(in accordance with Chapter I, Title 3, Part 3, Legislative Decree 206/2005 and subsequent amendments and integrations)
1. Preamble and Effectiveness of the General Conditions
The present general terms and conditions of sale (hereinafter, “General Conditions”) govern the purchase of products and services, carried out remotely and made available through the internet, on the website (hereinafter, the “Site”), in compliance with the Italian legislation pursuant to Legislative Decree 206/2005 and subsequent amendments and integrations (hereinafter, the “Consumer Code”).
The seller of the products and the owner of the Site is: Azienda Agricola Podere Poggerina di Putsch Karin, with its registered office at Via Grevigiana 9, Ponte Stolli, 50063 Figline e Incisa Valdarno (FI), VAT number 04432750489 – Email address: info@poderepoggerina.it. The consumer who accesses the Site to make purchases (hereinafter “c”) is required, before sending the order, to carefully read the present General Conditions made available on the Site. These conditions will be accessible at any time by the Customer through the link provided in the order confirmation email, allowing for reproduction and storage.
In the event that the individual making purchases on the Site requests the issuance of an invoice and/or is not a “consumer or user” as defined in Article 3, paragraph 1, letter a) of the Consumer Code, the withdrawal provisions under Article 7 and 8 of these General Conditions will not apply, nor, more generally, the provisions that, according to the same Consumer Code, are exclusively applicable to “consumers”. Contracts concluded with Azienda Agricola Podere Poggerina di Putsch Karin (hereinafter Azienda Agricola Podere Poggerina) through the Site are governed by these General Conditions in compliance with Italian regulations. The language available for concluding the contract is Italian.
2. Choose and Order Products
The features and prices of various products available for sale on the Site (hereinafter “Product” or “Products”) are detailed in the information box, accessible by selecting the desired Product from the general Products page. To purchase Products, the Customer must complete and submit the electronic order form, following the instructions provided on the Site. The Customer should add the Product to the “Cart” and, after reviewing the General Conditions and Privacy Policy and confirming acceptance, provide shipping details and any billing information, enter credit card details through the SumUp gateway integrated into the Site, and confirm the order.
Once the order is placed, Azienda Agricola Podere Poggerina will confirm to the Customer the successful registration of the purchase order through a message sent to the email address provided by the Customer and/or with a web screen.
Upon submitting the order through the Site, which constitutes a contractual proposal, the Customer acknowledges and declares to have reviewed all information provided during the purchase process and fully accepts the present General and Payment Conditions. The contract between Azienda Agricola Podere Poggerina and the Customer is considered concluded with the acceptance of the order by Azienda Agricola Podere Poggerina. This acceptance is communicated to the Customer through an order confirmation email containing a reference to the present General Conditions, the order number, shipping and billing details, a list of ordered Products with their essential characteristics, and the total price, including any delivery charges.
The Customer undertakes, once the online purchase procedure is completed, to print and/or save these general conditions, which, moreover, they will have already viewed and accepted as a mandatory step in the purchase. This is to fully satisfy the condition specified in Articles 52 and 53 of Legislative Decree 206/05 and subsequent amendments and integrations. The Customer is prohibited from entering false and/or invented data in the registration procedure necessary to activate the process for the execution of this sales agreement and related further communications. Personal data and email must exclusively correspond to the Customer’s own personal information and not that of third parties. The Customer declares to be of legal age.
3. Product Information
Information and features related to the Products are available on the Site. The visual representation of the Products on the Site, where available, typically corresponds to the photographic image accompanying the product description. It is understood that the image of the Products serves the sole purpose of presenting them for sale and may not be perfectly representative of their characteristics and quality, but may differ in color and dimensions. In the event of a discrepancy between the image and the written product description, the description in the product sheet always prevails.
4. Prices and Shipping
The displayed prices of the products are expressed in Euros and inclusive of all taxes and duties. Product prices may be updated and, therefore, subject to daily variations. Azienda Agricola Podere Poggerina ships using selected packaging based on the type of product purchased to ensure its safety. The shipping cost is automatically calculated based on the weight and type of product and is visible only once the shipping address is entered in the checkout screen.
5. Payment Methods
- Metodi di pagamento: Il Cliente potrà effettuare il pagamento del prezzo dei Prodotti e delle relative spese di consegna mediante carta di credito e carte prepagate utilizzando il servizio SumUp integrato nel Sito. I Circuiti sui quali è possibile acquistare all’interno del Sito sono:
- Visa
- Mastercard
- Diners
- American Expres
- Discover
- JCB
- Bank Transfer: In this case, shipping occurs only upon receipt of the bank transfer. To ensure maximum security, the entire site uses SSL encryption. Additionally, the customer will complete the payment transaction using the APIs and servers of SumUp to which the website https://www.poderepoggerina.it is connected, providing solely the graphic and input interface.
6. Promotions
Any promotions offered by Azienda Agricola Podere Poggerina and the offer of complimentary products are valid until the stock of products is depleted and within the purchase limits indicated on the website https://www.poderepoggerina.it. No replacement or return is possible for any products received as gifts by the Buyer.
7. Order Invoicing
If the purchase is made by a professional, it will be possible to request the issuance of an invoice by indicating this request in the additional notes to the order and entering the billing information, including the tax code and/or VAT number. In this case, the invoice will be sent via email to the specified address. The professional is responsible for the correct entry of billing information and is expressly informed that, in case of not requesting the invoice during the order phase, it will not be possible to request it later on.
8. Shipping and Delivery
The products purchased on the website will be delivered to the address indicated by the customer during the purchase procedure in the “Shipping Address” field. The system associates the Billing Address with the Shipping Address, making them identical unless otherwise indicated by the customer through the appropriate function on the checkout page. All orders will be delivered carefully packaged on the scheduled delivery days. Azienda Agricola Podere Poggerina is not responsible for delays that are unpredictable or not attributable to it.
9. Right of Withdrawal
The customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty (art. 64 Legislative Decree 206/2005). (art. 64, c. 1 Legislative Decree 206/2005 and subsequent amendments and integrations). The exercise of the right of withdrawal is valid within 14 days from the date of receipt of the goods. However, in line with the current Italian law, the right of withdrawal can only be exercised for sealed products that can be put back on the market without endangering the health of consumers. For this reason, it is not possible to return food products for which adequate preservation cannot be guaranteed. It is also not possible to return custom-packaged or clearly personalized products, or orders for which an invoice has been issued.
The right of withdrawal must be exercised by the buyer by sending explicit communication to info@poderepoggerina.it.
The communication must include the order number, the intention to withdraw from the purchase, and the product or products for which the right of withdrawal is to be exercised. The customer must also attach a copy of an identity document, a copy of the tax documentation of the purchase, provide a telephone number for contact, and provide the bank details of the current account to receive the refund. Upon receiving the withdrawal communication, Azienda Agricola Podere Poggerina will communicate to the customer the address to which to send the products for return and authorize the return of the products. The customer must ship the product carefully packaged in its original packaging, complete with everything originally contained, to the communicated address. The customer must ship the product via courier or deliver it to Azienda Agricola Podere Poggerina within 14 days from the date of the withdrawal communication. Upon receipt of the products, Azienda Agricola Podere Poggerina will check the condition of the products and, if the integrity of the returned goods is confirmed, will refund the customer the amount paid within 14 days using the same form of payment used by the customer for the initial transaction unless expressly agreed otherwise with the customer.
The customer is responsible for the expenses incurred for the return of products to Azienda Agricola Podere Poggerina.
10. Warranty and Non-conformity Defects
In case of non-conformity defects in products sold by Azienda Agricola Podere Poggerina, the customer must immediately contact the Customer Service by writing to info@poderepoggerina.it. The sale of products is subject to the legal guarantees provided by articles 129, 130, and 132 of the Consumer Code. The customer has the right, at their choice and provided that the type of product allows it, to restore the conformity of the product without expenses through repair or replacement, or to an appropriate price reduction, or to the resolution of the contract.
The customer forfeits these rights if they do not report the lack of conformity to Azienda Agricola Podere Poggerina within two months from the date of discovery of the defect, provided it is not a product that is perishable or has a shorter expiration period by its nature, in which case the defect must be reported within that reduced period.
11. Errors and Limitations of Liability
The information regarding the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors, for which reason Azienda Agricola Podere Poggerina cannot be held responsible, except in cases of willful misconduct or gross negligence. Azienda Agricola Podere Poggerina reserves the right to correct errors, inaccuracies, or omissions even after an order has been submitted, or to modify or update information at any time without prior notice, while respecting the Customer’s rights under these General Conditions and the Consumer Code. Except in cases of willful misconduct or gross negligence, any right of the Customer to compensation for damages or the recognition of compensation is excluded, as well as any contractual or non-contractual liability for direct or indirect damages to persons and/or property caused by the non-acceptance or partial fulfillment of an order.
12. Complaints
Any complaints should be addressed to info@poderepoggerina.it. Azienda Agricola Podere Poggerina undertakes to respond to all requests within a maximum of 6 working days.
13. Online Resolution of Consumer Disputes (ADR and ODR)
In accordance with Article 49, paragraph 1, letter V of Legislative Decree 6 September 2005, no. 206 (Consumer Code), the customer has the option to use the Alternative Dispute Resolution (ADR) procedure. The ADR procedure can be initiated if the consumer, after submitting a complaint to the company, does not receive a response within 45 days or receives a response deemed unsatisfactory. The customer choosing to utilize the ADR procedure is obligated to submit the request to the following address: conciliazione@consorzionetcomm.it or by fax at 02/87181126. For more information, please refer to: https://www.consorzionetcomm.it/spazio-consumatori/segnalazioni/conciliazione-paritetica/
Pursuant to Article 14 of Regulation 524/2013, it is notified to the user that, in the event of a dispute, they may submit a complaint through the Online Dispute Resolution (ODR) platform of the European Union, accessible at the following link: http://ec.europa.eu/consumers/odr/. The ODR platform serves as an access point for users seeking to resolve, through extrajudicial means, disputes arising from online sales or service contracts.
14. Amendments
Azienda Agricola Podere Poggerina reserves the right to modify these General Terms and Conditions at any time by publishing the updated version on the website https://www.poderepoggerina.it. Any new clauses will be effective for purchases made after the modification has taken place.
15. Applicable Law and Jurisdiction
The sales contract between the Customer and Azienda Agricola Podere Poggerina is considered concluded in Italy and governed by Italian law. For the resolution of disputes relating to the interpretation, execution, or termination of these General Terms and Conditions or individual purchase orders, if the Customer is a consumer under the Consumer Code, the exclusive jurisdiction will be that of their municipality of residence or domicile if located in Italian territory; in all other cases, the exclusive territorial jurisdiction is that of the Court of Turin, excluding any other competent court.