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• TERMS AND CONDITIONS OF SALE – DEFINITIONS – Consumer shall mean any individual person who purchases goods and services from the Vendor (Fattoria di Monticello Soc. Agr. S.r.l. with address at Voc. Ponetro, 66 Fraz. Ripalvella 05010 San Venanzo (TR) – Italy, VAT number 01385950553 registered with the Chamber of Commerce of Terni under Economic Administrative Database (“REA”) number TR92923), the Vendor being the legal person that provides goods or services through online selling (i.e. through agreements stipulated entirely within the remote communications network commonly known as “the Internet”). • PRODUCT CHARACTERISTICS – The key characteristics of the products subject matter hereof are described in detail and pictured in our online catalogue. • SELLING PRICE – All the selling prices of the products listed in the online catalogue are inclusive of VAT and all other taxes. • TERM OF VALIDITY OF OFFERS AND PRICES – The prices of the products are those shown in the online catalogue; any change in, or revocation of, our offers shall be governed by Article 1336 of the Italian Civil Code. • PAYMENT – The Consumer may pay for the goods or services according to the instructons given from time to time in the website, i.e. via a credit card issued by a bank outside the Vendors’ organization, or by wire transfer to the Vendor’s name credited to the Vendor’s bank indicated in the website. In case of payment by credit card, by filling in the dedicated form in the website, the Consumer authorizes the Vendor to use the Consumer’s credit card and charge the relevant current account, in favour of the Vendor, with the total amount shown as cost of the online purchase transaction. The entire procedure will take place via direct secure connection to the online payment system PayPal, that owns and runs the online payment service, to which the Vendor has no access. • EXECUTION OF THE AGREEMENT – The agreement shall be deemed as executed as soon as the Consumer performs the following actions: a. Filling out of the online form with the Consumer’s details. b. Selection of the form of payment chosen. c. Final order submission, which implies acceptance of the sales terms. The Consumer undertakes and agrees, after completing the online purchase procedure, to print and keep these Terms and Conditions of Sale, that the Consumer will already have read and accepted as part of the purchasing process, as well as the specifications of the purchased product(s), in order to meet the conditions provided for by articles 3 and 4 of Legislative Decree no. 185/1999. The Consumer shall not enter false and/or made-up details when registering in order to put this agreement into effect and receive further communications related hereto; the personal details and e-mail address shall be solely those of the Consumer and of no other third party, nor fictional. The Vendor reserves the right to take legal action against any violation and abuse in this respect, in the interest and for the safeguard of all consumers. The Consumer shall elect domicile at the address entered in the online form. By entering his/her telephone number, fax number and e-mail address, the Consumer agrees to the use of such information by the Vendor. If the purchase is made by a minor, the agreement will be deemed as not executed. • PRODUCT DELIVERY TERMS – The goods ordered will be delivered to the Consumer by GLS overnight courier, or similar courier chosen by the Vendor, ideally within seven days from the day following receipt of payment confirmation for the goods ordered, it being understood that no delay in delivery will represent grounds for terminating the contract nor give title to any refund, except as provided by art. 6 of Legislative Decree no. 185/1999. The Vendor guarantees the availability of the products listed in its online catalogue as of the date of its publication, but cannot guarantee that orders for out-of-stock items will be processed, in which case the Consumer will be advised and will be refunded of any amount already paid, on the terms and in the manner specified in art. 6(2) of Legislative Decree no. 185/1999. • LIABILITY – The Vendor takes no liability for disruption of service caused by circumstances of force majeure such as accidents, explosions, fire, riots, strikes and/or lockouts, earthquakes, floods, damage to computer systems, system downs, and other similar events that prevent, in whole or in part, to perform by the agreed deadlines. The Vendor will not be deemed liable for any damage, loss and/or expense incurred as a result of non-performance for the reasons mentioned above, and the Consumer will only be entitled to receive a refund equal to the price paid. In the same way, the Vendor shall not be liable for any fraudulent and illegal use of credit cards, cheques or other payment means. In fact, the Vendor has no means to know the number of the Consumer’s credit card, at no stage of the purchasing process, as all credit card numbers are forwarded direct to the payment service operator via secure connection. • WARRANTIES AND CUSTOMER SUPPORT – The Vendor distributes high-quality products, the warranties for which are provided direct by the original manufacturers. The reference regulations and the forms of enforcing the warranties shall be as indicated by the original manufacturers and attached to the products. • CONSUMER’S RIGHT TO WITHDRAWAL – The Consumers who, for whatever reason, are not satisfied with their purchase are entitled to withdraw from the agreement, without any penalty and without specifying the reason, within 10 business days from the date of delivery of the products. While not required under the law, in order to improve our services a brief explanation of the reasons for such withdrawal would be very much appreciated. The right to withdrawal is exercised by sending to the Vendor’s address, within the specified term, a written notice by registered letter return receipt requested; notwithstanding the provisions in art. 5(4) of Legislative Decree no. 185/1999, the notice may also be sent, within the same term, also by telegram, facsimile or e-mail (the e-mail address is available on the website). If the products have been delivered, the Consumer shall, at its own care and expense, return them or make them available to the Vendor or its designee within 10 business days from receiving the products, subject to first stating in writing the form chosen for returning the products; in the absence of such statement, the products will be deemed returned by post. All the products shall be returned complete in all their parts and in their original packaging; otherwise, the right of withdrawal will be forfeited. If the Consumer exercises the right of withdrawal as above, the Vendor shall return the amounts already paid by the Consumer within 30 days from the date when the Vendor has learned of the exercise of withdrawal by the Consumer. If the products were paid by credit card, the Vendor shall credit the amount, through the card issuer company, to the Consumer’s card. • TERMINATION OF AGREEMENT AND EXPRESS TERMINATION CLAUSE – The Vendor is entitled to terminate the agreement, giving notice thereof to the Consumer. In that event, the Consumer will only be entitled to be refunded of any amounts already paid. The Consumer’s obligations and the guarantee of payment in cleared funds given by the Consumer by the means provided for in article 6 are of essence; therefore, the parties expressly agree that a breach by the Consumer of even one of said obligations will determine the termination of this agreement pursuant to Article 1456 of the Italian Civil Code, with no need for judicial action, without prejudice of the Vendor’s right to sue for additional damages, where applicable. • PRIVACY POLICY – The Consumer’s personal details are collected for the purpose of registering them and starting the procedures for putting this agreement into effect and giving the relevant required communications; the Consumer’s details are processed by electronic means in compliance with the laws in force and may only be disclosed by an order of the Court or of any other authority entitled thereto under the law. The Consumer’s personal details will be disclosed to the persons in charge of carrying out the necessary activities for the performance of the executed agreement, and disseminated solely within the framework of such purpose. The Consumers who have provided their details have the rights set forth in art. 7 of Legislative Decree 196/03, i.e. the right to: learn, by direct access to the records, about the existence of details processed concerning them; ask confirmation of the presence of their personal details at the Vendor’s offices; learn about the source of such details and the rationale and purposes of their processing; request their update, correction and integration; request their cancellation, anonymization or block in case of illegal processing, and be assured that such actions are brought to the knowledge of the persons to whom the details were disclosed or disseminated; oppose to the processing of their details for legitimate reasons or when they are used for sending advertising materials, commercial information, market surveys, direct selling and interactive commercial communications; be informed, upon the moment when their details are disclosed and disseminated, of their possibility to exercise their rights free of charge. The Data Controller and Manager is Fattoria di Monticello Soc. Agr. S.r.l. • CANCELLATION OF ORDERS – The Customers who decide to cancel a submitted order must send an e-mail within 12 hours to info@fattoriadimonticello.it writing in the subject line: "cancellation of order no." and reporting the same personal details given when placing the order. • COMPLAINTS – Customers wishing to complain about any product may do so by sending an e-mail to info@fattoriadimonticello.it • GOVERNING LAW AND JURISDICTION – All controversies relating to the enforcement, performance, interpretation and violation of this agreement are subject to the laws of Italy. All controversies between the parties concerning this agreement, if arising in the territory of Italy, shall always be subject to the jurisdiction of the Courts of Terni.
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Privacy Policy of www.fattoriadimonticello.it This Application collects some Personal Data from its Users. Data Controller and Owner Fattoria di Monticello Soc. Agr. srl - Voc. Ponetro, 66 Fraz. Ripalvella / 05010 San Venanzo (TR) / Italia, pec.fattoriadimonticello@pec.it Types of Data collected Among the types of Personal Data that this Application collects, by itself or through third parties, there are: Cookies, Usage Data, first name, last name and email address. Other Personal Data collected may be described in other sections of this privacy policy or by dedicated explanation text contextually with the Data collection. The Personal Data may be freely provided by the User, or collected automatically when using this Application. Any use of Cookies - or of other tracking tools - by this Application or by the owners of third party services used by this Application, unless stated otherwise, serves to identify Users and remember their preferences, for the sole purpose of providing the service required by the User. Failure to provide certain Personal Data may make it impossible for this Application to provide its services. Users are responsible for any Personal Data of third parties obtained, published or shared through this Application and confirm that they have the third party's consent to provide the Data to the Owner. Mode and place of processing the Data Methods of processing The Data Controller processes the Data of Users in a proper manner and shall take appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data. The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Data Controller, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of the site (administration, sales, marketing, legal, system administration) or external parties (such as third party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Data Controller at any time. Place The Data is processed at the Data Controller's operating offices and in any other places where the parties involved with the processing are located. For further information, please contact the Data Controller. Retention time The Data is kept for the time necessary to provide the service requested by the User, or stated by the purposes outlined in this document, and the User can always request that the Data Controller suspend or remove the data. The use of the collected Data The Data concerning the User is collected to allow the Owner to provide its services, as well as for the following purposes: Displaying content from external platforms and Contacting the User. The Personal Data used for each purpose is outlined in the specific sections of this document. Detailed information on the processing of Personal Data Personal Data is collected for the following purposes and using the following services: Contacting the User Displaying content from external platforms Cookie Policy This Application uses Cookies. To learn more and for a detailed cookie notice, you may consult the Cookie Policy. Additional information about Data collection and processing Legal action The User's Personal Data may be used for legal purposes by the Data Controller, in Court or in the stages leading to possible legal action arising from improper use of this Application or the related services. The User declares to be aware that the Data Controller may be required to reveal personal data upon request of public authorities. Additional information about User's Personal Data In addition to the information contained in this privacy policy, this Application may provide the User with additional and contextual information concerning particular services or the collection and processing of Personal Data upon request. System logs and maintenance For operation and maintenance purposes, this Application and any third party services may collect files that record interaction with this Application (System logs) or use for this purpose other Personal Data (such as IP Address). Information not contained in this policy More details concerning the collection or processing of Personal Data may be requested from the Data Controller at any time. Please see the contact information at the beginning of this document. The rights of Users Users have the right, at any time, to know whether their Personal Data has been stored and can consult the Data Controller to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, cancelled, updated or corrected, or for their transformation into anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. Requests should be sent to the Data Controller at the contact information set out above. This Application does not support “Do Not Track” requests. To determine whether any of the third party services it uses honor the “Do Not Track” requests, please read their privacy policies. Changes to this privacy policy The Data Controller reserves the right to make changes to this privacy policy at any time by giving notice to its Users on this page. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom. If a User objects to any of the changes to the Policy, the User must cease using this Application and can request that the Data Controller remove the Personal Data. Unless stated otherwise, the then-current privacy policy applies to all Personal Data the Data Controller has about Users. Information about this privacy policy The Data Controller is responsible for this privacy policy, prepared starting from the modules provided by Iubenda and hosted on Iubenda's servers. Definitions and legal references Personal Data (or Data) Any information regarding a natural person, a legal person, an institution or an association, which is, or can be, identified, even indirectly, by reference to any other information, including a personal identification number. Usage Data Information collected automatically from this Application (or third party services employed in this Application), which can include: the IP addresses or domain names of the computers utilized by the Users who use this Application, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User's IT environment. User The individual using this Application, which must coincide with or be authorized by the Data Subject, to whom the Personal Data refers. Data Subject The legal or natural person to whom the Personal Data refers. Data Processor (or Data Supervisor) The natural person, legal person, public administration or any other body, association or organization authorized by the Data Controller to process the Personal Data in compliance with this privacy policy. Data Controller (or Owner) The natural person, legal person, public administration or any other body, association or organization with the right, also jointly with another Data Controller, to make decisions regarding the purposes, and the methods of processing of Personal Data and the means used, including the security measures concerning the operation and use of this Application. The Data Controller, unless otherwise specified, is the Owner of this Application. This Application The hardware or software tool by which the Personal Data of the User is collected. Cookies Small piece of data stored in the User's device. Legal information Notice to European Users: this privacy statement has been prepared in fulfillment of the obligations under Art. 10 of EC Directive n. 95/46/EC, and under the provisions of Directive 2002/58/EC, as revised by Directive 2009/136/EC, on the subject of Cookies. This privacy policy relates solely to this Application.
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