TERMS AND CONDITIONS OF THE SERVICE
Sales conditions (Last update: 15/05/2020)
Masseria Fruttirossi Srl
Address Contrada Terzo Dieci, snc 74011 Castellaneta (TA)
PEC address:
Rea number:
VAT number: 03072130739
DEFINITIONS
The terms and phrases listed below have the meaning indicated, it being understood that the terms defined in the singular are also defined in the plural and vice versa.
CUSTOMER
means any person (natural or legal person) who purchases one or more Products and the Service contextually offered through the on-line Shop accepting the General Conditions.
SET OFF
means jointly Masseria Fruttirossi Srl and Customers.
GENERAL CONDITIONS
means the present general conditions of contract and any future new versions that may be published in the online shop by Masseria Fruttirossi Srl
ONLINE SHOP
means the virtual shop, managed by Masseria Fruttirossi Srl and accessible through the URL customer@lomesuperfruit.com through which it is possible to purchase the Products.
CONTRACTS
means the contracts concluded, pursuant to art. 6, between Masseria Fruttirossi Srl and the Customers through the online Shop.
ORDERS
means the purchase orders for the Products and the supply of the Service sent by the Customers, in accordance with the General Conditions and following the procedure set out in articles 5 and 6.
CONFIRMATION OF ORDER
means the e-mail message through which Masseria Fruttirossi Srl notifies Customers of the acceptance of the Orders.
PRICE
means the price of the Products and the supply of the Service as indicated in the online Shop in correspondence with the Products themselves.
PROFILE
means the area of the online Shop where Customers can, after authentication: (i) view and modify their personal data and the addresses where the Products covered by the Orders must be shipped and delivered; (ii) view previous Orders; (iii) access to any other specific function related to their activity in the Online Shop.
CONSUMER
according to the relative definition referred to in Article 3 of Legislative Decree no. 206/2005 is the natural person who acts for purposes unrelated to any business, commercial, artisanal or professional activity that may be carried out.
SERVICE
means the service offered in the online shop.
PRODUCT
means the good offered in the online shop.
DELIVERY COSTS
means the additional amount due for the delivery of the goods.
OBJECT
1.1 The General Conditions govern all the Contracts concluded between the parties and form an integral part of them.
1.2 The general contract conditions are modified from time to time also in consideration of any regulatory changes. The new general contract conditions will be effective from the date of publication on the online shop.
CUSTOMER REGISTRATION
2.1 Registration on the site allows the Customer to view recent orders, manage shipping and billing addresses, change the password and account details. The customer's data will then be stored and will form the profile and every time the LOGIN is made, the system will recognize and remember the data without the need to enter them every time.
2.2 The customer who registers will be asked for email and password.
NEWSLETTER
3.1 To subscribe to the newsletter, the customer must first accept the privacy policy. Consent is revocable at any time. Subscription to the newsletter will be validated through the Double opt-in system by sending a confirmation email and validation of the indicated email address.
PRICE
4.1 The Price is expressed in € (Euro). The applicable price is the one published in the online store at the time of sending the orders by customers.
4.2 The price is shown is inclusive of the value added tax (VAT) provided for the type of asset.
THE CART / SHOPPING CART
5.1 The trolley allows you to immediately check the products inserted, with their unit cost, VAT included. You can decide the quantities to buy for each type of product chosen or remove one or more products from the cart that you have decided not to want to buy anymore. A series of buttons allow you to:
* update the cart after making cancellations or changes in quantity;
* delete individually the products contained;
* return to the home page.
5.2 Once the cart has been filled with the desired products, it is possible to make the actual purchase and choose the form of payment. Before concluding the transaction, some data necessary for identification as a customer will be requested. The registered customer will be able to access the site immediately and order with a single click on the LOGIN button.
5.3 As soon as the order is completed, the Customer will receive a copy of the same by email containing the essential information relating to the Product purchased, the detailed indication of the price, the means of payment, the delivery costs.
5.4 The order can only be canceled until the product is shipped in the manner indicated in the order confirmation sent.
CONCLUSION OF CONTRACTS
The contract will be completed through the following phases:
6.1 By sending the Order, the Customer will send Masseria Fruttirossi Srl a proposal to purchase the selected Product or Products. The submission of the proposal will be considered as consent pursuant to the law to receive subsequent communications from Masseria Fruttirossi Srl described below, aimed exclusively at the conclusion and execution of the contract.
6.2 Masseria Fruttirossi Srl will send the Customer the Order Confirmation with assignment of an "Order number" which must be used in any further communication with Masseria Fruttirossi Srl
6.3 The Agreements are considered concluded between the Parties when the Customers receive the Order Confirmation with the assignment of the order number.
6.4 By sending the Orders, the Customers declare that they have read all the instructions relating to the method of purchase of the Products and that they have accepted the General Conditions in full and that they have read all the additional information contained on the Online Shop, also called via link.
6.5 Orders will be managed and archived at the Masseria Fruttirossi Srl headquarters.
6.6 Masseria Fruttirossi Srl reserves the right not to process purchase orders which do not give sufficient guarantees of solvency or which are incomplete or incorrect or in the event of unavailability of the products. Masseria Fruttirossi Srl also reserves the right to not proceed with purchase orders if the subjects to whom the delivery is to be made appear in conditions of manifest alteration. Masseria Fruttirossi Srl does not guarantee the certainty of the availability of the ordered goods and therefore reserves the right not to process purchase orders in the event of unavailability of the Products by promptly notifying the Customer. Any right of the Customer to compensation for damages or indemnity is excluded, as well as any contractual or non-contractual liability for direct or indirect damages to persons and / or things, caused by the non-acceptance, even partial, of an Order.
6.7 The Customer can purchase the products present in the electronic catalog of the on-line Shop. It is understood that the image accompanying the description of a product may not be perfectly representative of its characteristics but differ in terms of color, size, accessory products shown in the figure. The presentation of each product contained on the site is merely an example and does not constitute a certification or guarantee by Masseria Fruttirossi Srl on the actual characteristics and performance of the goods sold.
TERMS OF PAYMENT
7.1 Masseria Fruttirossi Srl allows Customers to pay through the payment systems supported by PayPal.
DELIVERY OF PRODUCTS
8.1 The Products are delivered to the address indicated by the Customers at the time of registration referred to in Article 3 or to the address indicated at the time of sending the Order in the "Shipping Details" section. The place of delivery of the Products cannot coincide with a public space or area. Masseria Fruttirossi Srl reserves the right not to deliver the Products subject to the order if the aforementioned circumstance occurs.
8.2 Customers are advised to pay particular attention to reporting the data relating to the delivery address (house number, surname on the bell, extension number, scale, etc.). Masseria Fruttirossi Srl disclaims any liability and any right of the Customer to compensation for damages or compensation in respect of missed or delayed deliveries determined by errors, inaccuracies or deficiencies regarding the address of the delivery address as indicated by the Customer in the Order is excluded.
8.3 The Customers, or other subjects appointed by the Customers who are at the address indicated for the delivery of the Products in the Order Confirmation, are required to verify, upon delivery, that the packaging / packaging of the Products is intact, not damaged or otherwise altered.
8.4 Any damage to the packaging / packaging of the Products must be immediately contested by the Customers by affixing a written control reserve on the proof of delivery (Waybill, Coupon, PDA or any other support proposed by the carrier). It is understood that once the delivery document has been signed without any objection, the Customers will no longer be able to raise any objection to Masseria Fruttirossi Srl with reference to the external characteristics of what has been delivered. In the event that the carrier has been chosen by the Customer out of those proposed during the purchase phase, the risk of damage and loss of the Products is transferred to the Customer already at the time of delivery to the carrier itself, precluding any dispute regarding the characteristics out of what delivered. In the latter case, any dispute must be made directly by the customer against the carrier.
8.5 The Products can be delivered by the employees of Masseria Fruttirossi Srl only to Customers or to persons authorized by them. The person to whom the Products are delivered must affix a signature to certify the delivery.
LEGAL GUARANTEE OF CONFORMITY
9.1 All the products sold enjoy the legal guarantee of conformity provided for in articles 128 et seq. of the Consumer Code which covers any lack of conformity of the items purchased, existing at the time of delivery of the aforementioned, which occur within 24 months of delivery. They are excluded from defects of conformity and, therefore, from the legal guarantee any defects or damages caused by accidental events or by the responsibility of the Customer for use of the products not compliant with the relative intended use or effect of normal wear. To benefit from this guarantee, the customer must report the lack of conformity within two months of discovery, under penalty of forfeiture with communication addressed to the Masseria Fruttirossi Srl headquarters, accurately indicating the defects and defects found.
9.2 The Customer may, at his option, ask the seller to repair or replace the goods, free of charge in both cases, unless the requested remedy is objectively impossible or excessively expensive compared to the other. The customer can request, at his choice, a reasonable price reduction or contract termination where: repair and replacement are impossible or excessively expensive; the seller has not repaired or replaced the goods within the appropriate term as provided for in paragraph 5 Art. 130 Consumer Code; the replacement or repair previously carried out has caused considerable inconvenience to the consumer.
SHIPPING FEES
10.1 Shipping costs are clearly specified in the product sheet and when completing the order. Customers can at any time check whether the product of their interest requires a contribution to transport costs or not by checking the presence of the appropriate wording Free Shipping.
Before the conclusion of the contract and before sending the order, the system will highlight the exact amount.
RIGHT OF WITHDRAWAL AND ITS EXCLUSIONS
11.1 Right of withdrawal
The Customer who for any reason is not satisfied with the purchase, has the right to withdraw from the contract without indicating any reason, within 14 days. The withdrawal period expires after 14 days from the day on which the Customer or a designated third party, other than the carrier, acquires physical possession of the goods. To exercise the right of withdrawal, the customer is required to inform Masseria Fruttirossi Srl of his decision to withdraw from this contract by means of an explicit declaration (e.g. letter sent by post, fax or e-mail).
The right of withdrawal - in addition to compliance with the terms and conditions described in the previous paragraphs - is understood to be exercised correctly if the following conditions are also fully respected:
- the Products are intact and are not damaged;
- the Products have not been used;
- the Products have been returned in their original packaging / packaging and which must be intact;
The right of withdrawal applies to the Products purchased in their entirety. It is not possible to exercise withdrawal only on part of the Product. The return costs will be borne by the customer who will choose at his discretion the methods and the carrier for the return.
11.2 The goods must be returned intact at the address
Masseria Fruttirossi Srl
Contrada Terzo Dieci, snc 74011 Castellaneta (TA)
The consumer is only responsible for the decrease in the value of the goods resulting from a manipulation of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.
11.3 Effects of withdrawal
In the event of exercise of the right of withdrawal, with respect for the terms indicated, Masseria Fruttirossi Srl will reimburse all payments received, including delivery costs (with the exception of additional costs deriving from the possible choice of a type of delivery other than the type less expensive standard delivery offered), without undue delay and in any case no later than 14 days from receipt of the declaration of withdrawal. The refund could be retained beyond 14 days only until the Customer has demonstrated that he has sent the goods back or until they have been received, whichever occurs first.
11.4 Exceptions to the right of withdrawal
The customer cannot exercise this right in the following cases provided for by art. 59 d) e) of the Consumer Code: the supply of goods that are liable to deteriorate or expire rapidly; the supply of sealed goods which are not suitable for return for hygienic reasons or connected to health protection and have been opened after delivery.
With reference to the cases of exclusion of the withdrawal listed above, the Customer, in particular, is informed and accepts that among the Products that "risk to deteriorate or expire rapidly" include all Food Products (including wines, spirits and drinks) as the characteristics and the qualities of these types of Products are subject to alteration also as a consequence of inappropriate storage. Therefore, for reasons of hygiene and customer protection, the right of withdrawal is applicable only for the Products purchased on the Site that can be returned to the online Store and put back on the market without endangering the health of consumers.
In cases of exclusion of the right of withdrawal, Masseria Fruttirossi Srl will return the purchased Products to the Customer, charging the shipping costs to the same.
MAJOR FORCE
12.1 Masseria Fruttirossi Srl will be released from the obligation of fulfillment and execution of this contract for reasons of force majeure, temporary or definitive such as - by way of example and without limitation - strikes, arrests, fires, natural and / or atmospheric events and for any other cause that occurred outside the control of Masseria Fruttirossi Srl and not attributable to the same, even pre-existing, which prevents or aggravates the total or partial execution of this contract.
ERRORS OR INACCURACIES IN THE ONLINE STORE
13.1 Masseria Fruttirossi Srl undertakes to constantly check the online store in order to avoid errors or inaccuracies. However, it is possible that the online store may contain, or may over time contain, errors, inaccuracies or omissions. Masseria Fruttirossi Srl therefore reserves the right to correct errors, inaccuracies or omissions contained in the online shop even after an order has been sent and also reserves the right to change or update the information at any time without prior communication to customers. .
INTELLECTUAL PROPERTY
14.1 All intellectual property rights connected to the online Store (including content and photographic images) are reserved. The online shop and its contents cannot be reproduced in whole or in part, transferred by electronic or conventional means, modified, connected and used for any purpose without the prior written consent of Masseria Fruttirossi Srl.
PRIVACY
15.1 Please view the dedicated page and in particular the Privacy Policy of Masseria Fruttirossi Srl
APPLICABLE LAW
16.1 The General Conditions and Contracts are governed by Italian law and in light of this they must be interpreted.
consider yourself prohibited. The images of the product packaging may differ in whole or in part from the originals.
