Terms and Conditions of Sale

General Sales Conditions, effective from 25/09/2024.

INTRODUCTION

This notice is provided for the website https://shop.castelveder.it (Website).

Seller Information:
Agricultural Company Castelveder (Seller).
VAT number: 03011870981
REA BS - 497558
Via Belvedere 4,
25040 Monticelli Brusati, Brescia

Art. 1 Scope of Application

1.1 These General Terms and Conditions of Sale apply to all sales made by the Seller on the Site.

1.2 If permitted by the Site, entering your tax code when making a purchase implies that you are acting as a Consumer pursuant to Article 3, paragraph I, letter a) of the Consumer Code (Legislative Decree September 6, 2005, No. 206). Please note that a Consumer is defined as an individual acting for purposes unrelated to their entrepreneurial, commercial, professional, or artisanal activities. If it is possible to enter a VAT number (yours or that of a legal entity), this implies a purchase as a "Professional" as defined in Article 3, paragraph I, letter c) of the Consumer Code. A Professional is defined as a natural or legal person acting in the exercise of their entrepreneurial, commercial, artisanal, or professional activities, or an intermediary thereof. The implications of purchasing as a Consumer versus a Professional will be described in the continuation of this document.

1.3 The terms indicated are to be understood as working days, excluding Saturdays, Sundays, and national holidays. The images and descriptions present on the Site are to be considered merely indicative. Colors may differ from real ones due to the settings of the computer systems or devices you use for their display.

1.4 The General Terms and Conditions of Sale may be modified at any time. Any changes and/or new conditions will be in effect from the moment of their publication on the Site. You are therefore invited to regularly access the Site and consult the most updated version of the General Terms and Conditions of Sale before making any purchases.

1.5 The applicable General Terms and Conditions of Sale are those in effect at the time of sending the purchase order.

1.6 These General Terms and Conditions of Sale do not govern the sale of products and/or services by parties other than the Seller that may be present on the Site through links, banners, or other hypertext links. Before conducting commercial transactions with such parties, it is necessary to verify their terms of sale. The Seller is not responsible for the provision of services and/or the sale of products by such parties. The Seller does not perform any control and/or monitoring of the websites accessible through such links. The Seller is therefore not responsible for the contents of such websites or for any errors and/or omissions and/or legal violations by them.

1.7 You are required to carefully read these General Terms and Conditions of Sale as well as all other information that the Seller provides on the Site, even during the purchase procedure.

1.8 The Seller cannot in any case be held responsible towards you or third parties for any indirect, incidental, special, or consequential damage. This includes, by way of example, any loss of profit or other indirect loss resulting from the use of the Site or the inability to use it. The Seller cannot guarantee or assert: (i) that the Site is free from viruses or programs that may damage data; (ii) that the information contained on the Site is accurate, complete, and up-to-date.

1.9 Orders can also be placed via email on the Site. To the extent compatible, the clauses indicated in these General Terms and Conditions of Sale also apply to these types of orders. The Seller reserves the right to send you separate General Terms and Conditions of Sale via email, which will be effective only for email purchases. The Seller also accepts orders by phone. In this case, the present General Terms and Conditions of Sale apply, to the extent compatible.

1.10 The entirety of any element on the Site is the property of the Seller or third parties. Unless specific written consent is given by the Seller, it is prohibited to reproduce, in whole or in part, by any means, distribute, publish, transmit, modify, or sell all or part of the content of the Site.

Art. 2 Purchases on the Site

2.1 To make purchases on the Site, you must follow the procedure present on the Site itself, entering the requested data from time to time. The sales contract is concluded when the order reaches the Seller's server.

2.2 You agree to immediately inform the Seller if you suspect or become aware of any improper use or unauthorized disclosure of any information you have entered on the Site.

2.3 You guarantee that the personal information provided is complete and truthful and agree to hold the Seller harmless and indemnified from any damage, compensation obligation, and/or sanction arising from and/or in any way related to the violation of this commitment. You also agree to immediately inform the Seller if you suspect or become aware of any improper use or unauthorized disclosure of your access credentials to the Site.

2.4 The Seller reserves the right to refuse orders from users who have previously violated these General Terms and Conditions of Sale or any regulatory provision.

2.5 To place orders on the Site, it is necessary to read and approve these General Terms and Conditions of Sale by selecting the appropriate box present on the pages of the purchase procedure. Failure to accept these General Terms and Conditions of Sale will result in the inability to make purchases on the Site.

2.6 The Site allows for the purchase of alcoholic products. The Seller reserves the right to carry out appropriate checks to ensure that the buyer is over 18 years of age, either on the Site or during the purchase procedure. Indeed, under Italian law, the purchase of alcoholic products is prohibited for individuals under 18 years of age.

2.7 On the Site and in communications with customers related to the Site, the Seller reserves the right to act under its trade name. Therefore, when the Seller's name or the first-person plural ("We") is used on the Site and/or in communications with customers regarding the Site, the reference is to be understood, in addition to the Site, also to the Seller.

2.8 Food products are sold on the Site. Before purchasing any food product offered for sale on the Site, you are requested to inform the Seller if you have any allergies, intolerances, or food sensitivities. If you do not make this communication, the Seller is in no way responsible for any type of damage you may suffer from purchasing food products on the Site.

2.9 Following your purchase, you will receive an email confirming your order. The order confirmation email will contain at least the following information: (i) Seller's details; (ii) characteristics of the purchased Product; (iii) purchase price and any taxes; (iv) any additional costs; (v) right of withdrawal or its exclusion; (vi) shipping address; (vii) payment method used.

2.10 The colors of the Products on the Site are indicative and may depend on the resolution of the device used by the user. The Seller does not assume any responsibility if the color of the Product is different from what the user expected. Users are invited to contact the Seller in case of doubts about the color of one or more Products on the Site.

Art. 3 Product Availability

3.1 The Products offered on the Site are in limited quantity. Therefore, it may happen, also due to the possibility of multiple users purchasing the same Product simultaneously, that the ordered Product is no longer available after the order is transmitted.

3.2 Information on the availability of Products is available on the Site. The availability of Products is continuously monitored and updated. However, since the Site can be visited by multiple users at the same time, it may happen that several users purchase the same Product simultaneously. In such cases, the Product may appear to be available for a short period of time while, in reality, it may be sold out or not immediately available, requiring a wait for restocking.

3.3 You will be informed in the event of unavailability of the ordered Product. In this case, you will have the right to terminate the purchase contract. However, please consider that before requesting the termination of the contract, the Seller reserves the right to implement the following measures:

• If restocking is possible, a postponement of the delivery terms will be offered by the Seller, indicating the new delivery date.
• The Seller will offer a discount voucher to be used for purchases on the Site. The amount of the discount voucher, the period within which it can be used, and any limitations will be communicated by the Seller from time to time.

3.4 If a refund is requested for the purchase of Products that turned out to be unavailable, the Seller will issue the refund within a maximum period of 5 days.

3.5 If you exercise the right of termination, the contract is terminated. If the total amount due, consisting of the price of the Product, shipping costs (if applicable), and any other additional costs, as indicated in the order (Total Amount Due), has already been paid, the Seller will refund the Total Amount Due in accordance with the provisions of the article "Payment Methods" infra.

Art. 4 Prices

4.1 Prices on the Site include VAT.

4.2 Additionally, prices on the Site do not include the WEEE (Waste Electrical and Electronic Equipment) fee, as Products sold are not subject to the relevant regulations.

4.3 The Seller reserves the right to modify the prices of the Products at any time, without prior notice. However, the price charged to you will be the one indicated on the Site at the time the order is placed, and no subsequent changes (increases or decreases) after the order has been transmitted will be considered.

4.4 The shipping costs for the Products are your responsibility, unless otherwise specified.

4.5 The Seller will only ship the Products after receiving confirmation of payment authorization or the receipt of the Total Amount Due. Ownership of the Products will be transferred to you upon shipment, meaning the moment the Product is delivered to the carrier. However, the risk of loss or damage to the Products, not attributable to the Seller, will be transferred to you when you, or a third party designated by you other than the carrier, physically take possession of the Products.

4.6 The purchase contract is subject to the condition precedent of non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will consequently be canceled.

4.7 If there is an error in the price of the Product indicated on the Site, the Seller reserves the right to communicate the correct price to the customer even after the purchase order has been completed. In this scenario, the customer may either accept the new price or terminate the purchase contract. The Seller may also cancel the purchase contract for the Product in such cases. The Seller may also cancel the sale if there is an error in the availability of the Product.

Art. 5 Payment Methods

5.1 This article describes the payment methods available on the Site. The user may contact the Seller for further information.

5.2 On the Site, you can purchase using payment cards. The charge will be made only after (i) the data of your payment card used for payment have been verified and (ii) the issuing company of the payment card you used has granted authorization for the charge. In accordance with Directive 2015/2366/EU on payment services in the internal market (PSD2), please be informed that you may be required to complete the purchase procedure by meeting the authentication criteria required by the payment institution responsible for processing the online payment. The authentication criteria refer to the identity of the user (to satisfy this criterion, the user must be registered on the Site during the purchase transaction) and the concurrent knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete the aforementioned procedure may result in the inability to finalize the purchase on the Site. The sensitive data of the payment card (card number, cardholder, expiration date, security code) is encrypted and transmitted directly to the payment processor without passing through the servers used by the Seller. Therefore, the Seller never has access to and does not store, even if you choose to save this data on the Site, the data of your payment card used for the purchase of the Products. The accepted payment cards can be viewed in the footer of the Site and/or during the purchase procedure.

• Visa.
• MasterCard.
• ApplePay.
• Google Pay.
• Maestro.

5.3 On the Site, it is possible to pay by bank transfer. After submitting the purchase order, you will receive the bank details by email to proceed with the payment. If the payment does not occur within 3 calendar days, the Seller reserves the right to cancel the purchase order.

5.4 On the Site, it is not possible to purchase by cash on delivery, unless a different agreement has been made with the Seller.

5.5 On the Site, it is possible to complete the purchase by entering discount codes, coupons, or vouchers. If the value of the discount code is less than that of the order, the remaining amount can be completed according to the payment methods provided on the Site. Each discount code can be used for a single purchase. Under no circumstances can discount vouchers be converted into cash.

5.6 Any alternative methods different from those mentioned above will be described in this article.

• On the Site, purchases can also be made using the PayPal payment solution. If you choose PayPal as your payment method, you will be redirected to the site www.paypal.it where you will complete the payment according to the procedure provided and governed by PayPal and the terms and conditions agreed between you and PayPal. The data entered on the PayPal site will be processed directly by PayPal and will not be transmitted or shared with the Seller. Therefore, the Seller cannot know and does not store in any way the data of the payment card linked to your PayPal account or any other payment instrument connected to that account.
• On the Site, you can also purchase using the "PayPal Later" payment tool. In this way, you can pay for the Service in 3 installments, interest-free. The terms of use for this service are governed directly by PayPal. Further information is available on the website www.paypal.com.

5.7 According to Legislative Decree No. 26 of March 7, 2023, the prices published on the Site have not been personalized based on automated decisions. Therefore, the prices displayed on the Site are not influenced by the previous behavior of the consumer.

5.8 In the event of a price reduction, the Site indicates the lowest price applied to the generality of consumers in the 30 days preceding the price reduction. For Products that have been on the market for less than 30 days, the period to which the previous price refers will be indicated. This clause does not apply to "launch prices," characterized by subsequent announcements of price increases.

5.9 If, for any reason, the Seller must proceed with any type of refund in your favor for the purchase of one or more Products, the Seller will issue the refund using the same payment method used by the user. Any delays in the refund may depend on the banking institution, the type of credit card, or the payment solution used.

Art. 6 Delivery of Products

6.1 Product delivery is available in the following countries: Italy, Belgium, Germany, Austria, Switzerland, Spain, France, and the Netherlands. Users can find more information in the "Shipping" section available on the Site, which can be accessed directly from the footer of the Site. In case of any discrepancy between the terms of this document and the details in the "Shipping" section, the latter will prevail.

6.2 The delivery obligation is fulfilled by transferring to you the material availability or, in any case, control of the Product.

6.3 Estimated delivery time from order submission: days.

6.4 The term indicated in Art. 6.3 is indicative and not binding. The Seller therefore reserves the right to deliver the Products within 30 days from the order submission. You are responsible for checking the condition of the delivered Product. While the risk of loss or damage to the Product, not attributable to the Seller, is transferred when you, or a third party designated by you and different from the carrier, physically take possession of the Product, the Seller recommends that you verify the number of Products received and that the packaging is intact, not damaged, not wet, or otherwise altered, including the sealing materials. It is in your interest to note any anomalies on the carrier's delivery document, accepting the package with reservations. If the packaging shows evident signs of tampering or alteration, it is advisable to promptly inform the Seller.

6.5 Regarding the option to request delivery of Products to a "collection point," the Seller informs you that the Site does not offer the option to collect the Product at a "collection point" other than the address provided by you during the purchase process. However, you are encouraged to regularly check the Site to see if this delivery option becomes available in the future.

6.6 You have the option to select "In-Store Pickup" as a delivery method. If you choose In-Store Pickup, you will be able to collect the purchased Product from the store ("Store") you selected from those listed on the Site as available for pickup. As soon as the Product is ready for collection, the Seller will notify you accordingly. You can collect the Product during the Store’s opening hours. To collect the Product, you or your representative must provide Store personnel with appropriate documentation proving the purchase.

Art. 7 Right of Withdrawal

7.1 Users are encouraged to pay close attention to this article, which governs the right of withdrawal.

7.2 The right of withdrawal is the Consumer's right to terminate the purchase contract without the obligation to provide a reason. If you made a purchase as a Professional, the right of withdrawal does not apply, unless otherwise agreed with the Seller. Any exceptions to the right of withdrawal are listed in this Article 7. If there are no exceptions to the right of withdrawal, this Article 7 shall apply in full.

7.3 If you qualify as a Consumer (and if there are no applicable exceptions as provided in this article), you have the right to withdraw from the purchase contract of the Product without providing any reason and without incurring any costs other than those outlined in this article within fourteen calendar days (Withdrawal Period). The Withdrawal Period ends 14 days after:

• in the case of an order for a single Product, the day on which you or a third party, other than the carrier and designated by you, acquire physical possession of the Products;
• in the case of a Multiple Order with separate deliveries, the day on which you or a third party, other than the carrier and designated by you, acquire physical possession of the last Product; or
• in the case of an order for the delivery of a Product consisting of multiple lots or pieces, the day on which you or a third party, other than the carrier and designated by you, acquire physical possession of the last lot or piece.

7.4 To exercise the right of withdrawal, you must inform the Seller of your decision to withdraw before the Withdrawal Period expires. You may contact the Seller using the contact information provided in the preamble or by using the contact form on the Site. You will have exercised your right of withdrawal within the Withdrawal Period if the communication regarding the exercise of the right of withdrawal is sent by you before the Withdrawal Period expires.

7.5 Unless otherwise agreed, the direct costs of returning the Products shall be borne by the Consumer, as well as the responsibility for transporting the Products. In the event of withdrawal, the Product must be returned to the Seller's premises or to another address specified by the Seller.

7.6 If withdrawal applies, the Seller shall refund the Total Amount Due, including delivery costs where applicable, without undue delay and in any case no later than 14 calendar days from the day on which the Seller was informed of the decision to withdraw from the contract. The refund shall be made using the same payment method used for the initial transaction. If the Products were shipped using a carrier chosen by the Consumer and at their expense, the Seller may withhold the refund until receipt of the Products or until the Consumer provides proof of return, whichever is earlier.

7.7 The Consumer is liable only for any diminished value of the goods resulting from handling the Product other than what is necessary to determine the nature, characteristics, and functioning of the Product. The Product must be kept, handled, and inspected with ordinary diligence and returned intact, complete in all its parts, fully functional, accompanied by all accessories and instruction sheets, with identification tags, labels, and single-use seals, if any, still attached to the Product and intact and untampered, as well as perfectly suitable for its intended use and without signs of wear or dirt. Furthermore, the right of withdrawal applies to the Product as a whole and cannot be exercised in relation to parts and/or accessories of the Product.

7.8 If the Product for which withdrawal has been exercised has undergone a decrease in value due to handling beyond what is necessary to ascertain the nature, characteristics, and functioning of the Product, the Seller reserves the right to deduct from the refund an amount corresponding to such decrease in value. The Seller will notify you of this circumstance and the consequent reduced refund amount. If the refund has already been processed, the Seller will provide the bank details for the payment of the amount owed by you due to the diminished value of the Product. If withdrawal was not exercised in accordance with applicable regulations, it will not result in termination of the contract and, consequently, will not entitle you to any refund.

7.9 This article governs the important matter of return costs in the event of withdrawal. As indicated above, the Seller wishes to emphasize that return shipping costs are your responsibility and at your own risk. Products should be returned to the address specified in the “Seller's Information” section in the preamble or at an address subsequently communicated by the Seller.

7.10 Subject to the right of withdrawal, where applicable, and the rights provided under the legal warranty of conformity, the customer may always request the replacement of the Product. It is at the Seller's sole discretion whether to accept this request. The costs of returning the Product subject to return and those for shipping the new Product shall be borne by the customer, unless otherwise agreed with the Seller. The right of withdrawal does not apply to purchases made by customers residing in non-EU countries where local law excludes this right. Therefore, customers from these countries will not be able to exercise the right of withdrawal for products purchased through this ecommerce site.

Art. 8 Legal Guarantee of Conformity

8.1 The Legal Guarantee of Conformity is reserved for the Consumer. Therefore, it applies only to users who have made purchases on the Site for purposes unrelated to any entrepreneurial, commercial, craft, or professional activities they may carry out.

8.2 The Seller is responsible to the Consumer for any lack of conformity of the Product that manifests itself within two years from delivery. The action to assert defects not fraudulently concealed by the Seller is subject to a limitation period of twenty-six months from the delivery of the good.

8.3 Unless proven otherwise, defects of conformity that manifest within twelve months from the delivery of the Product are presumed to have existed at that date, unless such a presumption is incompatible with the nature of the Product or the nature of the defect of conformity. From the twelfth month following the delivery of the Product, the Consumer will be responsible for proving that the defect of conformity existed at the time of delivery.

8.4 In the case of a lack of conformity of the good, the Consumer is entitled to have the conformity restored, receive a proportional reduction of the price, or terminate the contract based on the conditions established by Article 135-bis and subsequent articles of the Consumer Code.

8.5 The Seller is not responsible for any damages of any kind arising from improper use of the Product and/or use not in accordance with the instructions provided by the manufacturer, as well as for damages resulting from fortuitous events or force majeure.

8.6 If you have made the purchase as a Professional, the preceding paragraphs of this article do not apply. In this case, the legal guarantee is governed by Articles 1490 and following of the Civil Code; in particular, the time limit for reporting any defects is eight days from discovery, and the action is subject to a limitation period of one year from delivery.

Art. 9 Producer's Warranty

The Producer's Warranty is a supplementary warranty in addition to the Legal Guarantee of Conformity that may be provided by the Seller on the Products. Except as may be indicated on the Site, the Products sold on the Site are not covered by the Producer's Warranty. In any case, you can assert your rights provided by the Legal Guarantee of Conformity governed by the previous article.

Art. 10 Applicable Law and Jurisdiction; Alternative Dispute Resolution/Online Dispute Resolution

10.1 The purchase contracts concluded through the Site are governed by the provisions in these General Terms and Conditions of Sale and, for anything not provided herein, by the Italian Consumer Code.

10.2 It is reminded that in the case of a Consumer user, for any dispute relating to the application, execution, and interpretation of this document, the competent court is that of the place where the user resides or has elected domicile. In the case of a professional user, for any dispute relating to the application, execution, and interpretation of this document, the competent court is that where the Seller has its registered office as provided in the Introduction.

10.3 The Seller informs the user who qualifies as a Consumer that, in the event that he has submitted a complaint directly to the Seller, and it has not been possible to resolve the dispute that arose, the Seller will provide information regarding the body or bodies of Alternative Dispute Resolution (ADR) for the extrajudicial resolution of disputes relating to obligations arising from a contract concluded under these General Terms and Conditions of Sale, specifying whether or not it intends to make use of such bodies to resolve the dispute.

10.4 The Seller also informs the user who qualifies as a Consumer that a European platform for the online resolution of consumer disputes (the so-called ODR platform) has been established. The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr. Through the ODR platform, the Consumer user can consult the list of ADR bodies, find the link to the site of each of them, and initiate an online dispute resolution procedure in which he is involved.

10.5 In any case, the right of the Consumer user to bring the competent ordinary judge for the dispute arising from these General Terms and Conditions of Sale is reserved, regardless of the outcome of the extrajudicial dispute resolution procedure related to consumer relations by resorting to the procedures referred to in Part V, Title II-bis of the Consumer Code.

A user residing in a member state of the European Union other than Italy may also access, for any dispute relating to the application, execution, and interpretation of these General Terms and Conditions of Sale, the European procedure established for small claims by Council Regulation (EC) No. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees, and costs, €5,000.00. The text of the regulation can be found on the website http://www.eur-lex.europa.eu.

Art. 11 Customer Service

11.1 You can request information, send communications, request assistance, or submit complaints by contacting the Seller at the contact details provided in the Introduction, or by using the contact form that may be present on the Site.

11.2 The Seller will respond within an indicative timeframe of 3 days.

Art. 12 Reviews

12.1 Pursuant to Legislative Decree No. 26 of March 7, 2023, the Site informs you that there is no tool implemented on the Site that allows users to publish reviews.

12.2 You are still encouraged to check this article during future purchases to see if a tool has been implemented on the Site that allows users to publish their reviews regarding their shopping experiences on the Site.

Art. 13 Miscellaneous

13.1 This document fully regulates the relationship between you and the Seller. In any case, the rights and obligations provided by the applicable law from time to time are reserved.