Terms & Conditions (B2C)
Azienda Agricola Poggio al Sole, with its registered office at 50028 Tavarnelle Val di Pesa (Italy), Strada Rignana 2, P.IVA IT01419610488, registered in the Commercial Register of the Chamber of Commerce of Florence, entry no. FI – 220881, e-mail address: firstname.lastname@example.org, tel.: +39 055 807 18 50, fax +39 055 809 10 98, in the person of its legal representative, Mr Johannes Davaz (hereinafter referred to as ‘the seller’);
– that the Seller operates the website shop.poggioalsole.com (hereinafter the “website”);
– that the website is intended for business transactions between companies and consumers (B2C);
– that the term “General Conditions of Sale (B2C)” means the contract for the sale of consumer goods concluded between the seller and the buyer within the framework of a distribution system organised by the seller for distance selling;
– that the trademark and logo of the website are the exclusive property of the seller;
– that these terms and conditions govern the online sale between Azienda Agricola Poggio al Sole and the Buyer, who expressly declares that he is making the purchase for purposes that are not attributable to his commercial, business, craft or professional activity;
– that these preliminary remarks are an integral and essential part of the contract;
the following is agreed:
- Matter of the contract
1.1 These general conditions, which are made available to the Buyer for reproduction and storage in accordance with art. 12 of Legislative Decree no. 70 of 9 April 2003, shall govern the purchase, at a distance and by means of distance communication, of the Seller’s products, with registered office at 50028 Tavarnelle Val di Pesa (Italy), Strada Rignana 2, P.IVA IT01419610488, registered in the Commercial Register of the Chamber of Commerce of Florence, entry no. FI – 220881, e-mail address: email@example.com, tel.: +39 055 807 18 50, fax +39 055 809 10 98.
1.2 With this contract, the seller sells and the buyer buys at a distance the products listed on the seller’s website and offered for sale.
1.3 The essential characteristics of the product are described on the seller’s website.
1.4 The seller undertakes to deliver the selected Products, if available, against payment of the corresponding amount in accordance with Art. 3 of this Agreement.
- Acceptance of the terms and conditions
2.1 All orders shall be transmitted by the Buyer to the Seller by completing the specified order process.
2.2 These general terms and conditions must be checked “online” by the buyer before the order process is completed. The transmission of the order by the Buyer therefore presupposes full knowledge of these conditions and their full acceptance.
2.3 The Buyer, who sends the confirmation of his order by telematic means, undertakes to accept without reservation the terms and conditions of business and payment described below and to comply with them in his business relations with the Seller; he declares that he has read and accepted all the information provided by the Seller in accordance with the above provisions, and further acknowledges that the Seller is not bound by any conditions to the contrary, unless they have been agreed in writing in advance.
2.4 In order to accept the Terms and Conditions, all sections of the online form must be completed in full and accurately, following the on-screen instructions and finally ticking and accepting the boxes Acceptance of the Terms and Conditions and Privacy Information.
- Prices and order modalities
3.1 The product prices indicated on the website are expressed in Euro.
3.2 Product prices published on the website or in other sections of the website are inclusive of VAT. The shipping costs, which vary according to the items ordered and the destination country selected, are always calculated when the online order is placed and are clearly indicated to the buyer. The total cost of shipping to the buyer’s address is at the buyer’s expense, except in the case of exceptions and discrepancies, which will be announced on the website and/or communicated by e-mail. In any case, the costs will be communicated to the buyer before the order is confirmed.
3.3 Once the Buyer has found the desired product in the online electronic catalogue at shop.poggioalsole.com, he may place it in the electronic shopping basket without obligation. The contents of the shopping basket may be viewed, modified or removed by the Buyer at any time. Once the shopping cart has been confirmed, the buyer must fill in the application form correctly and completely and give his/her consent to purchase online. The ordering process can be aborted at any time by closing the browser window.
3.4 After the seller has checked the availability of the ordered product, he confirms the formal acceptance of the received order with an e-mail, which again shows the essential order data.
3.5 The Buyer expressly grants the Seller the right to accept the order even in part (for example if not all ordered products are available). In this case, the contract shall be deemed concluded for the goods actually sold.
- Conclusion of contract
4.1 The contract concluded via the website comes into effect at the time when the buyer confirms the chargeable order via mouse click. The contract is concluded at the place where the legal domicile of the seller is located.
4.2 The Seller informs the Buyer in accordance with art. 12 of GvD 70/2003 that each incoming order will be stored in digital form on the server/paper at the Seller’s registered office in accordance with the criteria of confidentiality and data security.
- Payment modalities
5.1 Payments by the buyer can only be made in the following form: Online payment by credit card (Mastercard, Visa)
6. Delivery modalities
6.1 The Seller shall deliver to the Buyer the Products selected and ordered in accordance with the procedures described in the preceding articles by means of trusted carriers or courier services to the address indicated by the Buyer. Delivery is possible within the countries listed on the website. The delivery times of the goods ordered may vary according to the order. The indicated delivery times are non-binding and in no way binding for Azienda Agricola Poggio al Sole.
Orders of more than 60 (sixty) litres cannot be accepted for each delivery. By accepting these terms and conditions, the buyer acknowledges that he has taken note of this provision and accepts it in its entirety. Should an order exceed this limit, the Seller reserves the right to refuse the order or to recalculate the delivery costs.
6.2 If the Buyer is absent at the time of delivery, a notice will be left with the necessary details to contact the courier or forwarder and agree the terms of delivery.
6.3 The Seller shall not be liable for the delay or non-delivery of the goods in the event of inaccurate or incorrect address data provided by the Buyer.
6.4 Upon receipt of the goods, the Buyer must ensure that the delivered product is in conformity with the order; only after this verification may he sign the delivery documents, subject to the right of withdrawal provided for in Article 10 of the Conditions.
7. Limitation of liability
7.1 The Seller shall not be liable if the goods are delivered late or not at all and this is due to force majeure such as accidents, explosions, fires, strikes and/or lock-outs, earthquakes, floods or other similar events which prevent the timely performance of the contract in whole or in part.
7.2 The Buyer may not hold the Seller liable for any malfunction or interruption of operations beyond the Seller’s control in connection with the use of the Internet, except in the event of wilful intent or gross negligence on the part of the Seller.
7.3 The Seller shall not be liable to any party or third party for any damages, losses or costs resulting from the non-execution of the Contract for any of the above reasons.
7.4 The Seller shall not be liable for any fraudulent or unlawful use by third parties of credit cards, cheques and other means of payment in connection with the payment of the Products ordered if it can prove that it has taken all possible precautions to the best of its knowledge and experience and with the necessary care.
- Guarantee and customer service
8.1 The Seller shall only sell original products of high quality. If the buyer has any questions, complaints or suggestions, he can contact firstname.lastname@example.org . In order to ensure that the questions, complaints or suggestions are dealt with as quickly as possible, the buyer should describe the problem as precisely as possible and, if necessary, send a copy of the order documents or indicate the order number, customer number, etc. The buyer should also send a copy of the order documents to the seller.
8.2 In the event of defects in conformity, the provisions of Legislative Decree No. 206 of 6 September 2005 concerning the statutory warranty shall apply.
8.3 The warranty applies only to the products specified in Legislative Decree No. 206 of 6 September 2005.
- Obligations of the buyer
9.1 The Buyer undertakes to pay the purchase price for the goods ordered within the period and in the form specified in the contract.
9.2 Upon completion of the ordering process, the Buyer must print and retain these General Terms and Conditions, which he has already reviewed and accepted in a mandatory step during the ordering process, as well as the product specifications of the ordered product, in order to fully comply with the conditions set forth in Legislative Decree No. 206 of 6 September 2005.
9.3 It is strictly forbidden for the Buyer to enter false and/or fictitious and/or imaginary data when registering using the online registration form. The personal details and e-mail address may only contain the purchaser’s own real data and not those of third parties or invented persons. The buyer thus assumes full liability for the correctness and truthfulness of the information provided at the end of the ordering process.
9.4 The Buyer shall hold the Seller harmless from any liability for the issue of incorrect tax documents due to incorrect information provided by the Buyer, who is solely responsible for correct data entry.
9.5 When purchasing alcoholic products, the Buyer confirms and expressly declares that he has reached the legal minimum age of 18 years for the purchase of alcoholic products. In addition, the purchaser of alcoholic products declares that the documents and data submitted for the execution of the contract are true. In addition, the buyer undertakes to ensure that the delivery is received by him personally or by authorized adult persons.
- Right of withdrawal according
10.1 The right of withdrawal applies only to a natural person who purchases goods for purposes not related to his professional activity or who does not make the purchase by indicating a reference VAT identification number and to the products referred to in Legislative Decree No 206 of 6 September 2005. Note: Customers who purchase with a VAT identification number cannot exercise the right of withdrawal.
10.2 The right of withdrawal is expressly excluded for the supply of sealed goods, as provided for in Article 59(e) of the same legislative decree, which are not suitable for return for health or hygiene reasons and the sealing of which has been removed after delivery.
10.3 The purchased goods must be intact and returned in their original packaging, complete in all parts (including packaging and all documentation).
10.4 For products for which the right of withdrawal is not excluded, the Buyer may withdraw from the contract without penalty and without giving reasons within 10 (ten) days of receipt of the goods ordered. Any cancellation must be addressed to Azienda Agricola Poggio al Sole, located at 50028 Tavarnelle Val di Pesa (Italy), Strada Rignana 2, e-mail address: email@example.com, tel.: +39 055 807 18 50, fax +39 055 809 10.
10.5 If the buyer wishes to exercise his right of withdrawal, he must inform the seller of his decision to withdraw from the contract by means of a clear declaration (e.g. a letter, fax or e-mail sent by post). The Buyer may also use the model withdrawal form enclosed in Annex I, Section B of Legislative Decree No 21/2014, which is not compulsory.
10.6 In order to comply with the withdrawal period, it is sufficient for the Buyer to send notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. The burden of proof regarding the intended exercise of the right of revocation lies with the buyer.
10.7 The goods must be returned without delay and in any case within 14 (fourteen) days of the date on which the Buyer notifies the Seller of its decision to withdraw from the contract. The Buyer shall be liable for any loss in the value of the Goods if such loss in value is due to handling of the Goods which is not necessary to inspect their condition, properties and functioning.
10.8 The delivery, until the confirmation of receipt in our warehouse, is the sole responsibility of the customer; Azienda Agricola Poggio al Sole is in no way responsible for damage or theft / loss of returned goods.
10.9 In the cases expressly provided for in art. 59 of Legislative Decree no. 206/2005, the Buyer may not exercise any right of withdrawal.
10.10 If the right of withdrawal is exercised in accordance with the provisions of this article, the buyer shall bear the costs directly related to the return of the goods to the seller.
10.11 All amounts already paid, including delivery costs, shall be refunded to the Buyer who exercises his right of withdrawal in accordance with the provisions of this article, with the exception of additional costs incurred as a result of the Buyer’s express choice of a different type of delivery than the more favourable standard delivery offered by the Seller. The costs will be reimbursed without delay and in any event within 14 days of the date on which the seller was informed of the buyer’s decision to exercise the right of withdrawal, by bank transfer. However, the Seller may refuse repayment until it has received the Goods back or until the Buyer has proved that it has returned the Goods, whichever is the earlier, unless the Seller has offered to collect the Goods itself.
10.12. Upon receipt of the notice in which the Buyer notifies the Seller of the exercise of the right of withdrawal, the parties shall be released from their respective obligations without prejudice to the provisions of this Article.
Example of withdrawal
Sender: [Insert address]
Azienda Agricola Poggio al Sole
Strada Rignana 2
50028 Baberino Tavarnelle
Cancellation of my order from [insert date].
Customer number/Order number: [insert number]
Dear Ladies and Gentlemen,
I hereby cancel my order from [insert date], order number [insert number].
I request a refund of the purchase price of [insert amount] Euro to the following account[insert account details]
Please confirm the receipt of the revocation immediately.
- Explicit cancellation clause
11.1 The obligations provided for in Art. 9 for the Buyer are essential for this Agreement. It is therefore expressly agreed that the non-fulfilment of even one of these obligations – insofar as this is not due to chance or force majeure – will result in the cancellation of the contract in accordance with Art. 1456 of the Italian Civil Code, without the need for a court ruling.
12.1 Except in the cases expressly provided for or provided for by law, communications between the Seller and the Purchaser shall preferably be by e-mail to the e-mail addresses concerned, which shall be regarded by both parties as a valid means of communication and the use of which cannot be objected to in court solely on the basis of the fact that they are electronic documents.
12.2 Written communications to the Seller, as well as any complaints, shall only be valid if sent to the address of Azienda Agricola Poggio al Sole, with registered office at 50028 Tavarnelle Val di Pesa (Italy), Strada Rignana 2, e-mail address: firstname.lastname@example.org, phone: +39 055 807 18 50, fax: +39 055 809 10 984.
12.3 Either Party may change its e-mail address at any time for the purposes set out in this Article, provided that it promptly notifies the other Party in accordance with the forms set out in the preceding paragraph.
- Processing of personal data
13.2 The seller protects the privacy of the customers and guarantees that the data processing complies with the data protection provisions of Legislative Decree no. 196 of 30 June 2003.
13.3 The personal and fiscal data obtained directly and/or through third parties by the seller as data controller will be collected and processed in paper, electronic and telematic form, depending on the processing method, for the following purposes: Registration of the order, execution of the procedures for the execution of the contract and the related communications, fulfilment of any legal obligations and ensuring the efficient management of business relations in the manner necessary to provide the service requested in the best possible way (art. 24, par. 1, letter b, Legislative Decree no. 196/2003). When subscribing to the Newsletter, the Purchaser’s e-mail address will also be used for promotional purposes until the Purchaser unsubscribes from the Newsletter. Cancellation is possible at any time.
13.4 The seller undertakes to treat the data and information provided by the buyer confidentially and not to make them accessible to unauthorised persons or to use them for purposes other than those for which they were provided or to pass them on to third parties. This data will only be disclosed at the request of the judicial authorities or other authorities authorised by law.
13.5 Personal data shall only be transmitted to persons who are entrusted with the performance of the necessary activities for the execution of the contract and who have previously signed an obligation to treat such data confidentially. The transmission of the data takes place exclusively for this purpose.
13.6 The Purchaser is entitled to the rights referred to in art. 7 of Legislative Decree no. 196/03, including the right:
a) updating, rectification or, if there is an interest, integration of the data;
b) to request the cancellation, anonymization or blocking of data processed in violation of the law, including data whose retention is not necessary for the purposes for which they were collected or subsequently processed;
c) to obtain confirmation that the operations referred to in letters a) and b) have been notified, including their content, to those to whom the data have been communicated or disseminated, unless this proves impossible or involves a manifestly disproportionate effort compared with the right protected. The data subject also has the right to object, in whole or in part:
d) to oppose, for legitimate reasons, the processing of personal data concerning him or her, even if such data correspond to the purpose of the collection;
e) to the processing of personal data concerning him or her for the purposes of sending advertising material or direct sales or for market research or commercial information
13.7 The disclosure of personal data by the Buyer is a necessary prerequisite for the proper and timely execution of the contract. Otherwise the buyer’s order cannot be processed.
13.8 In any case, the data obtained shall not be stored beyond the period necessary for the purposes for which they were collected or later processed. Their removal is carried out in a secure manner.
13.9 The owner of the collection and processing of personal data is the Seller, to whose registered office the Buyer may address its requests and requests.
- Dispute resolution and place of jurisdiction
14.1 In the event of disputes arising out of or in connection with this Agreement, the parties shall jointly endeavour to find a fair and amicable solution.
14.2 In accordance with Article 14 of EU Regulation No. 524/2013, the Buyer is informed that in the event of a dispute he may submit a complaint via the European Union’s Online Dispute Resolution Platform (OS Platform), which can be accessed via the following link: http://ec.europa.eu/consumers/odr/. The OS platform is a contact point for buyers who wish to settle out of court disputes that fall within the scope of online purchase contracts or online service contracts. For this purpose, the e-mail address of Poggio al Sole is: email@example.com
14.3 If a dispute cannot be settled amicably, it shall be submitted, in accordance with art. 66-bis of Legislative Decree no. 206/05, to the court of the district in which the buyer is domiciled, provided it is located in Italian territory; if the buyer is not a final consumer, it shall be deemed agreed that all disputes, even in derogation of the provisions on territorial jurisdiction, shall be submitted exclusively to the court of Florence.
- Applicable law and legal reference
15.1 This contract is governed by Italian law.
15.2 Unless expressly stated otherwise herein, the provisions of the law applicable to the business relations and transactions provided for in this agreement and, in any event, the provisions of the Italian Civil Code and Legislative Decree No. 206 of 6 September 2005 (Consumer Code) shall apply.
- Final regulations
16.1 This Agreement shall cancel and supersede all prior written and oral agreements, understandings and negotiations between the parties relating to the same subject matter hereof.
16.2 The invalidity of any provision shall not affect the validity of the contract as a whole.
16.3 These General Terms and Conditions have been drawn up in English and German. The contracting parties agree that in the event of interpretation difficulties, the text in Italian shall be regarded as authentic and effective.
GRANTING OF CONSENT
[…], on […]
ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS BY THE BUYER
In accordance with Art. 1341 and Art. 1342 of the Swiss Civil Code, the buyer declares that he has read the contract carefully and that he has read and understood the following
expressly agrees to these terms and conditions:
Art. 7 (limitation of liability),
Art. 8 (Warranty and customer service),
Art. 9 (Duties of the buyer),
Art. 10 (Right of withdrawal under Legislative Decree No. 206/2005),
Art. 11 (Explicit cancellation clause)
Art. 14 (Settlement of disputes and place of jurisdiction).
[…], on […]
Signature of the buyer