The goods covered by these general conditions are offered for sale by Masseria Casamassima based in Contrada da Casamassima S.S. 16 Km 873, 72017 Ostuni (BR) - Italy, VAT number 01483390744 hereinafter referred to as "Supplier".
Art. 1 Definitions
1.1. The expression "online sales contract" means the purchase and sale contract relating to the Supplier's movable tangible assets, stipulated between them and the Buyer as part of a remote sales system through telematic tools, organized by the Supplier.
1.2. The expression "Buyer" means the consumer who is a natural person who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activities carried out.
1.3. The expression "Supplier" means the person indicated in the epigraph or the person providing the information services.
Art. 2 Object of the contract
With this contract, the Supplier sells and the Purchaser purchases, remotely, through telematic tools, the tangible movable assets indicated and offered for sale on the website www.masseriacasamassima.com.
Art. 3 Methods of stipulating the contract
The contract between the Supplier and the Buyer is concluded exclusively through the Internet by accessing the Buyer at www.masseriacasamassima.com. By following the procedures indicated, the Buyer will formalize the proposal for the purchase of the goods and the contract for the purchase of the goods according to this contract.
Art. 4 Conclusion and effectiveness of the contract
4.1. The purchase contract is concluded through the exact compilation of the request form and the consent to the purchase expressed with online approval, always preceded by the display of an order summary. This summary is printable and must include:
- the details of the ordering party and of the order
- the price of the purchased good
- shipping costs and any additional accessory charges
- the terms and conditions of payment
- the address where the goods will be delivered
- delivery times
- the existence of the right of withdrawal.
4.2. When the Supplier receives the order, it sends the Buyer an e-mail confirming and order summary. The e-mail is printable and contains the data recalled in the previous point.
4.3. The contract is not considered perfected and effective between the parties if in default of what is indicated in the previous point.
Art. 5 Methods of payment and refund
5.1. The Buyer can only pay with the methods indicated by the Supplier on the appropriate web page.
5.2. Any reimbursement will be credited to the Purchaser through one of the methods chosen by him upon proposal by the Supplier. The reimbursement will take place in a timely manner and, in case of exercising the right of withdrawal, as governed by art. 12 of this contract, no later than 14 days from the date on which the Supplier became aware of the withdrawal.
5.3. All communications relating to payments take place on a specific line of the Supplier protected by an encryption system. The Supplier guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of the current legislation on the protection of personal data.
Art. 6 Delivery times and methods
6.1. The Supplier will deliver the ordered products, in the manner chosen by the Buyer or indicated on the website and as confirmed in the e-mail referred to in Art. 4.
6.2. Shipping times may vary from the day of the order to a maximum of 15 working days from the confirmation of the order. In the event that the Supplier is unable to ship within this period, the Buyer will be promptly notified by e-mail.
6.3. The shipping costs are identical on the Italian territory and set at € 9.00 (free shipping for orders starting from € 46.50) for any size and destination, while they vary depending on the country of destination and the weight in the case of international deliveries. Methods and costs are clearly indicated and well highlighted on the appropriate web page.
Art. 7 Prices
7.1. All sales prices of the products displayed and indicated on the website are expressed in euros and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code
7.2. The sale prices, referred to in the previous point, include VAT and any other taxes. Shipping costs and any additional charges (e.g. customs clearance), if present, even if not included in the purchase price, must be indicated and calculated in the purchase procedure before placing the order and also contained in the web page of summary of the order placed.
7.3. The prices indicated are those shown in the product sheet, which, added to any other products and shipping costs, make up the final purchase price. The prices indicated in the purchase confirmation phase remain valid. Should they be modified before payment or delivery, no integration will be applied to the customer.
Art. 8 Product availability
8.1. The Supplier ensures the processing and fulfillment of orders without delay.
8.2. If an order exceeds the quantity in the warehouse, the Supplier, by e-mail, will inform the Buyer if the good is no longer bookable or what are the waiting times to obtain the chosen good, then asking if you intend to confirm the order or not.
8.3. The Supplier's computer system confirms as soon as possible the registration of the order by sending the User a confirmation by e-mail, as indicated in point 4.2.
Art. 9 Limitation of Liability
9.1. The Supplier assumes no responsibility for delays or inefficiencies attributable to force majeure.
9.2. The Supplier cannot be held liable to the Purchaser, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet outside of its own control or of its subcontractors.
9.3. The Supplier will also not be liable for damages, losses and costs incurred by the Purchaser as a result of the non-execution of the contract for reasons not attributable to him. the Buyer is only entitled to a full refund of the price paid and any additional charges incurred.
9.4. The Supplier, if he proves to have adopted all possible precautions based on the best science and experience of the moment and based on ordinary diligence, assumes no responsibility for any use fraudulent and illegal that can be done by third parties, credit cards, checks and other means of payment used for the purchase.
9.5. In no case can the Purchaser be held responsible for delays or errors in payment if he proves that he has made the payment in the times and methods indicated by the Supplier.
Art. 10 Obligations of the Buyer
10.1. The Buyer agrees to pay the price of the purchased goods within the time and manner indicated in the contract.
10.2. The Buyer undertakes, once the online purchase procedure has been completed, to print and keep this contract.
10.3. The information contained in this contract is viewed and accepted by the Purchaser during the order phase as a mandatory step before confirming the purchase.
10.4. Upon delivery of the Products by the courier, the Purchaser undertakes to verify the integrity of the package that is delivered to him and the correspondence of the number of packages with respect to what is indicated in the transport document. The Purchaser is aware that if the package is altered he will have to refuse delivery with the express indication of "tampered package". The Purchaser is aware that any damage to the package or to the Products or the mismatch in the number of packages must be immediately contested by means of a descriptive report on the courier's proof of delivery, under penalty of forfeiture of the right to raise subsequent disputes regarding adequacy, integrity and completeness of the delivered package.
Art. 11 Replacement of Products
11.1. The Purchaser has the right to request the replacement of the Products, in the event of their possible damage during transport, if he has made the reservation of control indicated in the previous article 10.4. This right must be exercised by the Buyer, under penalty of forfeiture, no later than five (5) working days from receipt of the Product by sending an email to the Supplier at info@masseriacasamassima.com .
11.2. The Supplier undertakes to send the Buyer the replacement Products by means of its own trusted courier without additional shipping costs being charged within a reasonable time from the request.
Art. 12 Right of withdrawal
12.1. The Purchaser has in any case the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) working days, starting from the of receipt of the purchased good.
12.2. The Purchaser who purchased in Italy may therefore return, at the Supplier's expense, the Products purchased within 14 (fourteen) days of their delivery, provided that they have not been partially used. The Supplier undertakes to reimburse the sums already paid by the Purchaser as soon as possible and in any case within the term of 14 (fourteen) days from the date on which it became aware of the exercise of the right of withdrawal by of the Buyer.
12.3. The Purchaser must return the Products intact and unused, not even partially, in their original packaging to the Supplier. For sending, the external package can be used carefully opened and then closed or a new package, suitable for transport, closed and not accessible. The products must be delivered to the courier within 14 (fourteen) working days of their receipt. The return postage costs are the sole responsibility of the Buyer.
12.4. The Buyer undertakes to deliver the package, properly prepared, to the courier and to notify the Supplier of the withdrawal by sending an email to the address info@masseriacasamassima.com within the same period of 14 working days. If the delivery of the Products took place outside the Italian territory, the costs necessary for the return of the purchased Products remain the responsibility of the Purchaser. For more information on how to return, the Purchaser is invited to contact the company at the e-mail address info@masseriacasamassima.com
12.5. Supplier will contact the Purchaser by email if his return cannot be accepted because it does not comply with the conditions set out here.
12.6. The Buyer acknowledges and is aware that he will not be able to exercise the right of withdrawal in case of lack:
- the essential condition of integrity of the Product (packaging or its contents),
- or damage to the original packaging containing the
Product
- of essential elements of the Product.
12.7. The Purchaser acknowledges that the right of withdrawal cannot be exercised for highly perishable Products, which due to their consistency and nature are likely to alter or deteriorate rapidly.
12.8. If the Purchaser decides to exercise the right of withdrawal, he must notify the Supplier by registered letter with return receipt. at Contrada da Casamassima S.S. 16 Km 873, 72017 Ostuni (BR). Communications by fax to the number 0831 330265 or by e-mail to the e-mail info@masseriacasamassima.com are also valid, provided they are confirmed by sending recommended a / R at the address indicated above within the following 48 (forty-eight) hours. The stamp affixed by the post office on the receipt issued will be authentic between the Parties. For the purposes of exercising the right of withdrawal, the sending of the communication may validly be replaced by the return of the purchased good, provided that it is within the same terms. The date of delivery to the post office or forwarder will be valid between the Parties.
12.9. The only costs payable by the Buyer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Supplier, unless the Supplier accepts to take them on.
12.10. The Supplier will refund the full amount paid by the Buyer free of charge within 14 (fourteen) days of receipt of the notice of withdrawal.
12.11. When the Purchaser communicates the exercise of the right of withdrawal, the Parties to this contract are released from their reciprocal obligations, without prejudice to the provisions of the previous points of this article.
Art. 13 Causes for Resolution
13.1. Failure to comply with the essential obligations listed below are grounds for termination of the contract pursuant to art. 1456 of the Italian Civil Code, without the need for a judicial decision.
13.2. The essential obligations are:
- the obligations assumed by the Supplier as indicated in Article 6
- the guarantee of the successful completion of the payment made by the Buyer with the means indicated in paragraph 5.1
- the obligations assumed by the Buyer as in point 12.
Art. 14 Protection of confidentiality and processing of the Buyer's data
14.1. The Supplier protects the privacy of its customers and guarantees that the processing of data complies with the provisions of the privacy legislation pursuant to Legislative Decree 30 June 2003 n. 196 (code for the protection of personal data) and Legislative Decree 101/2018 containing the rules for adapting to the GDPR.
14.2. The personal and fiscal data acquired directly and / or through third parties by the Supplier, the data controller, are collected and processed in paper, IT, telematic form, in relation to the methods of treatment with the aim of registering the order and activating the procedures for the execution of this contract and the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow effective management of commercial relationships to the extent necessary to perform the requested service in the best possible way (Article 24, paragraph 1, letter b, Legislative Decree 196/2003).
14.3. The Supplier undertakes to treat the data and information transmitted by the Buyer confidentially and not to disclose them to unauthorized persons, nor to use them for purposes other than those for which they are been collected or to transmit them to third parties. Such data may only be exhibited at the request of the judicial authority or other authorities authorized by law.
14.4. Personal data will be communicated, after signing a commitment of confidentiality of the data, only to subjects delegated to carry out the activities necessary for the execution of the contract stipulated and communicated exclusively in the 'scope of this purpose.
14.5. The Buyer enjoys the rights set forth in art. 7 of Legislative Decree 196/2003, namely the right to obtain:
a) updating, rectification or, when interested, integration of data;
b) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including data which need not be kept for the purposes for which the data were collected or subsequently processed;
c) the attestation that the operations referred to in letters a) and b) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case in which this fulfillment is proves impossible or involves the use of means that are manifestly disproportionate to the protected right. The interested party also has the right to object, in whole or in part: i) for legitimate reasons, to the processing of personal data concerning him, even if pertinent to the purpose of the collection; ii) to the processing of personal data concerning him for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication.
14.6. The communication of personal data by the Purchaser is a necessary condition for the correct and timely execution of this contract. Failing that, the Buyer's request cannot be processed.
14.7. In any case, the acquired data will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. However, their removal will be done safely.
14.8. Owner of the collection and processing of personal data is the Supplier, to whom the Purchaser can address any request at the company headquarters.
14.9. Anything sent to the e-mail address (including electronic) of the Center (requests, suggestions, ideas, information, materials, etc.) will not be considered information or data of a confidential nature, it must not violate the rights of others and must contain valid information, not harmful to the rights of others and truthful, in any case the Center cannot be attributed any responsibility for the content of the messages themselves.
Art. 15 Method of archiving the contract
Pursuant to art. 12 of Legislative Decree 70/2003, the Supplier informs the Purchaser that each order sent is stored in digital / paper form on the server / at the headquarters of the Supplier itself according to criteria of confidentiality and security.
Art. 16 Communications and complaints
16.1. Written communications directed to the Supplier and any complaints will be considered valid only if sent:
- at the address: Contrada da Casamassima S.S. 16 Km 873, 72017 Ostuni (BR)
- to fax (+39) 0831 330265
- by e-mail to info@masseriacasamassima.com
16.2. In the registration form, the Purchaser indicates his residence or domicile, the telephone number or e-mail address to which he wishes the Supplier's communications to be sent.
Art. 17 Settlement of disputes
17.1. All disputes arising from this contract will be referred to the Perugia Chamber of Commerce and resolved according to the Conciliation Regulations adopted by the same.
17.2. If the Parties intend to appeal to the ordinary judicial authority, the competent court is that of the place of residence or domicile of choice of the Consumer, mandatory pursuant to art. 33, paragraph 2, lett. u) of Legislative Decree 206/2005.
Art. 18 Applicable law and reference
18.1. This contract is governed by Italian law.
18.2. Although not expressly provided here, the provisions of law applicable to the relationships and cases provided for in this contract apply, and in particular art. 5 of the Rome Convention of 1980.
18.3. Pursuant to art. 60 of Legislative Decree 206/2005, the discipline contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 is expressly referred to here.
Art. 19 Final clause
19.1. This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the Parties and concerning the subject of this contract.
19.2. The Buyer also declares to have read, read carefully, understood and specifically approve, pursuant to and for the purposes of art. 1341 of the Italian Civil Code and of Legislative Decree 6 September 2005 n. 206, the following clauses of these General Conditions, the title of which is given by way of example only: Art. 4 Conclusion and effectiveness of the contract, Art. 5 Methods of payment and reimbursement, Art. 7 Prices, Art. 10 Obligations of the Buyer, Art. 12 Right of withdrawal, Art. 13 Causes for termination, Art. 14 Protection of confidentiality and processing of the Buyer's data, Art. 17 Settlement of disputes, Art. 18 Applicable law and referral.