General Terms and Conditions of Sale
These general conditions of sale are applied to the purchase contract related to any purchase of products made through the e-commerce site www.fattoriasanmichele.it (hereinafter also referred to as the “Website”), by users qualifying as “Consumers “(to be understood: the natural person who acts for purposes unrelated to any business, commercial, craft or professional activity carried out). The Website is owned and managed by Fattoria San Michele a Torri Società Agricola S.r.l. (hereinafter also referred to as ” Fattoria San Michele a Torri “), with registered office in Scandicci (FI), via San Michele 36, 50018, VAT number 06274470480 and registration number in the Florence Company Register FI – 614867.
1.1. Purchases of products made through the Website will have as parties Fattoria San Michele a Torri Società Agricola S.r.l. (hereinafter also referred to as the “Seller”) and the Consumer, as the buyer that, together with the Seller, are hereinafter also collectively referred to as the “Parties”.
1.2. All the contents of the Website are protected by copyright and the relative copyrights are owned by Fattoria San Michele a Torri Società Agricola S.r.l. The Website cannot be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, linked and used, in particular for commercial purposes, without the prior written consent of Fattoria San Michele a Torri.
1.3. Any communication from the Consumer connected and / or related to the purchase of the products – including any reports, complaints, requests concerning the purchase and / or delivery of the Products, the exercise of the right of withdrawal, etc. – must be sent to the Seller at the addresses and in the manner indicated on the Website and in any case to the e-mail address firstname.lastname@example.org.
1.4. Each purchase is regulated by the general conditions of sale in the version that will be published on the Website at the time the order is sent by the Consumer. The Consumer who accesses the Website to make purchases is required, before sending the order, to carefully read these General Conditions that have been made available to him on the Website and which will be available for consultation by the Consumer at any time.
1.5. The Website is dedicated to retail and is intended for the exclusive use of Consumers. Individuals who are not Consumers are requested not to execute purchase orders. If one or more sales are made by a person who is not qualify as a Consumer, these general conditions of sale will apply but with an express waiver from the following provisions:
(i) to the non-consumer buyer will not be granted the right of withdrawal referred to in Article 8;
(ii) the non-consumer buyer will not be able to benefit from the product warranty indicated in Article 9;
(iii) to the non-consumer buyer will not be granted any other protections provided herein in favor of the consumer, which reflect or are in compliance with mandatory provisions of the law;
(iv) the sales contract settled between the Seller and the non-Consumer buyer will be governed by Italian law.
1.6. Simultaneously with the transmission of the purchase order, the Consumer accepts that the confirmation of the information relating to the order placed and these general conditions of sale will be sent by e-mail to the address stated by the same during registration on the Website or during the purchasing process.
1.7. In order to make purchases through the Website, the Consumer must have the age of majority (18 years) and the legal capacity to act, which the Consumer declares to possess.
1.8. Any costs for Internet connection to the Website, including telephone costs, are the sole responsibility of the Consumer, according to the rates applied by the operator selected by the Consumer.
2. Characteristics of the products and their availability in the various geographical areas
2.1. The products are sold with the characteristics described on the Website, in particular in the relative descriptive sheet, and according to the general conditions of sale published on the Website at the time the order is sent by the Consumer, with the exclusion of any other condition or term.
2.2. The Seller reserves the right to modify these general conditions of sale at any time, at its discretion, without the need to provide any notice to users of the Website. Any changes made will be effective from the date of publication on the Website and will be applied only to sales concluded by that date. All in compliance with current legislation.
2.3. Prices, products on sale on the Website and/or their characteristics are subject to change without notice. Therefore, before sending the purchase order pursuant to Article 4 below, the Consumer is invited to check the final sale price.
2.4. The visual representation of the products on the Website, where available, normally corresponds to the photographic image accompanying the description sheet. It is understood that the image of the products themselves has the sole purpose of presenting them for sale and may not be perfectly representative of its characteristics and quality but may differ in color and size. In the event of a difference between the image and the written product sheet, the description of the product sheet always prevails.
2.5. The Website can be accessed from all over the world. However, Fattoria San Michele a Torri reserves the right to accept or not deliveries requested outside the Italian or European borders.
3. Prices and shipments of products
3.1. The prices of the products on the Website include all taxes and duties regarding national shipments, at European level and in the USA, including customs duties. For all other countries (by way of example and not limited to: Switzerland, Norway, UK, Russia, Canada, Japan …) customs duties are not included in the transport costs. All prices are expressed in Euros. The price of the products is the one indicated on the Website contextually at the order sent by the Consumer. The prices also include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), while they do not include shipping costs which are calculated prior the confirmation of the order sent by the Seller to the Consumer and which the Consumer himself undertakes to pay to the Seller in addition to the price indicated on the Website.
3.2. The Consumer must pay the total price to the Seller, as reported on the purchase confirmation page and in the order confirmation sent by e-mail from the Seller to the Consumer.
3.3. The delivery times indicated by Fattoria San Michele a Torri must be considered as purely indicative and a delay with respect to them, or any delivery made with subsequent split shipments does not legitimize the Consumer to refuse the delivery itself and to request compensation or reimbursement.
3.4. For any delivery made outside the Italian borders, shipping costs and delivery times may vary.
3.5. The products purchased on the Website shall be delivered to the shipping address indicated by the Consumer in the order form, on the days between Monday and Friday, with the exception of national holidays and the day immediately following the latter. With regard to shipments outside Italy and outside Europe, it is likely that the delivery days may vary depending on the carrier in charge.
4. How to purchase products
4.1. The purchase order transmitted by the Consumer to the Seller through the Website has the value of a contractual proposal and is governed by these general conditions of sale, which are an integral part of the order itself and that the Consumer, by transmitting the purchase order to the Seller, is required to accept in full and without any reservation. Before proceeding with the purchase of the products, by sending the purchase order, the Consumer will be asked to carefully read these general conditions of sale, including the information on the right of withdrawal referred to in Article 8 below. Furthermore, the Consumer will be asked to identify and correct any errors in entering their data.
4.2. Orders are subject to the availability of individual products and approval by the Seller. The Seller reserves the right, at any time and at its sole discretion, to refuse an order, including, for example, in cases where:
(i) the products ordered are no longer available on the Website at the time the order is placed;
(ii) the Seller becomes aware of an error on the Website related to the price and/or description of the products;
(iii) the order cannot be executed due to an error/omission in the information provided by the Consumer (by way of example and not limited to: information on payment, billing or delivery address);
(iv) the Seller has reason to believe that the order was placed by a minor.
The Seller also reserves the right to make partial deliveries and/or limit the quantities of products ordered by the Consumer to a number of products reasonably considered for domestic use. In this case, the Consumer will only be charged for the price of the products delivered.
In all cases in which the Seller is unable to fulfill an order, or he is able to do it only partially, or intends to limit the quantities of products ordered, the Seller will contact the Consumer by e-mail or by telephone, at the addresses provided during the registration on the Website, as soon as possible, and, in any case, no later than thirty (30) days from Website order date. Any payments already made by the Consumer will be promptly reimbursed by the Seller by bank transfer.
4.3. The Consumer’s purchase order is accepted by the Seller by sending to the Consumer, to the e-mail address declared by the latter to the Seller at the time of registration on the Website, or at the sending of the order if the Consumer is not registered on the Site, an e-mail confirming the order itself, which will contain the link to the text of these general conditions of sale, the summary of the order made, the description of the characteristics of the products ordered and the expected delivery date. The Consumer’s order, the Seller’s order confirmation and the general conditions of sale applicable to the relationship between the Parties will be filed electronically by the Seller in its computer systems and the Consumer may request a copy by sending an e-mail to the Seller at the address email@example.com.
4.4. Each product purchase contract is considered concluded when the Consumer receives the order confirmation from the Seller via e-mail.
5. Product selection and purchase procedure
5.1. The products on the Website can be purchased by the Consumer by selecting the products of interest and including them in the appropriate virtual shopping cart. Once the selection of the products has been completed, to proceed with the relative purchase of what is inserted in the cart, the Consumer must proceed to: (i) register on the Website, providing the requested data, or (ii) log in, if the Consumer is already registered , or (iii) if the Consumer does not intend to register on the Website, to provide his/her data in order to complete the order. The Consumer already registered on the Website, can verify or modify his personal data by accessing, after login, the “My account” section, following the instructions therein, or directly to the “Change account information” section.
5.2. For the Consumer already registered on the Website, if the data indicated in the order are different from those provided during registration on the Website, the Consumer will be asked to confirm 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 valid e-mail address and/or a telephone number where you can contact him for any communications related to the purchase made.
5.3. If the Consumer decides for the immediate payment method (contextual to the purchase) by credit card, he will be required to communicate the relevant data via a secure connection. For accounting and administrative needs, the Seller reserves the right to verify the personal details indicated by the Consumer.
5.4. Before confirming the order that will be forwarded to the Seller, the Consumer will see a summary where he can modify the contents. Consequently, the Consumer, after careful reading, must expressly approve these general conditions of sale, through the appropriate check-box “terms and conditions” present on the Website and finally, through the “order” button, he will be requested to confirm his order, which will be definitively sent to the Seller and will produce the effects described in the previous article 4.
6. Delivery of products and acceptance
6.1. The availability of the products and their delivery times are indicated on the Website; however, such information is to be considered purely indicative and not binding for the Seller. Some products may not be available for delivery; therefore, the Consumer is invited to check for any restrictions on the delivery of these products in the relevant description sheet, before proceeding with the purchase.
6.2. The Seller undertakes to do everything in its power to comply with the delivery times indicated on the Website. The Seller cannot therefore be held responsible for any loss or damage suffered by the Consumer due to delays in the delivery of the products, except that such delay is attributable to willful misconduct or fault of the Seller. In case of non-execution of the order by the Seller, due to the unavailability, even temporary, of the products, the Seller will provide written communication to the Consumer and will refund any sums already paid by the Consumer for the payment of the products in the manner provided in these general conditions.
6.3. The shipment of the products ordered by the Consumer will take place in the mode selected by the Consumer, among those available and indicated on the Website at the time of placing the order. The Consumer undertakes to promptly check, and in any case as soon as possible, that the delivery includes all and only the products purchased and to promptly inform the Seller of any defect in the products received or of their discrepancies with the order placed, according to the procedure referred to in the following art. 9 of these general conditions of sale; failing that, the products will be considered accepted. If the packaging or wrapping of the products ordered by the Consumer reach their destination clearly damaged, the Consumer is required (i) to accept the delivery “with reserve” by noting the “reserve” on the delivery note or, alternatively, (ii ) refuse delivery by the carrier / forwarder.
7.1. Payment can be made by Visa or Mastercard or by bank transfer, under the conditions described below.
7.2. If the payment is made through the Visa or Mastercard circuits, after having entered all the data necessary for the purchase procedure, the Consumer will be sent back to a payment area entirely protected by our banking partner Chianti Banca – Credito Cooperativo. At this point, the Consumer will be asked to enter the data of his credit card or prepaid card to make the relative payment. The credit card data are encrypted and securely transmitted to servers, the only ones enabled to decrypt such information, the authorizations, and data are then verified by the consumer bank. The transmitted data will be sent in protected mode, through the encrypted transfer of data with SSL (SecureSocketLayer) system. These data are not accessible even to the Seller.
7.3. In case of selection of the bank transfer payment method, the Consumer will have to make the payment for the amount related to the purchase order after receiving the order confirmation email that contains the IBAN for the deposit. Only after the receiving of the payment the Seller will proceed with the shipment of the items.
8. Right of withdrawal and exclusions
8.1. In accordance with art. 59 of Legislative Decree no. 206/2005, as amended by Legislative Decree. n. 21/2014, the right of withdrawal is excluded in the following cases:
(i) order of products specifically tailored or clearly personalized;
(ii) orders for products that are at risk of deterioration or expire rapidly;
(iii) order of sealed products which are not suitable for return for hygienic reasons or related to health protection or which have been opened after delivery.
8.2. With reference to the cases of exclusion of the withdrawal right listed above, the Consumer, in particular, is informed and accepts that the products that are at “risk of deteriorating or expire rapidly” include those food products whose characteristics and quality are subject to alteration, even as a result of inappropriate storage by the Consumer.
8.3. Except for the cases indicated in the previous Articles 8.1 and 8.2., The Consumer has a period of fourteen (14) days to withdraw from the purchase contract of the products without having to provide any reasons and without having to incur costs other than those provided for in the following paragraphs 8.6, 8.7 and 8.8.
8.4. The aforementioned withdrawal period of 14 (fourteen) days runs from:
(i) 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 nominated by the Consumer, acquires physical possession of the product;
(ii) 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 nominated by the Consumer, acquires physical possession of the last product object of the same order;
(iii) in the case of an order for 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 nominated by the Consumer, acquires physical possession of the last lot or piece.
8.5. To exercise the right of withdrawal, the Consumer must inform the Seller, before the expiry of the terms referred to in the previous art. 8.4., of its decision, by 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 any other explicit declaration to withdraw from the sales contract to the e-mail address firstname.lastname@example.org , indicating in any case the order number, the product/s for which he/she intends to exercise the right of withdrawal and his/her address.
8.6. The Consumer who has exercised the right of withdrawal pursuant to this Article 8, must return the product/s purchased to the Seller, using a carrier of his choice and at his own exclusive cost, without undue delay and in any case by term of 14 calendar days from the date on which he communicated his decision to withdraw to the Seller. The product subject to withdrawal, properly protected and packaged, must be sent to the following address: via San Michele 36 – 50018 Scandicci (FI). The direct costs of returning the products subject to withdrawal to the Seller are the sole responsibility of the Consumer.
8.7. In case of exercise of the right of withdrawal, the Seller reimburses all payments received from the Consumer, including the costs of delivering the products, without undue delay and, in any case, no later than fourteen (14) days from the exercise of the withdrawal. These refunds will be made by bank transfer, to the bank details already communicated at the time of payment or to those that the Consumer will communicate following the request made by the Seller, unless the Consumer himself requests the refund on a different means of payment, in in this case, the Consumer will be responsible for any additional costs deriving from the different means of payment. The Seller is entitled to suspend the reimbursement of the aforementioned amounts until receipt of the products subject to withdrawal or until the Consumer demonstrates that he has returned the same products, whichever is earlier.
8.8. The Consumer is responsible for the decrease in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are damaged (for example with signs of wear, abrasion, scratches, deformations, etc.), not complete with all their elements and accessories (including labels and tags unaltered and attached to the product), not accompanied by the attached instructions/notes/manuals, original packaging and the guarantee certificate, where present, the Consumer will have to answer 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 establish the nature, characteristics and functioning of the same and to cover the original packaging of the products with other protective packaging that preserves its integrity and protect it during transport even from writings or labels.
9. Legal guarantee of conformity of the seller, reporting of conformity defects and interventions under guarantee
9.1. The sale of products is subject to the legal guarantees of conformity provided for in Articles 128, 129 and 130 of the Consumer Code. The Consumer has the right, at his choice and if the type of product allows it, to restore, without charge, the conformity of the product by repair or replacement, or to an adequate reduction in the price or termination of the contract.
9.2. In case of lack of conformity of the products sold, under penalty of forfeiture of this guarantee, the Consumer has the burden of reporting any defects and non-conformities within and no later than two (2) months from discovery – provided that they are not products which by their nature are perishable or subject to expiration in a shorter period, in which case the defect must be reported within this shortened period – by sending an email to email@example.com with an indication of the defect and/or non-conformities found, as well as the related documentation (at least one (1) photograph of the product, the order confirmation sent by the Seller and/or the tax receipt).
9.3. Following receipt of the communication and related documentation referred to above, the Seller will evaluate the defects and non-conformities reported by the Consumer and will decide whether to authorize the return of the products by providing the Consumer with a reply, containing the “Return Code”, via e-mail to the address provided by the latter during the registration process on the Website or when transmitting the order. The authorization to return the products will in no way constitute recognition of defects or non-conformities, the existence of which must be ascertained after the return. The products for which the Seller has authorized the return must be returned by the Consumer, together with a copy of the return authorization notice bearing the “Return Code”, within fourteen (14) days from the notification of the defect or non-conformity, to the following address: via San Michele 36 – 50018 Scandicci (FI).
9.4. If the Seller is required to reimburse the Consumer the price paid and the relative shipping costs, the refund will be made, where possible, by bank transfer to the bank details already communicated at the time of payment or to those that the Consumer will communicate after the request made by the Seller.
10. Liability for damage from defective products
10.1. As regards any damage caused by product defects, the provisions of the European Directive 85/374 / EEC and the Italian Legislative Decree no. 206/2005 (Consumer Code). The Seller, in the capacity of distributor of the products through the Site, is free from any liability, none excluded and/or excepted, indicating the name of the relative manufacturer of the products.
11. Intellectual Property Rights
11.1. The Consumer declares to be informed that all trademarks, names, as well as any distinctive sign, denomination, image, photograph, written or graphic text used on the Site or relating to the products are and remain the exclusive property of Fattoria San Michele a Torri and/or its successors in title, without the Consumer having any rights over them from accessing the Site and/or purchasing the products.
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 Fattoria San Michele a Torri.
12. Consumer data and privacy protection
12.2. The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process are correct and truthful.
12.3. The Consumer may at any time check, update, modify, delete their personal data provided to the Seller through the appropriate section of the Site “My account” accessible after authentication and may at any time exercise their rights under the Privacy Code by following the information provided in the privacy documentation on the Site.
13.1. Although the Seller adopts measures to protect personal data against their possible 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, even after the Consumer has authenticated (login), cannot be accessed or viewed by unauthorized third parties.
14. Force majeure
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, by way of example 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.
15. Applicable law, conciliation attempt and competent court
15.1. The contract for the purchase and sale of products through the Website will be governed and interpreted in accordance with Italian law. For any dispute concerning the interpretation, execution and / or termination of the contract between the Consumer and Fattoria San Michele a Torri, the Parties acknowledge that the Judge of the place of residence or domicile of the Consumer will be competent on the basis of the relevant laws in force.
15.2. For anything not expressly provided for here, the provisions of the law in force in the Italian system apply and in particular, for consumers, the provisions of Legislative Decree no. 206/2005 and subsequent amendments.