The Buyer expressly declares that the purchase is being made for purposes unrelated to the Buyer’s business or professional activity.
Supplier Identification.
The products covered by these terms and conditions are offered for sale by Agrisicilia, a brand owned by Agrisicilia S.p.A. C.da Vignale, 7 – 95032 Belpasso (CT) – Italy 95032, registered with the Chamber of Commerce of Catania under the number REA CT – 417117 of the Register of Companies, VAT number IT0563786087, hereinafter referred to as “supplier”.
Art. 1
Definitions
1.1. The term “online sales contract” refers to the contract of sale of tangible goods of the Supplier, concluded between the Supplier and the Buyer within the framework of a distance selling system using telematic tools, organized by the Supplier.
1.2. The term “Buyer” refers to the consumer natural person who makes the purchase referred to in this contract for purposes not related to the business or professional activity carried out.
1.3. “Supplier” refers to the person named in the epigraph or the person who provides information services.
Art. 2
Subject matter of the contract
2.1. By this contract, respectively, the Supplier sells and the Buyer purchases at a distance the tangible movable goods indicated and offered for sale on https://shop.agrisicilia.eu through telematic means.
2.2. The products mentioned in the previous point are illustrated on the web page: https://shop.agrisicilia.eu
Art. 3
How to enter into the contract
3.1. The contract between the supplier and the purchaser is concluded exclusively through the Internet network by means of the purchaser’s access to the address https://shop.agrisicilia.eu where, following the indicated procedures, the purchaser will come to formalize the proposal to purchase the good and the contract of sale.
Art. 4
Conclusion and effectiveness of the contract
4.1. The purchase contract is concluded by the exact completion of the application form and the consent to the purchase manifested by the adhesion sent online or by the completion of the form/form attached to the electronic online catalog and the subsequent sending of the form/form itself, always after consulting a web page summarizing the order printable, which contains the data of the customer and the order, the price of the goods purchased, shipping costs and any additional ancillary costs, terms and conditions of payment, the address where the goods will be delivered, delivery times and the existence of the right of withdrawal.
4.2. When the Supplier receives the Buyer’s order, it sends a confirmation e-mail or displays a printable order confirmation and a summary web page, which also contains the data referred to in the previous paragraph.
4.3. The contract shall not be considered perfect and effective between the parties if the above is not present.
Art. 5
Method of payment and reimbursement
5.1. Any payment by the Buyer may be made only by one of the methods indicated by the Supplier on the relevant web page.
5.2. Any reimbursement to the Buyer will be credited by one of the methods offered by the Supplier and chosen by the Buyer, within the terms and, in the event of the exercise of the right of withdrawal, as governed by Art. 13, points 2 et seq. of this contract, within 30 days from the date on which the Supplier became aware of the withdrawal.
5.3. All communications regarding payments shall take place on a specific line of the Supplier protected by an encryption system. The Supplier guarantees the storage of such information with an additional level of cryptographic security and in compliance with the provisions of the current legislation on the protection of personal data.
Art. 6
Time and mode of delivery
6.1. The Supplier will deliver the products selected and ordered in the manner chosen by the Buyer or indicated on the website when offering the goods, as confirmed in the e-mail referred to in Art.
6.2. The delivery time is a maximum of 5 working days from the confirmation of the same. In the event that the Supplier is unable to make delivery within this timeframe, but in any case within the timeframe indicated in the next point, the Buyer will be informed as soon as possible by e-mail.
6.3. Shipping methods, times and costs are clearly indicated and clearly visible on the website https://shop.agrisicilia.eu/termini-e-condizioni/.
Art. 7
Awards
7.1. All sales prices of the products presented and indicated on the website https://shop.agrisicilia.eu are expressed in euros and constitute an offer to the public pursuant to Article 1336 of the Civil Code.
7.2. The sale prices, referred to in the previous point, are inclusive of VAT and any other taxes. Shipping costs and any additional costs (e.g. customs clearance), even if not included in the purchase price, must be indicated and calculated in the purchase procedure before the buyer places the order and also contained in the summary web page of the order placed.
7.3. The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalog.
Art. 8
Availability of the products
8.1. The Supplier shall ensure the processing and execution of orders without delay through the electronic system used. To this end, it will indicate in real time in its electronic catalog the number of available and unavailable products, as well as the delivery time.
8.2. If an order exceeds the quantity available in stock, the Supplier will notify the Buyer by e-mail if the goods are no longer available or what the waiting time is for the chosen goods, asking the Buyer whether or not he/she wishes to confirm the order.
8.3. The Supplier’s computer system shall confirm the successful registration of the order in the shortest possible time by sending the User a confirmation by e-mail, in accordance with clause 4.2.
Art. 9
Limitation of Liability.
9.1. The Supplier shall not be liable for inefficiency due to force majeure in the event that it fails to execute the order within the time limit stipulated in the contract.
9.2. The Supplier shall not be liable to the Buyer, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet beyond its control or that of its subcontractors.
9.3. In addition, the Supplier shall not be liable for any damages, losses or costs suffered by the Purchaser as a result of the non-performance of the contract for causes not attributable to the Supplier, the Purchaser being entitled only to a full refund of the price paid and any additional costs incurred.
9.4. The Supplier shall not be liable for any fraudulent and illegal use that may be made by third parties of bank cards, checks and other means of payment for payment of the purchased products, if it proves that it has taken all possible precautions on the basis of the best science and experience at the time and on the basis of ordinary diligence.
9.5. Under no circumstances shall the Purchaser be held liable for late or incorrect payment if he proves that he has made payment in the time and manner specified by the Supplier.
Art. 10.
Liability for defects, proof of damage and compensable damage: the Supplier’s obligations
10.1. Pursuant to Art. 114 and Art. of the Consumer Code, the Supplier is liable for damages caused by defects in the goods sold if he fails to inform the injured party, within the period of 3 months from the request, of the identity and domicile of the manufacturer or the person who supplied him with the goods.
10.2. The above request by the damaged party must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain an offer to view the product, if it still exists.
10.3. The Supplier cannot be held liable for the consequences resulting from a defective product if the defect is due to the conformity of the product, to a mandatory legal norm or provision, or if the state of scientific and technical knowledge at the time when the manufacturer put the product into circulation did not yet allow it to be considered defective.
10.4. Compensation is not due if the injured party was aware of the defect in the product and the danger arising therefrom and yet voluntarily exposed himself to it.
10.5. In all cases, the injured party must prove the defect, the damage, and the causal link between the defect and the damage.
10.6 The injured party may seek compensation for damages caused by death or bodily injury or destruction or deterioration of anything other than the defective product, provided that it is of a type normally intended for private use or consumption and thus primarily used by the injured party.
10.7 However, the material damage referred to in Article 123 of the Consumer Code shall be reimbursable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (€387).
Article 11
Guarantees and conditions of assistance
11.1. The Supplier shall be liable for any lack of conformity that occurs within 2 years after delivery of the goods.
11.2. For the purposes of this contract, consumer goods shall be presumed to be in conformity with the contract if, where applicable, the following circumstances coexist (a) they are fit for the use for which they are normally intended and of the same type; (b) they conform to the description made by the seller and possess the qualities of the goods that the seller has presented to the consumer as a sample or model; (c) have the quality and performance normal for goods of the same type and which the consumer may reasonably expect, taking into account the nature of the goods and, where applicable, public statements on the specific characteristics of the goods made in this regard by the seller, the manufacturer or its agent or representative, particularly in advertising or on labeling (d) are also suitable for the particular use envisaged by the Consumer and made known to the Seller by the latter at the time of the conclusion of the contract and which the Seller has accepted as a matter of fact.
11.3. The Buyer forfeits all rights if he fails to report the lack of conformity to the Seller within 2 months after the discovery of the defect. Reporting is not necessary if the Seller has acknowledged the existence of the defect or concealed it.
11.4 11.4 In all cases, unless proven otherwise, it shall be presumed that the lack of conformity which has become apparent within 6 months after delivery of the goods already existed at that time, unless such presumption is inconsistent with the nature of the goods or the nature of the lack of conformity.
11.5 In the event of a lack of conformity, the Purchaser may request, alternatively and free of charge, under the conditions set out below, the repair or replacement of the purchased good, a reduction in the purchase price or the termination of this contract, unless the request is objectively impossible to meet or is excessively burdensome for the supplier pursuant to Article 130, paragraph 4, of the Consumer Code.
11.6 The request must be sent in writing, by registered letter with return receipt, to the Supplier, which will indicate its willingness to fulfill the request, or the reasons preventing it from doing so, within 7 working days of receipt.
In the same communication, when the Supplier has accepted the Purchaser’s request, it shall indicate how the goods are to be shipped or returned and the deadline for the return or replacement of the defective goods.
11.7 If the repair and replacement is impossible or excessively burdensome, or the Supplier has failed to repair or replace the goods within the period referred to in the preceding paragraph, or, finally, the replacement or repair previously carried out has caused significant inconvenience to the Purchaser, the Purchaser may, at its discretion, request an appropriate price reduction or termination of the contract.
Contract. In such case, the Buyer shall send its request to the Supplier, which shall indicate its willingness to proceed, or the reasons preventing it from doing so, within 7 business days of receipt.
11.8. In the same communication, when the Supplier has accepted the Purchaser’s request, it shall indicate the proposed price reduction or the manner of returning the defective goods. In such cases, it will be the Buyer’s responsibility to indicate how the amounts previously paid to the Supplier will be credited back.
Art. 12
Obligations of the purchaser
12.1. The Buyer agrees to pay the price of the purchased goods at the time and in the manner specified in the contract.
12.2. Upon completion of the online purchase procedure, the Buyer agrees to print and keep this contract.
12.3. However, the information contained in this contract has already been consulted and accepted by the Buyer, who acknowledges this, and this step is mandatory before confirming the purchase.
Article 13.
Right of withdrawal
13.1. In any case, the Buyer has the right to withdraw from the concluded contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) working days, starting from the day of receipt of the purchased goods.
13.2 If the trader fails to comply with the obligations to inform about the existence, conditions and terms for the return or withdrawal of the goods in case of exercising the right of withdrawal under Article 52 of the Consumer Code, the period for exercising the right of withdrawal is 12 (twelve) months from the end of the initial withdrawal period and starts from the day on which the Consumer receives the goods.
13.3. If the Buyer decides to exercise the right of withdrawal, he must inform the Seller by registered letter with return receipt.
Agrisicilia S.p.A. – C.da Vignale, 7-95032 Belpasso (CT) – Italy
or by fax to 095 8880101 or by e-mail to shop@agrisicilia.eu, provided that such communications are confirmed by sending a registered letter with return receipt to the address of Agrisicilia S.p.A. – C.da Vignale, 7 – 95032 Belpasso (CT) – Italy within 48 (forty-eight) hours. The postmark of the receipt issued will be authentic between the Parties. For the purposes of exercising the right of withdrawal, the sending of the communication may be validly replaced by the return of the purchased goods, provided that they are in the same condition. The date of delivery to the post office or forwarding agent will be valid between the Parties.
13.4. In any event, the return of the goods must be made no later than 30 (thirty) days from the date of receipt of the goods. In any event, to be entitled to a full refund of the price paid, the goods must be returned undamaged and, in any event, in normal condition.
13.5. The Buyer may not exercise this right of withdrawal for contracts for the purchase of sealed audiovisual products or computer software that have been opened by the Buyer, as well as for customized or clearly customizable products or products that, by their nature, cannot be returned. or risk of deterioration or rapid expiration, the supply of newspapers, periodicals and magazines, as well as goods whose price is linked to fluctuations in financial market rates that the professional is unable to control, and in any other case provided for in Article 55 of the Consumer Code
13.6 The only costs to be borne by the Consumer for exercising the right of withdrawal under this Article shall be the direct costs of returning the goods to the Supplier, unless the Supplier agrees to pay them.
13.7 The Supplier shall refund the full amount paid by the Purchaser free of charge within 30 (thirty) days of receipt of the notice of withdrawal.
13.8. With the receipt of the notice by which the Purchaser communicates the exercise of the right of withdrawal, the Parties to this contract are dissolved from their mutual obligations, without prejudice to the provisions of the previous points of this article.
Art. 14
Causes of termination
14.1. The obligations referred to in item 12.1, assumed by the Purchaser, as well as the guarantee of the proper execution of the payment that the Purchaser makes by the means referred to in item 5. 1, as well as the exact fulfillment of the obligations assumed by the Supplier in item 6, have an essential character, so that, by express agreement, the non-fulfillment of any of these obligations, where not determined by fortuitous event or force majeure, will determine the legal termination of the contract pursuant to art. 1456 c.c, without the need for judicial pronouncement.
Art. 15
Protection of privacy and processing of buyer’s data
15.1. The supplier 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 No. 196 of June 30, 2003.
15.2. The personal and fiscal data acquired directly and/or through third parties by the supplier Agrisicilia SpA, the data controller, are collected and processed in paper, computer and telematic form, in relation to the methods of processing with the purpose of registering the order and activating in its regard the procedures for the execution of this contract and the necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow an effective management of business relationships to the extent necessary for the best execution of the service requested (art. 24, paragraph 1, letter b, Legislative Decree 196/2003).
15.3 The Supplier undertakes to treat the data and information provided by the Purchaser as confidential and not to disclose them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may be exposed only at the request of the judicial authority or other authorities authorized by law.
15.4. Personal data shall be disclosed, subject to the signing of a data confidentiality agreement, only to those persons delegated to carry out the activities necessary for the execution of the contract entered into and communicated exclusively for that purpose.
15.5. The Purchaser enjoys the rights under Article 7 of Legislative Decree 196/2003, namely the right to obtain
a) updating, rectification or, where appropriate, integration of data;
b) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including data that is not to be kept in relation to the purposes for which the data was collected or subsequently processed
c) certification to the effect that the operations as per letters a) and b) have been notified, as also related to their contents, to the entities to whom or which the data were communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort
depends on just protection. The data subject also has the right to object, in whole or in part: i) on legitimate grounds, to the processing of personal data concerning him/her, even if pertinent to the purpose of collection; ii) to the processing of personal data concerning him/her for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication.
15.6 The provision of personal data by the Buyer is a necessary condition for the proper and timely execution of this contract. Otherwise, the Buyer’s request cannot be processed.
15.7 In any case, the data acquired will be kept for a period of time not exceeding that necessary for the purposes for which it was collected or subsequently processed. However, it will be securely removed.
15.8. The owner of the collection and processing of personal data is the Supplier, to whom the Buyer may address any inquiries at the company’s headquarters.
15.9. Anything that is sent to the Company’s mailing address (including electronic) (requests, suggestions, ideas, information, documents, etc.) shall not be considered confidential information or data, shall not violate the rights of others, and shall contain valid information that does not affect the rights of others and is true; in no case shall the Company be held responsible for the content of such messages.
Art. 16
Method of archiving the contract
16.1 Pursuant to Article 12 of Legislative Decree 70/2003, the Supplier informs the Buyer that every order sent is stored in digital/paper form on the Supplier’s own server/site according to confidentiality and security criteria.
Art. 17
Communications and complaints
17.1. Written communications addressed to the Supplier and any complaints will be considered valid only if sent to the following address:
Agrisicilia S.p.A. – C.da Vignale, 7-95032 Belpasso (CT) – Italy
or sent by fax to 095 8880101 or sent by e-mail to the following address shop@agrisicilia.eu. In the registration form, the Buyer must indicate his domicile or residence, telephone number or e-mail address to which he wishes communications from the Supplier to be sent.
Article 18
Resolution of Disputes
18.1 All disputes arising from this contract shall be referred to the Catania Chamber of Commerce and resolved in accordance with the conciliation rules adopted by it.
18.2. If the parties intend to refer to the ordinary judicial authority, the competent court shall be that of the domicile or place of election of the consumer, mandatory under Article 33, paragraph 2, letter u) of Legislative Decree 206/2005.
Article 19.
Applicable law and referral
19.1. This contract is governed by Italian law.
19.2. For anything not expressly provided for in this contract, the provisions of law applicable to the relationships and cases provided for in this contract shall apply, in particular Article 5 of the Rome Convention of 1980.
19.3. Pursuant to Article 60 of Legislative Decree 206/2005, the regulations contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 are expressly referred to.
Article 20.
Final Clause.
This contract abrogates and replaces any agreement, understanding, negotiation, written or oral, previously entered into between the Parties and concerning the subject matter of this contract.
