The assets covered by these general conditions are offered for sale by Giardino Carnivoro di Andrea Fontana based in Solagna (VI), Via Roma, registered with P.IVA 03671190241 hereafter referred to as "Supplier."
Art. 1 - Definitions
1.1. The term "online sales contract" means the purchase sale agreement signed between the said supplier and the purchaser relating to the sales of the products provided by the Supplier, offered over the web by means of a telematic system with online payment services, adopted by the Supplier .
1.2. The term "Purchaser" refers to the physical person who performs the purchase, under this contract, for purposes other than commercial or professional activity.
1.3. The term "Supplier" refers to the physical person mentioned in the headnote, that is the provider of the online sales services.
Art. 2 - Purpose of the contract
2.1.With the present contract, respectively, the Supplier sells and the Purchaser acquires over the web by means of a telematic system with online payment services the material movable goods indicated and offered for sale on the site www.giardinocarnivoro.it.
2.2.I the products referred to above are described in the web pages of the site www.giardinocarnivoro.it.
Art. 3 - Means of entering into the contract
3.1.The contract between the Supplier and the Purchaser is exclusively concluded via the Internet by the Purchaser accessing the address www.giardinocarnivoro.it, where, following the procedures indicated, the Purchaser finalizes the proposal for the purchase of goods referred to in paragraph 2.1 of the previous article.
Art. 4 Conclusion and effectiveness of the contract
4.1. The purchase contract is concluded by correctly filling in the application form and the purchasing agreement sent online upon checkout of the order, subject to previously viewing a Web page order summary, printable, showing the payer and the order details, the price of the goods purchased, the shipping charges and any additional charges, the means and terms of payment ( prepaid by credit / PayPal card) the address where the goods are to be delivered and the approximate time of delivery.
4.2. The Purchaser has the right to withdrawal within the period of fourteen calendar days from the date of receipt of the goods purchased according to art. 13.2 ..
4.3. From the receipt of the order from the Buyer, the Supplier undertakes to provide an e-mail confirmation or the display of a printable confirmation page and order summary online, on which are also listed the data mentioned in the previous point 4.1.
4.4. The contract is deemed not concluded and valid between the parties in default of the above indicated.
Art. 5 - Payments and Refunds
5.1. The Purchaser may only make payments using one of the methods mentioned in the relevant web page provided by the Supplier.
5.2. Any refund will be credited to the Buyer through one of the procedures proposed by the Supplier and chosen by the purchaser, as soon as possible, and, in the case of exercising the right to withdraw, as regulated by art. 13, paragraph 2 et seq. of this contract, no later than 30 days from the date on which the Supplier is aware of such withdrawal.
5.3. All communications relating to payments are made on a special line provided by the Supplier and are protected by an encryption system. The Supplier guarantees the storage of this information with an additional encryption level of security in compliance with current legislation on the protection of personal data. In particular, it should be noted that any payment-related information is managed and stored by the transaction managers (eg. PayPal or Bankwire), a known and proven safety agency.
Art. 6 - Timing and mode of shipment
6.1. The Supplier will ship the products chosen and ordered, in the manner indicated on the website at the time of purchasing of the goods.
6.2. Shipment times may vary from the day you order to a maximum of 15 working days from the confirmation of the same. In the event that the Supplier is not able to make the shipment within that time but in any event within that indicated at a following point, a prompt notice will be sent by e-mail to the purchaser.
6.3. The manner, timing and shipping costs depend on the place of delivery and number of products purchased and will be highlighted before the order is confirmed .
Art. 7 - Prices
7.1.All the sales prices of the products displayed and indicated on the Internet website www.giardinocarnivoro.it are shown in euro and constitute an offer to the public pursuant to art. 1336 cc
7.2. The sales prices, as referred to above, include VAT and any other taxes applicable. The shipping costs and any eventual costs (eg. Customs clearance), while not included in the purchase price must be indicated and calculated in the purchase procedure prior to the completion of the order by the Purchaser and must also be included in the summary page of the order made.
7.3. The prices indicated in respect of each of the goods offered to the public are valid until the date indicated in the catalogue.
Art. 8 -Product Availability
8.1. By means of telematic system, the Supplier will assure the processing and issue of orders received without delay.
8.2. If an order exceeds the amount present in stock, the Supplier will inform the Purchaser by e-mail, as to whether the goods are still available to order, or what the waiting time will be to receive the goods chosen, requesting confirmation or otherwise of the order.
8.3. The telematic system of the Supplier will, without delay ,confirm the successful registration of the order by forwarding an email confirmation to the user, according to point 4.3.
Art. 9 - Limitation of Liability
9.1 The Supplier assumes no liability for disruptions caused by force majeur in the event of failing to execute the order within the time stipulated in the agreement.
9.2. The Supplier shall not be liable to the Purchaser, except in the case of willful misconduct or gross negligence, for inefficiences or malfunctions related to the use of the Internet beyond its or its subcontractors control .
9.3.The Supplier will also not be liable for any damages, losses and costs incurred by the Purchaser as a result of failure to execute the contract for reasons not attributable to him, the Purchaser shall only be entitled to full reimbursement of the purchase price paid and any accessory costs incurred.
9.4. The Supplier assumes no responsibility for any fraudulent and illegal use that may be made by third parties, credit cards, cheques and other means of payment, for the payment of the purchased products, if proving to have taken all possible precautions adopted on the basis of the best known skills and experience and technology currently available with due dilligence.
9.5.In no event shall the Purchaser be liable for any delay or disruption in the payment if proving to have made the payment in the time and manner specified by the Supplier.
Art. 10 Liability for defects, evidence of harm and damage payable: Supplier obligations
10.1. Under Articles. 114 et seq. of the Consumer Code, the Supplier is liable for damage caused by defects of the goods sold if it fails to communicate to the Injured party, within three months of being requested, the identity and address of the manufacturer or of the person who provided the goods.
10.2. The above request, by the Injured 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 the offer regarding the product, if still existing.
10.3.The Supplier shall not be liable for the consequences resulting from a defective product if the defect which caused the damage did not exist when the producer placed the product in circulation, or if the defect is due to the conformity of the product itself, under a rule of imperative law or binding measure, if the state of scientific and technical knowledge at the time when the producer put the product into circulation did not consider it a defective product.
10.4No compensation will be payable if the Injured party was aware of the product defect and the danger that would follow and still voluntarily exposed themselves.
10.5. In any case the injured party must prove the defect, damage, and the causal relationship between defect and damage.
Art. 11 - Guarantees and service
11.1. The Supplier is liable for any defect which becomes apparent within the sell by date of the goods, that is clearly labelled on the packaging, if properly stored, and for three days from when the package is opened (with some exceptions when indicated on the label of the product) - always in compliance with proper storage conditions.
11.2. For the purposes of this contract it is assumed that the consumer goods comply with the contract if, where relevant, the following circumstances exist: a) are fit for the purposes for which goods of the same type usually serve; b) comply with the description given by the Supplier and possess the qualities of goods which theSupplier has presented to the Purchaser as a sample or model; c) show the quality and performance which are normal in goods of the same type and which the Purchaser can reasonably expect, given the nature of the goods and, where appropriate, public statements on the specific characteristics of the goods made concerning them by the Supplier, the producer or his agent or representative, particularly in advertising or labelling; d) they are also suitable for use particularly wanted by the Purchaser and that have been made known to the Supplier at the time of the conclusion of the contract and which the Supplier has accepted, and agreed upon.
11.3. The Purchaser renounces any right versus the Supplier if the defect has not been reported within a period of two months from the purchase and no later than the expiry date on the package. A formal complaint is not required if the Supplier has either acknowledged the existence of the defect or has concealed it.
11.4. In any case, unless proved otherwise, it is assumed that any defect which becomes apparent within six months of delivery of the goods already existed on that date, unless this presumption is incompatible with the nature of the goods or the nature of the lack of compliance.
11.5. In case of any defect, the Purchaser may ask, alternately and without charge, under the conditions specified below, for the repair or replacement of the item purchased, a reduction of the purchase price or the contract to be rescinded, unless the request is objectively impossible to meet (for example, the "repair" is not viable for Pastry food therefore another agreement between Supplier and Purchaser will be found) or it is prohibitively expensive for the Supplier to meet such terms pursuant to art. 130, paragraph 4, of the Consumer Code.
11.6. The request should be sent in writing, by registered mail with return receipt, to the Supplier, who should indicate their willingness to act on the request, or give the reasons that prevent him from doing so, within seven working days of receipt. It is courteously suggested that the Purchaser, in order to accelerate any possible agreement process, even sends an informal communication by e-mail and/or telephone: as the staff of the Supplier is in fact more than willing to maintain a correct and fair relationship with regards the Purchaser.
In the same communication, where the Supplier has accepted the Purchasers request, the method of delivery or return of the property as well as the deadline for the return or replacement of defective goods must be indicated .
11.7. If repair and replacement are impossible or excessively expensive, 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 made have caused significant inconvenience to Purchaser, the aforementioned may request, at their choice, an appropriate reduction in price or termination of contract. In such case the Purchaser must send an appropriate request to the Supplier, who will indicate their willingness to act on the same, or the reasons that prevent him from doing so, within seven working days of receipt.
11.8. In the same communication, where the Supplier has accepted the Purchaser's request, the reduction of the proposed price or the arrangements for return of the defective goods must be indicated. In such case the Purchaser must indicate how the crediting of amounts previously paid to the Supplier are to be made.
Art. 12 - Purchaser Obligations
12.1. The Purchaser agrees to pay the price of the purchased goods in the time and manner specified in the contract.
12.2. The Purchaser agrees, once the online purchase has proceeded, to undertake to print out and conserve this contract.
12.3. That the information contained in this contract has been accurately read and accepted by the Purchaser, who acknowledges, this step as mandatory before the purchase confirmation.
Art. 13 - Right of withdrawal
13.1. The Purchaser has in any case the right to terminate the contract without penalty and without giving any reason, within fourteen working days, counted from the date of receipt of the goods purchased.
13.2. If the Purchaser decides to exercise the right of withdrawal, they must notify the Supplier by registered mail at "Giardino Carnivoro - Via Roma 36020 Solagna (VI) "or via e-mail e-mail email@example.com, as such communications are confirmed by the sending of registered mail with return receipt at the address mentioned within forty-eight hours. The stamp from the post office on the receipt issued shall be considered proof of dispatch by the parties. For the purpose of exercising the right of withdrawal sending the notice may validly be replaced by the return of the goods purchased, on the same terms and must be, properly packaged, and perfectly intact in unopened packaging. The date of delivery to the post office or shipping agent shall be considered proof of dispatch by the parties
13.4. The return of goods must take place no later than thirty days from the date of receipt of the goods and reasonably arrive before the eventual expiry date of the product as indicated on the packaging of the same. In all cases, in order to be entitled to full reimbursement of the price paid, the goods must be returned intact and in a normal condition of conservation.
13.5. The Purchaser may not exercise the right of withdrawal for contracts for the purchase of sealed products, which have been opened by the same, as well as of goods made to specifications or clearly personalized or which, by their nature, can not be posted or are liable to deteriorate further or change rapidly, and in any other instance provided for by art. 55 of the Consumer Code.
13.6. The only expenses due the Purchaser to exercise the right of withdrawal in accordance with the law is the direct cost of returning the goods to the Supplier, unless the Supplier self agrees to assume them .
13.7.The Supplier freely agrees to refund the amount paid by the Purchaser within thirty days of receiving the notice of withdrawal, if the conditions above are fulfilled.
13.8. On the receipt of notification in which the Purchaser exercises the right of withdrawal, the Parties to this agreement will be dissolved of all mutual obligations and the contract terminated, other than as provided in the preceding paragraphs of this Article.
Art. 14 - Resolution of the Agreement
The obligations referred to in 12.1, undertaken by the Purchaser, as well as the garantee of completion of payment that the Purchaser undertakes using the means in point 5.1, and also the exact fulfillment of the obligations undertaken on the part of the Supplier in the point 6, are constituent, so that, by express agreement, the failure in the undertaking one of these obligations, if not caused by accident or force majeur, will result in the automatic termination of the contract pursuant to art. 1456 cc, without any judicial decision, warning or formal notice.
Art. 15 – Data Protection and Processing of the Purchaser's data
15.1. The Supplier undertakes to protect the privacy of its customers and guarantees that the Purchaser's data is processed in accordance with data protection regulations of Legislative Decree no., n. 196. June 30, 2003
15.2. Any Personal data collected directly and/or through third parties by the Supplier Giardino Carnivoro, the data holder, is collected and processed in printed, computerised, and telematic form, in relation to the processing methods necessary to register and activate the order, to fulfill 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 enable effective management of any business relations to the extent necessary to perform the service required in the best manner possible (art. 24, paragraph 1, lett. b, Legislative Decree no. 196/2003).
15.3.The Supplier undertakes to treat any data and information submitted by the Purchaser as confidential, and not to disclose them to unauthorized persons, or to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data can be produced only at the request of a court or other authority authorized by law.
15.4. Personal data will be disclosed to third parties who carry out activities necessary for the execution of the contract and exclusively for that purpose, only after signing an undertaking regarding the confidentiality of such data.
15.5. The Purchaser has the rights under Article. 7 of Legislative Decree no. 196/2003, that is the right to obtain: a) updating, rectification or, when in his or her interest, the integration of the said data;
b) the cancellation, anonymization or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were originally collected or subsequently processed;
c) certification that the operations in points a) and b) have been noted, also as regards their content, to those to whom the data were communicated or disclosed, except in the case that such a requirement proves impossible or involves a manifestly disproportionate in regards to the protected right. The party has the right to object, in whole or in part: i) for legitimate reasons to the processing of personal data, pertinent for collection purposes; ii) the processing of personal data for purposes of sending advertising materials or direct selling or for carrying out market research or commercial communications.
15.6. The provision of personal data by the Purchaser is a necessary condition for the proper and timely execution of this agreement. Failure to do so shall result in the failure to execute the Purchaser's order.
15.7. In every instance, the data collected will be kept for a period of time not exceeding that necessary for the purposes for which it was collected and subsequently processed. The removal thereof will be carried out in a secure manner.
15.8. The holder of the collection and processing of personal data is the Supplier, to whom the Purchaser may direct all requests to the company headoffices.
15.9. Any communications sent to the mailing address (including electronic) of the Centre (requests, suggestions, ideas, information, materials etc.) will not be considered confidential information or data, must not violate the rights of others and must contain valid information, that does not harm the rights of others or of the truth, in every instance no responsibility is to be attributed to the Centre for the contents of such communications.
Art. 16 – Archiving procedure
16.1. Under Article. 12 of Legislative Decree no. 70/2003, the Supplier informs the Purchaser that every order sent is stored in digital/printed form on the server at the headoffice of the Supplier in accordance with confidentiality and security standards.
Art. 17 - Notifications and Complaints
17.1. Direct written notifications to the Supplier and any complaints will be considered valid only if sent to the following address: "Giardino Carnivoro - Via Roma, 36020 Solagna VI", or sent by e-mail to the following address firstname.lastname@example.org. The Supplier however recommends sending by registered mail with return receipt to ensure the delivery of the notification. The Purchaser must indicate in the registration form his residence or domicile, telephone number or email address to which he wishes to be sent notifications from the Supplier.
Art. 18 - Settlement of disputes
18.1. Any dispute arising from the present contract will be referred to the Vicenza Chamber of Commerce and resolved according to the Conciliation Rules adopted thereof.
18.2. If either Party intends to appeal to the magistrates court, such shall fall within the jurisdiction of the court in the place of residence or the elected domicile of the Purchaser, pursuant to Art. 33, paragraph 2, letter. u) of Legislative Decree no. 206/2005.
Art. 19 - Jurisdiction
19.1. This contract is governed by Italian law.
19.2. Although herein not expressly given ,the normatives applicable to the relationships and to the causes described in this agreement apply , with particular regard to Article. 5 of the Rome Convention, 1980.
19.3. Under Article. 60 of Legislative Decree no. 206/2005 the provisions contained in Part III, Title III, Chapter I of the Legislative Decree no. 206/2005 are hereby expressly referred to.
Art. 20 - Final clause
This agreement revokes and replaces any agreement, understanding, negotiation, written or oral, previously interacted between the Parties concerning the subject of this contract.
CONTINUATION AND COMPLETION OF PURCHASE, I, THE PURCHASER ACCEPT THE TERMS GIVEN ABOVE.