GENERAL TERMS AND CONDITIONS OF SALE
In this section you will find all the legal information that governs the access and use of Emporio Bruca srl Agricola.
Access to and use of this website, as well as the purchase of Emporio Bruca srl Agricola products, presuppose the reading, knowledge and acceptance of the following General Conditions of Sale.
We therefore invite you to regularly access this section to verify, before making any purchase, the publication of the most recent and updated General Terms and Conditions of Sale of www.terredibruca.it
- SCOPE OF
1) These General Conditions of Sale (“Conditions”) govern the sale of products and services through the Site and constitute an integral part of each Sales Contract (“Contract”) which is concluded via the Internet between:
- Emporio Bruca srl Agricola – P.I./C.F. 02358080816; Via Roma, 114, 91014 Castellammare del Golfo (TP) – Italy
– The seller –
- and any person who purchases products or services from the terredibruca.it site (the “Site”)
– The client –
2) Any Purchase Order of products at Emporio Bruca srl Agricola is governed by these Conditions, without prejudice to the Seller’s right to apply different and particular conditions.
The applicable conditions are those in force at the time of placing an order.
3) Emporio Bruca srl Agricola reserves the right to modify these General Conditions of Sale at any time, without notice.
4) These Conditions do not regulate the sale of products or the supply of services by subjects other than the Seller, which are present or referred to on the Site through links, banners or other links.
Therefore, in relation to these sales or services supplies, any form of liability of the Seller is excluded.
5) The Customer undertakes, before proceeding with the confirmation of his Order, to read these Conditions and to accept them by affixing a tick (flag) in the indicated box.
By placing an Order through the Site, the Customer guarantees both that he has the ability to act necessary to conclude legally binding contracts, and that he is 18 years old.
Customers who place orders through the site accept the terms and conditions as follows.
6) The Seller offers his products for sale within the stock limits available at the time of the Purchase Order. Orders may be subject to quantity limitations, minimum or maximum.
7) The Customer can only purchase the products present in the electronic catalog of the Site at the time of placing the Order, as described in the relevant information sheets.
The information on the products on the Site, such as technical specifications, images, dimensions or compatibility details, are not binding and can be subject to changes at any time.
8) The technical steps for placing an Order are clearly highlighted in the sequence of pages on the Site, through explanatory texts and graphics.
9) By clicking on “Order Confirmation”, the Customer will formulate to Emporio Bruca srl Agricola a contractual purchase proposal concerning the items contained in the Shopping Cart.
Receipt of the Order does not constitute acceptance of the purchase contract proposal.
10) To complete the Order, the following formalities must be successful:
- a) reading and accepting the Customer, through “point and click”, of these Conditions;
- b) electronic compilation by the Customer – by entering all the required data – of the Order Form, which contains a summary of the essential characteristics of each chosen product or service and the relative price; the means of payment for which the customer has opted; the methods of delivery of the products purchased; the times and costs of shipping and delivery; of the conditions for exercising the Customer’s right of withdrawal and for the application of the legal guarantee of conformity; the methods and times for returning the purchased products;
- c) payment, in favor of the Seller, of the price of the product (s) purchased by the Customer, including shipping and delivery costs;
- d) automated forwarding of the Order Form to the Seller electronically;
- e) receipt of the Order Form electronically by the Seller.
The execution of the Order implies the express recognition by the Customer of the obligation to pay.
11) The correct receipt of an Order is confirmed by Emporio Bruca srl Agricola by e-mail to the e-mail address communicated by the Customer
This confirmation is automatically generated by the system and cannot be considered per se acceptance of the Order, but only confirmation of receipt of the same.
The confirmation e-mail repeats all the data entered by the customer, who undertakes to verify its correctness and to promptly communicate any corrections.
12) Following the receipt of an Order, Emporio Bruca srl Agricola will verify the availability of the products ordered and, only after this verification, will communicate its acceptance of the Order, by sending the Order Acceptance Receipt to the Customer.
The Contract ends with the receipt by the Customer of the acceptance of the Order in the form of a Receipt sent by Emporio Bruca srl Agricola, or, in the absence of such acceptance, with the delivery of the items covered by the Order.
Once the Order Acceptance Receipt has been sent to the Customer, it will no longer be possible to modify or cancel the Order, without prejudice to the right of withdrawal under the terms and conditions set out in Section VI of these Conditions below.
13) If Emporio Bruca srl Agricola is unable to process an Order received, it will promptly notify the Customer, and in any case before sending the Order Acceptance Receipt to the latter, except as provided for in the following art. 14, paragraph 2.
In any case, Emporio Bruca srl Agricola reserves, in its total discretion, the right to refuse an Order, to set purchase limits and to require advance payment.
Each Contract will only concern the products expressly and specifically indicated in the Purchase Order.
Any form of liability, contractual or non-contractual, deriving from the non-acceptance of an Order is excluded.
14) The Seller will have the right not to process Purchase Orders made in accordance with the provisions of the previous provisions, in the event that the Customer has not made the payment for the products; or in the event that the customer’s data is incomplete and / or incorrect; or even in the event that the products ordered are not, even temporarily, available.
If the Seller does not process a Purchase Order made by the Customer, the Seller will promptly inform the Customer, by e-mail, of the foregoing and will reimburse any amount already paid by the Customer.
III. PAYMENT OF THE PRICE
15) The price of the products ordered is the one in force on the day the Order is placed and must be paid to the Seller in accordance with the previous article 10, lett. c).
Shipping costs are not included in the purchase price, but are indicated and calculated at the time of the conclusion of the Order and before making the payment.
Unless otherwise provided, all prices shown on the Site are to be understood as inclusive of VAT.
Emporio Bruca srl Agricola reserves the right to change prices at any time, without notice, unless the Customer’s Order has already been confirmed by the Seller pursuant to art. 12.
In the event of a price change after the Customer has sent the Order and before the Seller confirms it, the latter will promptly communicate the new price to the Customer by e-mail, who will be able to accept the change. or refuse it and, consequently, renounce the Order, at no additional cost.
Acceptance of the change must be communicated to Emporio Bruca srl Agricola, by e-mail or fax, within 7 days of its communication. Otherwise, the change will be considered tacitly rejected and the Order will be deemed canceled.
16) The Customer can pay for the products ordered through one of the payment methods indicated on the Site.
In the case of payment by credit card, the purchase amount will be charged to the Customer after the conclusion of the Order on the Site.
In the case of cash payment, the amount of the Order will be charged to the Customer upon delivery of the products.
In the case of payment by bank transfer, the Customer will receive the bank details attached to the Order Form: the Order will be processed only after receipt of the credit by the Seller.
The related financial information will be managed only by the payment circuits or by the credit institution.
The aforementioned information may be used by the Seller only to complete the procedures relating to the payment of the products or services, or to provide refunds following the exercise by the Customer of the right of withdrawal referred to in the following Section VI of these Conditions.
- SHIPPING AND DELIVERY OF PRODUCTS
17) Orders are processed from 9.00 to 17.00, from Monday to Friday. Orders placed after 5pm on Friday will be processed on the following Monday.
Except as otherwise provided in the Order Form, Emporio Bruca srl Agricola will ship the products purchased by the Customer, by courier, to the address indicated by the same, indicatively within 24 working hours from the acceptance of the Order.
Delivery takes place no later than 30 days from the acceptance of the Order.
Emporio Bruca srl Agricola assumes no responsibility for disservices attributable due to force majeure or unforeseeable circumstances, even if they are dependent on malfunctions and disservices of the internet, in the event that it is unable to execute the Order within the time specified in the Contract.
18) If the products purchased were to be delivered outside the national territory, the Customer is responsible for paying any import charges and taxes, as well as for any duties and customs duties provided for by the legislation in force in the territory of destination of the products.
19) The courier is responsible for the delivery. Emporio Bruca srl Agricola undertakes to collect any reports of non-delivery or delayed delivery of the products.
20) Any damage to the packaging and / or products, or the mismatch in the number of packages or indications, must be immediately reported to the courier through a specific indication on the delivery document.
By signing the delivery document and in the absence of the aforementioned disputes, the Customer certifies the real material integrity of the products and the conformity of the delivery.
The facts referred to in paragraph 1 of this article must be reported, by e-mail, to the Seller within 8 days of delivery, attaching the invoice (if issued) and the copy, pertaining to the Customer, of the waybill of the Courier service.
21) The Seller will issue an invoice for each Customer who has requested it and who, for this purpose, has entered their tax code and VAT number in the appropriate Order Form. In this sense, the information as provided by the Customer at the time of the Order is authentic.
No invoice can be issued after submitting the Order Form, if not requested at the time of placing the Order itself.
No modification of the invoice will be possible after its issue.
When ordering, it is necessary to indicate whether the shipping address is different from the billing address.
If the customer decides not to enter his tax code or VAT number with respective SDI, Emporio Bruca srl Agricola will not issue an invoice.
- RIGHT OF WITHDRAWAL AND RETURNS
22) Except as provided by art. 59 of Legislative Decree n. 206/2005, for the purchase of machines and / or accessories, or of other products, made through the Site, it will always be possible to exercise the right of withdrawal, based on the provisions of the law, within 14 days from delivery of the products, contacting the Seller for the return procedure.
The goods must be returned, at the care and expense of the customer, within 14 days from the date on which the customer communicated his decision to withdraw to Emporio Bruca srl Agricola.
In the case of open and / or partially used products, the right of withdrawal does not apply and Emporio Bruca srl Agricola will inform the customer by e-mail. In this case, the Customer may request the Seller, by e-mail, to return the purchased products at his own expense. Otherwise, the Seller reserves the right to retain both the products and the amount corresponding to the purchase of the products themselves.
Emporio Bruca srl Agricola will only accept returns of goods in perfect condition and in their original packaging, accompanied by the relevant purchase invoice or, if missing, by the relative Order Acceptance Receipt.
In the case of service contracts, the withdrawal period ends after 14 days from the day of the conclusion of the contract in the forms referred to in the previous art. 12.
23) Except for exceptional exceptions, the return of food products, such as capsules, biscuits, coffee, sugar purchased on the Site will not be accepted.tati sul Sito.
24) Except as provided in the previous provisions, once the return of the products has been obtained, Emporio Bruca srl Agricola will refund the amount actually paid by the Customer, using the same payment method chosen by the Customer during the purchase phase.
In the case of payment made by bank transfer, the Customer must communicate to the Seller the relevant bank details necessary for making the refund.
If there is no correspondence between the recipient of the products indicated in the Order Form and the person who made the payment of the sums due for their purchase, the refund of the sums deriving from the withdrawal will be made by the Seller against the person who made the payment.
The refund of the price paid by the Customer for the purchase of the products includes the shipping costs incurred at the time of placing the Order.
25) All products, other than food, sold by Emporio Bruca srl Agricola, are covered by legal guarantees.
26) The guarantee consists in the replacement, at the care and expense of the Seller, of the defective, incorrect or damaged products; or, if the replacement of the products is impossible or excessively onerous for the Seller, the guarantee will consist of a reasonable reduction in the price; or, again, in the termination of the contract, where the degree of non-conformity of the product is such as not to make a mere reduction in the price acceptable.
In the case of defective, incorrect or damaged products, the Customer will contact the Seller promptly, and in any case no later than the deadline referred to in article 27, by e-mail at email@example.com, indicating the problem arisen.
To the aforementioned written communication it will be necessary to attach photographic material certifying the originality of the packaging, the cardboard inserts, as well as relating to the products received.
In the case of defective products, in addition to the communication referred to in the second paragraph of this article, the Customer is required to keep and return to the Seller the bottles purchased with at least ¾ of the content with the relative well-sealed original caps. Upon receipt of the goods and ascertained the anomaly, the Seller will replace or refund the returned product.
27) The guarantee is subject, under penalty of forfeiture, to the reporting of the defect or lack of quality, within 2 months from the moment the customer has received the purchased products.
28) The guarantee, however, loses all effectiveness when changes have been made by the Customer on the products.
VIII. RULES OF LAW APPLICABLE AND JURISDICTION
29) These General Conditions of Sale and the Contract are governed by Italian law, except as provided for in the Vienna Convention of 1980.
30) Any dispute that arises from the application of these Conditions or from the Contract will be subject to the jurisdiction of the Italian judge, according to the provisions of current Italian legislation.