Terms and sale conditions
The buyer hereby declares to make the purchase for purposes unrelated to the commercial or professional activity exercised.
Goods of the present general conditions are put up for sale by Agricola Mascio Srl, with its headquarters in Trevi:
Località Falcione snc 06039, VAT 02945950547; below indicated as a supplier.
1.1. The expression "online sales contract" means the contract of sale relating to movable, tangible property, concluded between these and the buyer under a system of distance selling via telematic tools, organized by the Manufacturer.
1.2. The term "Buyer" means the person who carries out consumer purchasing, referred to in this agreement, for purposes not related to the commercial or professional activity possibly carried out.
1.3. The term "supplier" means the person stated in the inscription that is the subject of the information services.
The subject of the contract
2.1. With this agreement, respectively, the vendor sells and the purchaser buys remotely, via telematic instruments, movable materials which are offered for sale on the website www.agricolamascio.it.
2.2. the products referred to in the preceding paragraph are illustrated on the web page: www.agricolamascio.it/commerce.
Conclusion of contract mode
3.1. The contract between the supplier and the buyer is concluded exclusively through the Internet by accessing the buyer at the address www.agricolamascio.it, where, according to the procedures, the buyer will formalize the proposal to purchase the contract goods for purchase of the goods referred to in point 2.1 of the previous article.
Conclusion and effectiveness of the contract
4.1 The purchase contract is concluded by the compilation of the application form and the consent manifested through purchase membership online or sent with the form/form attached to the catalogue on line and the consequent sending of the form/form itself, after displaying a web page order list, which lists the details of the payer and ordering the price of the good purchased, shipping charges and any additional charges, the modalities and the terms of payment, the address where the goods will be delivered to, the delivery times and the existence of the right of withdrawal.
4.2. When the supplier receives the order from the purchaser he will send a confirmation e-mail or a web page of confirmation and a printable order summary, on which the data are listed and also invoked in the preceding paragraph.
4.3. The contract shall not be deemed perfected and effective between the parties at fault without what is indicated in the preceding paragraph.
Payment and refund
5.1. Any payment by the purchaser will only be by using one of the methods indicated on the appropriate vendor web page.
5.2. Any refund will be credited to the purchaser by means of vendor proposals and mode choice by buyer, in a timely manner and, in the case of exercise of the right of withdrawal, as governed by art. 13, paragraph 2 et seq. of the present agreement, within 30 days from the date on which the supplier is aware of the withdrawal itself.
5.3. All communications relating to payments made via the use of the services provided by Paypal. The supplier does not store information about such payments, operating in accordance with the provisions of the applicable national rules concerning the protection of personal data.
Timing and delivery mode
6.1. The supplier shall deliver the products selected and ordered, in the manner chosen by the purchaser or on the website at the time of the offer, as confirmed in the e-mail referred to in section 6.2. Shipping times can range from the same day of order to a maximum of 10 working days from the confirmation of the same. In the event that the supplier is not able to ship within this time limit, however, the following date will be promptly given to the buyer via e mail.
6.3. The modalities, timing and shipping costs are clearly indicated and clearly highlighted on the website www.agricolamascio.it/commerce.
7.1 All the selling prices of products on display and listed within the www.agricolamascio.it website are in euros and are offered to the public in accordance with art. DC
7.2 The sales prices, referred to in the preceding paragraph, include VAT and any other tax. Shipping costs and any accessory charges (e.g. customs clearance), if present, although not included in the purchase price, must be indicated in the purchase procedure calculated prior to placing the order by the buyer and also contained in the web page of the summary order.
7.3. The prices indicated on each of the goods offered to the public are valid until their availability or their replacement.
8.1. The supplier ensures processing of orders without delay through its telematic system. For this purpose in real time, in your own electronic catalogue, available products and shipping times are supplied.
8.2. If an order exceeds the amount in stock, the supplier, via e-mail, will inform the buyer if the stock is no longer available or what the waiting time for new stock will be, asking whether he/she wishes to confirm the order or not.
8.3. The Supplier information system confirms in the shortest time possible the registration of the order by sending the user an email confirmation, in accordance with Art. 9 limitation of liability 9.1. The supplier assumes no liability for disruptions due to circumstances beyond their control in the event it fails to execute the order within the time provided for in the contract.
Limitation of liability
9.1. The supplier assumes no liability for disruptions due to circumstances beyond their control in the event it fails to execute the order within the time provided for in the contract.
9.2. The supplier shall not be liable to the purchaser, except in the case of intent or gross negligence, inefficiency or failure related to the use of the Internet outside its control or by their subcontractors.
9.3. The supplier will not be responsible for damage, losses and costs incurred by the purchaser as a result of non-performance of the contract for reasons not attributable to him. The Purchaser having the right only to the restitution of the price paid and any charges incurred.
9.4. The supplier assumes no liability for any fraudulent use and abuse carried out by a third party: credit cards, cheques and other means of payment, for the payment of the products purchased, if proved to have taken all the precautions possible based on the best science and experience and on the basis of ordinary diligence.
9.5. In no event shall the buyer be liable for delays or problems in the payment if he shows he has carried out the same payment on time and in the way indicated by the supplier.
Defect liability, evidence of harm and damage that can be compensated: the obligations of the supplier
Defect liability, evidence of harm and damage that can be compensated: 10.1 The supplier’s obligations. Within the meaning of arts. 114 et seq. of the code of consumption, the supplier is responsible for damage caused by defects of the goods sold if he fails to communicate to the Injured Party, within 3 months of the request, the identity and address of the producer or of the person who provided the goods.
10.2. The above-mentioned request by the Injured Party must be made in writing and must indicate the product which was damaged, the place and date of purchase; it should also contain the offer in view of the product, if still available.
10.3. The manufacturer cannot be held responsible for the consequences resulting from a defective product if the defect is due to compliance of the product, to a legal standard or measure which is mandatory binding — that is, if the state of scientific and technical knowledge at the time at which the producer put the product into circulation, did not then allow the product to be considered defective.
10.4. No compensation shall be due where the injured party was aware of the defect of the product and of the danger but has nonetheless voluntarily exposed himself to it.
10.5. In each case the injured party will have to prove the fault, damage and causal connection between fault and damage.
10.6. The Injured Party can claim compensation for damage caused by death or personal injury or destruction or deterioration of something other than the defective product, provided it is the type normally intended for private use or consumption and thus predominantly used by the injured.
10.7. Damage to property under art. 123 of the code of consumption, however, will only be compensated to the extent it exceeds the sum of three hundred and eighty-seven euros (euros 387).
Warranties and service modes
11.1. The supplier is liable for any lack of conformity which occurs within the period of 2 years from the delivery of the goods.
11.2. For the purposes of this agreement, it shall be presumed that the goods conform to the contract if, where relevant, the following conditions exist: a) they are suitable for use to which goods of the same type usually serve; b) conform to the description made by the seller and possess the qualities of the goods which the seller has presented to the consumer as a sample or model; c) present the quality and performance of an asset of the same type, which the consumer can reasonably expect, given the nature of the goods and, where appropriate, of public statements on the specific characteristics of the goods made in that regard by the seller, the producer or his agent or representative, particularly in advertising or on labelling; d) are also eligible for particular use desired by consumers and that it was from these brought to the attention of the seller at the time of conclusion of the contract and that the seller has accepted also for conclusive facts.
11.3. The buyer declines any rights unless he denounces lack of conformity within a period of 2 months from the date on which any defect was discovered. The complaint is not necessary if the seller has acknowledged the existence of the defect or has concealed it.
11.4. In any event, unless proven otherwise, it shall be presumed that the lack of conformity occurring within 6 months from delivery of the goods already existed at that date, unless this assumption is incompatible with the nature of the goods or the nature of the lack of conformity.
11.5. In case of lack of conformity, the buyer may ask, alternatively and without charge, under the conditions mentioned below, the repair or replacement of the asset acquired, a reduction of the purchase price or the termination of this agreement, unless the request is not objectively impossible to meet or be overly burdensome for the vendor pursuant to art. 130, paragraph 4, of the code of consumption.
11.6. The request must be made in writing, sent by registered mail, to the vendor, which will indicate his willingness to implement the request, or the reasons that prevent him from doing so, within 7 working days of receipt.
In the same communication, if the supplier has accepted the request of the purchaser, shall indicate the delivery or restitution of property as well as the deadline for the return or replacement of the defective good.
11.7. If repair and replacement are impossible or excessively burdensome, or the manufacturer has not provided for the repair or replacement of the goods within the time limit referred to in the preceding paragraph or, finally, replacement or repair previously performed have caused considerable inconvenience to the buyer, the latter may request, at his option, a reasonable reduction in the price or the contract rescinded. The purchaser shall in such case send his request to the supplier, which indicates his readiness to implement the same — the reasons that prevent him from doing so, within 7 working days of receipt.
11.8. In the same communication, if the supplier has accepted the request of the purchaser, the price reduction proposal or how to return defective good must be indicated. In such cases the buyer must indicate the modalities for the crediting of amounts previously paid to the supplier.
12.1 The Buyer agrees to pay the price of the goods purchased in the times and ways indicated in the contract.
12.2. The buyer undertakes, once the online purchase procedure has taken place, to provide for the printing and storage of this agreement.
12.3. The information contained in this agreement was, however, already examined and accepted by the purchaser, who acknowledges it, because this step is required before the purchase confirmation.
Right of withdrawal
13.1. L’Acquirente ha in ogni caso il diritto di recedere dal contratto stipulato, senza alcuna penalità e senza specificarne il motivo, entro il termine di 14 (quattordici) giorni lavorativi, decorrente dal giorno del ricevimento del bene acquistato.
13.2. Nel caso in cui il professionista non abbia soddisfatto gli obblighi di informazione su esistenza, modalità e tempi di restituzione o di ritiro del bene in caso di esercizio del diritto di recesso di cui all’art. 52 del Codice del consumo, il termine per l’esercizio del diritto di recesso è di 12 (dodici) mesi decorrenti dalla fine del periodo di recesso iniziale e decorre dal giorno del ricevimento dei beni da parte del Consumatore.
13.3. Nel caso l’Acquirente decida di avvalersi del diritto di recesso, deve darne comunicazione al Venditore a mezzo di raccomandata A.R. all’indirizzo Via Coste 1/A, 06309 Trevi (PG) ovvero a mezzo fax al numero 0742-78.09.55 o tramite posta elettronica all’e-mail email@example.com, purché tali comunicazioni siano confermate dall’invio di raccomandata A.R. all’indirizzo Via Coste 1/A, 06309 Trevi (PG), entro le 48 (quarantotto) ore successive. Farà fede tra le Parti il timbro apposto dall’ufficio postale sulla ricevuta rilasciata. Ai fini dell’esercizio del diritto di recesso l’invio della comunicazione potrà validamente essere sostituito dalla restituzione del bene acquistato, purché nei medesimi termini. Farà fede tra le Parti la data di consegna all’ufficio postale o allo spedizioniere.
13.4. La riconsegna del bene dovrà comunque avvenire al più tardi entro 30 (trenta) giorni dalla data di ricevimento del bene stesso. In ogni caso, per aversi diritto al rimborso pieno del prezzo pagato, il bene dovrà essere restituito integro e, comunque, in normale stato di conservazione.
13.5. L’Acquirente non può esercitare tale diritto di recesso per i contratti di acquisto di prodotti audiovisivi o di software informatici sigillati, che sono stati dal medesimo aperti, nonché beni confezionati su misura o chiaramente personalizzati o che, per loro natura, non possono essere rispediti o rischiano di deteriorarsi o alterarsi rapidamente, di fornitura di giornali, periodici e riviste, nonché beni il cui prezzo è legato a fluttuazioni dei tassi del mercato finanziario che il professionista non è in grado di controllare e in ogni altro caso previsto dall’art. 55 del Codice del consumo.
13.6. Le sole spese dovute dal Consumatore per l’esercizio del diritto di recesso a norma del presente articolo sono le spese dirette di restituzione del bene al Fornitore, salvo che il Fornitore non accetti di accollarsele.
13.7. Il Fornitore provvederà gratuitamente al rimborso dell’intero importo versato dall’Acquirente entro il termine di 30 (trenta) giorni dal ricevimento della comunicazione di recesso.
13.8. Con la ricezione della comunicazione con la quale l’Acquirente comunica l’esercizio del diritto di recesso, le Parti del presente contratto sono sciolte dai reciproci obblighi, fatto salvo quanto previsto ai precedenti punti del presente articolo.
14.1. The obligations referred to in point 12.1, assumed by the purchaser, as well as the guarantee of successful payment the buyer performs with the means referred to in point 5.1, and also the exact fulfillment of the obligations assumed by the supplier in section 6, their essential character, so that for the Pact, failure of only one of these bonds, unless determined by unforeseeable circumstances or circumstance beyond their control will the resolution of contract law ex art. 1456 c.c., without judicial ruling.
Privacy and processing of personal data of the purchaser
15.2. Personal and master data collected directly and/or through third parties by the supplier, the holder of the treatment, are collected and processed in hard copy, computer technology, telematics, in relation to treatment modalities with the aim to record the order and activate the procedures against him for the execution of this agreement and the related necessary communications, in addition to the fulfillment of any legal obligations and to allow effective management of trade relations to the extent necessary to carry out the service requested (article 24, paragraph 1, letter b, d.lgs. 196/2003) .
15.3. The supplier undertakes to treat with confidentiality all data and information transmitted by the buyer and not disclose to unauthorized persons nor uses them for purposes other than those for which they were collected; neither does he pass them on to third parties. Such data may be released only at the request of the Judicial Authority or other authorities authorized by law.
15.4. The personal data will be communicated, after signing a commitment of confidentiality of the data, only to delegates at the completion of tasks necessary for the execution of the contract and only released for this purpose.
15.5. The buyer has the rights under art. 7 of the d.lgs. 196/2003, namely the right to obtain: a) updating, rectification or, when interested, integration of data;
b) cancellation, transformation in anonymous form or the blocking of data unlawfully processed, including those whose conservation is not necessary in relation to the purposes for which the data were collected or subsequently processed;
c) attestation that the operations referred to in letters a) and b) have been brought to knowledge, also as regards to their content, of those to whom the data was communicated or diffused, except the case in which such fulfillment proves to be impossible or involves the use of means manifestly disproportionate to the right protected. The person concerned also has the right to oppose, in whole or in part: 1) for legitimate reasons to the processing of personal data concerning him, even if pertinent to the purpose of the collection; II) to the processing of personal data concerning him for the purpose of sending advertising materials or direct selling or for carrying out market research or commercial communication.
15.6. The communication of personal data by the purchaser is a necessary condition for the proper and timely performance of this agreement. Without these details The Buyer’s requests cannot be fulfilled.
15.7. In any case, the data collected will be stored for a period of time not exceeding that necessary for the purposes for which they were collected or further processed. Their removal will always be carried out in a secure way.
15.8. The Owner responsible for the collection and treatment of personal data is the supplier to whom the purchaser may direct, at the corporate headquarters, any request.
15.9. Everything sent to the email address (also electronic) (requests, suggestions, ideas, information, materials etc.) not considered information of a confidential nature, shall not violate the rights of others and should contain valid information, not detrimental to the rights of others and correct, in any case the Centre cannot be attributed to any responsibility on the same said message content.
Contract storage mode
16.1. Pursuant to art. 12 of the d.lgs. 70/2003, the supplier shall inform the purchaser that each order submitted is stored digitally or printed on the server//at the same Provider according to criteria of confidentiality and security.
Communications and complaints
17.1. The written submissions directed to the supplier and any complaints will be considered valid only if sent to the following address: Via Coste 1/A, 06309 Trevi (PG), or sent via fax to the number 78.09.55-0742 or sent via e-mail to the following address firstname.lastname@example.org. The buyer indicates in its registration form or residence address, telephone number or e-mail address to which you want to be sent notices of the supplier.
18.1. All disputes arising from this agreement will be submitted to the Chamber of Commerce of Perugia and resolved according to the rules of procedure adopted by conciliation.
18.2. If parties wish to deal with the ordinary judicial authority, the competent court is that of the place of residence or elective domicile of the consumer, mandatory pursuant to art. 33, paragraph 2, lett. u) of d.lgs. 206/2005.
Applicable law and referral
19.1. This agreement is governed by the Italian law.
19.2. Here, although not expressly provided, apply the rules of law applicable to the present case and reports provided for in this agreement, and in particular art. 5 of the Rome Convention of 1980.
19.3. Pursuant to art. 60 of d.lgs. 206/2005, is hereby expressly invoked the discipline contained in part III, title III, chapter I of the d.lgs. 206/2005.
This agreement repeals and replaces any agreement, understanding, negotiation, written or oral, intervened earlier between the parties and relating to the object of this contract.