Terms and conditions of use
General conditions Update 20/02/2021 Premise These general conditions of sale (hereinafter, "General Conditions") have as their object the regulation of the purchase of products made remotely and made available, via the internet, from the website www.apicolturavalmeduna.it/negozio (hereinafter, the "Site") in compliance with the Italian legislation referred to in d. lgs. 206/2005 and subsequent amendments (Consumer Code) and Legislative Decree 70/2003. The seller of the products and owner of the Site is Borgo delle Mele s.s.a. di Ciriani Serena and Siega Christian, with registered office in via General Cantore 50 / a 33084 Pinzano al Tagliamento (PN) tax code / p. VAT 01802660934 e-mail address firstname.lastname@example.org The consumer who accesses the Site to make purchases (hereinafter, the "Customer") is required, before sending the order, to read these General Conditions that are available on the Site in order to allow them to be reproduced and stored. . In the event that the person making the purchase on the Site requests the issuance of an invoice and / or is not a "consumer or user" as defined in art. 3, paragraph 1, lett. a) of d. lgs. 206/2005, will not apply the discipline of withdrawal referred to in these General Conditions nor, more generally, the provisions that pursuant to the same d. lgs. 206/2005 apply only to "consumers". Contracts concluded remotely with Borgo delle Mele s.s.a. by Ciriani Serena and Siega Christian through the Site are governed by these General Conditions in compliance with Italian law. The language available to conclude the contract is Italian. 1. Premises The premises are an integral and substantial part of these General Conditions. 2 Contract formalization 1. The characteristics and the price of the various products for sale on the Site (hereinafter, "Products" or "Product") are shown on the page relating to each Product. 2. The contract between Borgo delle Mele s.s.a. by Ciriani Serena and Siega Christiane the Customer ends exclusively through the Customer's access to the Site, where, following the procedures indicated, the Customer will formalize the proposal for the purchase of the Products using remote communication technology through the network Internet. 3. The service is active for purchases to be delivered in Italy and in the following EU countries indicated in point 9. 4. The contract is concluded after the exact completion of the request form and the consent to purchase and the subsequent confirmation, by Apicoltura Val Meduna della Famiglia Casali, of the registration of the purchase order made by Customer via order summary message, sent to the e-mail address indicated by the Customer and / or via web screen. 5. The contract is not considered perfected and effective between the parties in default of what is indicated in the previous point. 6. In the event of any stock outages due to unforeseeable factors or other causes, Borgo delle Mele s.s.a. di Ciriani Serena and Siega Christian undertakes to promptly notify the Customer via e-mail of the unavailability of the product and to refund or in any case not charge the Customer the corresponding price, or to inform the Customer of what are the waiting times to obtain the any additional available good chosen, asking if you intend to confirm the order or not. 7. Borgo delle Mele s.s.a. di Ciriani Serena and Siega Christian reserves the right not to accept incomplete and / or not properly completed purchase orders by notifying them via email to the email address indicated by the Customer and / or with a web screen. 3. Customer Obligations 1 The Customer undertakes to read and accept these terms and conditions. 2. The Customer undertakes, once the online purchase procedure has been completed, to print and / or keep these terms and conditions, which, moreover, he will have already viewed and accepted as an obligatory step in the purchase. This is in order to fully satisfy the condition set out in articles 52 and 53 of Legislative Decree 206/05 and subsequent amendments and additions. 3. The Customer is strictly forbidden to enter false and / or invented data in the registration procedure necessary to activate the procedure for the execution of this sales agreement and related further communications. The personal data and the e-mail address must also correspond exclusively to their personal data and not to those of third parties. 4. The Customer declares to be of age. 4. Delivery times and methods 1. Borgo delle Mele s.s.a. di Ciriani Serena and Siega Christian provides to deliver to the Customer, at the address indicated by him and by express courier, the Products selected and ordered by the same. 2. Except in cases of force majeure or unforeseeable circumstances, deliveries are made approximately within the deadline subsequently found damage to the product, he must, within 8 days of delivery, report the damage by sending a registered letter with return receipt to Apicoltura Val Meduna of the Casali family, via General Cantore, 50 / a 33094 Pinzano al Tagliamento (PN). In addition to the reason for the complaint, the Customer must also specify the purchase order number and tax documentation.
2. In the event that the Customer finds damage to the product due to transport not visible from the outside or the mismatch in the number of products received, he must report the damage, in the first case within 8 days of discovery and in the second within 8 days of delivery , by sending a registered letter to Borgo delle Mele, via General Cantore, 50 / a 33094 Pinzano al Tagliamento (PN). In addition to the reason for the complaint, the Customer must also specify the purchase order number and tax documentation.
3. If the Customer does not act in the manner and within the terms indicated in the previous points 1 and 2 of this article, he will lose the right to replacement or refund.
4. Following the complaint submitted by the Customer, Borgo delle Mele s.s.a. di Ciriani Serena and Siega Christian will replace the damaged product. In the event that, for any reason, Borgo delle Mele s.s.a. Ciriani Serena and Siega Christian were unable to replace the product, may proceed with the return of the full amount paid or its replacement with a product of equal or greater value in agreement with the Customer.
6. Notification of defects and legal guarantee
1. Borgo delle Mele s.s.a. di Ciriani Serena and Siega Christian has the obligation to deliver goods to the customer that comply with the sales contract and is liable to the buyer for any lack of conformity existing at the time of delivery of the goods.
2. The products are covered by the two-year legal guarantee for lack of conformity pursuant to art. 128,129, 130, 131, 132, 134, 135 of Legislative Decree 206/2005 and subsequent amendments and additions.
3. The guarantee is reserved to the consumer as defined by the Legislative Decree. 206/2005 and subsequent amendments and additions.
4. The buyer loses the warranty if he does not report the lack of conformity to the seller within 2 months from the date on which he discovered the defect.
5. The legal guarantee only covers the replacement of goods that do not comply with the sales contract, as the subject of the contract are food products. The warranty does not apply in the event that the reported defects arise from incorrect storage, handling or use or transport of the product by the consumer or in the event of failure to comply with the instructions provided by the food manufacturer on the product label. Likewise, the guarantee does not operate every time the defect is attributable to the guilty or willful conduct of the consumer or depends on other causes not related to the production and transport of the product to the consumer's home.
6. In the event that the Customer finds lack of conformity, he must report the damage, within 2 months from the date of discovery of the defect, by sending a registered letter to Borgo delle Mele, via General Cantore, 50 / a 33094 Pinzano al Tagliamento ( PN). In addition to the reason for the complaint, the Customer must also specify the purchase order number and tax documentation.
7. In the event of a lack of conformity, duly reported within the established terms, the purchaser will have the right to have the product replaced within a reasonable time unless the remedy itself is objectively impossible or excessively burdensome or, in a secondary way, will have the right to a reduction. of the price or upon termination of the contract. A minor lack of conformity for which it has not been possible or is excessively burdensome to carry out the remedies for repair or replacement, does not give the right to terminate the contract.
8. Borgo delle Mele s.s.a. by Ciriani Serena and Siega Christian reserves the right to verify the existence of the lack of conformity.
9. Borgo delle Mele s.s.a. di Ciriani Serena and Siega Christian reserves the right to notify the buyer if it will collect the defective product at the buyer's home.
10. The operating times for carrying out the activities related to the activation of the guarantee are variable and are determined by the type of product and the nature of the defect.
11. Borgo delle Mele s.s.a. di Ciriani Serena and Siega Christian will never, in any case, be burdened with charges deriving from any delays in the delivery of the replaced product or from the refund of the price. In any case, except in exceptional cases, the replacement will be made within 15 working days from delivery of the defective product to Borgo delle Mele. Otherwise, the Customer may take one of the alternative remedies provided by law (termination of the contract or reduction of the price paid to you)
7. Right of withdrawal
1. The Customer has the right to withdraw from the contract for any reason and without any penalty within 14 days from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the 'last asset, where the information obligations provided for in art. 52 of Legislative Decree. 206/2005 and subsequent amendments.
2. In the event that the seller has not fulfilled the information obligations pursuant to art. 52, paragraph 2, lett. f) and g) and 53 of Legislative Decree 206/2005 and subsequent amendments and additions, the deadline for exercising the right of withdrawal ends 12 months after the end of the initial withdrawal period. This last term also applies in the event that Borgo delle Mele s.s.a. by Ciriani Serena and Siega Christian provides incomplete or incorrect information that does not allow the correct exercise of the right of withdrawal.
3. The right of withdrawal must be exercised by the Customer by sending a written communication by registered letter with acknowledgment of receipt, to be sent to the address via general cantore, 50 / a 33094 Pinzano al Tagliamento (PN).
The communication must include your name, address, the purchase order number, the will to withdraw from the purchase and the product or products for which you intend to exercise the right of withdrawal; the Customer must also attach a copy of an identity document, a copy of the purchase tax documentation, indicate both a telephone number on which he can be contacted, and the bank details of the current account to which he will receive the refund of the amount paid.
5. To meet the withdrawal deadline, it is sufficient to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
6. Once the notice of withdrawal has been received, Borgo delle Mele s.s.a. di Ciriani Serena and Siega Christian will notify the customer of the address to which to ship the products to be returned and the authorization to return the products themselves.
7. The Customer must send the product carefully packaged in its original packaging, complete with everything originally contained, to the communicated address. The shipment by the Customer must be made by courier or delivery to the Seller or to a third party authorized by him within 14 days from the communication of withdrawal from the contract to Apicoltura Val Meduna of the Casali Family. Upon receipt of the products or until the buyer has demonstrated that he has returned the goods, whichever occurs first, Borgo delle Mele s.s.a. by Ciriani Serena and Siega Christian will refund the amount paid to the customer. For the purposes of the expiry of the term, the goods are considered returned when they are delivered to the accepting post office or to the forwarder.
8. In case of exercising the right of withdrawal within fourteen days pursuant to art. 64 paragraph 1 of Legislative Decree. 206/2005 and subsequent amendments and additions, the costs incurred by the Customer for returning the products to Borgo delle Mele s.s.a. by Ciriani Serena and Siega Christian are charged to the customer.
9. In case of exercising the right of withdrawal within 14 days pursuant to art. 64 paragraph 1 of Legislative Decree. 206/2005 and subsequent amendments and additions, the integrity of the goods to be returned is an essential condition.
10. In the case of exercising the right of withdrawal within 14 days pursuant to art. 64 paragraph 1 of Legislative Decree. 206/2005 and subsequent amendments and additions, Borgo delle Mele s.s.a. di Ciriani Serena and Siega Christian will reimburse the sums paid by the Customer within 14 days from the day he is informed of the Customer's decision to withdraw from the contract using the same form of payment used by the Customer for the initial transaction, unless otherwise expressly agreed with the Customer.
11. The reimbursement may be suspended until receipt of the goods or until the Customer demonstrates that he has returned the goods, whichever is earlier.
1. All sales prices of the Products displayed and indicated on the Site constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code
2. The Customer will correspond to Borgo delle Mele s.s.a. by Ciriani Serena and Siega Christian for the Products purchased at the price indicated in the online catalog at the time the Customer himself placed the order. This price will be expressed in Euros and will include VAT.
3. The shipping costs of the products, where provided for by the Customer, will be applied according to the prices indicated in the Cart when entering the delivery address, which the Customer views before placing the order.
4. The prices of the Products can be updated and therefore undergo variations on a daily basis.
5. There are no minimum amounts to place an order.
6. Any promotions
9. Shipping costs
Shipping costs in Italy will be borne by Borgo delle Mele s.s.a. by Ciriani Serena and Siega Christian for expense amounts exceeding € 60.00. For expense amounts lower than this sum, they will be charged to the customer. For deliveries outside the Italian territory, the costs are entirely borne by the customer and shipments can be made to the following EU countries: Austria, Balearic Islands, Belgium, Luxembourg, Bulgaria, Canary Islands, Corsica, Croatia, Denmark, Eire, Estonia, Finland, France, Germany, Greece, England, Croatian Islands, Great Britain Islands, Greek Islands, Portugal Islands (Madeira, Azores), Latvia, Lithuania, Netherlands, Poland, Portugal, Czech Republic, Romania, Slovakia, Slovenia, Spain, Sweden, Hungary.
1. Borgo delle Mele s.s.a. di Ciriani Serena and Siega Christian assumes no responsibility for inefficiencies attributable to force majeure of any nature and kind, in the event that it fails to execute the contract within the agreed time frame.
2. Causes of force majeure, by way of example but not limited to, accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events, as well as provisions of the Public Authority, the strike of own employees or carriers of such as Borgo delle Mele ssa Ciriani Serena and Siega Christian makes use of, as well as any other circumstance that is beyond the control of the latter.
3. Without prejudice to the provisions of art. 8 of the U.E. 97/7 and art. 56 Legislative Decree 206/2005 and subsequent amendments and additions, Borgo delle Mele s.s.a. di Ciriani Serena and Siega Christian assumes no responsibility for any fraudulent use by third parties of the credit card details provided by the Customer.
4. Borgo delle Mele s.s.a. Ciriani Serena and Siega Christian cannot be held responsible, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the Internet outside of its own control or that of its subcontractors.
5. Borgo delle Mele s.s.a. Ciriani Serena and Siega Christian will also not be responsible for damages, losses and costs incurred by the Customer as a result of the failure to execute the contract for reasons not attributable to him, as the Customer is only entitled to the full refund of the price paid and any charges. supported accessories.
11. Methods of payment
1. The Customer will pay for the products ordered with Paypal and credit card.
2. The payment will include the costs for the shipping contribution, where applicable, to be paid by the Customer, according to the terms of the offer published on the Site.
3. If the purchase is made by holders of a VAT number, it will be possible to request the issuance of the invoice during the order process by entering the data necessary for billing; in this case Borgo delle Mele s.s.a. di Ciriani Serena and Siega Christian will send the invoice by e-mail to the address indicated in the order. The customer is responsible for the correct insertion of billing data and is expressly informed that, in case of failure to request the invoice during the order, it will not be possible to request it later.
4. For the issuance of the tax document, the information provided by the Customer at the time of the order will prevail. No changes will be possible after the issuance of the tax document. To this end, the Customer undertakes to carefully check the data entered at the time of the order, as these will be used for accounting records.
12. Termination of the Agreement
1. The obligations assumed by the Customer in art. 3 above, as well as the guarantee of the successful completion of the payment that the Customer must make, are essential, so that, by express agreement, the failure by the Customer of only one of these obligations will result in the legal termination of the contract pursuant to Article 1456 of the Italian Civil Code, without the need for a judicial decision, without prejudice to the right for Borgo delle Mele ssa Ciriani Serena and Siega Christian to sue for compensation for further damage.
1. Paypal online transactions are made through secure servers that adopt the SSL (Secure Socket Layer) protection system. This protocol allows you to communicate in a manner designed to avoid the interception, modification or falsification of information.
14. Borgo delle Mele s.s.a. Ciriani Serena and Siega Christian never gets to know the Customer's Paypal account data.
1. Borgo delle Mele s.s.a. di Ciriani Serena and Siega Christian reserves the right to change these terms and conditions at any time by publishing the updated version on the Site.
2. Any new clauses will be effective for purchases made after the date of the change.
16. Applicable law
1. This contract is governed by Italian law. These terms and conditions refer, although not expressly provided therein, to Legislative Decree 206/05 and subsequent amendments and additions.
1. Any dispute relating to the application, execution, interpretation of this contract stipulated online through the Site is subject to Italian jurisdiction.
2. For disputes arising between the Parties in relation to this contract, the judge of the place of residence or domicile of the Customer is competent if located in the territory of the Italian State.
3. If the Customer's residence or domicile is not located in the territory of the Italian State, the Court of the place where the delivery of the goods took place is competent.
18. In all other cases, the territorial jurisdiction is exclusively that of the Court of Pordenone, any other competent court excluded.
19. Protection of confidentiality and processing of the Buyer's data
1. Borgo delle Mele s.s.a. di Ciriani Serena and Siega Christian protects the privacy of its customers and guarantees that the processing of data complies with the provisions of the privacy legislation pursuant to Legislative Decree 30 June 2003, n. 1961.
2. The personal and fiscal data acquired directly and / or through third parties by Apicoltura Val Meduna of the Casali Family, data controller, are collected and processed in paper, computerized, telematic form, in relation to the methods of treatment with the aim of recording the order and activate the procedures for the execution of this contract and the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow effective management of commercial relations to the extent necessary to carry out the best possible the requested service (Article 24, paragraph 1, letter b, Legislative Decree 196/2003) 2.
3. Borgo delle Mele s.s.a. di Ciriani Serena and Siega Christian undertakes to treat the data and information transmitted by the Customer confidentially and not to disclose them to unauthorized persons, or to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may only be exhibited upon request of the judicial authority or other authorities authorized by law.
4. Personal data will be disclosed, after signing a data confidentiality commitment, only to persons delegated to carry out the activities necessary for the execution of the contract stipulated and communicated exclusively for this purpose.
5. The Customer enjoys the rights referred to in art. 7 of Legislative Decree 196/2003, namely the right to obtain:
a) updating, rectification or, when interested, integration of data;
b) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including those that do not need to be kept for the purposes for which the data were collected or subsequently processed;
c) the attestation that the operations referred to in letters a) and b) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case in which this fulfillment is proves impossible or involves the use of means that are manifestly disproportionate to the protected right. The interested party also has the right to object, in whole or in part: i) 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 or direct sales material or for carrying out market research or commercial communication.
6. The communication of personal data by the Purchaser is a necessary condition for the correct and timely execution of this contract. Failing that, the Customer's request cannot be processed.
7. In any case, the acquired data will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. However, their removal will take place safely.
20. Method of archiving the contract
1. Pursuant to art. 12 of Legislative Decree 70/2003, Borgo delle Mele s.s.a. di Ciriani Serena and Siega Christian informs the Customer that each order sent is stored in digital form at the Borgo delle Mele s.s.a. by Ciriani Serena and Siega Christian according to criteria of confidentiality and security.
BORGO DELLE MELE S.S.A. BY CIRIANI SERENA AND SIEGA CHRISTIANSOC. SIMPLE AGR.
via General Cantore 50 / a 33094 Pinzano al Tagliamento (PN) Tel. 339 4299867