TERMS OF SERVICE

1. Subject

• • These General Conditions of Sale (hereinafter General Conditions) regulate and govern the contract concerning the sale and home delivery of products marketed (hereinafter Products) on the website https://www.giancarloceci.com of Agrinatura Società Agricola S.r.l., headquartered in Contrada Sant’Agostino, 76123 Andria (BT), VAT number 06359690721, registration with the Companies’ Register of Bari n.480497; the contract is concluded by Agrinatura Società Agricola S.r.l. with a purchasing party (hereinafter the Customer) through a distance selling system that employs the communication technology called “internet” (hereinafter the Contract).

1.2. Agrinatura Società Agricola S.r.l. reserves the right to modify these General Conditions. The validity of the new General Conditions will be effective from the moment of their publication on the site, and will be active from that moment.
1.3. These General Conditions therefore form an integral and substantial part of the Contract.
1.4. The reference legislation is Legislative Decree September 6, 2005, no. 206 (Consumer Code), which regulates all processes of a negotiation and/or contractual nature in which consumers are involved, and Directive 2000/31/EC of the European Parliament and of the Council of June 8, 2000 (Directive on Electronic Commerce), transposed into Italian law by Legislative Decree April 9, 2003, no. 70.

2. Orders and Confirmations

2.1. The Contract between Agrinatura Società Agricola S.r.l. and the Customer must be considered concluded with the acceptance, even if only partial, by Agrinatura Società Agricola S.r.l., of the purchase order coming from the Customer (hereinafter Order).
2.2. The Order must be complete in all its parts and must contain all the elements necessary for the exact identification of the Products ordered and the place of delivery. With the Order, the Customer declares that he/she has read all the indications provided to him/her during the purchase procedure, and that he/she accepts these General Conditions in full. The Customer may purchase only the Products in the catalog of the Site at the time of placing the Order, as described in the relevant information sheets. The image accompanying the description sheet of a product may not be perfectly representative of its characteristics, but differ, for example, in the year of production indicated. The Order cannot be placed in relation to Products which, although present in the catalog of the Site, are indicated as unavailable. In any case, the Products on the Site are offered until their availability is exhausted. Should an Order exceed the existing quantity in the warehouse, the purchase will be accepted limited to the available Products. In this case, the Customer will be informed and may arrange for the order to be revoked or supplemented with a replacement product.

2.3. The Order confirmation by Agrinatura Società Agricola S.r.l., transmitted by e-mail to the e-mail address provided by the Customer at the time of the Order, is valid as acceptance.The Order confirmation will contain the identification number, the date the Order was placed, the indication of the Products purchased, the relative price, the delivery costs, the data provided by the Customer for invoicing and/or delivery, the payment method chosen by the Customer among those indicated in art. 3 below. The Customer must without delay verify the contents of the Order confirmation and immediately report to Agrinatura Società Agricola S.r.l. any errors or omissions. Agrinatura Società Agricola S.r.l. may also send a rejection of the Order to the Customer, again by e-mail to the e-mail address indicated by the Customer when placing the Order. Any right of the Customer to damages or compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or property, caused by the non-acceptance, even partial, of an Order.

3. Pricing and Payment

3.1. All sales prices of the Products displayed and indicated within the Site constitute an offer to the public, are expressed in EURO and include VAT, unless otherwise indicated.
3.2. The Customer undertakes to pay the price of the Products indicated in the Order, following the appropriate instructions provided on the Site, by one of the following payment methods:

• Credit Card Payment
• Cash on Delivery Payment
• Bank transfer in advance

3.3. In cases of purchase of the Products by Credit Card, at the same time as the conclusion of the online transaction, the Banking Institute of reference will authorize only the commitment of the amount related to the purchase made. The amount relating only to the goods processed, even partially, will actually be charged to the Customer’s Credit Card only after the shipment of the Products by Agrinatura Società Agricola S.r.l. In case of cancellation of the Order by the Customer or in case of non-acceptance or rejection of the Order of the same by Agrinatura Società Agricola S.r.l., the same will simultaneously request the cancellation of the transaction and the release of the amount committed. Release times, for some types of Credit Cards, depend exclusively on the banking system and can go up to their natural expiration date (typically 24-25 days from the date of authorization). Once the cancellation of the transaction has been made, under no circumstances can Agrinatura Società agricola S.r.l. be held liable for any damages, direct or indirect, caused by delay in the failure of the banking system to release the committed amount. Agrinatura Società agricola S.r.l. reserves the right to ask the Customer for additional information (e.g. landline phone number) or to send copies of documents proving the ownership of the Credit Card used. In the absence of the required documentation, Agrinatura Società Agricola S.r.l. reserves the right not to accept/reject the Order. For the greater guarantee and security of the Customer, at no time during the purchase process, Agrinatura Società Agricola S.r.l. is able to know the information relating to the Customer’s Credit Card, transmitted via secure connection directly to the site of the Banking Institute handling the transaction. No computer file of Agrinatura società agricola S.r.l. will retain such data. Under no circumstances, therefore, can Agrinatura società agricola S.r.l. be held responsible for any fraudulent and undue use of Credit Cards by third parties, when paying for products purchased on the Site.
3.4. In case of payment by Bank Transfer in advance, the execution of the delivery of the Products indicated in the Customer’s Order will be kept suspended until the amount due is credited to the bank account in the name of Agrinatura società agricola S.r.l. and indicated on the Site. The Bank Transfer must be made by the Customer within three working days of receipt of the Order confirmation e-mail and the Customer must provide proof of the bank transfer order by sending a copy to Agrinatura società agricola S.r.l. – by fax to 0883.565223 or e-mail to info@agrinatura.net – within five working days of receipt of the Order confirmation e-mail. The crediting of the amount transferred to the current account of Agrinatura società agricola S.r.l. must take place within ten working days of receipt of the e-mail confirming the Order confirmation. If one of the three above-mentioned terms elapses in vain, the Order will be considered automatically cancelled and will not be processed by Agrinatura società agricola S.r.l. The reason for the Bank Transfer must state: (i) name and surname, name or company name of the Customer placing the Order; (ii) reference number of the Order and (iii) date the Order was placed.

4. Deliveries and Shipments.

4.1. The Products are shipped to the Customer at the destination address specified in the Order. If the addressee is absent at the time of delivery, a notice will be left and the Customer must personally arrange to contact the courier or forwarding agent as soon as possible to agree on the delivery arrangements.
4.2. The Products are accompanied by the Delivery Voucher or, at Customer’s request, the accompanying Invoice listing all Products shipped. The Invoice must be requested at the time of the Order, communicating the VAT number. Under no circumstances will Invoices be issued after the shipment of the Products.
4.3. Shipping costs shall be borne by the Customer, to the extent indicated on the Site during the purchase procedure, and the relevant payment by the Customer shall be made using the method chosen by the Customer at the time of the Order for payment of the Products.
4.4. If it is unable to deliver the Products indicated in the Order, because they have become, even temporarily, unavailable after the Order confirmation, Agrinatura società agricola S.r.l. will promptly notify the Customer by e-mail. Any amount already paid by the Customer will be refunded as soon as possible and, in any case, no later than thirty days from receipt of the Order.
4.5. No responsibility can be attributed to Agrinatura società agricola S.r.l. in case of delay in the fulfillment of the Order or in the delivery of what has been ordered attributable to force majeure or unforeseeable circumstances.

5. Liability

5.1. Agrinatura società agricola S.r.l. assumes no liability for inefficiencies attributable to force majeure (such as, merely by way of example, accidents, strikes, floods, fires, etc.) that prevent, in whole or in part, to give regular execution to the Contract. Agrinatura società agricola S.r.l. shall not be liable to any party for any damages, losses and costs incurred as a result of the non-execution of the Contract due to the above-mentioned causes, the Customer having only the right to a refund of the Price paid. Agrinatura società agricola S.r.l. is not responsible for any fraudulent and illegal use that third parties may make of credit cards and/or other means of payment, when paying for the Products purchased on the Site.
5.2. In any case, it is agreed as of now that, in the event of ascertained liability of Agrinatura società agricola S.r.l. for any reason against the Customer, the liability of Agrinatura società agricola S.r.l. shall not exceed the price of the Products purchased by the Customer and already paid and for which any dispute has arisen.
5.3. The liability of Agrinatura società agricola S.r.l. for delays in delivery may not exceed the amount of shipping costs incurred by the Customer.

6. Liability of auxiliary third parties

6.1. Agrinatura società agricola S.r.l. is not responsible for the actions of third parties who, as independent auxiliaries, intervene in the management or performance of payment transactions, delivery of Products and in any other operation related to the execution of the Contract.

7. Ownership of the Products

7.1. The right of ownership of the Products offered on the Site is acquired by the Customer after full payment for the Products and their delivery. Risk of breakage passes to the Customer upon delivery of the Products.

8. Right of withdrawal

8.1. The CONSUMER Customer may exercise the right of withdrawal if:

• communicates the cancellation of the Order by e-mail to Agrinatura società agricola S.r.l. before having received the Order confirmation or before the goods have been shipped;
• not being satisfied with the purchase made, agrees to the full and complete return of the Products received.

The right of withdrawal must be exercised, under penalty of forfeiture, by registered letter A.R. to the following address (which is also the address where to send the returned goods): Contrada Sant’Agostino – 76123 Andria (BT) within ten working days from the day of receipt of the Products. Said communication may also be anticipated by telegram or fax to 0883.565223 or by e-mail to info@agrinatura.net within the same timeframe, provided that it is confirmed by registered mail with return receipt within 48 hours after sending the telegram, fax or e-mail. Such communication must contain the data necessary for the identification of the order, the will to waive the purchase and the indication of the Product or Products for which you intend to exercise the right of withdrawal, attaching a copy of the fiscal document (Invoice or Delivery Voucher).
8.2. The right of withdrawal is instead excluded in the following cases (art. 5, paragraph 3, Legislative Decree 185/1999):

• purchase of Products made to measure or customized by Agrinatura Società agricola S.r.l., according to the specific requests of the Customer or which, by their nature, cannot be returned or are liable to deteriorate or alter rapidly;
• purchase of Products that have not been delivered due to the Customer’s absence from the place of delivery and at the time of their collection are altered or deteriorated due to the delay caused by the Customer;
• purchase of sealed packaged Products, opened by the Customer.

8.3. If the withdrawal is made in accordance with the provisions of the first paragraph of this article, any amount already paid for the Products and delivery costs shall be credited to the Customer by bank transfer to an account in his name and indicated. The refund shall be made as soon as possible and, in any case, within 15 days from the date on which Agrinatura società agricola S.r.l., having received notice of withdrawal from the CONSUMER Customer in the prescribed manner, also receives the ordered goods intact and in the original packaging at the following address: Contrada Sant’Agostino – 76123 Andria (BT)
8.4. The only costs borne by the Customer for the exercise of the right of withdrawal are the direct costs of returning the Products to Agrinatura Società Agricola S.r.l..

9. Complaints

9.1. Any complaint must be addressed by e-mail to the following e-mail address: info@agrinatura.net, or by writing to Agrinatura Società Agricola S.r.l. Contrada Sant’Agostino – 76123 Andria (BT)

10. Applicable law and place of jurisdiction

10.1. The Contract is governed by Italian law. For matters not expressly provided herein, the rules of law applicable to the relationships and cases provided for in the Contract shall apply.
10.2. For civil disputes concerning contracts of sale between the Customer and Agrinatura Società Agricola S.r.l. concluded through the Site, if the Customer is a consumer, the territorial jurisdiction is peremptorily assigned to the judge of the place of residence or domicile of the Customer, where located in Italy. In all other cases, the territorial jurisdiction is exclusively assigned to the Court of Andria.