disputes relating to obligations arising from a contract concluded on the basis of these General Conditions of Sale (ADR bodies, as indicated in Articles 141-bis and following of the Consumer Code), specifying whether or not it intends to avail itself of such bodies to resolve the dispute itself.

13.4 The Seller also informs the user who has the status of consumer pursuant to Article 3, paragraph 1, letter a) of the Consumer Code that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be consulted 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 dispute resolution procedure in which he is involved.

13.5 In any case, the consumer user’s right to bring the dispute arising from these General Conditions of Sale before the competent ordinary judge is reserved, regardless of the outcome of the out-of-court settlement procedure for disputes relating to consumer relationships by resorting to the procedures referred to in Part V, Title II-bis of the Consumer Code.

13.6 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 Conditions of Sale, the European procedure established for small claims, 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 can be found on the website www.eur-lex.europa.eu.

ART. 14. CUSTOMER SERVICE AND COMPLAINTS

You can request information, send communications, request assistance or forward complaints by contacting the Seller in the following ways:

The Seller will respond to complaints submitted within 15 days of receiving them.