General conditions of Sale
1 – General
The following terms and conditions of use and sale govern access to the website www.terrealtepicene.it, as well as the use of the services and functionalities offered on it, and it is necessary to read and be aware of them.
The website www.terrealtepicene.it is owned by Terre Alte Picene di Caucci Franco – P.Iva 004170444 – frazione Croce di Casale n. 38 – 63087 – Comunanza (AP), hereinafter referred to as “Company”.
For assistance and other general information on services provided by the website www.terrealtepicene.it, you can contact the Company at the addresses and contact details indicated in the appropriate section of this website.
2 – Definitions:
General terms and conditions of use and sale: these terms and conditions of use and sale are intended as follows
E-commerce/Internet site: we mean the web platform www.terrealtepicene.it through which the service is offered
Product(s): food products branded Terre Alte Picene
User/Customer: any person intended as the end user of the product
Service: online sale of food products branded Terre Alte Picene
3 – Changes to these general conditions of use and sale
The company may supplement, update or modify these general conditions at any time, subject to adequate notice to users, with notification on the Home Page of the site or by other suitable means.
Any new conditions will be binding as soon as they are published on the website www.terrealtepicene.it.
The company invites users to regularly access the site in order to check the publication of the most recent and updated General Conditions of Use and Sale.
4 – Responsibility
The user/customer using the website www.terrealtepicene.it, expresses his or her consent to these conditions of use and sale.
The user/customer is solely and exclusively responsible for the incongruous and illegal use of this site and its contents. The company cannot be held responsible for any use of the website that does not comply with current regulations.
The consumer declares that he or she is of legal age and possesses the necessary legal capacity to sign a contract with legal force between the parties and that the information provided at the time of placing the order is true, up to date, accurate and sufficient to process the order.
The company cannot be held responsible for any content added by each of its users, without prejudice to its liability for willful misconduct or gross negligence duly proven.
In particular, the user is solely responsible for the communication of information and data that is incorrect, false or relating to third parties, without their consent, as well as for the incorrect use of the same
Any liability for any damage to computers and networks or loss of data resulting from downloading or retrieving the contents of the www.terrealtepicene website. it, falls on the user and cannot in any way be attributed to the company that owns the site, which disclaims any liability for damages resulting from inaccessibility to services on the site or any damage caused by viruses, damaged files, errors, omissions, service interruptions, deletion of content, problems related to the network, providers or telephone and / or computer connections, unauthorized access, alteration of other data, the failure and / or malfunction of electronic equipment of the user itself
The user is responsible for the safekeeping and proper use of his or her personal information, including the credentials that allow access to confidential services, as well as any harmful consequences or harm that may be caused to the Company, or to third parties as a result of incorrect use, loss, theft or misuse of such information.
The company reserves the right to suspend or block an account if these general conditions of use and sale are not complied with.
In the event of violations of national legislation and/or these general conditions, the Company reserves the right to terminate the contract by means of ordinary e-mail, pec, registered letter with return receipt and to block the account.
The company shall not be liable for damages, losses and costs incurred by the purchaser as a result of the non-performance of the contract for reasons not attributable to it, the purchaser being entitled only to a full refund of the price paid and any ancillary charges incurred.
The company does not assume any responsibility for any fraudulent and/or illegal use that may be made by third parties of credit cards and other means of payment, when paying for the products purchased, since as of now it declares that it undertakes to take all possible precautions based on the ordinary diligence of the operator in the sector and the best science and experience of the moment.
In no case can the buyer be held responsible for delay or misunderstandings in payment if he proves to have made the payment in the time and manner indicated by the Company.
In the event of contributory negligence on the part of the injured party and/or the purchaser, compensation shall be assessed in accordance with the provisions of Article 1227 of the Italian Civil Code. The compensation is not due when the injured party and/or the purchaser has been aware of the defect of the product and the danger resulting from it and has nevertheless voluntarily exposed himself/herself to it.
6 – Intellectual property rights and ways of using content
The contents of the site (by way of example only: the works, images, photographs, drawings, figures, logos and other distinctive signs, dialogues, music, sounds, videos, documents and any other material, in any format, published on the site, including menus, web pages, graphics, colours, schemes, tools, design characters of the website, diagrams, layout, methods, processes, databases, functions and software), are protected by copyright and any other intellectual right, according to the applicable law
The Company has the exclusive right to authorize or prohibit the reproduction, direct or indirect, temporary or permanent, in any way or form, in whole or in part of the site and its contents
Unauthorized reproduction and dissemination, in whole or in part in any form of www.terrealtepicene.it, of its contents of any kind and nature is prohibited, except with the written consent of the Company. The user is only authorized to view the contents of the website and to perform all other temporary acts of reproduction, without economic significance of his own, which are considered transient and accessory, or an integral and essential part of the same display of the website and its contents and all other navigation operations on the website, which are performed only for a legitimate use of www.terrealtepicene.it and its contents
The user is not authorized to make any reproduction, on any medium, in whole or in part, of www.terrealtepicene.it and its contents.
7 – Trademarks and domain names
All trademarks and distinctive signs displayed on www.terrealtepicene.it are the property of the Company and other possible owners and are used within the site only for the purpose of distinguishing, describing and advertising the products and services.
The user is not authorized to use these trademarks in any way, even for purposes unrelated to those pursued through the website.
Any unauthorized use of these trademarks will have serious legal consequences.
8 – Conclusion of the contract
The orders placed by the Consumer are intended as a proposal sent to the Company for the purchase of the products chosen on the basis of these general conditions of use and sale. The contract will be considered concluded only when the proposal is accepted by the Company through a feedback/acceptance email.
For professionals, orders are expressly declared irrevocable during the entire delivery period and, in any case, for 30 days from the date of the order.
The receipt of the order does not bind the Company, until the same has fulfilled the order by written communication or by conclusive behaviour, i.e. with the shipment of the goods.
Depending on availability, the Company has the right to accept, even partially, or refuse the order received. In this case, the contract shall be deemed to have been concluded only with regard to the confirmed goods.
The Company will keep copies of orders received and acceptances sent for a reasonable period of time, in compliance with applicable law.
The aforesaid documentation will be kept on the Company’s data server and will be accessible to personnel who need to consult it in relation to their duties, for the correct execution of the contractual conditions.
The documentation will also be accessible to third parties for the sole purpose of the execution of the conditions, in addition to those entitled to access under applicable law, in compliance with the rules to protect the Privacy
9 – Shipping costs
Any shipping costs are borne by the user/customer, regardless of whether they are final consumers or professionals. The total amount of shipping costs will be communicated to the user before the order confirmation.
Shipping costs refer to weight, space, delivery destination and/or any other services required (insurance, delivery times, change of destination address, etc.).
10 – Prices and availability
Any price or quotation of the products may be revoked or modified, according to market fluctuations, before the acceptance of the consumer’s order.
In case of discrepancies, the price indicated in the acceptance email will prevail. The Company shall have the right, prior to acceptance, to withdraw any discounts and/or change prices in order to take account of cost increases included (for example: the costs of raw materials, product at sale, transport, increases in tax charges, imposition of any tax, duty or other tax, as well as any change in exchange rates). Upon the occurrence of such circumstances, the Company will promptly inform the Consumer by sending an email, to give the possibility to withdraw the order proposal
Before acceptance, the Company also reserves the right to communicate any errors contained in the product data sheet relating to the price indicated. In this case the Consumer will be given the right to confirm the order proposal or to cancel it.
If the Consumer decides to follow up the order, he or she accepts that the product will be supplied on the basis of changes to the description or price.
While we make every effort to ensure that the products on the site are always available, the Company does not guarantee that they are available at the time of receipt of the individual order. In this case, the consumer will be asked to send an e-mail not to accept the order and will be refunded the amount paid in advance for the product chosen and ordered, in accordance with applicable law, and in the manner provided or by bank transfer or credit to the credit card used for the purchase.
11 – Methods of payment
Any payment for the goods and services purchased by the purchaser may only be made using the methods indicated on the relevant page of the website at the time of purchase.
The use of certain payment methods may result in possible additional charges and expenses that will in any case be indicated before the submission and purchase order.
For reasons of correctness and transparency, it is specified that the payment of the goods or services by bank transfer will result in a credit of the amount with a one-two-day delay compared to the date of execution of the operation, as there are technical times for debiting and crediting currency; therefore the Company will process the order only after the credit has been made.
12 – Product delivery
The order will be delivered, at the address indicated, in the manner provided for in these general terms and conditions.
In case of credit card payment, the delivery must take place at the card holder’s domicile from the card
The purchased goods will be delivered within the terms provided by Legislative Decree 206/2005 (30 days). No responsibility can be attributed to the Company, for delayed or non-delivery, due to force majeure or fortuitous events or to the responsibility of the carrier. The user/customer may choose another carrier, it being understood that the transport will take place at his own risk, care and expense.
Upon receipt, the user is required to verify the conformity of the product delivered to him/her with the order placed. Only after this verification, and without prejudice to the right of withdrawal, the user must sign the delivery documents.
Acceptance without reservation extinguishes all liability of the Company, in relation to any defects.
The Company recommends to carry out an accurate verification of the conformity and integrity of the product, taking into account any type of anomaly that the same may present, at the time of delivery
Should the product be damaged, adulterated or modified in its organoleptic composition, the Company invites the customer not to take or ingest the product itself and to immediately report the damage to the Company to the contacts indicated in the appropriate section of the website.
In case of defect, adulteration or other damage affecting the product, to be reported within and no later than 10 days of their discovery, the company is obliged to return the price of the product, after verification of the same
To this end, the user must return the defective product at his own expense, without tampering with it, adulterating it, replacing it and without dispersing the contents, in order to allow the Company to carry out all the necessary checks. If the checks are positive, the Company undertakes to guarantee the return of the price of the product (including shipping costs), which is actually found to be defective or, alternatively, to guarantee the replacement of the product.
The Company is not responsible for damage caused by the use of an adulterated or damaged product in its organoleptic composition, as a result of lack of verification by the user/customer.
If the end user consumer refuses to receive or is unable to receive delivery of the product, in accordance with the provisions of these general conditions of sale, all risks associated with the loss or damage to the products will be borne by him/her in any case.
In that case, the company may:
request immediate and full payment for the products and make delivery by any means deemed appropriate, or deposit the products at the customer’s complete risk and expense;
in any case, ask for the payment of all costs of storage and storage of the products and any other expenses incurred due to refusal or inability to receive delivery;
cancel the order and dispose of the products, without prejudice to your right to compensation for damages caused by you, in addition to the risks and expenses mentioned above
The professional user will not have the right to refuse the products, in whole or in part, and will have to proceed with the payment in full.
When the delivery of the products takes place in a distributed manner, each batch of products shall be considered as referable to a separate and distinct contract; any defect found in one or more batches shall not entitle the customer to terminate the entire order or contract or to cancel the orders relating to each subsequent batch.
13 – Recess
Pursuant to Legislative Decree 206/2005, the consumer, who for any reason is not satisfied with the purchase made, has the right to withdraw from the contract without penalty and without specifying the reason, within 14 days of receipt of the product, by sending a registered letter with return receipt to Terre Alte Picene di Caucci Franco, Croce di Casale n. 38 – 63087 – Comunanza (AP), Italy.
In case of purchase of more than one unit, the Company guarantees the consumer the right of withdrawal and return, even if he has already opened and consumed a single unit. In this case, since the product is perishable and not storable, the withdrawal will be valid only for the units remained intact, for which, once returned, the customer will be refunded the price paid.
To this end, the user must return the product at his own expense, without tampering with it, adulterating it, replacing it and without dispersing the contents. Once the product has been received, the Company undertakes to guarantee the return of the price of the product (including shipping costs) or, alternatively, to guarantee the replacement of the product.
In any case, the deadline for return is 10 days from the exercise of the right of withdrawal.
In order to exercise the right of withdrawal, the product must be returned intact (i.e. not opened, tampered with, adulterated).
The company will accept the returned goods, reserving the right to contest the integrity of the product; within 30 days from the communication of exercise of the right of withdrawal, the Company will return the sums paid for the purchase of the product
The right of withdrawal is excluded in the following cases:
for products packaged “made to measure” or at the specific request of the customer or, due to their nature, can not be returned;
for fresh food products or which by their nature are subject to deterioration in the short term;
for products returned not intact, open, tampered with and adulterated through the fault attributable to the customer
14 – Content warnings
The Company has adopted all measures to prevent the publication, on the terrealtepicene.it website, of content that represents or describes scenes or situations of physical and psychological violence or such that, according to the sensitivity of users, may be considered harmful to civil conventions of human rights and dignity of persons, in all its forms and expressions.
The Company undertakes to ensure that the contents of the platform do not contain any incorrect information or indications. However, the Company does not assume any liability for the accuracy and completeness of the contents, without prejudice to its liability for wilful intent or gross negligence and unless otherwise provided by law.
The Company does not guarantee that the website will operate with absolute continuity, without interruptions and in the absence of errors and malfunctions due to the connection.
For any problems encountered in the use of the website www.terrealtepicene.it, please contact our customer service through the email email@example.com.
Although the Company will make every effort to ensure continuous access to its website, the dynamic nature of the Internet and its content may not allow it to operate without suspensions, interruptions or discontinuity due to the need to update the website.
15 – Applicable law
These general conditions of use are governed by Italian law.
In the event of disputes relating to the interpretation of this document, the Consumer’s Court shall have jurisdiction pursuant to Legislative Decree 206/2005. For all others (foreigners and not consumers) it is agreed that any dispute, even in derogation of the rules on territorial jurisdiction, will be the exclusive jurisdiction of the Court of Ascoli Piceno – District Court of Appeal of Ancona.
Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, by using the services and functionalities offered on this site, the user/customer specifically approves the following clauses: