Terms and conditions of sale - Azienda Agricola Frassinelli Gianluca

General terms and conditions of sale

General Provisions

This document (together with the documents mentioned herein) contains the conditions governing the use of this website (frassinelli.it) and the terms and conditions of sale/purchase of goods between the company FRASSINELLI GIANLUCA AZ.AGR. with registered office in VIA DELLA VITTORIA, 7 MARENO DI PIAVE (TV), VAT No. 0353923026262 (“Seller”), and any person making online purchases on this website, hereinafter referred to as the “Customer”.

The Customer is required to carefully review these Terms, the Privacy Policy and the Policy on the Use of Cookies (“Data Protection Policies“), before using this website.
You are also advised that by using this website and/or placing an order through it, you signify your acceptance of these Terms and the Data Protection Policies.

The contract of sale concluded through the website is governed by these general conditions of sale as well as, insofar as applicable, by the provisions of Legislative Decree No. 206/2005 (“Consumer Code”), Legislative Decree No. 70/2003 and the provisions of the Civil Code, to the extent not already expressly provided for herein.

Index of articles

Subjects
Availability of Service
Completion of the Contract
Subject of the Contract
Product Availability
Shipping and Delivery
Transfer of risk and ownership of products
Price
Payment
Right of withdrawal
Return of non-conforming and/or defective products
Legal guarantee of conformity
Liability
Intellectual Property
Assignment of rights and obligations
Right to change these Conditions
Integrity of the Contract
Final Provisions
Privacy
Applicable law, jurisdiction and venue

Subjects

1.1 The Seller is FRASSINELLI GIANLUCA AZ.AGR. with registered office in VIA DELLA VITTORIA, 7 MARENO DI PIAVE (TV) tel 3475798681 e-mail gianluca.frassinelli@frassinelli.it VAT 03539230262
1.2 These conditions do not govern the sale of products and/or services by parties other than the Seller that may be present on the site through links, banners or other hypertext links. The Seller is not responsible for the provision of goods and/or services by third parties.
1.3 The Customer will be identified through the data entered by him/her; by using this website and/or placing orders through it, the Customer agrees to:
a) make use of the Web site only to place legally valid consultations or orders;
b) not to place false or fraudulent orders; the Seller, if it has plausible grounds to believe that an order of this nature has been placed, will be authorized to cancel it and inform the competent authorities;
c) provide all requested data and/or information truthfully and correctly: the Seller is released from any liability in this regard.
1.4 The offers of products and/or services on the site are intended for Customers of legal age. By placing an order through the site, you warrant that you are over 18 years of age and have the legal capacity to enter into binding contracts.
Service Availability
Items offered through this website are only available for delivery within the Italian territory.
Completion of the Contract
3.1 The information set forth in these Conditions and the details contained on this website do not constitute an offer to the public, but merely an invitation to place an order proposal.
3.2 No contract shall exist between the Seller and the Customer with respect to any products and/or services until the order proposal has been expressly accepted by the Seller.
3.3 The online purchase contract (the “Contract”) shall, therefore, be deemed to be concluded only when the Customer receives an e-mail confirming the order and shipment (“Contract Conclusion Date”).
3.4 Before submitting the order proposal, the Customer will be asked to confirm that he/she has read and accepted these terms and conditions, including any clauses that determine unfavorable conditions against the Customer (e.g. limitations of liability, exceptions to the jurisdiction of the judicial authority, etc.).
3.5 The Customer will receive by e-mail, upon conclusion of the Contract, the order confirmation and shipment, containing:

a reference of these Conditions, already read and accepted by the Customer by sending the order proposal;
the information relating to each product and/or service and its price;
the data relating to the Customer and the payment method chosen;
mode, place of delivery and related costs;
a reference to the Privacy Policy and Cookies Policy.

Subject Matter of the Contract
4.1 Only the products and/or services indicated in the order confirmation e-mail will be the subject of the Contract.
4.2 It is also clarified that the photographs of the products presented on the site do not constitute a contractual element, as they are to be considered representative only.
Availability of Products
5.1 Product availability refers to the actual availability at the time the Customer places the order. However, this availability must be considered purely indicative, as:

products could be sold to other Customers before the confirmation of the order, as a result of the simultaneous presence on the site of several users;
a computer anomaly could occur such that a product is available for purchase that in reality is not.

5.2 Even after the order confirmation e-mail has been sent, cases of total or partial unavailability of goods may occur. In this eventuality, the Seller reserves the right to provide the Customer with information regarding substitute products of equal or higher quality and value, which He may decide to order. If He does not wish to place an order for such replacement products, we will refund all amounts already paid, if any.

Shipping and Delivery
6.1 Without prejudice to the provisions of Article 5 above and subject to the occurrence of extraordinary circumstances, the Seller undertakes to do everything within its power to send the order for the goods specified in the relevant order confirmation by the date specified in such order confirmation or, if no delivery date is specified, within the maximum period of 30 days from the date of the order confirmation.
6.2 The products will be delivered by the courier identified by the Seller.
6.3 For the purposes of these terms and conditions, “delivery” shall be deemed to have occurred or the order “delivered” by means of the acquisition by the Customer or a third party appointed by the Customer of the material availability or otherwise control of the products, which shall be evidenced by signing the order receipt at the agreed shipping address.
6.4 If the Seller is unable to meet the expected delivery terms, it will notify the Customer, giving him the options of setting a new delivery date, or canceling the order with the consequent refund of the full amount paid.
6.5 If it is not possible to complete the delivery of the order, the Seller will identify a safe place to leave it. If this is not possible, the order will be sent to the Seller’s location. In such an event, a notice will be left stating the location of the order and how a new delivery can be arranged.
Passing of risk and ownership of products
7.1 Risks relating to the products shall pass to the Customer from the time of their delivery.
7.2 The Customer shall acquire ownership of the products as soon as the Seller has received full payment of all amounts due in respect thereof, including shipping costs, or at the time of delivery (as defined in Article 6 above), if this occurs at a later date.
Price
8.1 The price of the products will be as stated on our website from time to time.
8.2 In the event of a computer, manual, technical, or any other error that would result in a material change in the retail price, making it clearly derisory, the Customer will be contacted to see if he/she still wishes to purchase the product at the correct price. Should he/she decide not to proceed with the purchase, the purchase order will be cancelled and any amount paid by the Customer will be refunded within 14 (fourteen) days from the day of cancellation. If, on the other hand, the price indicated on the site is higher than the correct sale price of the product, the order will be followed up, charging only the lower price.
8.3 All product prices listed on our site are in euros and include VAT.
8.4 Shipping costs are not included in the purchase price, but are indicated and calculated at the conclusion of the purchase process, before payment is made.
8.5 Prices may change at any time; however (except as set forth above) possible changes will not affect orders for which the Seller has already sent an order confirmation e-mail.
Payment
9.1 Once you have selected the items you wish to purchase, those items will be added to your shopping cart and the next step will involve completing your order and making payment.
9.2 Any payment by the Customer may be made by Visa, Mastercard, or bank transfer.
9.3 Communications relating to the payment and the data communicated by the Customer at the time it is made take place on special secure lines. The security of credit card payment is guaranteed through VBV (Verified by VISA) and SCM (Security Code Mastercard) certification.
Right of Withdrawal
10.1 The Customer, acting as a Consumer, shall have the right to withdraw from the Contract, in accordance with the provisions in force, within a period of 14 (fourteen) days from the date of receipt of the goods, without having to provide any reason and without any penalty.
10.2 The Customer who intends to exercise the right of withdrawal must notify the Seller by means of an explicit declaration, which may be sent by registered letter with return receipt, using, if necessary, the standard withdrawal form, set out in Annex I, part B, Legislative Decree 21/2014 (not mandatory), the text of which is set out below:

Model withdrawal form pursuant to Article 49, paragraph 1, letter h)
(complete and return this form only if you wish to withdraw from the contract)
Seller data FRASSINELLI GIANLUCA AZ.AGR. – VAT 03539230262
Phone 3475798681
E-mail gianluca.frassinelli@frassinelli.it
I, the undersigned, hereby give notice of withdrawal from my contract of sale of the following goods/services
– Ordered on/received on
– Name of consumer(s)
– Address of consumer(s)
– Signature of the consumer(s)
– Date

10.3 In case of exercise of the right of withdrawal, the Customer is required to return the goods within 14 (fourteen) days from the date on which he communicated the desire to withdraw from the contract pursuant to Article 57 of Legislative Decree 206/2005, in the manner described below:
– within the aforementioned period, he must send the products, duly packaged, to the Seller:
a) by delivery of the products to the Seller’s premises, in VIA DELLA VITTORIA, 7 MARENO DI PIAVE (TV); in this case, all costs inherent to the return will be borne exclusively by the Customer (e.g.: gasoline, tolls, disassembly of the product, etc.), without any responsibility or obligation in this regard on the part of the Seller.
or
b) by delivery of the products to the courier appointed by the Seller; in this case the shipping costs, except those inherent to the telephone service, will be borne by the Seller (art. 56 co. 1 Legislative Decree 206/2005);
or
c) by delivery of the products to the courier chosen by the Customer: in this case all costs will be borne by him (art. 56 co. 2 Legislative Decree 206/2005);
– the returned products must be returned in their entirety, remaining excluded the possibility of returning only some parts of them;
– the returned products must not be used, washed, worn, soiled, damaged, must not show signs of use;
– the returned products must be returned packaged exactly as they were shipped, complete with every accessory and label.
– in any case, may not avail itself of the right of withdrawal from the Contract that has as its object the supply of one or more of the following products:
a) sealed goods that are not suitable for return for hygienic reasons and have been opened after delivery;
b) perishable goods.
10.4 If the right of withdrawal is exercised, the Seller will refund to the Customer all payments made for the purchase of the returned products, except for the following expenses which, if applicable, will remain the responsibility of the Customer:
– expenses incidental to the order that may have been incurred (cash-on-delivery charges, gift wrapping charges, etc.).
– shipping costs arising from any choice made by the Customer to use a courier and/or a mode different from that prepared and provided by the Seller for the return of the products.
10.5 The Seller shall refund the Customer the above amounts no later than 14 (fourteen) days from the day on which the Seller was informed of the decision to exercise the right of withdrawal, provided that the Seller has already received the return of the goods or has been provided by the Customer with proof that it has already dispatched the goods, being able, until then, to retain the refund.
The Seller will use the same means of payment used for the purchase of the products for the re-credit. In the event that the Customer has initially chosen to pay cash on delivery, the price paid will be refunded by bank transfer.
10.6 In the event that the Customer exercises the right of withdrawal without complying with the terms of this article, the Customer shall not be entitled to any refund. Within 10 days of the sending of the e-mail notifying the Customer of the rejection of the return and the reasons for it, responding to the same e-mail, the Customer may choose to re-obtain, at its own expense, the products previously returned.
10.7 For any doubt and/or information, the Customer may contact the Seller at VIA DELLA VITTORIA, 7 MARENO DI PIAVE (TV) or by calling 347579868 .

Return of defective and/or non-conforming products
11.1 In the event that the Customer believes that at the time of delivery the product does not comply with the provisions of the Contract, the Customer must immediately contact the Seller at VIA DELLA VITTORIA, 7 MARENO DI PIAVE (TV) or by calling 3475798681 or through our customer service channels indicated on our web page, indicating the data of the product as well as the damage suffered.
11.2 To enable the Seller to check the item, the Customer must return it to the address VIA DELLA VITTORIA, 7 MARENO DI PIAVE (TV) or, alternatively, agree on a different method with the Seller. The Seller will proceed to carefully examine the returned product and will communicate within a reasonable time the result of the checks made on the good.
11.3 In the event of a proven lack of conformity of the good, the Seller will offer the Customer a replacement of the product or a refund (as the case may be), unless Your request otherwise, provided that it is objectively possible and/or not excessively burdensome for the Seller under the applicable regulations.
The refund of the amounts or replacement of the item will be made as soon as possible and, in any event, within 14 days from the date of Seller’s confirmation of the process of refund or replacement of the ineligible item, without charge to the Customer.
11.4 The amount paid for products that will be returned due to damage or defect will be refunded in full, including the shipping costs incurred in sending the item and returning it to you. The refund will be made through the payment method used to make the purchase, unless otherwise agreed.
Legal warranty of conformity
Products sold through this website are covered by the mandatory legal warranty provided by law in favor of consumers, covering any lack of conformity existing at the time of delivery of the goods.
The legal warranty covers any lack of conformity of the good that should appear within the period of two years from its delivery, provided that it is reported within two months from the discovery of the lack of conformity.
Liability
Seller shall not be liable in any way for failures or delays in the performance of any of its obligations under the Contract caused by events beyond its reasonable control (“Force Majeure Events”).
Force Majeure Events means any act, event, failure to occur, omission, or accident beyond its reasonable control;
It is understood that performance of the obligations under the Contract will remain suspended for the duration of the Force Majeure Events. An extension of time will be granted to Seller for the performance of the Contract equal to the duration of such period. It is understood that, even during the pendency of Force Majeure Events, the Seller will endeavor to find a solution by which to fulfill its contractual obligations.
Intellectual Property
The Customer acknowledges and agrees that all copyrights, trademarks, and any intellectual property rights in the materials or content presented as part of the website are the property of the Seller and those who have licensed their use. The Customer may use such materials only in the manner for which it receives express permission from the Seller or those who have licensed their use.
Assignment of Rights and Obligations
The Contract between the Seller and the Customer is binding on both the Seller and the Customer, as well as their respective successors and assigns. The Customer is prohibited from transferring or assigning in any way the Contract, or any of its rights or obligations, without the prior written consent of the Seller. Seller shall have the right to freely transfer, assign, sub-contract or dispose in any manner and at any time of the Contract, or any of its rights or obligations thereunder. For the avoidance of doubt, any transfer, assignment, sub-contracting or other act of disposition of the Contract shall have no impact on Customer’s rights as a consumer or shall in no way diminish, reduce or limit any of the warranties or liabilities offered by Seller.
Right to change these Conditions
Seller reserves the right to revise and amend these Conditions at any time.
The Customer will be subject to the General Terms and Conditions in effect at the time of the order, unless a change in the General Terms and Conditions or the Data Protection Policies must be made pursuant to law or at the request of a governmental authority (in which case it will also apply to orders already submitted).
Integrity of the Contract
These General Conditions, as well as any document expressly referred to in them, represent the entire agreement between Seller and Customer regarding the subject matter of the Contract and supersede any prior agreement, understanding or covenant between them, whether oral or written.
Final Provisions
18.1 If the Seller fails, during the performance of the Contract, to demand the exact performance of any of the Customer’s obligations, or of any of the obligations under these General Terms and Conditions, or again, fails to exercise any of the rights or actions to which it is entitled under the Contract or these General Terms and Conditions, this shall not constitute a waiver of such rights or actions and shall in no way relieve the Customer from the performance of the relevant obligations.
18.2 Any forbearance by the Seller of a default by the Customer shall not constitute any waiver of its right to retaliate against a subsequent default.
18.3 Should any article of the General Conditions, or any part thereof, or any of the provisions of the Contract, be held invalid, unlawful or unenforceable by the competent authority, such article, clause or provision shall be deemed not to have been affixed while the other articles, clauses and provisions shall remain valid to the fullest extent permitted by law.
Privacy
The Seller invites the Customer to access the Privacy Policy published on the site to obtain all information on the processing of his/her personal data.
Applicable law, jurisdiction and competent court
20.1 These Online Conditions are governed by and shall be construed in accordance with the laws of Italy, without prejudice to any different overriding mandatory rule of the country of habitual residence of the Customer. Consequently, the interpretation, execution and termination of the Conditions are subject exclusively to Italian law (without prejudice to any different prevailing mandatory norm of the country of habitual residence of the Customer) and any disputes inherent and/or consequent to the same shall be resolved exclusively by the Italian jurisdictional authority, as better specified below. In particular, if the Customer qualifies as a Consumer, any disputes shall be resolved by the court of the Customer’s place of domicile or residence according to the applicable law or, at the Customer’s choice in case of action taken by the same, by the Court of Treviso. If, on the other hand, the Client acts in the exercise of his entrepreneurial, commercial, artisan or professional activity, the parties consensually establish the exclusive jurisdiction of the Court of Treviso.
20.2 Online platform for alternative dispute resolution (ODR).
Whereas, Seller is always available to seek an amicable solution to disputes that have arisen, through the contacts set forth in the preceding paragraphs, it is hereby informed that, pursuant to Article 14 of EU Regulation No. 524/2013 and by the resolution on ODRs set forth in Statutory Instrument no. 500/2015 in force since February 15, 2016, an online platform for the resolution of ODR disputes (“online dispute resolution”) arising from the purchase of goods online has been established by the European Commission and can be accessed at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage Through the ODR platform, it is possible to consult the list of ODR bodies, find the link of each of them and initiate an online dispute resolution procedure. More information about the platform is available at the following link: https://webgate.ec.europa.eu/odr/main/?event=main.about.show
20.3 It is without prejudice in any case to the Customer’s right to apply to the ordinary court of competent jurisdiction for the dispute arising from these General Conditions, whatever the outcome of the out-of-court settlement procedure described above, as well as the possibility, where the conditions are met, to promote an out-of-court settlement of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II – bis Consumer Code (I.e. Legislative Decree no.206/2005).

General conditions of purchase updated to 03/05/2023