GENERAL TERMS AND CONDITION
Owner of the website GIASIRA (hereafter also called Supplier) is:
Azienda Agricola Giovanni Boroli
C.da Ritillini snc – 96019 Rosolini (SR)
VAT nr. 02016700037
Client: the entity identified through the registration and acceptance data of these general conditions (hereinafter Customer or User).
Terms of Sale
The general conditions of sale can be updated or modified at any time by GIASIRA, giving notice through the pages of the website.
All sales prices of the products are “VAT included” and in Euro (EUR). Shipping costs are excluded and charged to the Customer. These costs are calculated at the time of completion of the order.
The validity of the prices is indicated by the procedure for issuing the order forwarding to the Supplier.
The invoice that will be sent with the goods. The Supplier is not responsible for taxes imposed by other countries.
The Order Processing Receipt does not constitute acceptance of the order. The contract is concluded when the Supplier sends the Order Confirmation to the e-mail address of the Customer, unless payment is successful.
In case an ordered product is sold out, the Supplier may propose to the Customer to modify the order made or may decide to waive the sale, refunding the Customer the fee paid.
We accept payments via Paypal and bank transfer. GIASIRA uses other payment processing tools and does not in contact the payment data provided by the Customer.
Any costs of handling payments not accepted will be charged to the Customer.
In case of payment by bank transfer, the Supplier reserves the right to process the order only after confirmation of crediting. Therefore, the delivery time of the order, paid by bank transfer, may slip compared to those provided by payment via Paypal.
Deliveries are made by courier during normal business hours, at the address indicated by the Customer.
Upon delivery, the Customer must verify the integrity of the package and the correspondence of the products contained in it with what is indicated in the order.
The Customer must promptly communicate any problems encountered in the delivery of products (breakages, discrepancies with respect to the order, etc.) via e-mail to the address email@example.com
In the event that a delivered product is different than the one ordered, the Customer has the right to obtain the replacement of the product, on the condition of he sends an email, with clear indication of the problem, within five days, starting from the receipt of the product itself.
The Supplier will then replace the product, only after obtaining the return and verified the condition of the different product.
The products must be returned to GIASIRA intact and in the same condition in which they were received, with the original packaging. In this case, the shipping costs to the Customer will be borne by the Supplier.
In case of receipt of parcels evidently damaged, the Customer has the right to accept only those intact and send back to the sender those damaged. Shipping costs to the sender will be borne by the Supplier.
In case of sold out of damaged products, the Supplier will propose alternative products or the return of the fee paid.
Right of cancellation
Pursuant to art. 64 of Legislative Decree no. 205/06 the Customer who, for any reason not satisfied with the purchase, has the right to withdraw from the contract, without any penalty and without specifying the reason, within the period of 10 working days, from the day of receipt of the purchased products, by sending, within this period, of written notice of withdrawal with one of the following methods:
Registered letter A/R addressed to:
GIASIRA – Azienda Agricola Giovanni Boroli
C.da Ritillini snc – 96019 Rosolini (SR)
Or e-mail to: firstname.lastname@example.org
If the Customer has exercised the right of withdrawal, must return the products no later than the fifteenth day following their receipt, by direct return and shipment, forwarding the product to GIASIRA to the address above.
All costs of returning the products are borne by the Customer.
All items must be returned and received intact and in the same condition in which they were received, with the original packaging.
In the event that all the conditions and obligations of the Customer laid down in the previous points have been met, the Supplier will send an e-mail confirming acceptance of the return.
In addition, the Supplier will refund the sale price with the same payment method chosen by the Customer, within 14 working days from receipt of the goods.
This refund does not include shipping costs, in accordance with Article 5 of Legislative Decree no. 185 of 22/05/1999.
Guarantees given by the Customer
The Customer guarantees, assuming all responsibility and keeping the Supplier harmless from any injurious consequences, that his data, provided at the time of acceptance of these general conditions, are truthful and allow us to identify the true identity of the Customer.
The Customer also undertakes to inform the Supplier immediately, by e-mail, of any change in the data provided.
The Customer is also informed of the need to communicate to the Supplier a valid e-mail address in order to allow the Supplier the forwarding of order confirmations and any communication.
The obligations assumed by the Customer, as well as the guarantee of the successful payment made by the Customer, are essential, so the breach by the Customer of only one of these obligations will result in the termination of the contract, pursuant to art. 1456 of the Italian Civil Code, without the need for a judicial decision, although the Supplier has a right to claim additional damages.
The Supplier declines all liability for malfunctions, interruptions of services, degradation of performance due to force majeure or unforeseeable circumstances, if they are not directly attributable to the Supplier, for his intent or gross negligence.
The Supplier assumes no liability for disruptions attributable to force majeure such as, but not limited to, accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that prevented, in whole or in part, to execute within the time agreed by the contract.
The Supplier shall not be liable to any party or to any third party for damages, losses and costs incurred as a result of failure to perform the contract for the reasons mentioned above; the Customer being entitled only to the refund of the price paid.
The Supplier is not responsible for any fraudulent and unlawful use that may be made by third parties of credit cards or other kind of payment, upon payment of the products purchased.
The Supplier at no time in the purchase procedure is able to know the credit card details of the Customer, who will transmit them directly to the payment service manager without intermediation and to which it will be connected automatically, being part of the Supplier’s website at the end of the procedure.
Validity of the communication
The Customer accepts that the notification and communications concerning all on-line services (including those related to purchase orders) are made by the Supplier in electronic mail (e-mail) and via Web service; the Customer recognizes the full validity and expressly waives from now on to deny the content of the declarations sent and/ or received in electronic format.
In general, as far as is not expressly written, the law applies to distance contracts. Any dispute is subject to Italian jurisdiction.