terms and conditions
GENERAL CONDITIONS OF ONLINE SALE
1.1. These general conditions of sale govern the purchase contract relating to each purchase made through the e-commerce site www.biofavole.it (hereinafter the "Site"). The Site and any future versions thereof, including any mobile application through which you have access to the Web Site or the Services offered therein (hereinafter, the "Site") are the property of BIOFAVOLE Società Agricola Semplice based in Via San Antonio n. 2, 63851 ORTEZZANO (FM) – Italy, tax code and VAT number: IT 02272310448 registered in the Company Register of Fermo with Rea n. FM- 201282 (hereinafter the " Seller ").
1.2. BIOFAVOLE Società Agricola Semplice deals with the sale of food products and related packaging (hereinafter "the Products ") through the Site. Purchases of products made through the Site sees as parties BIOFAVOLE Società Agricola Semplice as seller the person who proceeds with the purchase of one or more products (hereinafter the " Consumer "), and Seller and Consumer hereinafter collectively referred to as the " Parties ").
1.3. Any communication from the Consumer connected and/or related to this contract - including any reports, complaints, requests concerning the purchase and/or delivery of products, the exercise of the right of withdrawal, etc. - must be sent to the Seller at the addresses on the Site and at the following addresses:
- email: firstname.lastname@example.org ;
- certified email: email@example.com .
1.4. Each purchase is subject to the general conditions of sale published on the Site at the time the contract is concluded pursuant to article 3 below.
1.5. The consumer who accesses the Site to make purchases of products is required, before sending the order, to carefully read these General Conditions which are available to him on the Site and which can be consulted at any time by the Customer to allow him to reproduce them and memorization.
1.6. In the event that the person making purchases on the Site requests the issuance of an invoice and/or in any case is not a "consumer or Consumer" as defined in art. 3, paragraph 1, lett. a) of the Consumer Code, the withdrawal provisions pursuant to art. 7 and 8 of these General Conditions nor, more generally, the provisions which, pursuant to the same Consumer Code, apply only to "consumers".
1.7. In order to validly conclude this contract, the age of majority (18 years) and the legal capacity to act, which the Consumer declares to possess, are required.
- Product characteristics.
2.1 The products are sold by the Seller with the characteristics that are described on the Site at the time the Consumer sends the order and according to these "general conditions of sale" published on the Site at the time the order is sent, with the exclusion of any other terms or conditions. The illustrative photographs of the Products have a purely representative function and have the sole purpose of presenting the Products. The Seller consequently declines all responsibility and does not provide any guarantee with reference to the correspondence of the graphics of the Products published on the Site and that of the Products delivered. In fact, although the Seller adopts measures aimed at ensuring that the photographs shown on the Site are faithful reproductions of the original Products, some variations are always possible due to the technical characteristics and color resolution characteristics with which the computer and/or the technological device used by the Consumer. The graphic representation of the Products proposed on the Site may be different from reality. The Consumer acknowledges that the graphic representation of the Products may be different from reality and may not reflect the actual appearance of the final product.
2.2. The Seller reserves the right to modify these "general conditions of sale" at any time, at its discretion, in compliance with current legislation. The products are offered for sale under the "general conditions of sale" indicated on the Site at the time the order is sent until stocks last.
2.3. The prices and the goods for sale on the Site may be subject to variations without any prior notice. Therefore, before sending the purchase order pursuant to article 3 below, the Consumer is requested to check the final sale price.
2.4. The Seller reserves the right, without any prior notice, to modify the products on the Site or to modify their characteristics at any time and without any prior notice.
2.5. The Seller reserves the right to make changes and/or improvements to any product offered for sale on the Site, without the obligation to make such changes and/or improvements to those already sold.
- Finalization of the contract.
3.1. The presentations of the products on the Site, which are not binding for the Seller, represent mere invitations to offer and not offers to the public. It should be noted that prior registration of the Consumer on the Site is not required to proceed with the online purchase of the Products
3.2. The purchase order sent by the Consumer to the Seller through the Site has the value of a contractual proposal and is subject to these "general conditions of sale", which form an integral part of the order itself and which the Consumer, through the transmission of the order to the Seller, accepts in full and without reservation. Before proceeding with the purchase of the products, by sending the purchase order, the Consumer is asked to carefully read these general conditions of sale and the Information on the right of withdrawal pursuant to point 10 below. Furthermore, the Consumer to identify and correct any errors in entering his data.
3.3. The Consumer's purchase order is accepted by the Seller by sending an order confirmation e-mail to the e-mail address declared by the Consumer to the Seller upon completion of the order, which will contain, the summary of the order placed and the description of the characteristics of the product ordered The Consumer's order, the Seller's order confirmation and these "general conditions of sale" applicable to the relationship between the Parties, will be filed electronically by the Seller in their computer systems and the Consumer may request a copy by sending a communication via e-mail to the Seller at the address firstname.lastname@example.org .
3.4. The sale is considered completed when the Consumer receives the order confirmation from the Seller via e-mail. Pursuant to current legislation, the order and the order receipt are considered received when the parties to whom they are addressed have received the email message containing the order confirmation.
- Product selection and purchase procedure.
4.1. The products presented on the Site can be purchased through the purchase procedure described on the Site. This procedure involves selecting the products of interest to the Consumer, with their insertion in the appropriate virtual shopping cart. In order to allow the purchase, the Consumer will be asked to enter their data (by way of example but not limited to: name, surname, etc.), as well as the address where to deliver the selected products, the billing address and a telephone number where you can contact him for any communications relating to the purchase made. The Consumer will see a summary of the order to be carried out, the contents of which he may modify: the Consumer, after careful reading, must expressly approve these "general conditions of sale" through the appropriate tick (check-box) present in the Site; finally, through the "Complete the purchase" button, the Consumer will be asked to confirm his order, which will thus be definitively sent to the Seller and will produce the effects described in point 3.2. of these "general conditions of sale". The Consumer will also be asked to select the shipping method and the payment method, among those available.
- Delivery of goods and acceptance.
5.1. The products purchased on the Site will be delivered to the address indicated by the Consumer during the purchase procedure in the appropriate "Shipping Data" field.
5.2 The delivery times of the products are indicated on the Website: however, this information is to be considered purely indicative and not binding for the Seller. The Seller undertakes to do everything in its power in order to respect the delivery times indicated on the Site and, in any case, except in cases of force majeure or unforeseeable circumstances, to carry out the delivery within a maximum time of 30 (thirty) days from sending the order confirmation to the Consumer except for products not available in the warehouses, in which case delivery will be made within 30 (thirty) days from the availability of the goods. In the latter case, the consumer will have the right of withdrawal within 14 days of receipt of the communication of non-availability of the product and indication of the times of availability of the same product.
5.3 All purchases will be delivered by express courier from Monday to Friday, excluding holidays and public holidays. The Seller is not responsible for unforeseeable or non-attributable delays. Once the Products have been shipped, the Customer will receive a confirmation email which will include a link to refer to for tracking the shipment.
5.4. Not being able to guarantee the availability of the products indicated on the Site, if a product ordered by a Consumer is not available, the Consumer will be promptly informed by the Seller and the payment, possibly already made by the Consumer, will be promptly refunded.
5.5. The shipment of the products ordered by the Consumer will take place in the manner selected by the Consumer, among those available and indicated on the Site at the time the order is sent. The Consumer undertakes to check without delay, and in any case no later than the same day of receipt of the products, that the delivery is correct and includes all and only the products purchased and to inform the Seller of any defects in the products within this period received or of their discrepancy with respect to the order placed, according to the procedure referred to in point 9 of these "general conditions of sale". If the packaging or casing of the products ordered by the Consumer should reach its destination clearly altered and/or damaged, the Consumer is invited to refuse delivery by the carrier/shipper or to accept delivery "subject to" as provided for in the following article 6.9..
5.6. Once the term referred to in point 5.5 above has elapsed, the delivered products will be considered definitively accepted by the Consumer.
- Prices, shipping and delivery costs
6.1. The price of the products is that indicated on the Site at the time the Consumer sends the order. The prices of the products indicated on the Site include VAT, do not include shipping costs which are indicated in the purchase order formulated by the Consumer, expenses which the Consumer undertakes to pay in addition to the price indicated on the Site and do not include any taxes or duties due in the manner and terms established by each individual country of delivery of the goods.
6.2. In particular, based on the area where the products are to be delivered, the relative shipping costs will be displayed on the Site, during the process of creating the purchase order and therefore before it is formulated, which the Consumer undertakes to pay in addition to the price of the products ordered.
6.3. The Consumer will have to pay the Seller the total price, i.e. the price as indicated in the purchase order and confirmed in the order confirmation sent by e-mail from the Seller to the Consumer.
6.4. Any additional cost, charge, tax and/or tax that a given country should apply, for whatever reason, to the products ordered on the basis of this contract is the sole responsibility of the Consumer.
6.7. Delivery services. The active Delivery services are GLS, BRT, SDA. Deliveries are made on working days from Monday to Friday, excluding holidays and local holidays, during office hours from 9 to 18. Delivery is made only on Italian territory.
6.8. The shipping time of the goods is purely indicative of about 48 hours following the sending of the order confirmation email to the email address provided by the Consumer to the Seller, considering the first working day following a useful date. The Consumer will be informed by email of the moment in which the Product will be shipped with an indication of the shipment number.
6.9. Shipping costs will be: 7.90 euros, with the exception of the special areas Venice, Laguna, Minor Islands + 11 euros; Calabria, Sicily and Basilicata + 2.50 euros; Sardinia + 6.90 euros; Livigno + 27 euros. For orders over €35, shipping will be free.
6.10 Shipments will be delivered to the address indicated by the recipient but not necessarily in the hands of the latter, as the courier has the right to deliver to people that the same courier may deem authorized to accept the goods (e.g. porter, warehouse worker, receptionist , etc.). Upon delivery, the signature of the Consumer or a delegate over the age of 18 and, in any case, in full compliance with the law and regulations in force, will be required for collection of the goods.
6.11. The Consumer or the delegated person is required to verify the accuracy of the number of packages, their correspondence to what is indicated in the transport document and that the packaging is intact, not damaged or in any case not altered. Any anomalies and/or damage to the Products must be immediately notified and noted on the delivery document by the Courier, subject to written control and specifying the reason for the reservation (merely by way of example "Laundry packaging", "Tampered packaging"). Otherwise, having signed the transport document without punctual disputes, the Consumer loses the possibility of asserting his rights in this regard.
6.12. The Courier will be able to inform the recipient of an incoming shipment or a failed delivery. Alternative delivery options may be made available to the recipient, such as delivery on a different day, delivery to his home, to another address or to a Service Point or to a third party. If the shipment cannot be delivered on the first attempt due to the absence of the recipient or because the destination facility is closed or because the recipient has not provided delivery instructions, the carrier will try again to deliver the shipment.
6.13. In all other cases of non-delivery (refused shipment, transferred customer, incorrect address or impossibility to contact the recipient or if the recipient refuses to pay the amount due for delivery) or, if the second delivery attempt is also unsuccessful , the goods will return to the warehouse.
6.14. Each shipment contains:
- relative transport document (or immediate invoice) in case of sale to a non-consumer, or tax receipt in case of sale to the consumer;
-any informative and/or promotional material.
6.15. The Seller is not responsible for delays due to unforeseeable circumstances or force majeure or for unforeseeable delays and/or attributable to the Courier alone.
6.16 The Seller will not be liable for any loss, damage, failure, incorrect or delayed delivery due to events and/or causes of force majeure, such as, by way of example but not limited to, strikes by its own or other employees, rationing or shortages of energy or raw materials, transport difficulties, provisions of the Public Authority, natural disasters, fires, floods, floods, which occurred beyond the control of the Seller and not attributable to the same, even pre-existing, which prevent or aggravate the partial or total execution of the contract.
6.17 The Seller will promptly notify the Consumer of the occurrence and disappearance of a cause of force majeure.
6.18. If the cause of force majeure persists for a period exceeding 30 (thirty) days, each of the parties will have the right to withdraw from the contract. In the event of withdrawal, the Consumer will not be entitled to any indemnity or compensation for any reason, without prejudice to the right to a refund of any amount already paid by way of price for the Product purchased, within 30 days of the notification of withdrawal.
6.19 In accordance with the provisions of the Consumer Code, the risk of loss or damage to the Products for reasons not attributable to the Seller is transferred to the Consumer only when the latter, or a third party designated by him other than the Courier, materially enters in possession of the Products, or the two delivery attempts have failed due to the fault of the Consumer.
7.1. Orders placed through the Site can be paid by:
- PayPal (https://www.paypal.com/)
- American Express
- ban contact
- Apple Pay
- Google Pay
In addition to these, the Seller offers the Consumer the possibility to pay with:
- cash on delivery (cod Cash On Delivery), which will have a 2% increase in the shipping price as per the GLS tariff;
- Advance Bank Transfer: in this case the shipment will take place after proven receipt of payment on C/C. Whoever chooses this payment will receive an e-mail with the bank details needed to make the payment.
7.2. If payment is made by credit card, the Consumer's data will be transferred to a protected section of the site and the credit card data will be communicated directly to BANCA DEL PICENO CREDITO COOPERATIVO SOC. COOP., operator who takes care of payments on behalf of the Seller. The transmitted data will be sent in secure mode, by means of encrypted data transfer with the 128-bit SSL (SecureSocketLayer) system . These data are not accessible even to the Seller.
7.3. The Seller will send the Consumer the tax documentation relating to the purchase made attached in paper format to the products purchased.
- Seller's legal guarantee of conformity, reporting of conformity defects and interventions under guarantee.
8.1. Pursuant to and for the purposes of the European Directive 44/99/CE and the Italian legislative decree n. 206/2005 (Consumer Code), the Seller provides the Consumer with a legal guarantee on the product for any lack of conformity with the sales contract that occurs within the term of 24 (twenty-four) months from delivery of the product to the Consumer. It is understood that in relation to perishable products, the legal guarantee will only be effective until the expiry date indicated on the packaging of the product itself.
8.2. The legal guarantee allows the Consumer, in case of lack of conformity of the product, to obtain, by contacting the Seller directly, within a reasonable time taking into consideration the nature of the product, the repair (if and insofar as possible) or the replacement of the product or price reduction or termination of the contract.
8.3. In any case, the use of the product that does not comply with that of the product and with the instructions/warnings provided by the Seller and/or by the manufacturer of the product is not covered by the guarantee.
8.4. Any report of a lack of conformity of the product must be presented together with proof of purchase of the product from the Seller (tax document issued by the Seller or payment receipt).
8.5 In the event of defects and/or non-compliance of the Products sold, under penalty of forfeiture of this guarantee, the Consumer has the duty to report the same within and no later than 2 (two) months from discovery - unless of Products which by their nature are perishable or subject to expiry in a shorter term, in which case the defect must be reported within this shorter term - by sending an e-mail to the e-mail address : email@example.com ; or pec: firstname.lastname@example.org , with indication of the defect and/or non-compliance found, as well as the relative documentation no. 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or the tax receipt).
8.6. Following receipt of the complaint, the Seller will evaluate the defects and/or non-conformities indicated by the Consumer and decide whether to authorize the return of the Products by providing the Consumer with feedback, containing instructions and documentation necessary for the return procedure, by e-mail to address provided by the latter during the registration process on the Site or when placing the order. The authorization to return the Products will in no way constitute recognition of the defects or non-conformities, the existence of which must be ascertained after the return. The Products whose return has been authorized by the Seller must be returned by the Consumer, together with a copy of the return authorization communication bearing the "Return Code", within 14 (fourteen) days of the same return authorization, to the address provided.
8.7. If the Seller is required to reimburse the Consumer for the price paid and the relative shipping costs, the reimbursement will be made, where possible, using the same means of payment used by the Consumer when purchasing the product.
- Liability for damage from defective products.
9.1. As regards any damage caused by a defective product, the provisions of the European directive 85/374/EEC and the Italian legislative decree n.206/2005 (Consumer Code) apply. The Seller, in his capacity as distributor of the products through the Site, frees himself from any liability, none excluded and/or excepted, by indicating the name of the relative manufacturer of the product component and/or of the product itself.
- Right of withdrawal and exclusions - Information
10.1. Pursuant to art. 59 Legislative Decree no. 206/2005, as amended by Legislative Decree no. 21/2014, the right of withdrawal is excluded in the following cases: - order of Products made to measure or clearly personalized; - ordering Products that are liable to deteriorate or expire rapidly; - order of sealed Products which do not lend themselves to being returned for hygienic or health protection reasons or which have been opened after delivery.
10.2 With reference to the cases of exclusion of the withdrawal listed above, the Consumer, in particular, is informed and accepts that the Products that "are likely to deteriorate or expire rapidly" include:
- perishable food products as defined by art. 62 Legislative Decree. 1/2012, i.e
- a) agricultural, fishery and pre-packaged food products which bear an expiry date or a minimum conservation term not exceeding sixty days;
- b) agricultural, fish and food products in bulk, including herbs and aromatic plants, even if placed in protective wrapping or refrigerated, not subjected to treatments capable of extending their durability for a period exceeding sixty days;
- c) meat products with the following physico-chemical characteristics:
aW greater than 0.95 and pH greater than 5.2, or
aW greater than 0.91, or
pH equal to or greater than 4.5;
- d) all types of milk;
- all those agricultural and food products whose characteristics and qualities are subject to alteration even as a result of inappropriate conservation.
Therefore, for hygienic reasons and for the protection of the Consumer, the right of withdrawal can only be exercised for those Products purchased on the Site which can be returned to the Seller intact in the respective seal and put back on the market without endangering the health of consumers.
10.3 Without prejudice to the cases indicated in the previous Articles 10.1 and 10.2., the Consumer has a period of fourteen days to withdraw from the Product purchase contract without having to provide any reason.
10.4. The aforementioned fourteen-day withdrawal period starts: a) in the case of an order relating to a single Product, from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the Product; b) in the case of the purchase of several Products ordered by the Consumer through a single order and delivered separately, from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the last Product; c) in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the last lot or piece.
10.5. To exercise the right of withdrawal, the Consumer must inform the Seller of his decision by means of any explicit declaration. In order to facilitate the timely management of the Consumer's request, the latter is invited to notify the Seller of his decision by sending the Seller:
- the attached form which can be downloaded here ;
- any explicit declaration to withdraw from the sales contract to the e-mail address e-mail: email@example.com indicating in any case the order number, the Product(s) for which you intend exercise the right of withdrawal and your address.
10.6. The Consumer who has exercised the right of withdrawal pursuant to this Article 10, must return the Product/s purchased to the Seller, using a carrier of his own choice and at his own exclusive expense, without undue delay and in any case within the term of 14 calendar days from the date on which he communicated his decision to withdraw to the Seller. The Product subject to withdrawal, suitably protected and packaged, must be sent to the address provided. The direct costs of returning the Products subject to withdrawal to the Seller are the sole responsibility of the Consumer, unless otherwise agreed with the Seller.
10.7. In case of exercise of the right of withdrawal, the Seller reimburses all payments received from the Consumer, including the costs of delivery of the Products, with the exception of the additional costs deriving from the Consumer's possible choice of a type of delivery other than the least expensive type of standard delivery, without undue delay and, in any case, no later than 14 days from the exercise of the withdrawal. These refunds will be made using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests a refund on a different means of payment, in which case any additional costs deriving from the different means of payment will be borne by the Consumer.
10.8. The Consumer is responsible for any decrease in the value of the goods resulting from handling other than that necessary to verify the nature, characteristics and usability of the goods. Therefore, if the returned goods are damaged (for example with signs of wear, abrasion, nicks, scratches, deformations, etc.), not complete with all their elements and accessories (including the labels and tags unchanged and attached to the product) , not accompanied by the attached instructions/notes/manuals, by the original packaging and by the guarantee certificate, where present, the Consumer will be liable for the decrease in the value of the asset, and will be entitled to a refund of the amount equal to the residual value of the Product . To this end, therefore, the Consumer is invited not to manipulate the goods beyond what is strictly necessary to verify the nature, characteristics and usability of the same and to cover the original packaging of the Products with other protective packaging that preserves their integrity and protect it during transport also from writing or labels.
- Intellectual Property Rights.
11.1. The Consumer declares to be informed that all the contents on the Site are protected by copyright and by other provisions in force regarding intellectual property: all rights are the exclusive property of Biofavole Società Agricola Semplice
11.2. The contents of the Site may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of Biofavole Società Agricola Semplice
- Consumer data and privacy protection.
12.2. The Consumer declares and guarantees that the data provided to the Seller during the registration process are correct and truthful.
12.3. Where required, the Consumer may update and/or modify his/her personal data provided to the Seller through the appropriate section of the Site accessible after authentication.
- LIMITATION OF LIABILITY
13.1. In the event of its own responsibility, the Seller will be obliged to compensate only the emerging damage, with the express exclusion of the loss of profit: in any case, the sum to be compensated can never be higher than that paid by the customer in relation to the products to which it refers the damage.
13.2. In no event may the seller be held responsible for any further indirect, material and immaterial damage, such as: loss of data, infringement of intellectual property rights, infringement of image rights, suspension, interruption or loss of services, delays or interruptions in access to the site, losses or liability deriving from causes not attributable to the will of the seller, etc.
13.3. Although the Seller adopts measures aimed at protecting personal data against their eventual loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data displayed by the Consumer on the Site are not accessible or viewable by unauthorized third parties. Therefore, the seller cannot be held responsible towards the customer, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet and beyond the control and management power of the seller himself.
13.4. Furthermore, the seller will not be liable for damages, losses and costs suffered by the customer following the non-performance of the contract for reasons not attributable to the seller.
13.5. The seller assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards, checks and other means of payment, upon payment of the purchased products.
- Major force.
14.1. The Seller will not be liable in the event of total or partial non-fulfillment of its obligations under this contract if such non-fulfillment is caused by unforeseeable events and/or natural events beyond its reasonable control, including, but not limited to , catastrophic natural events, acts of terrorism, wars, popular uprisings, lack of electricity, general strike of public and/or private workers, strikes and/or restrictions on the viability of couriers and air connections.
- Applicable law and jurisdiction.
15.1. The contract will be governed and interpreted in accordance with Italian law.
15.2. For any dispute deriving from this contract or relating to it, the following will be competent: a) the Court of the place of residence or domicile of the Consumer, if "consumer" in accordance with current legislation; b) exclusively the Court of Fermo, Italy, in any other case.
15.3 For anything not expressly provided for herein, the provisions of the law in force in the Italian legal system apply and in particular, for consumers, the provisions of Section II, Chapter I, Title III of the Italian Legislative Decree n. 206/2005 and subsequent amendments (Consumer Code).
16.1. The Parties may not assign or in any other way transfer any of their rights and obligations arising from this contract to third parties, without the prior written consent of the other party.
- Validity of the clauses.
17.1. The headings of the clauses used here are to be considered purely indicative and have no effect on the identification of the content and the interpretation of this contract.
17.2. These conditions do not affect the rights attributed by Italian law to the consumer who acts as a consumer or the rights guaranteed to him by the mandatory provisions of the legal system to which he is subject.
17.3. In the event that a clause or part of a clause of these general conditions should be deemed invalid because it conflicts or is contrary to a law, all the other clauses of this agreement or parts of the same clause will remain fully valid and effective.
- Final provisions.
18.1. This contract replaces all contracts, agreements and understandings previously entered into between the Parties and, together with the order, the order confirmation and the general conditions relating to the use of the Site, constitutes the entire agreement between the Parties in regarding the object of this contract.
18.2. The Consumer declares that he has not been induced to adhere to this contract by previous oral statements.
18.3. Any variation or modification of this contract must be accepted in writing by both Parties.