1. introduction.
Trade relations between RUSTICHELLI FARM and its customers shall be governed exclusively by the following general conditions of sale. They exclude any other agreements, unless agreed in writing, signed by the customer and by our sales executives. These rules apply to all purchase orders, regardless of the mode of transmission.
2. definitions.
Under the terms indicated below, the following definitions shall have the meanings set forth below:
Client: Person who, in any capacity, send FARM RUSTICHELLI a purchase order for products sold through the site, and with which the contract is concluded in accordance with the provisions of the present general conditions of sale. In accordance with the provisions laid down in article 3 of Legislative Decree No. September 6, 2005 206e subsequent amendments and/or additions, customer shall be defined:
User: The term includes any internet user to access freely to the web address www.lambruscorustichelli.it either directly or by any other website. In accordance with the provisions laid down in article 3 of Legislative Decree No. 206 September 6, 2005, the user will be defined:
Contract: The distance sales contract, as described and regulated by Legislative Decree No. 185/99 and subsequent amendments and/or additions made between FARM RUSTICHELLI and composed of the present general conditions of sale.
SITE: The www.lambruscorustichelli.it website through which you made your sale of products marketed by AZIENDA AGRICOLA RUSTICHELLI
GENERAL CONDITIONS OF SALE: The clauses contained herein, which are an integral and essential part of the contract between the customer and RUSTICHELLI FARM atthe purchase of the service offered through the web site www.lambruscorustichelli.it
Service: Selling online through the website www.lambruscorustichelli.it and in accordance with the provisions of these general conditions of sale of goods and products.
3. Conclusion of the contract and acceptance of the General conditions of sale.
The contract must be concluded between RUSTICHELLI FARM and the customer with the acceptance, even if only partial, of the order by AZIENDA AGRICOLA RUSTICHELLI occurred in the manner specified in paragraph 6. The customer, whenever you place an order for the purchase of products through the website, you represent and confirm that you have carefully read all the instructions given during the purchase process and accept the General conditions of sale and payment set out in this document.
In compliance with art. 3 and 4 of legislative decree 185/99 and subsequent amendments and/or additions on distance selling the customer purchasing such consumer is required, once the purchase process, to print and/or save on durable support and choice, however, to keep this document containing the General conditions of sale. In no event will RUSTICHELLI FARM subject to claims or compensation by thethe consumer will also be free from any contractual or extra-contractual liability, directly or indirectly, for any direct or indirect damage to persons and/or things deriving from the lack of acceptance, even if only partial, of an order.
4. liability.
RUSTICHELLI FARM is not responsible for any damage or loss, direct and/or indirect, arising from the sale of goods and services offered in the catalogue published on the site www.lambruscorustichelli.it including delayed and/or non-delivery of the product, nor for the correspondence of the goods with the specifications published on the site, nor for any other event not directly attributable to AZIENDA AGRICOLA RUSTICHELLI.
5. accessibility to the site.
The website is accessible by anyone without restrictions. Any reserved areas are available for registered users who have received the access codes confidential. The username and password that allow you to connect to the site are personal and confidential. They can only be changed on customer's request. The customer is solely responsible for the use of personally identifiable information. The customer undertakes to keep secret and not to disclose it in any form. Any transaction using your user name and password of the customer shall be deemed made by the customer.
6. Orders.
Orders are accepted only in written form or via the internet. The client that sends orders via the internet will receive, at the end of the procedure, a notice of confirmation of receipt by e-mail indicating the number allotted to each order. In the event that after sending the order by the customer, do not receive a confirmation notice, rectify partial and/or total, after twenty-four hours during business hours, the proposal is deemed not accepted, for all legal purposes, although for accounting reasons or lack of product.
Confirming the order, the customer declares to accept unconditionally the terms of that order, as well as the entire terms and conditions of sale.
The customer acknowledges the validity and the probative force of trade recorded by AZIENDA AGRICOLA RUSTICHELLI and agrees that those documents have the same probative force of a writing signed by hand.
7. prices.
All prices listed on the sites, are prices including VAT (where not expressly indicated). The prices of the products are visible at all times on the website www.lambruscorustichelli.it minor Rates can be applied to specific agreements, or discount codes.
Prices and promotions can be freely edited by RAKAD FARM at any time, without notice.
8. Product availability.
In the list of products published on the website www.lambruscorustichelli.it are highlighted availability, updated on a regular basis, of products available. Because the access and the ability to submit orders, change product availability, RUSTICHELLI FARM does not guarantee the certainty of allocation of goods ordered, and reserves the right to postpone the delivery and/or partial or total order received.
9. Risk and property.
The goods are shipped free of charge to the invoice cost. Upon receipt of the goods, the customer must verify the integrity of packages and correspondence with the quantity and quality as indicated in the transport document (bubble, Ddt and/or Invoice). In case of discrepancy, the same should be reported on the same transport document, a copy of which must be issued to the carrier, and transmitted to the supplier or info@lambruscorustichelli.it a/r. Despite the packaging is intact, the shipment must be checked as soon as possible but no later than 7 (seven) days of receipt. Any anomalies not found during verificationupon receipt of unopened packaging, must be reported in writing by email info@lambruscorustichelli.it or registered letter a/r within 7 (seven) days of receipt. Any report made to AZIENDA AGRICOLA RUSTICHELLI spent that period, shall not be taken into account. For each statement, the customer assumes full responsibility for the statements. In the event that the goods were shipped with insured, behind customer's request, the risk and believed to be borne by the shipper from the delivery of goods to the carrier from its stores.
10. Payments.
The goods must be paid together with the order by credit card, PayPal or other means which may be agreed in writing between RUSTICHELLI FARM and the customer.
11. right to cancel orders.
You have 4 hours of your order payment in order to ask for the cancellation, without having to justify himself. Customers simply send an email to info@lambruscorustichelli.it stating your order number cancellation request object. After those 4 hours, RUSTICHELLI FARM has no obligation to accept a cancellation of the order.
The right of cancellation the customer is precluded in cases where thegoods have been expressly ordered by RUSTICHELLI FARM suppliers and do not accept them, in turn, the cancellation of the order.
12. Return of goods.
The return of the goods to the supplier, must be requested in writing, with an indication of the reasons for the request, citing the references of the invoice. The return of goods must be made subject to authorization and assignment of "number of return". The goods to be returned must be in perfect condition, in its original packaging and shipped carriage paid to our warehouse, citing the document, the indentation amount assigned.
13. complaints.
Any errors or omissions of material must be reported, in writing, in the manner and terms set out in point 8 "risk and property."
14. Disclaimer of warranties.
The purchase of equipment at AZIENDA AGRICOLA RUSTICHELLI implies acceptance of the conditions of guarantee provided by the manufacturer, which may be independent of the will of RUSTICHELLI FARM itself. The customer is therefore aware that the goods purchased will be guaranteed by the manufacturer and the conditions contained therein, and you agree, therefore, removed any reservation, all warranty performance modea manufacturer, including, without limitation, the subject also warranty handler other than FARM RUSTICHELLI.
In the presence of a defect of compliance, as required by the consumer code (articles 128 et seq.), the consumer is entitled, at its option, repair or replace the defective goods by RUSTICHELLI FARM. If repair or replacement is not possible, the consumer is entitled to a price reduction or to get back an amount commensurate with the value of the asset, against returning to the seller of the defective product. The legal guarantee lasts two years from delivery of the goods and must be made by the consumer within two months from the discovery of the defect.
RUSTICHELLI FARM will take delivery of the defective product to see if the malfunction is due to a defect or not. If you found the compliance defect, will repair or replace the goods within a reasonable time of your request and without charge to the consumer.
15. copyright.
All rights reserved. Texts, pictures, graphics, sound files, animation, video, and the arrangement thereof and their adaptations on the site are (unless otherwise stated) owned by FARM RUSTICHELLI property lawsintellectual property and protected by copyright and intellectual property rights. These objects may not be copied for commercial use or distribution, nor may these be modified, published, copied or used on other websites. This site may also contain images that are copyrighted by third parties.
It explicitly states that this web site is not granted any concession on our intellectual property or the intellectual property of third parties.
16. Hyperlinks.
On the webpages of www.lambruscorustichelli.it FARM RUSTICHELLI may be hyperlinks (Hyperlink) with other websites, proposed to provide a better service or other information to its users. RUSTICHELLI FARM is in no way responsible for the content of other web sites which users may access through the site. The existence of a Hyperlink to another site does not imply then approval or acceptance of responsibility by RUSTICHELLI FARM about the content of the new site being accessed, even in relation to the policy adopted for the processing of personal data and its use. The use of these web pages is the sole responsibility of the user and the client.
17. liabilityfor defects of title or quality.
The information on the website www.lambruscorustichelli.it have exclusive information and general character may be, depending on the circumstances, defective, incomplete or inaccurate. RUSTICHELLI FARM assumes no responsibility for the eventuality described above or for harmful consequences, direct or indirect, that may result from the use or inability to use information on the site.
18. Other liability, viruses.
The customer accepts the characteristics and limitations of the Internet and understand that you are solely responsible for the use made of your information.
While doing everything in its power to keep the website free from viruses, RUSTICHELLI FARM cannot guarantee that it is free. The user/customer must, for his protection, take the necessary steps to ensure appropriate security measures and utilize a virus scanner before downloading any information, software or documentation. You must make reasonable efforts to enable appropriate security measures and use an antivirus program to ensure that you do not upload viruses on the website www.lambruscorustichelli.it of AZIENDA AGRICOLA RUSTICHELLI cannot be held responsible for any direct or indirect damage arisingfrom any viruses or the like.
19. conditions.
The conditions contained in this document may be modified without notice and will be valid from the date of publication.
20. right of withdrawal.
Pursuant to art. 5, d. Lgs. 185/99 and subsequent amendments and additions, the customer who has the qualification of consumer has clear and unconditional right to terminate the contract, without penalty, within 14 (fourteen) days from the date of receipt of goods. For the proper exercise of the right in question, the customer must send RUSTICHELLI FARM – Highway 468 to Correggio, 37 – 41012 Carpi (Mo) within the period indicated a communication by registered letter with return receipt or by telegram or telefax later confirmed by registered letter with acknowledgment of receipt sent within the next 48 hours , indicating the Bank crediting of the amount; failure to observe the formalities and time limits will make it impossible to exercise the right in question. Upon receipt of the notice concerning the exercise of the right of withdrawal RUSTICHELLI FARM will contact the customer to agree on how to proceed with the surrender of the goods which must be carried out without delaywithin 14 days of receipt of notice of the surrender instructions. Not later than 14 days after receipt of the returned goods will RUSTICHELLI FARM credit of the amount received by bank transfer with the coordinates specified by the customer, holding, by law, the transportation expenses related to returning, if not borne directly by the customer, and any costs for the restoration of the original packet, if damaged. As provided by art. 5 paragraph 3 and art. 7 of the d. Lgs. 185/99 and subsequent amendments and/or additions remain excluded from exercising the right of withdrawal:
-The supply of goods made to the consumer's specifications or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly.
-The provision of audio-visual products or computer software were unsealed by the consumer.
-The supply of newspapers, periodicals or magazines.
-Perishable products
It is not possible to exercise the withdrawal only on a part of the purchased product. The product purchased must be returned in its original packaging including any accessories, packaging of goods and documents (instructions, accessories etc.) and must not be damaged for reasons otherthe carriage, lose the right of withdrawal. The product must be carefully packed in a box to avoid damage to the original packaging affixing labels or adhesive tapes. The product liability is borne by the consumer until confidence RUSTICHELLI FARM delivery unless the return is not done by courier or freight forwarder in charge directly from FARM RUSTICHELLI in case the returned goods with carrier commissioned directly by the customer from being damaged during transport for the return, RAKAD FARM will communicate to the customer within 5 working days from receipt of the goods, the incident in order to allow the customer to dispute what happened to the carrier chosen by him and activate the procedures related to compensation and/or indemnification, and will make available to the customer the right to return and will cancel the request for withdrawal. In each case FARM RUSTICHELLI will respond in any way damage to and/or loss of goods returned by uninsured shipments. On receipt of the goods at the warehouse, RUSTICHELLI FARM inspections on goods will be to observe the integrity; If these are damaged for reasons other than transportation or without original packaging including internal packaging or without partspart of the accessory well delivered (instructions, accessories etc.), it will promptly notify the customer by pleading the revocation, for the effect, the right of withdrawal, and by returning the goods to the customer with the resulting charge postage.
21. Privacy policy.
Pursuant to art. 13 of d.Lgs. 196/2003 and subsequent amendments and/or additions the personal data communicated by the customer are collected by electronic means, paper and processed using manual processing, computer and telematic tools; These data will not be communicated to others if not directly linked to AGRICULTURAL COMPANY and freight agents couriers RUSTICHELLI for the needs related to the delivery of the goods. The data provided through the contact form, will be treated to meet the expressed needs and to comply with legal obligations related to civil, tax, accounting, administrative management purposes, as well as for sending commercial information or advertising material, informative, promotional or sales, for collecting points for prize and promotional initiatives in General. The personal data under possession of the FARM company RUSTICHELLI are provided directly by the interested party upon registration through the request form or in the order form. The confermentdata is optional; It is understood that some data required, namely those marked with an asterisk are mandatory in order to process your order and, consequently, if not supplied, their absence will not allow the completion of the purchase procedure and, therefore, the order is sent. It should be noted, however, that even in the event that for any reason the purchase procedure could be completed without the required data, the order received will be accepted and will not run if not as a result of integrative communication by the client or remedy the omission, upon receipt of which will effectively and all subsequent course terms and conditions described herein. The data controller is RUSTICHELLI FARM in the person of its Director, controller, (whereby you can turn to to assert their rights as laid down in art. 7 of d.Lgs. 196/2003, to the following e-mail address: info@lambruscorustichelli.it
22. governing law and jurisdiction.
The contract of sale concluded between the customer and FARM RUSTICHELLI is concluded in Italy and governed by Italian law, particularly the provisions of the Civil Code, from d. Lgs. 185/99 concerning distance contracts, by Legislative Decree 70/2003 relating to contractsconcluded by electronic means and any additions and modifications.
RUSTICHELLI FARM will attempt to resolve any dispute with the customer quickly and efficiently. Should the customer not be satisfied with these attempts and want to bring the case to Court, all disputes shall be exclusively subject to Italian jurisdiction.
For any dispute concerning the interpretation, execution and termination of the present general conditions of sale shall be exclusively the Court of venue of AZIENDA AGRICOLA RUSTICHELLI, except where the client has acted and concluded this agreement as a consumer for purposes unrelated to the business or professional activities carried out. In this case will be the competent court of the place where the customer has its residence or domicile, if situated on the territory of the Italian State.
If RUSTICHELLI FARM does not enforce any of the rights conferred to it under this agreement, this will not like same rights waiver. This failure will not in any way waive such rights at a later time.