1. INTRODUCTION

1.1 – The following General Terms and Conditions concern the regulation of the purchase of products online, via a telematic network, from the agritaste.com website.

1.2 – Owner of Agritaste E-Shop is AGRITASTE SIMPLE AGRICULTURAL COMPANY with headquarter in Terzo la Pieve, 101 06049 Spoleto. Vat Number 03563450547

2. ACCEPTANCE OF THE GENERAL SALES CONDITIONS

2.1 – All purchases made through this website (hereinafter called Purchase Agreements) by users (hereinafter called Customers) are regulated by these General Terms and Conditions and by Italian Legislative Decree 206/2005 (Consumer Protection Code) as amended by Legislative Decree February 21, 2014 n.21 and by Italian rules on electronic commerce (Legislative Decree 70/2003).

2.2 – According to the procedure, the Customer accepts and undertakes to observe these General Sales Conditions.

2.3 – Therefore, before making any purchase transaction, the Customer is required to read carefully these “General Terms and Conditions”, that Agritaste provides on the website which can be saved and reproduced in compliance with Legislative Decree n. 70/2003, art. 12, point 3.

2.4 – General Terms and Conditions may be amended without prior notice, at any time, by Agritaste. The applicable General Terms and Conditions are those in force at the date on which a purchase order is placed. Customers are thus urged to read the most recent version of General Terms and Conditions, prior to any purchase.

3. PRODUCTS

3.1. agritaste.com is an online product sales site.

3.2. All the Products offered are illustrated in detail on the website within the related sections, divided by Product categories. The images and colours of the products provided on the Site may not perfectly correspond to the real ones due to the Internet browser and the monitor used when connecting to the website.

3.3. AGRITASTE  is not responsible for problems caused to the Customer using the website and its technologies as they do not depend on their own will, such as, for example: a) errors, delays or impossibility to access to the website by the Customer when following the sales procedure; b) errors, delays or impossibility to receive confirmation by  AGRITASTE in relation to the sale of the Products.

4. PURCHASE PROCEDURE

4.1. The Customer can purchase the Products in the online electronic catalogue, illustrated in detail on the Website within the related sections by product category, as described in the relevant information sheets provided in the website, following the technical access procedures illustrated therein.

4.2. To purchase the Products, the Customer must register on the website by entering their personal details, following the instructions provided by the registration program, and must complete and send to AGRITASTE the order form in electronic format available on the website, following the instructions provided therein. Purchase orders must be fully completed. The Customer is the only one responsible for the truthfulness of the data and for the correctness of the information provided to AGRITASTE during registration via website and undertakes to promptly communicate any changes to the data entered.

By registering and sending the order, the Customer declares to have read, understood and accepted these General Conditions and the additional information provided on the website including the  privacy policy ; to be more than 18 years old, with the legal capacity to act.

4.3. The Customer must enter the selected Products in the appropriate “Cart” and, after choosing the courier and viewed and accepted the contribution for the delivery costs, can proceed with the purchase.

4.4. If the customer needs to modify the purchase order or to modify some details, he/she must follow the appropriate modification procedure provided on the website. Specifically, the Customer will have the right to change the quantity of Products he/she intends to purchase, adding or deleting one or more Products from the Cart.

4.5. Once this operation has been completed, the Customer will be displayed a screen containing the summary of the purchase order, including the delivery costs, with a request of a further confirmation of the purchase procedure.

4.6. After viewing the summary, the customer must select the type of payment desired, among those available and send the order by clicking on the appropriate button.

5. TERMINATION OF THE CONTRACT

5.1. The publication of the Products displayed on the website is an invitation to the Customer to make a contractual purchase proposal. The order sent by the Customer is a contractual proposal and implies full knowledge and full acceptance of these General Conditions.

5.2. Each Purchase Agreement between AGRITASTE and the Customer will be considered concluded when AGRITASTE will send the acceptance of the order to the Customer’s email address. This confirmation message will provide an “Order Number”, to be used in any subsequent communication with AGRITASTE. The message will display, in addition to the mandatory information by law, all the data entered by the Customer who must verify its correctness and promptly communicate any correction. For possible increases in costs caused by errors in data not promptly reported, the Customer will be the only party responsible.

5.3. Each order can be viewed by the Customer on the website, in his personal area, if he is registered.

5.4. Occasional unavailability of the Products offered may occur, in which case, if the Products selected by the Customer are not, in whole or in part available, the order will be sent with the products available after having sent notice to the Customer regarding the products temporary not available.

5.5. AGRITASTE has the right to accept or not, at its discretion, the order sent by the Customer, without the latter being able to make claims or appeal to any rights, in any capacity, including compensation, in the event the order is not accepted.

5.6. The Customer can check at any time the content of the purchase contracts concluded by accessing his/her personal area on the website, if he/she is registered. This data will be available for a period of 6 months from the delivery of the Products.

6. PRODUCT PRICES

All Product prices are clearly indicated on the website and are inclusive of VAT. Delivery costs are adequately highlighted when ordering. The cost of each shipment may vary depending on the method of delivery and payment of the order.

7. INVOICING AND PAYMENT METHODS

7.1. AGRITASTE issues an invoice for the Products purchased, when the Products are delivered to the courier for shipment, sending it via e-mail to the Customer. The information provided by the Customer will be used to issue the invoice. No changes to the data will be possible after the invoice has been issued.

7.2. The payment for the purchased Products is made by PayPal or bank transfer.

PayPal

PayPal, one of eBay company group, is a fast and secure payment system.

Once the order has been completed and the PayPal method has been chosen as payment method, the buyer will be redirected to the PayPal website, where he will be able to access his account by entering his personal e-mail address and password.

After the registration, payments can be made via PayPal without re-entering the data, even for further purchases.

By choosing to pay with PayPal, the amount is debited directly from the assigned credit card (Visa, Visa Electron, Mastercard) or prepaid (PostePay). PayPal protects the buyer’s information as no client’s financial information is disclosed.

A confirmation email from PayPal will be sent for each transaction performed with this method.

In case of cancellation of the order the amount is refunded to the Customer’s PayPal account.

Bank transfer

At Customer’s request, our bank details will be communicated, and the delivery will take place within 3 working days from the credit transfer on our bank account.

8. DELIVERY METHODS AND COSTS

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 receipt of payment in case of purchase by bank transfer. The shipment of the Products will be carried out by courier with charge of transport 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 an appointment.

8.3. No responsibility, for any reason, may be charged by the Customer to AGRITASTE in case of delay in the order or delivery of the Products covered by the Purchase Contracts.

8.4. The ordered Products will be sent to the postal address specified by the Customer. Upon delivery of the Products by AGRITASTE to the courier in charge, a shipment confirmation e-mail will be sent to the Customer.

8.5. Deliveries will be made from Monday to Friday, during normal office hours, excluding national holidays in the manner indicated by the courier. Delivery is considered 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 execute the new delivery due to the absence of the recipient, the courier in charge will try to contact the Customer to schedule a further delivery. In the event that, failing to contact the Customer for the following days or in case of further impossibility of delivery due to the absence of the recipient, the Products object of the order will be returned to AGRITASTE.

After 5 (five) days from the date on which the Products subject to the order were returned to  AGRITASTE due  to impossibility of delivery, the contract will be terminated and the purchase order cancelled according to art. 1456 cc. AGRITASTE  will reimburse the amount paid by the Customer, net of the costs of returning the Products and the costs of storing them at the courier’s branch appointed for delivery.

8.6. The termination of the contract and the refund amount will be communicated via e-mail. In the event that, before the 5 (five) days have elapsed, the Customer requests to receive the purchased Products again,  AGRITASTE will proceed with the new delivery subject to the charge, in addition to the expenses thereof, of the costs of returning the Products to  AGRITASTE  and the expenses of custody.

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 otherwise altered and that the number of pieces being delivered corresponds to what is indicated in the transport document.

8.8. Any damage to the packaging and to the Products or the mismatch in the number of pieces/packages or indications must be immediately claimed by the Customer upon delivery to the courier, stating the wording on the transport document (signature subject to control and motivation) and immediately contact  AGRITASTE , specifying the order for which these errors occurred and the courier’s shipping number.

9. Discount Coupons – Promotions

9.1. Any discount vouchers or promotions may be added when the Customer completes the purchase order. The system will update the total amount of the order net of the value of the voucher.

9.2. The discount voucher cannot be combined with other commercial initiatives.

10. RIGHT OF WITHDRAWING AND ITS EFFECTS

10.1 The Customer has the right to withdraw from the contract, without underlining the reason, within 14 days of receipt of the products (withdrawal period).

10.2 The withdrawal period expires after 14 days from the day on which the Customer acquires physical possession of the goods, or in the case of a contract relating to multiple goods ordered in a single order and delivered separately, from the day on which the Customer acquires physical possession of the last goods.

10.3. To exercise the right of withdrawal, the Customer is required to request the return authorization from  AGRITASTE , communicating its decision to withdraw from the contract by an explicit declaration (for example letter sent by post, 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 made to AGRITASTE will be refunded, minus the shipping costs due to the courier. These refunds will be made only after receipt of the returned products, using the same payment method used by the Customer for the initial transaction, unless otherwise expressly agreed.

10.5. The Customer is required to return the goods or deliver them to AGRITASTE, without undue delay and in any case within 14 days from the receipt of the goods relating to the contract. The deadline is met if the customer sends the goods back before the 14-day period expires. The direct costs of returning the goods will be charged to the Customer. Furthermore, the Customer takes all responsibility in the event of loss or damage to the goods during the transport up to the time of 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 being used. Each product must be returned with all original labels and tags. All this is considered part of the product and must not have been damaged and/or altered.

10.7. If the right of withdrawal is exercised following the methods and terms described in this article, AGRITASTE will send to the Customer the confirmation of acceptance of the returned Products as soon as possible by e-mail.

10.8. In any case, the method of returning the products by COD is not allowed.

10.9. Once the goods have arrived in our warehouse and checked, if compliant, AGRITASTE will reimburse the value of the goods, which will be notified by e-mail, with the relevant Credit Note attached. The refund will be made using the same payment method used by the Customer, unless otherwise expressly agreed.

11. NON-CONFORMITY PRODUCTS AND DEFECTIVE PRODUCTS

11.1. The Products offered on the website comply with national and EU legislation. The images and colours of the Products published on the website may differ from the actual ones due to the local settings of the systems and/or tools used for their display.

11.2. In the event of lack of conformity of the Products purchased with respect to the description published on the website and in the event of altered Product, the Customer has the right to immediate reimbursement of the non-conforming goods, subject to sending by the methods described in Article 10 of these General Contract Conditions .

11.3. Communication from AGRITASTE will follow stating the repayment and return of defective products, excluding any further responsibility from AGRITASTE, for any reason.

11.4. The provisions regarding the legal guarantee of conformity of the goods, provided for by the Italian Consumer Code (Legislative Decree 206/2005, Part IV, Articles 102-135) are reserved.

12. PROCESSING OF PERSONAL DATA

Customers data is processed by LAURA COMMERCIALE SRL – UNIPERSONALE in accordance with the provitions of the current regulations on the protection of personal data, as specified in the “Privacy Policy” section.

13. COMMUNICATIONS AND COMPLAINTS

All communications or complaints made by the Customer against Laura Commerciale SRL Unipersonale regarding the Purchase Contracts must be done through the specific form on  the contact page .

14. INTELLECTUAL PROPERTY RIGHTS

All trademarks (both 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 international laws and conventions on the subject related to intellectual property and industrial property, reproduced on the website, remain exclusive property of Laura Commerciale SRL Unipersonale and/or its affiliated persons, and the Customer will not gain any right by accessing to the website and/or stipulating Purchase Contracts. Any use, even partial, of these rights is prohibited without the prior written authorization of AGRITASTE, to whom all the rights are reserved.

15. APPLICABLE LAW AND COMPETENT COURT

15.1 These General Conditions and any and all contracts stipulated with the Customer are regulated by the Italian law, with exception of the Community legislation and international treaties, when applicable, as well as the national legislation protecting consumers.

15.2 For any dispute concerning the interpretation, execution, validity or effectiveness of these General Conditions and of any contract stipulated with the Customers, the Court of Spoleto will have exclusive jurisdiction.