(according to the Italian legislation contained in Part 3, Title 3, Chapter I of Legislative Decree 206/2005 subsequently amended and perfected and currently in force)
Introduction and Relevance of the Terms and Conditions
1.1. These general terms of sale (hereinafter, “Terms“) concern the purchase of products and services made online tthrough the website www.terresarde.com (hereinafter, the “Site“), in line with the Italian laws of Legislative Decree. Legislative Decree 206/2005 and subsequent amendments (hereinafter, “Consumer Code“).
1.2. The person who sells the products and manages the Site is:
Valentina Atzori with registered office Viale Repubblica 85/P1 09034, Villasor (SU), VAT n. 03919840920 Email: info@terresarde.com (hereinafter “terresarde.com”).
The customer who visits the Site to purchase (hereinafter, the “Customer”) must carefully read these Terms before proceeding with the purchase. The Terms are available on the Site and can be consulted, in full transparency, at any time by the Customer through the link contained in the confirmation email of each order to allow reproduction and saving.
1.3. If the buyer requests an invoice and/or is not a “consumer or user” as defined in the art. 3, paragraph 1, letter. a), of the Consumer Code, the provisions on the right of withdrawal of the art. 7 and 8 of the Terms do not apply, nor do the provisions of the Consumer Code apply only to “consumers”. The contracts concluded with terresarde.com through the Site are governed by the Terms as defined by current Italian legislation. The only language available to conclude a contract is Italian.
Buying on the Site
2.1. The specifications and cost of different products for sale on the Site (hereinafter “Product” or “Products”) are detailed on the page developed for each Product.
2.2. To purchase the Products, the Customer must complete and send the electronic order form following the instructions on the Site.
2.3. The Customer must add the Product to the “Cart” and, after having read and accepted the Terms and the Privacy Policy, must enter the delivery and possible invoicing data, select the payment method and confirm the order.
2.4. Upon placing the order from the Site, which constitutes the Customer’s contractual offer, the latter acknowledges and affirms to have understood all the information provided during the purchase process and fully accepts the terms and conditions of payment.
2.5. The contract between terresarde.com and the Customer becomes binding with the acceptance of the order from terresarde.com.
2.6. This acceptance is communicated to the Customer with an order confirmation email containing a reference to the Terms, the order number, shipping and billing information, the list of Products ordered with their main characteristics and the total cost, including shipping costs. After this acceptance, no changes will be permitted, without prejudice to the Customer’s rights established in article 7.
2.7. Upon receipt of the order, terresarde.com reserves the right to check the availability of the products ordered; in the event that some Products are not available, the order will be processed with the available Products.
2.8. In the event of one or more products being missing, details relating to the final amount charged or refund will be included in the delivery confirmation mail and will vary based on the payment method chosen.
2.9. Only in the event that the Customer pays by Credit Card or Prepaid Card via Klarna, Mastercard or Visa, an authorization for the exact order amount will be requested at the time of the order.
2.10. At the time of shipment, only the cost of the products actually sent will be charged, while a pre-authorized and unused amount will be automatically released to the payment method chosen by the Customer in a short time, according to the terms of the payment method used.
Product Information
3.1. The information and characteristics of the Products are available on the section of the site called “Shop“. The image displayed of the Products on the Site, if available, normally identifies the photographic image that accompanies the product description.
3.2. It is understood that the image of the Products is intended only to present them for sale and may not perfectly represent their characteristics and quality but may differ in color and size.
3.3. In case of difference between the image and the product description, the product description prevails.
Prices and shipping
4.1. Product prices include all taxes and duties. All prices are in euros. The costs and delivery methods are indicated at the time of purchase in the cart on the Site.
Payment methods
5.1 Payment Options
The Customer can pay the price of the Products and shipping costs via Klarna, Mastercard, Visa or bank transfer.
5.2 Issuing invoices for orders
If the purchase is made by a professional, it will be possible to request an invoice during the order process by entering the billing data, including VAT number.
5.3 Payment methods
Bank transfer
If the Customer chooses the “bank transfer” payment method, the information relating to terresarde.com’s bank account will be provided after order confirmation. Order processing will begin once the total amount is credited to terresarde.com’s bank account.
Delivery of Products
terresarde.com undertakes to send the products within the times indicated on the Site or, in any case, within a maximum limit of 30 days from order confirmation.
Right of withdrawal
7.1. The Customer can decide to cancel the purchase, without the need for explanation, within 14 days from when the products were received. To exercise this right, the Customer must send a communication to the email address info@terresarde.com and then return the products; shipping costs will be at your expense.
7.2. terresarde.com will, after receiving the communication, manage the return and communicate to the Customer how to return the Products.
7.3. The right of withdrawal is governed by the following conditions:
The right applies to the Product purchased in its entirety; therefore if the Product is made up of multiple components or parts it is not possible to exercise the withdrawal only on part of the purchased Product.
In the event of exercising the right of withdrawal, terresarde.com will reimburse the customer the entire amount of the returned goods, including shipping costs where applicable within 14 days from the date on which the withdrawal notice was received, without prejudice to the right of terresarde.com to suspend payment of the refund until the actual receipt of the goods.
Products must be returned in the same box or packaging in which they were received.
In addition to the cases indicated in the Introduction (customer who is not a consumer and/or who requests an invoice), the right of withdrawal is excluded in the following cases – pursuant to art. 59 Legislative Decree 21/2014: – order of Products made to measure or clearly personalized; – order of Products that risk deteriorating or expiring rapidly; – order of sealed Products which are not suitable for return for hygienic or health protection reasons or which have been opened after delivery. With reference to the cases of exclusion of withdrawal listed above, the Customer, in particular, is informed and accepts that among the Products that “are at risk of deteriorating or expiring rapidly” include all food products (including wines), as the characteristics and qualities of these types of products are subject to alteration also as a result of inappropriate conservation. Therefore, for reasons of hygiene and customer protection, the right of withdrawal is applicable only for Products purchased on the Site which can be returned to terresarde.com and put back on the market without danger to the health of consumers.
In cases where the right of withdrawal is excluded, terresarde.com will return the purchased Products to the Customer, charging the shipping costs to the Customer.
Warranty and Defects of Conformity
8.1. In the event of lack of conformity of Products sold by terresarde.com, the Customer must immediately contact the Site using the mail provided in these Conditions or the contact form available on the Site.
8.2. The legal guarantees provided for by articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. The Customer has the right, at his choice and provided that the type of Product allows it, to restore, without charge, the conformity of the Product through repair or replacement, or to an adequate reduction in the price or to the termination of the contract.
8.3. The Customer loses these rights if he does not report the lack of conformity to terresarde.com within two months from the date on which he discovered the defect, provided that it is not a Product which by its nature is perishable or subject to expiry in a shorter period, in which case the defect must be reported within this reduced period.
Errors and limitations of liability
9.1. The information relating to the Products provided through the Site is constantly updated. It is not, however, possible to guarantee the complete absence of errors for which, therefore, terresarde.com hereby exempts itself from liability and cannot be considered responsible, except in the case of proven willful misconduct or gross negligence.
9.2. Terresarde.com reserves the right to correct errors, inaccuracies or omissions even after an order has been sent or to modify or update information at any time, with a view to transparency and correctness, without prior communication, without prejudice without prejudice to the Customer’s rights pursuant to these General Conditions and the Consumer Code.
9.3. Except for willful misconduct or gross negligence, any right of the Customer to compensation for damages or recognition of compensation is excluded, as well as any contractual or non-contractual liability for direct or indirect damage to people and/or things, caused by non-acceptance or evasion, even partial, of an order.
Privacy
10.1. The Customer’s personal information, which is necessary to complete the sale, will be managed according to the site’s confidentiality policy and limited to the operations that will take place with terresarde.com, without any disclosure to third parties not involved in the agreement and in compliance with the European Privacy Regulation n. 2016/679.
Contacts
For any communication, the Customer can contact terresarde.com by sending an email to the address info@terresarde.com.
Applicable law
The sales agreement between the Customer and terresarde.com is governed by the Italian law in force on the matter.
Changes to the General Conditions
Terresarde.com has the right to modify these terms of sale at any time. The updated conditions will be valid from the moment they are uploaded to the site.
