1. DEFINITION AND OBJECT OF AGREEMENT
This contract (“Contract”) is a distance contract within the meaning envisaged in art. 50 et seq. of Legislative Decree no. 206 dated 6th September 2005 (“Consumer Code”). The object of the Contract is the sale of foodstuffs and non-food products belonging to the company’s own range, between CiaoBio by Agricola Grains SpA, whose registered office is situated in Arre, Padova, Via Sorgaglia 11, Tax code, Companies Registry and VAT reg. no. 02435810284 (“CiaoBio by Agricola Grains”), and the consumer (the “Customer”).
The general conditions constitute an integral part of any offer, purchase order and order confirmation for the purchase of the Products marketed by Agricola Grains in force on the date of the order in question.
The general conditions relate exclusively to the sale to a consumer customer as specified above..
2. CONTRACTUAL FORMALITIES
All contracts are stipulated exclusively with access by the Customer to the Site, using distance communication technology via the Internet network.
All purchase orders transmitted to CiaoBio by Agricola Grains must be completed correctly and in full and must contain the information necessary to identify with precision the Products ordered, the Customer and the place to which the Products are to be delivered.
The purchase order transmitted represents a valid contractual offer by the Customer made online.
The order confirmation from CiaoBio by Agricola Grains transmitted to the Customer at the electronic mail address indicated by it, confirms the data contained in the order and constitutes acceptance of the contractual offer.
The contract is taken to have been stipulated and is binding on both parties at the moment at which the purchase order confirmation is sent to the Customer.
CiaoBio by Agricola Grains reserves the right not to accept orders that are incomplete or have not been duly completed..
3. MINIMUM ORDER AMOUNT
4. DELIVERY DATES AND METHODS
CiaoBio by Agricola Grains shall provide for the Products, selected and ordered in the manner described in the foregoing article, to be delivered to the Customer by a trusted courier and/or shipping agent.
The goods are delivered to the address specified when the order is placed and may differ from the Customer’s address.
In any event, delivery dates must not, according to the provisions contained in art. 6 of Legislative Decree no. 185/1999, be fixed more than 30 days from the day following the date on which the order was transmitted to CiaoBio by Agricola Grains.
If the Customer wishes to change the address for delivery of the goods, after it has forwarded the order, it can contact the Customer Service by e-mail and request that the variation be made: the request will be accepted if the order has not yet been processed.
The costs incurred in delivering the Products are borne by the Customer.
Delivery of the Products is conditional upon payment by the Customer of the relevant price by whatever means is chosen from amongst those made available by CiaoBio by Agricola Grains.
Delivery conditions and terms differing from those envisaged in the General Conditions must be agreed upon in advance by the Customer and CiaoBio by Agricola Grains and accepted by the latter in writing.
All sale prices of the Products indicated on the Site are expressed in Euros.
Unless otherwise indicated, the prices of Products are inclusive of VAT and any other tax. The prices applying to individual Products, indicated from time to time on the Site, cancel and replace those previously in force.
6. LIABILITY OF CIAOBIO BY AGRICOLA GRAINS
CiaoBio by Agricola Grains does not accept any liability stemming from the use to which the Customer intends to put the goods it has purchased. If the goods are found to be “defective”, the only obligation imposed on CiaoBio by Agricola Grains is to replace them. Under no circumstances will CiaoBio by Agricola Grains be held liable for loss of profit by the Customer.
Reasons of force majeure are, for example but not limited to, measures taken by the public authorities, national strikes, employee walkouts or strikes by the hauliers that serve CiaoBio by Agricola Grains, and any other circumstances that are beyond the company’s control.
7. OBLIGATIONS OF CUSTOMER
The Customer undertakes, once the procedure online has been completed, to print and keep these General Conditions. The information contained in the General Conditions is examined and accepted by the Customer before he sends the purchase order, that is, thereby fully satisfying the conditions laid down in articles 3 and 4 of Legislative Decree no. 185/1999. Acceptance is expressed by marking the space provided on the site. If this is not done, the order cannot be processed.
8. RIGHT OF WITHDRAWAL
Should the customer wish to cancel an order, an email must be sent to the Customer Service Department with the cancellation request, which will be accepted as long as the order has not already been evaded.
Pursuant to art. 5 of Legislative Decree, should the customer be dissatisfied with the purchase, for any reason whatsoever, they have the right to withdraw from the sales agreement and to return any delivered products, without being subject to any penalty or having to specify the reason.
The right of withdrawal may be exercised exclusively by sending a registered letter with proof of receipt to CiaoBio by Agricola Grains, Via Sorgaglia 11, 35020 Arre, Padua, Italy, to the Customer Service Department, within 14 days at most from the date the products are received. The aforesaid communication may also be sent within the same term of ten days by telegram or fax to +390495310411, as long as written confirmation is then sent by registered letter with proof of receipt within 48 hours after sending the telegram or fax.
Once withdrawal has been exercised at the above conditions, the amount paid for the products and the dispatch will be credited to the customer alternatively:
a) by bank transfer to the customer’s account.
b) by cheque
9. PRODUCT WARRANTY
A Customer purchasing from CiaoBio by Agricola Grains is entitled to return the products purchased and to ask for the goods to be replaced if they have been damaged during transportation or the seals have been broken. This right must be exercised by the Customer, upon pain of forfeiture, by and not beyond two days from receipt of the pack, contacting CiaoBio by Agricola Grains as indicated in section 12.
10.PROMOTIONAL OFFERS AND FREE GIFTS
Promotional offers made by CiaoBio by Agricola Grains are valid until the stock of Products runs out and within the purchasing limits indicated on the site.
Promotional offers cannot be accumulated.
If a Special Offer made by CiaoBio by Agricola Grains provides for a free Product to be sent together with one or more Products that have been purchased, the Customer will only receive the Product free of charge if he expressly accepts it by placing it in his shopping cart.
The offer of a free Product is valid until stocks run out. No Products received free of charge by the Customer can be replaced or returned.
11. PAYMENT METHODS
The Customer may pay for Products ordered by:
- Paypal Standard;
- credit card;
- advance bank transfer.
- cash on delivery (ITALY ONLY).
If an invoice is required, the Customer must make a specific request indicating his VAT registration number when placing the order.
Payment can be made by credit card through a direct link-up to the Bank CASSA DI RISPARMIO DEL VENETO - Filiale di Conselve, which makes available a system that is very simple to use, yet at the same time, guarantees that payments are made in total security. Bank connections, for payments by credit card, are totally secure and offer greater security than normal everyday operations: the system allows the credit card holder to supply his data directly to the bank and not to the store online. CiaoBio by Agricola Grains does not receive any data relating to the credit card, which are therefore passed on solely to the Bank CASSA DI RISPARMIO DEL VENETO - Filiale di Conselve, thereby guaranteeing the consumer greater security.
If payment by bank transfer is chosen, the transfer must be made in favour of:
“CiaoBio by Agricola Grains, Via Sorgaglia 11, 352020 Arre, Padova”
Bank coordinates for transfers Country Check-Digit CIN code
ABI code CAB code Current A/C no. BIC/SWIFT
IBAN IT code
If payment is made by bank transfer, the order will be processed once CiaoBio by Agricola Grains has checked that the amount has been received. In order to speed up the processing of orders, the consumer should indicate in the description of the transfer the name of the Customer and the order number.
Any dispute relating to the application, execution, interpretation or breach of the contract entered into online by the Customer with CiaoBio by Agricola Grains is subject to Italian jurisdiction. Any dispute between the parties regarding the contract shall be referred to the Court having jurisdiction over the place in which the Customer either resides or is domiciled, if located within Italy.
If the Customer’s domicile or place of residence is situated outside the territory of Italy, jurisdiction lies with that of the area in which the contract was executed.
13. APPLICABLE LAW
Contracts entered into online by the Customer and CiaoBio by Agricola Grains are regulated by Italian law. With regard to any matter not expressly dealt with, legal provisions regulating relations and cases envisaged in the contract entered into online by the Customer and CiaoBio by Agricola Grains shall apply. Pursuant to articles 1341 and 1342 of the Italian Civil Code, the Customer declares that he has carefully read and expressly accepts, in particular, the following clauses in the General Conditions of sale applied by CiaoBio by Agricola Grains.
To give notification as provided for in the General Conditions of sale, the Customer may contact:
CiaoBio by Agricola Grains in the following manner:
from Italy and from abroad:
Tel. +39 0495389722.
commerciale (at) ciaobio.it