1. Subject
1.1. The purpose of these General Terms and Conditions of Sale is to regulate the purchase of Products, made at a distance, via computer network, from the Site agritaste.com.
1.2. Owner of the Site is AGRITASTE simple agricultural company with registered office in fraz. Terzo La Pieve, 101 - 06049 Spoleto, P.iva n. 03563450547.
2. Acceptance of the general conditions of sale
2.1. All purchases of Products made through the Site (hereinafter, the Purchase Agreements) of users who access it (hereinafter, the Customers) are governed by these General Conditions as well as by the Italian Consumer Code (Legislative Decree no. 206/2005), as amended by Legislative Decree 21/02/2014 no. 21 and by Italian regulations on electronic commerce (Legislative Decree 70/2003).
2.2. By concluding the Purchase Contracts, according to procedure, the Customer accepts and undertakes to observe these General Terms and Conditions.
2.3. The Customer, therefore, is obliged to read carefully, before making any purchase transaction, these General Conditions that AGRITASTE makes available to him also in order to allow him to reproduce and store them in compliance with the provisions of Article 12, paragraph 3 of Legislative Decree 70/2003.
2.4. AGRITASTE may change, at any time and without notice, the content of the General Conditions. The General Conditions published on the Site at the time the purchase order itself is sent by the Customer shall apply to each individual Purchase Agreement.
3. Products
3.1 agritaste.com is an online product sales website.
3.2. All Products offered are detailed on the Site within their respective sections, distinguished by Product categories. The images and colors of the products offered on the Site may not perfectly correspond to the real ones due to the effect of the Internet browser and monitor used when connecting to the Site.
3.3. AGRITASTE assumes no liability for problems caused to the Customer by the use of the Site and the technologies employed as not dependent on its own will, such as but not limited to: a) errors, delays or inability to access the Site by the Customer when performing the sales procedure; b) errors, delays or inability to receive, by the Customer, communications made by AGRITASTE in connection with the sale of the Products.
4. Purchasing procedure
4.1. The Customer may purchase the Products in the electronic catalog, which are detailed on the Site within the respective sections by product category, as described in the relevant information sheets contained on the Site, complying with the technical access procedures illustrated therein.
4.2. In order to purchase Products, the Customer must proceed to register on the Site by entering his/her personal details, following the instructions provided by the registration program, and must fill in and send to AGRITASTE the order form in electronic format available on the Site, following the instructions therein. Purchase orders must be exactly filled out in every part. The Customer is solely responsible for the truthfulness of the data and the correctness of the information provided to AGRITASTE during registration through the Site and undertakes to promptly notify AGRITASTE of any changes in the data entered.
By registering and placing an order, the Customer declares that he/she has read, understood and accepted these Terms and Conditions and the further information contained in the Site including the privacy policy; that he/she is a person of legal age and possesses the legal capacity to act.
4.3. The Customer shall place the selected Products in the appropriate "Shopping Cart" and, after choosing the carrier and viewing and accepting the contribution for delivery costs, may proceed with the purchase.
4.4. If the Customer needs to modify the purchase order or to change certain data contained therein, he/she shall follow the appropriate modification procedure contained on the Site. In particular, the Customer will have the right to change the quantity of the Products he/she intends to purchase by adding or removing one or more Products from the Shopping Cart.
4.5. Once this operation is completed, the Customer will display a screen containing a summary of the purchase order, including delivery charges, with a request for further confirmation to the purchase procedure.
4.6. Following the display of the summary, the Customer shall select the desired type of payment from those made available and submit the order by clicking on the appropriate button.
5. Conclusion of the contract
5.1. The publication of the Products displayed on the Site constitutes an invitation addressed to the Customer to formulate a contractual proposal for purchase. The order sent by the Customer has the value of a contractual proposal and implies full knowledge and full acceptance of these General Conditions.
5.2. Each Purchase Contract entered into between AGRITASTE and the Customer shall be deemed to be concluded upon AGRITASTE sending an acceptance of the order to the Customer's e-mail address. This confirmation message will indicate an "Order Number", to be used in any subsequent communication with AGRITASTE. The message will re-propose, in addition to the information required by law, all the data entered by the Customer, who undertakes to verify their correctness and promptly communicate any corrections. Possible additional expenses determined by errors in the data not reported in a timely manner, will be the sole responsibility of the Customer.
5.3. Each order can be viewed by the Customer on the Site, in their personal area, if they are registered.
5.4. Occasional unavailability of the Products offered may occur, in which case, if the Products chosen by the Customer are, in whole or in part, unavailable, the order will be sent with the available products after sending notice to the Customer regarding the unavailable products.
5.5. AGRITASTE has the right to accept or not, at its own discretion, the order sent by the Customer, without the latter having any claim or right whatsoever, for any reason whatsoever, including compensation, in the event of non-acceptance of the order.
5.6. The Customer may at any time verify the content of the purchase contracts concluded by accessing his personal area of the Site, if he is registered. Such data will be available for a period equal to 6 months from the delivery of the Products.
6. Product prices
All Product prices are clearly indicated on the Site and are inclusive of VAT. Delivery charges are properly highlighted at the time of order. The cost of each shipment may vary depending on the delivery and payment method of the order.
7. Billing and Payment Methods
7.1. AGRITASTE shall issue an invoice for the Products purchased, at the time the Products are delivered to the courier for shipment, sending it by e-mail to the Customer. For the issuance of the invoice, the information provided by the Customer shall be binding. No change in the data will be possible after the invoice has been issued.
7.2. Payment for purchased Products is made by PayPal or bank transfer.
PayPal
PayPal, an eBay group company, is a fast and secure payment system.
Once the order is completed and the PayPal method is chosen as the payment method, the buyer will be redirected to the PayPal Site, where they can access their account by entering their personal e-mail address and password.
After registration, you can proceed with payments via PayPal without having to re-enter your information, even for subsequent purchases.
By choosing to pay with PayPal, the amount is charged directly to the assigned credit card (Visa, Visa Electron, Mastercard) or prepaid card (PostePay). PayPal protects the buyer's information as no financial information is passed.
A confirmation e-mail from PayPal will be sent with each transaction made by this method.
If the order is cancelled, the amount is refunded to the Customer's PayPal account.
Bank transfer
Upon the Customer's request, our bank details will be communicated, and delivery will take place within 3 working days after the transfer is credited to our bank account.
8. Method and cost of delivery
8.1. AGRITASTE undertakes to deliver the goods within 36-72 hours (for foreign countries 48-120 hours) from the conclusion of the contract, or from the receipt of payment in case of purchase by bank transfer. The shipment of the Goods will be made by courier with charges for transportation costs. The terms of delivery by courier indicated at the time of the purchase order, however, are indicative.
8.2. AGRITASTE delivers throughout Italy, and delivery will take place without appointment.
8.3. No liability, for any reason whatsoever, may be charged by Customer to AGRITASTE in the event of any delay in the processing of the order or delivery of the Products covered by the Purchase Agreements.
8.4. The Products ordered will be sent to the postal address specified by the Customer. Upon delivery of the Products by AGRITASTE to the assigned courier, an e-mail confirming the shipment will be sent to the Customer.
8.5. Deliveries will be made Monday through Friday, during normal business hours, excluding national holidays in the manner specified by the carrier. Delivery is deemed completed when the Product is made available to the Customer at the address specified in the order form. In case of non-delivery due to the absence of the recipient at the specified address, the courier will attempt a new delivery.
In case of impossibility to make the new delivery due to absence of the addressee, the courier in charge will attempt to contact the Customer to schedule a further delivery. In the event that, it should fail to contact the Customer for the next few days or in the event of further impossibility of delivery due to the absence of the recipient, the Products subject to the order will be redelivered to AGRITASTE.
After 5(five) days have elapsed from the date on which the Products object of the order have been returned to AGRITASTE due to the impossibility of executing the delivery, the contract will be considered terminated and the purchase order cancelled pursuant to Article 1456 of the Italian Civil Code.AGRITASTE will proceed to refund the amount paid by the Customer net of the costs of returning the Products and the costs of keeping them at the branch of the courier appointed for the delivery.
8.6 The termination of the contract and the amount of the refund will be communicated by e-mail. In the event that, before the lapse of 5 (five) days, the Customer requests to receive the purchased Products again, AGRITASTE will proceed with the new delivery subject to charging, in addition to the costs of the same, the costs of returning the Products to AGRITASTE and the costs of storage.
8.7 Upon delivery of the Products by the courier appointed by AGRITASTE, the Customer is required to scrupulously check that the packaging is not damaged or in any way altered and that the number of pieces being delivered corresponds to that indicated in the transport document.
8.8. Any damage to the packaging and Products or mismatch in the number of pieces/packages or indications must be immediately contested by the Customer at the time of delivery to the courier by noting on the transport document the wording (signature subject to control and the reason) and immediately contact AGRITASTE, specifying the order for which such mishaps occurred and the courier's shipping number.
9. Discount Coupons - Promotions
9.1 Any discount vouchers or promotions may be entered when the Customer fills out the purchase order. The system will update the total amount of the order net of the value of the voucher.
9.2. The coupon may not be combined with other commercial initiatives.
10. Right of withdrawal and its effects
10.1 The Customer has the right to withdraw from the contract, without giving a reason, within 14 days of receipt of the products (withdrawal period).
10.2 The withdrawal period expires after 14 days from the day the Customer , acquires physical possession of the goods, or in the case of a contract for multiple goods ordered in one order and delivered separately, from the day the Customer , acquires physical possession of the last good.
10.3. To exercise the right of withdrawal, the Customer must request return authorization from AGRITASTE, communicating its decision to withdraw from the contract by means of an explicit statement (e.g. letter sent by mail, fax or e-mail to info@agritaste.com), indicating "Order Number" and Product codes.
10.4 If the Customer withdraws from this contract, all payments it has made in favor of AGRITASTE will be refunded, minus the shipping costs due to the courier. Such refunds will be made only after receipt of the returned products, using the same means of payment used by the Customer for the initial transaction, unless otherwise expressly agreed.
10.5. The Customer shall return the goods or deliver them to AGRITASTE, without undue delay and in any event within 14 days of receipt of the contracted goods. The deadline is met if the Customer returns the goods before the expiration of the 14-day period. The direct costs of returning the goods will be borne by the Customer. In addition, the Customer assumes any responsibility in case of loss or damage of the goods during transportation until delivery to AGRITASTE.
10.6 The Customer may not exercise the right of withdrawal in the event that the returned Products have been opened or altered, or show signs of use. Each product must be returned inclusive of all original labels and tags. All this is considered an integral part of the product and must not have been damaged and/or altered.
10.7 If the right of withdrawal is exercised by following the procedures and terms described in this article,AGRITASTE will as soon as possible send the Customer by e-mail, the relevant confirmation of acceptance of the returned Products.
10.8 In any case, the mode of returning the Products by cash on delivery is prohibited.
10.9. Once the goods have arrived in our warehouse and checked, if in conformity, AGRITASTE will make a refund of the value of the goods, of which it will receive notification by e-mail, with the relevant Credit Note attached. The refund will be made using the same payment system used by the Customer, unless expressly agreed otherwise.
11. Product non-conformity and defective products
11.1. The Products offered on the Site comply with national and EU legislation. The images and colors of the Products posted on the Site may differ from the actual ones due to the local settings of the systems and/or tools used to display them.
11.2. In case of lack of conformity of the purchased Products with respect to the description published on the Site and in case of altered Product, the Customer is entitled to an immediate refund of the non-conforming good, after sending it by the means described in Article 10 of these General Terms and Conditions.
11.3 Notice will follow from AGRITASTE stating the method of reimbursement and return of defective products, excluding any further liability of AGRITASTE for any reason whatsoever.
11.4. In any case, the provisions on the legal guarantee of conformity of goods, provided by the Italian Consumer Code (Legislative Decree 206/2005, Part IV, Artt.102-135), are without prejudice
12. Processing of personal data
Customers' data are processed by AGRITASTE in accordance with the provisions of current legislation on the protection of personal data, as specified in the information in the specially dedicated section called "Privacy Policy".
13. Communications and complaints
All communications or complaints, if any, from the Customer to AGRITASTE with respect to the Purchase Agreements, should be communicated through the appropriate form on the contact page.
14. Intellectual Property Rights
All trademarks (registered and unregistered), as well as any and all intellectual property, distinctive sign or name, image, photograph, written or graphic text and more generally any other intangible asset protected by the laws and international conventions on intellectual property and industrial property, reproduced on the Site remain the exclusive property of AGRITASTE and/or its assignees, without any right deriving to the Customer from accessing the Site and/or entering into the Purchase Agreements. Any use, even partial, of the same is prohibited without the prior written authorization of AGRITASTE, in whose favor all related rights are exclusively reserved.
15. Applicable Law and Jurisdiction
15.1 These General Terms and Conditions and any and all contracts entered into with the Customer are governed by Italian law, without prejudice to the application of EU legislation and international treaties, when applicable, as well as national consumer protection legislation.
15.2 For any dispute relating to the interpretation, execution, validity or effectiveness of these General Conditions and any contract entered into with the Customers, the Court of Spoleto shall have exclusive jurisdiction.
