These General Conditions of Sale (hereinafter the “General Conditions”) govern the contract stipulated between Società Agricola Montenibbio Srl (hereinafter the “Company”) and the Customer in the event of purchase of products by the Customer, in accordance with Italian law, in particular Legislative Decree 70/2003 relating to electronic commerce, Legislative Decree 206/2005 (the “Consumer Code” in the applicable parts) and the relevant provisions of the Civil Code.
Each order sent to the Company by a Customer constitutes a contractual proposal by the Customer and, therefore, will be binding on the Company only if, and when, the order is expressly confirmed for acceptance by the Company.
In the event of partial acceptance by the Company, the Customer is required to confirm the partial order in writing. If the Customer does not receive an order confirmation, the order will be considered rejected by the Company and, therefore, void.
The order must contain the information necessary to identify the Customer and the products ordered, as well as the place of delivery.
Before sending an order proposal, the Customer is required to carefully read all the instructions provided during the purchase procedure, these General Conditions and the Privacy Policy.
Acceptance will be sent by the Company, usually by email, after verifying the correctness of the order and the availability of the ordered products.
The contract will be considered concluded when the Customer receives the final confirmation email from the Company.
The Company reserves the right, at its sole discretion, to accept or reject the order, or to accept it partially, promptly informing the Customer of any partial unavailability of the ordered products. The images on the website are provided to facilitate product identification; due to packaging variations by the Company, the photos may not accurately reflect the appearance of the delivered product.
In the event of the Company's failure to fulfill an accepted order, the Company will inform the Customer as soon as possible, refunding any sums already paid, possibly adjusted based on the cost of the partially delivered products, without the right to compensation or indemnity of any kind.
The prices applied are those indicated, from time to time, on the site at the time the Customer places the order. All prices listed on the site include VAT.
Shipping and delivery costs to the address indicated by the Customer are not included in the price.
Since shipping costs depend on distance and the quality of the goods, the Customer must write to the Company for a quote on delivery costs before placing the order.
For countries where customs duties, import taxes, or other fiscal charges are applicable, these are the responsibility of the buyer, as are any additional and different taxes or duties.
The Customer will pay for the order accepted by the Company via bank transfer to the bank details provided. The reason for the transfer must include the name of the buyer, the Company, and the order number provided by the Company.
Any costs incurred to make the bank transfer are entirely borne by the Customer.
After completing the payment, the Customer sends the Company the information and documentation proving the payment via email. The ordered products will be shipped to the address indicated by the Customer only after full payment has been received.
If the payment is not credited within 10 (ten) days, the Company reserves the right to execute or not execute the order (in the event of non-execution of the order, the Company, at the customer's expense, will refund any sums received).
The delivery terms indicated by the Company, although carefully evaluated, must be considered non-binding for the Company, which can subsequently confirm or modify them, depending on its actual needs.
Any delays in deliveries of less than 20 (twenty) days with respect to the indicated terms do not entitle the Customer to refuse delivery, nor to claim compensation or damages of any kind.
In the event of delays in deliveries exceeding 20 (twenty) days, the Customer will have the right to cancel the order and receive a refund of any sums already paid, without the right to any refund or further compensation.
The Customer must verify the conformity of the products with the order at the time of delivery.
Any discrepancy regarding the quality of the products or any problem relating to the order must be reported by the Customer in a comprehensive manner and immediately, in any case within 5 (five) days of delivery, via email to the Company's email address, which reserves the right to make any requests and assess the case.
The Customer, only if he or she qualifies as a "consumer" pursuant to Legislative Decree no. 206 of 6 September 2005 (the so-called Consumer Code), has the right to withdraw from the contract and return the products ordered, provided they are in the same condition in which he or she received them.
This return can be made without any penalty and without specifying the reason.
The right of withdrawal must be exercised by the Customer, under penalty of forfeiture, within 14 (fourteen) days of receiving the products by email sent to the Company's email address. In the email, the Customer must clearly indicate the product or products for which he or she intends to exercise the right of withdrawal. All shipping costs and any customs or similar charges for returning the product will be borne by the Customer.
The Customer is responsible for shipping and/or transport. In the event of damage, theft, loss, or similar during shipping or transport, the Company will notify the Customer so that they can promptly file a complaint against the party responsible, against whom they (and/or the relevant insurance company) may seek recourse.
In any case, the methods of returning the goods must be reported and authorized by the Company, which will communicate the authorization to the Customer via email as soon as possible.
The return must take place at the address indicated by the Company within 14 (fourteen) working days of the Customer receiving the authorization.
In case of correct and legitimate exercise of the right of withdrawal by the Customer
-consumer, once the products have been received in their original and sealed packaging
- equipped with all accessories, instructions for use and documentation
- and once their integrity has been verified, if they are not damaged and have not been opened, the Company will promptly credit the Customer for the cost of the returned products, withholding, where necessary, any shipping costs not paid by the Customer, which will remain the Customer's responsibility.
All trademarks (registered or unregistered), logos, trade names, images, photographs, text, graphics, layouts, videos, product sheets, and, more generally, any intellectual property or material protected by copyright or industrial property rights present on the site or otherwise attributable to the Company are the exclusive property of the Company or of their respective owners and are protected by applicable copyright, trademark, and intellectual property legislation.
Access to the site and/or the purchase of products does not grant the Customer any license to use or any right to the aforementioned contents.
These General Conditions are subject to updates.
The Customer is therefore required to check the General Conditions before each purchase.
Any changes to the terms of sale will be effective from the moment of publication on the site and will apply only to contracts concluded after their publication.
In accordance with Italian and EU laws, the economic relationship between the Company and the Customer is governed by consumer protection legislation only if the customer purchases for personal purposes unrelated to their work (Legislative Decree no. 206 of September 6, 2005, the so-called Consumer Code). Contracts concluded between the Company and the Customer are governed by Italian law.
Any dispute relating to the application, execution, interpretation, or breach of the contract and these Terms and Conditions is subject to Italian jurisdiction. Any dispute between the parties regarding the contract shall be subject to the jurisdiction of the court of the consumer's place of residence or domicile, if located in Italy. Any dispute not relating to consumers located in Italy, but in any way connected to the contract and these Terms and Conditions, shall be subject to the exclusive jurisdiction of the Court of Padua.
Personal data will be processed in accordance with the Privacy Policy, which the Customer declares to have read and fully understood.
All communications or any complaints from the Customer relating to the contracts between the parties and the Conditions of Sale must be sent by email to the address poderedelnibbio@gmail.com.