Article 1 - General provisions
1. By navigating this area the user accesses fattoriatriboli.it, accessible through the url: https://www.fattoriatriboli.it/. Navigation and trasmission of a purchase order on the website involve acceptance of the Conditions and Data Protection Policies adopted by the website and hereby indicated.
2. The present General Sale Conditions are applied on the sale of products exclusively referring to purchases placed on the website compliant to provisions from Part III, Title III, Chapter I, Consumer's Code (D.lgs. n. 206/05 edited by the D.lgs. n. 21/14 and D.lgs. 70/03 *italian law) on behalf of
Società Fattoria Triboli società semplice agricola
Headquarters: via di Cappello 44, 50023 Impruneta (FI)
VAT code: 06838900485
Registered REA, number FI-660149
3. The user is obliged, before accessing the products provided by the website, to read the hereby General Sale Conditions that are generally and unequivocally intended to be accepted at the moment of purchase.
4. The user is invited to download and print a copy of the purchase form and the present General Sale Conditions, whose terms can be rightfully edited by fattoriatriboli.it one-sidedly and without prior notice.
5. It is possible to use the website and therefore access products provided by it and to their purchase in the following languages:
English
Italian
Article 2 - Subject
1. The present General Sale Conditions govern the offer, submission and acceptance of purchase orders of products on fattoriatriboli.it and do not, otherwise, govern the supply of services or sale of products on behalf of subjects different from the seller who are present on the website as links, banners or other kinds of hypertextual links.
2. Before placing an order and purchasing products and services from different subjects, it is advised to verify their selling conditions.
Article 3 - Contract closure
1. In order to close the purchase contract, it is required to fill out the form in electronic format and follow the relating instructions.
2. Within the contract are the referral to the General Sale Conditions, the images of each product and related price, the payment methods allowed, the shipping methods for the purchased goods and the relating shipping and delivery fees, a referral to the conditions for excercising the Right of Withdrwal; methods and time estimates for the return of purchased products.
3. Before closing the contract, it will be requested a confirmation of the reading of the General Sale Conditions including the Informative regarding the Right of Withdrawal and the treatment of personal data.
4. The contract is closed once the seller receives the filled out form by the user, after verification of the data in it contained.
5. The buyer will be obliged to pay the price from the moment in which the transmission process for the online purchase order is concluded. This happens by clicking on the button "purchase" at the end of the guided procedure.
6. Once the contract is closed, the seller takes on the order for its fulfillment.
Article 4 - Registered users
1. When completing the registration procedures, the user is obliged to follow indications present on the website and to correctly and truthfully provide their own personal data.
2. Confirmation in any case exonerates fattoriatriboli.it from any responsibilities regarding the data provided by the user. The user is obliged to promptly alert fattoriatriboli.it of any and all variations of their data communicated at any time.
3. In case the user communicates incorrect or incomplete data or in case there is a dispute between the subjects involved regarding performed payments, fattoriatriboli.it will be allowed to not activate or to suspend the service until the missing information is supplied.
4. At the moment of the first request from a user to activate a profile, fattoriatriboli.it will attribute a username and password to the user. The user recognizes that these identifying data constitute the validation system for the access to the Services and that the only fitting system to identify the user and the acts performed through this access will be attributed to them and will have binding power towards them.
5. The user is obliged to keep secrecy of their own access data and to store them with due care and attention and to never cede them, even temporarily, to third parties.
Article 5 - Product availability
1. The availability of products relates to the effective availability at the moment the order is placed by the buyer. This availability must still be considered as purely indicative as, by consequence of the simultaneous presence on the website of more users, the products may also be sold to other customers before order confirmation.
2. Even after the confirmation email of the order is sent there may be cases of full or partial unavailability of the goods. In this case, the order will be automatically rectified with the elimination of the unavailable product and the buyer will immediately be alerted via email.
3. If the buyer should request the annulment of their order, terminating the contract, fattoriatriboli.it will refund the paid amount within 10 days from the moment fattoriatriboli.it came to know of the buyer's decision to terminate the contract.
Article 6 - Offered products
1. fattoriatriboli.it sells:
Extra-virgin olive oil, cosmetic producs, honey, preserves and condiments.
2. The offer is detailed in our website at the address: https://www.fattoriatriboli.it/shop/
Article 7 - Payment methods and prices
1. The price of products is the one indicated and continuously updated on the website, except for when a blatant mistake is present.
2. In case of mistake fattoriatriboli.it will alert the buyer as soon as possible allowing them to confirm the order with the right price or cancel the purchase. In an ycase there won't be any obligation towards fattoriatriboli.it to provide the sold goods at the mistakenly advertised price.
3. Prices on the website are inclusive of VAT taxes and do not include shipping costs. Prices may vary at any time. Changes do not concern orders for which an order confirmation has already been sent.
4. Once the desired producs are selected, they will be added to the shopping cart. All that is needed then is to follow instructions for the purchase, by entering or verifying the requested information in any phase of the process. Details of the order can be edited before payment.
5. Payments can be made via:
Bank transfer, Credit/debit card, Paypal
Article 8 - Delivery
1. fattoriatriboli.it ships everywhere in Italy.
2. fattoriatriboli.it will only ship to the user's home address as provided at the moment of purchase.
3. Delivery will be made for the italian territory within 3-4 working days generally, or, in case no delivery date has been specified, within the estimated deadline at the moment of selecting a shipping method and in any case within the maximum deadline of 30 days from date confirmation.
4. As for Countries within the European Union, delivery will be made within 2-4 working days and in any case within the maximum deadline of 30 days.
5. In extra EU territories delivery will happen roughly in 14 working days.
6. In case the delivery can not take place, the package will be sent to storage. In this case, a notice will specify the location of the package and the methods by which a new delivery can be arranged.
7. In case you can not be present at the place of delivery in the arranged timeframe, we ask You to please contact us again to arrange a new delivery date.
8. In case the delivery can not take place after thirty days from the date in which the order is available for delivery because of forces beyond our control, we will assume the contract is meant to be terminated.
9. As a result of the contract termination all amounts will be refunded, including shipping costs and excluding costs of potential additional fees coming from the selection of a shipping method different from the provided ordinary method without an unjustified delay and, in any case, within 15 days from the termination of the contract. Transportation deriving from the contract termination may have additional costs that will be charged to the buyer.
10. Shipping costs are charged to the buyer and are explicitly highlighted at the moment of purchase.
Article 9 - Passing of Risk
1. Risks relating to products will be passed to the buyer at the moment of purchase. The products propriety is considered acquired once the full payment of all due amounts is received, including shipping costs, or at the moment of delivery should this take place at a second moment.
Article 10 - Warranty and Trade Compliance
1. The seller is responsible for each defect of the products offered on the website, including the non compliance of the goods to the purchased products, in compliance to italian law regulations.
2. If the buyer has entered the contract as a consumer, that is to say any physical person acting on the website for purposes other than potential commercial or professional activities, this warranty is valid with the condition that the defect is manifested within 24 months from the date of the product delivery; that the buyer presents a formal claim relating to the defects within a maximum of two months from when the defect has been acknowledged by them; that the online return form has been correctly filled out.
3. In case of non compliance, the buyer that has entered the contract as a consumer has the right to obtain the restoration of the product compliance without any costs, through repair or replacement, or to obtain an appropriate price reduction, or the contract termination relating to the protested goods and the consequent refund of the price.
4. All return costs for defecting products will be charged to the seller.
Article 11 - Returns
1. In compliance to current law regulations, the buyer has the right to withdraw from the purchase with no penalties applied and without having to declare a reason, within the deadline of 14 days as stated by article 57 of D.lgs 206/2005 *italian law, starting from the date of the delivery of the products.
2. In case of multiple purchases made by the buyer with a single order and separately delivered, the deadline of 30 days starts from the date of the delivery of the last product.
3. The user meaning to excert their right of withdrawal will have to communicate it to fattoriatriboli.it through an explicit declaration, that can be transmitted via registered return-receipt letter to the address: Via di Cappello 44, 50023 Impruneta (FI).
Furthermore the buyer is allowed to declare their will to withdraw by indicating their order number and username to: info@fattoriatriboli.it
4. The buyer will have to excert their right of withdrawal by sending any explicit declaration containing their decision to withdraw from the contact or alternatively transmit the withdrawal form template presented in Annex I, part B, D.Lgs 21/2014 non mandatory. *italian law
5. The goods can then be returned to any retailer on the italian territory, as explained on our web page, as well as shipped to:
Via di Cappello 44, 50023 Impruneta (FI)
6. The goods must be returned whole, in the original package, complete of all parts and the attached fiscal documentation. Without prejudice to the possibility to verify the compliance of what before mentioned, the website will proceed to refund the amount of the cost of the products subjected to withdrawal within a maximum deadline of 20 days, including shipping costs.
7. As stated in art. 56 comma 3 of D.Lgs 206/2005, edited by D.lgs 21/2014 *italian law, the website can withhold the refund until delivery of the goods or until the proven demonstration by the buyer of having shipped back the goods.
8. The right of withdrawal will not be appliable in case the services and products of fattoriatriboli.it are included in the categories as seen by art. 59 of D.Lgs 206/2005 *italian law.
9. The website will make the refund by using the same payment method chosen by the buyer at the moment of purchase. In case of payment performed via bank transfer, and in case the buyer means to excert thei right of withdrawal, the buyer will have to provide their own bank coordinates: IBAN, SWIFT and BIC required for the processing of the refund.
Article 12 - Data treatment
1. By using the website the user authorizes the treatment of their personal data. The present informative is also valid to the purposes of article 13 of EU regulation n. 2016/679, relating to the protection of physical persons with regards to the treatment of personal data as well as the free movement of data.
2. The Owner of the treatment is Luigi Viscardi.
3. The Controller of the treatment, as nominated by the Owner, is Mara De Lucia.
4. Data will be processed at Via di Cappello 44, Impruneta (FI).
5. Data treatment happens in an exclusively electronic form, through tools and computer supports apt to ensure the safety and confidentiality of said data. The information stored is protected from unauthorized access.
6. The treatment of the data provided by the users concerns purchase orders, payments (that may contain name, address, contact details), IP address, all other data transmitted.
7. The purpose of the use of said data is the execution of the purchase order and payments, the transmission of said data to third party providers of payment services and shipping services as well as contacts of an informative nature regarding the activities and services of the website, commercial offers from affiliated companies and commercial partners.
8. The provision of data and consent to the treatment for the purposes stated in the purpose of the contract that is the fulfillment of the order and the related payment is required to fulfill or terminate the contract therefore refusal to provide said data or give consent to the related treatment results in the impossibility for the user to purchase the offered products and services.
9. The provision of data and consent to the treatment for the purpose of commercial communications is elective. However a potential refusal to provide these data or to give consent to the related treatment may result in the impossibility for the user to receive said services.
10. The user always has the right to have their data updated, rectified or integrated, cancelled, transformed in an anonymous form or blocked in violation of laws, including those in which storage is not necessary in relation to the purposes by which they were gathered or successively treated, the certification that the operations have been acknowledged, also for what concerns their content, by those to whom the data were transmitted, except the case in which this task is revealed to be impossible or involves the deployment of resources blatantly misproportionate in regards to the safeguarded right.
11. The user has the right to oppose, completely or partially, the treatment of the personal data concerning them for legitimate reasons, even if pertaining the purpose of the gathering and treatment of personal data regarding them to the purpose of advertising promotional material or direct sale or for the fulfillment of market or commercial communication research.
12. The user can furthermore revoke the consent to the treatment of their personal data, previously given to fattoriatriboli.it, at any time.
13. All rights stated by the EU regulation 2016/679 can be excerted by the user by writing an email to the address: info@fattoriatriboli.it
14. On their first visit the user will be invited to select their own language and will be offered the possibility to save their language preference. To this purpose, the user authorizes the use of the so called "cookies" identification codes, i.e. small files sent by their own interenet server and registered on the user's computer's hard disk.
15. The hard disk gathers information over the language preference of the user and memorizes the visited web pages. Cookies are used with the purpose of avoiding the user receiving the same information repeatedly or in a wrong language, and to adapt the content and presentation of the website to the user's browser.
Article 13 - Safeguard Clause
1.In the event that one of the clauses of the present General Sale Conditions becomes null for whichever reason, this will not, in any case, impair the validity and respect of all other provisions present in these General Sale Conditions.
Article 14 - Contacts
1. Any information request can be submitted via email to the following address info@fattoriatriboli.it, via phone call to the following number: +39 3292233610, and via mail to:
Via di Cappello 44, 50023 Impruneta (FI), Italy.
Article 15 - Appliable law and place of jurisdiction
1. The present General Sale Conditions are disciplined by italian law and interpreted according to it, except for any other imperative regulation prevailing in the current state of residence of the buyer. Consequentially the interpretation, execution and resolution of the General Sale Conditions are subjected exclusively to Italian law.
2. Potential controversies concerning and/or consequential to them must be resolved exclusively by the Italian jurisdictional authority. Specifically, in case the buyer acts as a Consumer, the potential controversies must be resolved by the Court of Law in the place where the customer is domiciled or resident according to the appliable law.
The present conditions have been written on the date of 31/08/2020.