GENERAL SALES CONDITIONS
General conditions of Sale
Effective from 09/26/2019
These General Conditions of Sale govern the offer and sale of agri-food products through the website www.ilbagolaro.store.it (hereafter "website").
The products marketed on the website ("Products") are offered and sold by IL BAGOLARO S.S.A., with registered office in via R.PIRIA n.6 _ Cap 00156 (Rome) - Italy, registered in the Companies Register of Rome at n. 1096215, VAT number 08468831006 (hereinafter "IL BAGOLARO farm").
On the website, IL BAGOLARO farm offers for sale olive and processed products of fruit and vegetables (hereinafter the products) identified with the IL BAGOLARO brand.
IL BAGOLARO farm is the owner of the site, as well as the owner of the IL BAGOLARO brand.
- Scope of application and site navigation.
1.1 The offer and sale of the products on the website constitutes a distance contract governed by Chapter I, Title III (articles 45 and following) of the Legislative Decree 6 September 2005, n. 206 ("Consumer Code") and by Legislative Decree 9 April 2003, n. 70, containing the discipline of electronic commerce.
1.2 These General Conditions of Sale apply to all sales made by the IL BAGOLARO farm on the Site.
1.3 The General Conditions of Sale can be modified at any time. Any changes and / or new conditions will be in force from the moment of their publication on the Site, in the "Legal Notes" section. Users are therefore invited to regularly access the website and to consult, before making any purchase, the most updated version of the General conditions of Sale.
1.4 The applicable General Conditions of Sale 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 the supply of services by subjects other than the IL BAGOLARO agricultural company that may be present on the website through links, banners or other hypertext links.
1.6 The user is required to carefully read these General Conditions of Sale, which the IL BAGOLARO farm makes available on the website and whose storage and reproduction is permitted, as well as all other information that the agricultural company IL BAGOLARO provides on the website, both before and during the purchase procedure.
1.7 The website allows each user to browse and make purchases of the Products present in the showcase of the Site itself.
- Purchase on the Site.
2.1 The purchase of the products on the website is allowed only to subjects who:
the. have turned 18;
- have the quality of consumers, meaning natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any entrepreneurial, commercial, professional or artisan activity that may be carried out;
iii. do not fall within the circumstances provided for in the following art. 10:11
2.2 The user is allowed to purchase multiple Products;
2.3 The agricultural company IL BAGOLARO reserves the right to refuse or cancel orders that come from:
the. a user with whom it has a legal dispute in progress;
- a user who has previously violated the conditions and / or terms of the purchase contract;
iii. a user who has been involved in fraud of any kind and, in particular, in fraud related to credit card payments;
- users who have issued false, incomplete or otherwise inaccurate identification data.
- Registration on the website.
3.1 The purchase of the Products on the website can take place upon registration on the site or in "guest" mode.
3.2 Registration on the website is free. To register on the website, the user must complete the appropriate form, inserting his name, surname, title, an e-mail address and a password and clicking on "Register". The successful registration on the website will be confirmed to the user by means of a specific e-mail.
3.4 The registration credentials (e-mail address and password) allow the user to make purchases on the site by payment by credit card.
In any case, the registration credentials must be kept with extreme care and attention, they can only be used by the user and cannot be transferred to third parties. The user agrees to keep them secret and to ensure that no third party has access to them. He also undertakes to immediately inform the IL BAGOLARO farm if he suspects or becomes aware of an improper use or an undue disclosure of the same.
3.5 The user guarantees that the personal information provided during the registration procedure on the Site and / or at any other moment of his relationship with the IL BAGOLARO farm is complete and truthful and undertakes to keep the farm harmless and indemnified IL BAGOLARO 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 conservation of registration credentials.
3.7 Registration on the website and / or purchase through the Site constitute acceptance of these General Conditions of Sale.
- 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, IL BAGOLARO farm informs the user that:
to conclude the purchase contract for one or more Products on the website, the user must complete an order form in electronic format and transmit it to the IL BAGOLARO farm, electronically, following the instructions that will appear on the website;
- the contract is concluded when the order form reaches the server of the IL BAGOLARO farm;
iii. before proceeding with the transmission of the order form, the user can identify and correct any data entry errors by following the instructions on the website;
- once the order form has been registered and confirmation of the validity of the payment method used has been received, IL BAGOLARO will send the user, to the email address indicated, the order confirmation containing: a summary of the General Conditions of Sale, as well as the details applicable to the contract, the information relating to the essential characteristics of the conditions of the product purchased, the detailed indication of the price, the means of payment used, the delivery costs and any additional costs as well as information on the right to withdrawal or exclusion;
- the order form will be filed in the database of the IL BAGOLARO farm for the time necessary to execute it and, in any case, in accordance with the law. To access your order form, the registered user can consult the "My Account - My Orders" section of the website.
4.2 The languages available to users for the conclusion of the contract are Italian and English.
- Availability of Products.
5.1 The Products offered on the website are products processed by the same company, the IL BAGOLARO brand, following the seasonality and availability, present in the catalog / electronic showcase published on the website at the time the order is placed by the user.
5.2 The availability of the Products is continuously monitored and updated. However, since the website can be visited by multiple users at the same time, it may happen that multiple users purchase the same Product at the same time. In such cases, therefore, the Product may be available for a short period of time, while it is instead out of stock or not immediately available, being necessary to wait for the restocking for the same.
5.3 If the Product is unavailable for the reasons indicated above or in other cases of unavailability of the Product, without prejudice to the other rights attributed to the user by law and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code , the IL BAGOLARO farm will immediately notify the user. The user will therefore be entitled to terminate the contract immediately.
Alternatively, the user can accept one of the following proposals from the IL BAGOLARO farm:
if a product restocking is possible: an extension in the terms of delivery, with indication of the new delivery term of the restocked Product;
- if a product restocking is not possible: the supply of a different product, of equivalent or greater value, upon payment, in the latter case, of the difference, and upon express acceptance by the user.
5.4 In the event that the user makes use of the right of termination pursuant to art. 61, IV and V paragraph, of the Consumer Code, and the payment of the total amount due - consisting of the price of the Product, delivery costs, if applied, and any other additional costs, as resulting from the order - both already occurred, the IL BAGOLARO farm will reimburse the amount due, within 15 calendar days from the exercise of the right of termination by the user. The refund amount will be communicated to the user via e-mail and credited to the same payment method used by the user for the purchase. In case of payment by bank transfer, the refund will be made by bank transfer. In any case, the value date of the re-credited amount will be the same as the debit.
5.5 The previous articles 5.3 and 5.4 will also be applied in the case of a multiple order if (i) all the Products covered by the order are unavailable or (ii) only some, it being understood that in the latter case they will apply exclusively in relation to the Products not available. The resolution of the entire multiple order will in fact be possible only in the event of evident and proven accessories of the Product / s covered by the multiple order which have become unavailable with respect to the other Products covered by the multiple order available.
- Product information.
Each Product is accompanied by an information sheet that illustrates its main characteristics. The images and descriptions on the website reproduce the characteristics of the Products as faithfully as possible. For the purposes of the purchase contract, the description of the Product contained in the order form sent by the user will prevail.
7.1 All prices of the Products published on the website are expressed in Euros (or in local currency, outside the European perimeter) and are inclusive of VAT.
7.2 the agricultural company IL BAGOLARO 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 the user will be that indicated on the website at the time the order is placed and that any variations (increasing or decreasing) subsequent to the transmission of the same will be taken into account.
7.3 In the event that a Product is offered on the website at a discounted price, the full reference price against which the discount is calculated will be indicated in the Product Sheet.
- Purchase orders.
8.1 The Products will remain the property of the IL BAGOLARO farm until payment has been made by the user of the total amount due. 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 be deemed terminated by law pursuant to and for the purposes of art. 1456 of the Italian Civil Code, without prejudice to the provisions of art. 9.3. The user will be notified by e-mail of the termination of the contract and the consequent cancellation of the order.
8.2 The IL BAGOLARO farm will ship the Products only after receiving confirmation of the successful outcome of the payment of the total amount due by the user. The risk of loss or damage to the Products for reasons not attributable to the IL BAGOLARO farm, on the other hand, will be transferred to the user, when the latter, or a third party designated by him and other than the carrier, will physically take possession of the Products.
- Methods of payment in the case of purchase on the Site.
9.1 Payment for the Products purchased on the Site can be made:
- • by credit card;
- • by bank transfer;
- • by PayPal payment.
9.2 If one or more of the payment methods listed above cannot be used , possibly also in relation to a specific Product, this will be clearly indicated on the website, at the beginning of the purchase procedure or, at the latest, before that the user completes the purchase and transmits the order. In any case, the unavailable payment method / methods cannot be selected by the user during the purchase process.
9.3 The payment of the Products by bank transfer must be made no later than four working days from the date of receipt of the confirmation e-mail. Once this term has elapsed unnecessarily, the contract will be considered terminated by right pursuant to and for the purposes of art. 1456 of the Italian Civil Code The termination of the contract, of which the user will be notified by e-mail, will result in the cancellation of the order.
9.4 In the case of payment by bank transfer, the delivery times of the Product will start from the date of receipt of the transfer. The user is advised to promptly send the bank transfer receipt to the IL BAGOLARO farm via e-mail.
9.5 In the case of payment through PayPal, the user will be redirected to the website www.paypal.com where he will pay for the Products according to the procedure provided for and governed by PayPal and to the terms and conditions of the contract agreed between the user and PayPal .
9.6 In the case of payment through PayPal, the total amount due will be charged by PayPal to the user at the same time as the conclusion of the online contract
- Delivery of the Products.
10.1 The Delivery of the Products purchased on the Site is made to the shipping address indicated by the user in the order form;
10.2 The shipping costs of the Products, which may vary in relation to the shipping method chosen by the user, and any other additional costs are charged to the user. Their amount will be expressly and separately indicated (in Euro and inclusive of VAT in the order summary.
10.3 It is up to the user to check the conditions of the Product that has been delivered to him. It being understood that the risk of loss or damage to the Products, for reasons not attributable to the IL BAGOLARO farm, is transferred to the user when the user, or a third party designated by him and other than the carrier, physically enters into possession of the Products. . The application of the rules on the right of withdrawal and the legal guarantee of conformity remains unaffected.
- Right of withdrawal.
11.1 The user who acts as a consumer has the right to withdraw from the purchase contract of the Product without having to incur different costs, within the term of fourteen calendar days. The withdrawal period ("Withdrawal Period") expires after 14 days:
- a) 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 Products; or
- b) 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.
11.2 To exercise the right of withdrawal, the user must inform the IL BAGOLARO farm, before the withdrawal period expires, of his decision to withdraw.
11.3 To this end, the user must submit any other explicit declaration of his decision to withdraw from the contract, indicating the order number, the Product (s) for which he / she intends to exercise the right of withdrawal and his address.
11.4 Following the exercise of the right of withdrawal, the user must return the Products to the IL BAGOLARO farm, without undue delay and in any case no later than 14 calendar days from the date on which has communicated its decision to withdraw to the IL BAGOLARO farm; the Product is intended to be returned when it is delivered, within the aforementioned term, to the IL BAGOLARO farm.
11.5 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 entitle you to any refund.
- Legal Warranty of the Products.
12.1 All products sold on the Site are covered by the Legal Guarantee of Conformity provided for in articles 128-135 of Legislative Decree n. 206/2005 ("Consumer Code") ("Legal Guarantee").
12.2 The Legal Guarantee is reserved for consumers. It therefore applies only to users who have made the purchase on the Site for purposes unrelated to any business, commercial, craft or professional activity that may be carried out.
12.3 The seller is liable to the consumer for any defect existing at the time of delivery of the product and which occurs within two years of such delivery.
- 1 Applicable law
13.1 The purchase contract concluded on the website is governed by the Italian law.
13.2 The above shall not prejudice the application of more favorable conditions applicable in the country of residence, or provisions that are binding under the terms of the locally-applicable legislation, in the case of users whose normal residence is not in Italy, in particular with respect to the deadline for exercising of the right of withdrawal and/or the deadline for the return of the products in the event they wish to exercise this right, the procedures and formalities for communication thereof and in the legal guarantee of conformity.
13.3 Note that in the case of consumer users, any disputes concerning the application, implementation and interpretation of the present General Conditions of Sale, shall be resolved by the court having jurisdiction in the user's place of residence or chosen domicile.
13.4. Pursuant to Art. 141-bis, paragraph 3 of Legislative Decree of 6 September 2005, no. 206 (Consumer Code), the Seller informs the Buyer that holds the status of consumer in accordance with Art. 3, paragraph 1, lett. a) of the Consumer Code, which, in the event that he has lodged a complaint directly with the Seller, as a result of which it was not possible to resolve the dispute as such, the Seller will provide information in relation to the body or bodies of Alternative Dispute Resolution for the out-of-court settlement of disputes relating to obligations arising from a contract concluded on the basis of these General Terms and Conditions (so-called ADR, as indicated in Articles 141-bis and following Consumer Code), specifying whether or not it intends to use these bodies to resolve the dispute. It also informs the user who holds the qualification of consumer pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code which has established a European platform for the online resolution of consumer disputes (the so-called ODR platform).