GENERAL SALES TERMS AND CONDITIONS
In this section you will find all the legal information that governs the access and use activities of the Shop of the AGRICULTURAL COMPANY MACERETO S.S.
Access and use of this Website, as well as the purchase of AZIENDA AGRICOLA MACERETO S.S. products, presuppose the reading, knowledge and acceptance of the following General Sale Conditions.
Please check this section before making any purchase, to know the most recent and updated General Sale Conditions.
I. AREA OF APPLICATION
1) These General Sale Conditions (“Conditions”) govern the sale of products and services through the Site and form an integral part of each Sales Contract (“Contract”) which is concluded on our on-line shop between:
AZIENDA AGRICOLA MACERETO S.S. Via Campagna, 27
50062 Dicomano (FIRENZE) Tuscany – Italy
Cod. Fiscale e P.I.: 06305520485
and any person purchasing products or services of the Site www.borgomacereto.it (The “Site”)
– The Customer –
2) Any product purchase at the CompanyMacereto S.S. is governed by these Conditions, without prejudice to the Seller’s right to apply different and particular conditions.
The applicable conditions are those in force at the time of ordering.
3) THE COMPANY MACERETO S.S. reserves the right to modify these General Sale Conditions at any time, without notice.
4) These Conditions do not regulate the sale of products or the supply of services by subjects other than the Seller, which are present or referred to on the Site through links, banners or other links and in relation to such sales or supplies of services, any form of liability of the Seller is excluded.
5) The Customer, before proceeding to confirm his Order, to read these Conditions and to accept them by placing a tick (flag) in the indicated box.
By placing an Order through the Site, the Customer guarantees both that he has the ability to act necessary to conclude legally sales contracts, and that he is 18 years old.
Customers who orders onthe site accept the saleterms and conditions in their entirety.
6) The Seller offers his products on sale limited on the stock available at the order time. Orders may be subject to quantity limitations, minimum or maximum.
7) The Customer can only purchase the products present in the on-line shop catalog at the order time, as described in the product sheets.
The information on the products on the Site, such as technical specifications, images, dimensions or details, are not binding and can be subject to changes at any time.
8) The steps for placing an Order are explained in the sequence of pages on the Site, byexplicative texts and graphics.
9) To click on “Order Confirmation”, the Customer will formulate a contractual purchase proposal with The Company Macereto S.S. for the items contained in the Shopping Cart.
The receipt of the order does not represent acceptance of the contractual offer of purchase.
10) To complete the Order, the following formalities must be completed:
a) reading and acceptance of the Customer, by “point and click”, of these Conditions;
b) full compilation of the order form by the Customer – by entering all the required data – wich contains a summary of the essential characteristics of each selected product or service purchased and their price; the method of payment and the delivery type chosen; the times and costs of shipping and delivery; the conditions Right of withdrawal and for the application of the legal guarantee of conformity; the methods and times for returning of the purchases;
c) payment to the Seller, of the price of product/s purchased by the Customer, including shipping and delivery costs;
d) automated submission of the aforementioned Order Form electronically to the Seller;
e) receipt of the Order Form by electronic means by the Seller.
The execution of the Order entails the express recognition by the Customer of the obligation to pay.
11) The correct receipt of an Order is confirmed by the AGRICULTURAL COMPANY MACERETO S.S. by e-mail to the e-mail address communicated by the Customer
This confirmation is generated automatically by the system and cannot be considered an acceptance of the Order in itself, but only confirmation of receipt of the same.
The confirmation e-mail repeats all the data entered by the Customer, who undertakes to verify its correctness and to promptly communicate any corrections.
12) Following the receipt of an Order, the AZIENDA AGRICOLA MACERETO S.S. will verify the availability of the products ordered and, only after this verification, will communicate its acceptance of the Order, by sending the Customer the Order Acceptance Receipt.
The Contract ends with the receipt by the Customer of the acceptance of the Order in the form of a Receipt sent by the AGRICULTURAL COMPANY MACERETO S.S., or, in the absence of such acceptance, with the delivery of the items covered by the Order.
Once the Order Acceptance Receipt has been sent to the Customer, it will no longer be possible to modify or cancel the Order, without prejudice to the right of withdrawal under the terms and conditions set out in Section VI of these Conditions below.
13) If the AGRICULTURAL COMPANY MACERETO S.S. is unable to process an Order received, will promptly communicate it to the Customer, and in any case before sending the Order Acceptance Receipt to the latter, except as provided in the following art. 14, paragraph 2.
In any case, the AZIENDA AGRICOLA MACERETO S.S. reserves, in its total discretion, the right to refuse an Order, to set purchase limits and to demand advance payment.
Each Contract will concern only the products expressly and specifically indicated in the Purchase Order.
Any form of liability, contractual or non-contractual, deriving from the non-acceptance of an Order is excluded.
14) The Seller will have the right not to process Purchase Orders made in accordance with the provisions of the previous provisions, in the event that the Customer has not made the payment for the products; or in the event that the customer’s data is incomplete and / or incorrect; or even in the event that the products ordered are not, even temporarily, available.
If the Seller does not process a Purchase Order made by the Customer, the Seller will promptly inform the Customer, by e-mail, of the foregoing and will reimburse what may have already been paid by the Customer.
III. PAYMENT OF THE PRICE
15) The price of the products ordered is the one in force on the day the Order is placed and must be paid to the Seller pursuant to article 10, lett. c).
Shipping costs are not included in the purchase price, but are indicated and calculated at the conclusion of the Order and before making the payment.
Unless otherwise provided, all prices indicated on the Site are to be understood as inclusive of VAT.
THE COMPANY MACERETO S.S. reserves the right to change prices at any time, without notice, unless the Customer’s Order has already been confirmed by the Seller pursuant to art. 12.
In the event of a price change after the Customer has sent the Order and before the Seller confirms it, the variation will promptly communicate by e-mail to the Customer, who can accept the change or refuse it and consequently, renounce the Order, without any additional cost.
Acceptance of the change must be communicated to the COMPANY MACERETO S.S., by e-mail, within 7 days of its communication. Otherwise, the change will be considered tacitly rejected and the Order will be canceled.
16) The Customer can pay for the products ordered through one of the payment methods indicated on the Site.
In the case of payment by credit card, the purchase amount will be charged to the Customer after the conclusion of the Order on the Site.
In the case of cash payment, the amount of the Order will be charged to the Customer upon delivery of the products.
In the case of payment by bank transfer, the Customer will receive the bank details attached to the Order Form: the Order will be processed only after receipt of the credit by the Seller.
The related financial information will be managed only by the payment circuits or by the credit institution.
The aforementioned information may be used by the Seller only to complete the procedures relating to the payment of the products or services, or to provide refunds following the exercise by the Customer of the right of withdrawal referred to in the following Section VI of these Conditions.
IV. SHIPPING AND DELIVERY OF PRODUCTS
17) Orders are processed from 9.00 am to 5.00 pm, from Monday to Friday. Orders placed after 5.00 pm on Friday will be processed on the following Monday.
Except as otherwise provided in the Order Form, THE COMPANY MACERETO S.S. will ship the products purchased, by courier, to the address indicated by the customer, indicatively within 24 working hours from the acceptance of the Order.
Delivery takes place no later than 30 days after acceptance of the Order.
THE COMPANY MACERETO S.S. does not assume any responsibility for disservices attributable due to force majeure or unforeseeable circumstances, even if dependent on malfunctions and disservices of the internet, in the event that it fail to execute the Order within the times specified in the Contract.
18) If the products were delivered outside the national territory, the Customer is responsible for paying any import charges and taxes, as well as for any duties and customs duties provided for by the legislation in force in the territory of destination of the purchases.
19) The courier is responsible for the delivery. THE COMPANY MACERETO S.S. will collect any reports of non-delivery or delayed delivery of the products.
20) Any damage to the packaging and/or products, or the mismatch in the number of packages or indications, must be immediately reported to the courier through a specific indication on the delivery document.
With the signing of the delivery document and in the absence of the aforementioned disputes, the Customer certifies the real physical integrity of the products and the conformity of the delivery.
The facts referred to in paragraph 1 of this article must be reported, by
e-mail, to the Seller within 8 days of delivery, attaching the invoice (if issued) and the customer copyof the courier’s consignment note.
21) The Seller will issue an invoice for each Customer who has requested it and who, for this purpose, has entered on the Order Form his tax and/or VAT number. In this sense, the information provided by the Customer at the time of the Order is authentic.
No invoice can be issued after submitting the Order Form, if not requested at the time of placing the Order.
No modification of the invoice will be possible after its issue.
When ordering, it is necessary to indicate whether the shipping address is different from the billing address.
VI. RIGHT OF WITHDRAWAL AND RETURNS
22) It will always be possible to exercise the right of withdrawal, based on the provisions of the law, within the term of 14 days from delivery of the products, contacting the Seller for the return procedure.
The goods must be returned, at the care and expense of the customer, within 14 days from the date on which the customer communicated to the COMPANY MACERETO S.S. his decision to withdraw.
In the case of open and/or partially used products, the right of withdrawal does not apply and the COMPANY MACERETO S.S. will inform the Customer by e-mail. In this case, the Customer may request the Seller, by e-mail, to return the purchased products at his own expense. Otherwise, the Seller reserves the right to retain both the products and the amount corresponding to the purchase of the products.
THE COMPANY MACERETO S.S. will only accept returns of goods in perfect condition and in their original packaging, accompanied by the copy of the invoice or, if missing, by the Order Acceptance Receipt.
In the case of service contracts, the withdrawal period ends after 14 days from the day of the conclusion of the contract in the forms referred to in the previous art. 12.
23) Except as provided in the previous provisions, once the return of the products has been obtained, THE COMPANY MACERETO S.S. will refund the amount paid by the Customer, using the same payment method chosen by the Customer during the purchase phase.
In the case of payment made by bank transfer, the Customer must communicate to the Seller the relevant bank details necessary for the reimbursement.
If there is no correspondence between the recipient of the products indicated in the Order Form and the person who made the payment of the sums due for their purchase, the refund of the sums deriving from the withdrawal will be made by the Seller to the person who made the payment.
The refund of the price paid by the Customer for the purchase of the products includes the shipping costs incurred at the time of the Order.
24) The guarantee consists in the replacement, at the expense of the Seller, of defective, incorrect or damaged products; or, if the replacement of the products is impossible or excessively onerous for the Seller, the guarantee will consist of a reasonable reduction in the price; or, again, in the termination of the contract, where the degree of non-conformity of the product is such as not to make acceptable a mere reduction in the price.
In the case of defective, incorrect or damaged products, the Customer will contact immediatly the Seller and in any case no later than the deadline referred to in article 25, by e-mail at email@example.com, indicating the problem.
To the written mail communication it will be necessary to attach photographic material certifying the originality of the packaging, the cardboard inserts, as well as relating to the products received.
In the case of defective products, in addition to the communication referred to the second paragraph of this article, the Customer is required to keep and return to the Seller the bottles purchased with at least ¾ of the content with the relative original caps well sealed. Received the goods and ascertained the anomaly, the Seller will replace or refund the returned product.
25) The warranty is subject, under penalty of forfeiture, to the reporting of the defect or lack of quality, within 2 months from the moment the customer has received the products.
26) The warranty, however, loses all effectiveness when the products have been modified by the Customer.
VIII. RULES OF LAW APPLICABLE AND JURISDICTION
27) These General Conditions of Sale and the Contract are governed by Italian law, except as provided for by the Vienna Convention of 1980.
28) Any dispute that arises from the application of these Conditions or from the Contract will be subject to the italianjurisdiction, with exclusive competence of the court of the place where the company has its registered and in according to current Italian legislation.