Terms and conditions
These general conditions can be updated or modified at any time by AGRARIA GIOIESE which will communicate them through the appropriate communication channels to customers. The consumer undertakes and obliges, whenever a modification of these general conditions occurs, to provide for their printing and storage.
1. OBJECT OF THE ONLINE CONTRACT AND ITS DEFINITION
By "online" sales contract we mean the distance contract and that is the legal transaction concerning movable property and / or services stipulated between a supplier, AGRARIA GIOIESE, with registered office in GIOIA TAURO (RC) - Via NAZIONALE 18, 153 and a consumer and / or customer in the context of a distance selling system organized by the supplier who, for this contract, exclusively uses the distance communication technology called "internet". All contracts, therefore, will be concluded directly through access by the consumer and / or customer to the website corresponding to the address www.decarishop.it where, following the indicated procedures, he will conclude the contract for the purchase of the good. AGRARIA GIOIESE may at its discretion request a confirmation of the order placed from the consumer and / or customer. By consumer we mean any natural person who, in contracts for the sale of consumer goods, acts for purposes unrelated to any business activity carried out. For distance contracts with consumers, the legislation provided for in section II of Legislative Decree no. 206 of 6 September 2005.
2. SALE PRICES AND PURCHASE METHODS
All sales prices of the products displayed and indicated on the website, for which they constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code, are inclusive of I.V.A. and all other taxes. A contribution for shipping costs will be charged to the customer, clearly displayed before the completion of the order, variable in relation to the weight, dimensions and destination (on Italian or foreign territory) of the order; as for the destination abroad, it will be the responsibility of the consumer and / or customer to verify the additional costs relating to the State in which the delivery must be made by sending a specific written request via e-mail (firstname.lastname@example.org) or fax (+39 0966 39 31 192).
The purchase contract is concluded through the exact compilation and the consent to the purchase expressed through the adhesion given "online" or by signing the order form attached to the electronic catalog on the site. The customer can pay for the goods ordered through the payment services indicated online at the time of purchase:
- cash on delivery to the courier (with a surcharge of 3 euros - fixed cash on delivery fee) in cash or with a cashier's check made out to AGRARIA GIOIESE;
Advance bank transfer made out to AGRARIA GIOIESE, Via NAZIONALE 18 153, 89013 GIOIA TAURO (RC), which can be made at:
SAN PAOLO BANCO DI NAPOLI (coordinates: C / C IT221000 00001400 ABI 01010 CAB 81370 CIN P)
- by credit card of the Visa, Mastercard, CartaSì, American Express circuits with transaction managed in SSL128 Bit encryption from the server of our banking institution.
- By postal order. The bulletin must include the Order ID provided at the end of the purchase (usually a 6-digit number) with the indication of the date of the order (click here to view a facsimile of the bulletin). The bulletin must be made on the postal current account n ° 000071954168, in the name of AGRARIA DI DE CARIA ANTONIO
3. AVAILABILITY OF PRODUCTS The computer system of the site is designed to guarantee the immediate fulfillment of orders and avoid unnecessary waiting for the customer; in fact, it indicates in real time, in its electronic catalog, the physical availability of the product and any condition of unavailability.
Should an order exceed the quantity existing in the warehouse, the computer system will allow you to bring "to the checkout", purchase and receive only the remaining quantities within the set times. Product availability is not guaranteed on Saturdays and Sundays as the site is not updated. It may happen that two simultaneous orders do not allow the updating of availability. In the case of offers with discounts, any lack of the product will not lead to the cancellation of the order and therefore the loss of the benefit and the fulfillment of the same will take place within the terms of the law (Legislative Decree no. 206/2005). If the consumer and / or customer does not agree to wait for the time necessary for delivery (beyond the deadline set by art.54 of Legislative Decree no. 206/2005, the contract will be considered terminated and Allteam will immediately cancel of payment.
4. PERFORMANCE OF THE CONTRACT AND METHOD OF DELIVERY
AGRARIA GIOIESE will deliver to customers the selected and ordered products, in the manner referred to in the previous article, by couriers and / or trusted forwarders or, in the unquestionable opinion of the company, directly from the company itself.
4.1 Delivery times will never exceed those provided for in art. 54 D.Lgs. 206/2005 (this term will also be applicable to transactions with non-consumers). Delivery date means the date for the first attempt by the courier to deliver the goods to the address (meaning the main entrance of the building and not the access to the private home), even if the attempt it is not successful due to the absence of the recipient or rejection of the goods.
In cases of non-delivery of the ordered and shipped goods not attributable to AGRARIA GIOIESE, the same will have the right to a refund of transport costs. This refund operation can also be carried out by partial transfer of the payment made by credit card.
5. OBLIGATIONS OF THE BUYER
The consumer and / or customer undertakes and undertakes, once the "online" purchase procedure has been completed, to provide for the printing and storage of these general conditions, which, moreover, he has already viewed and accepted as a mandatory step in the 'purchase, as well as the specifications of the product object of the purchase, and this in order to satisfy in full the condition of cui to the artt. 4, 5, 52 and 53 of the Decr. Legislators. n ° 206/2005.
The buyer is strictly prohibited from entering false and / or fictitious data in the registration procedure necessary to activate the process for the execution of this contract and the related further communications; personal data and e-mail must be exclusively your real personal data and not third parties, or fictitious. The consumer and / or customer authorizes AGRARIA GIOIESE and undertakes to provide, at the discretion of the latter, a copy of the unexpired identity documents. Failure to comply with the request for documents authorizes AGRARIA GIOIESE to terminate the contract for default of the buyer. It is expressly forbidden to make multiple registrations corresponding to the same person or to enter data of third parties. AGRARIA GIOIESE reserves the right to prosecute any violation and abuse, in the interest and for the protection of all consumers.
The Customer releases L'AGRARIA GIOIESE from any liability deriving from the issuance of incorrect tax documents due to errors relating to the data provided by the Customer, as the Customer himself is solely responsible for the correct entry.
6 By filling in the appropriate space on the website of the payment banking system, the consumer and / or customer authorizes AGRARIA GIOIESE to use their credit card, or other card issued in replacement of the same, and to debit their current account in favor of AGRARIA GIOIESE the total amount highlighted as the cost of the purchase made "online". The entire procedure is done through a secure connection directly connected to the bank that owns and manages the "online" payment service, which AGRARIA GIOIESE cannot access. Should the consumer exercise the right of withdrawal, as set out in point 9 of these general conditions, the amount to be reimbursed will be credited to the same credit card.
6.1 By filling in the registration form in the registration procedure necessary to activate the process for the execution of this contract and the related further communications, the consumer and / or customer authorizes AGRARIA GIOIESE to communicate non-sensitive personal data (residence, telephone delivery) to trusted couriers and / or forwarders used for the delivery of the goods purchased in order to allow the necessary procedures for their delivery.
Attention: in August due to the reduction of services provided by couriers, shipments may be delayed by 24/48 hours compared to the expected delivery
The consumer and / or customer from the moment he receives the damaged goods or requests their return to the carrier has a direct and exclusive action against the carrier itself. The latter is also responsible for the delay in the delivery of the goods to the recipient. AGRARIA GIOIESE, in such cases, must be considered exempt from any liability for loss or damage (damage) of the goods from the moment it is delivered without reservation to the carrier for transport.
7.1 In the event of damage to the packaging or packaging, the Customer has the burden of making reservations regarding the items transported at the time of return on pain of forfeiture.
In case of partial loss or unrecognizable damage at the time of return, the consumer and / or customer must report to the carrier, under penalty of forfeiture, the damage just known and not later than eight days from receipt by registered letter ar (art. 1698 cc)
7.2 To this end, note that all packages are packed with adhesive tape and straps. Likewise AGRARIA GIOIESE is not responsible for any fraudulent and illegal use that may be made by third parties, of credit cards, checks and other means of payment, at the time of purchase of the products, not being, at any time, a party. of the procedure.
7.3 The images of the products published on the site are purely indicative. In the absence of specific indications in the order notes, the lack of conformity of the purchase cannot be complained about
8. WARRANTIES AND TERMS OF ASSISTANCE
The products sold by AGRARIA GIOIESE are guaranteed for one or two years, from the date of purchase by the manufacturer (the exact warranty methods are illustrated in the document inside the package). This service is provided directly by the producers of the goods sold, through their service centers. The references of these service centers, where they are not present in the sheets of the individual products, will be provided by AGRARIA GIOIESE, which will respond to the address email@example.com.
8.1 The Consumer (any natural person who, in contracts for the sale of consumer goods, acts for purposes outside the business activity carried out, and in any case buys using the tax code and not the VAT number), in the event that, within two years from the delivery of the purchased goods, there are defects of conformity with the contract to be considered already present at the time of delivery, you have the right to contact the AGRARIA GIOIESE, requesting, at your choice, the repair or replacement of the good. If the remedy requested is objectively impossible or excessively onerous compared to the other AGRARIA GIOIESE offers the Consumer the other remedy. Where the consumer requests or accepts the remedy of the repair, the appropriate time limit will be determined with express reference to the timing of the service centers in charge. For this reason AGRARIA GIOIESE cannot be held responsible for delays in carrying out the repair remedy.
8.2 The consumer, if he does not accept the alternative remedy, may request, at his choice, a reasonable reduction of the price or termination of the contract if one of the following conditions is met: a) repair or replacement is impossible or excessively onerous; b) the seller has not repaired or replaced the goods within the appropriate period; (c) the replacement or repair previously carried out has caused significant inconvenience to the consumer.
In determining the amount of the reduction or the amount to be returned, the use of the property is taken into account (art. 1519 quater c.c.).
8.3 It is the consumer’s responsibility to prove that this is a defect of conformity existing at the time of the conclusion of the contract, unless the same manifests itself within six months of delivery (art. 1519-sexies c.c.).
8.4 The denunciation of the defect must be made within two months of the discovery, under penalty of forfeiture (art. 1519-sexies c.c.).
8.5 The Consumer, in order to request the remedy of the replacement or repair, must make a special complaint following the procedure indicated in the following point No. 10.
8.6 AGRARIA GIOIESE, after essential communication of the return code, may authorize the return of the product for verification to be carried out in the relevant service center used by the seller.
Return costs will be advanced by the consumer. The risks related to the transport of the goods are borne by the sender who can freely choose whether to insure the shipment without any obligation of reimbursement borne by the seller. Shipments sent to the "assigned port" will not be accepted unless previously agreed with the seller. In the event that the defect complained of is found, AGRARIA GIOIESE will carry out, within a reasonable time, the agreed remedy as well as the crediting of shipping costs incurred except for those for non-ordinary services.
AGRARIA GIOIESE reserves the right to charge the customer any costs incurred for the verification of the product and for the return of the same, if it is intact and functional or without the defect of conformity complained of and relating to the date of delivery, other than as stated by the customer.
8.7 “Non-consumer” customers (ie those who buy with a VAT number) for any replacements or repairs may contact the service centers directly. In any case, request a contractual termination or price reduction pursuant to art. 1492 c.c. the same must be preceded by the sending of a suitable certification from the authorized service center on the existence and nature of the defect complained of. Only after receiving this certification will the request be processed.
9. RIGHT OF WITHDRAWAL
the rules on the right of withdrawal are contained in articles 64/67 of the legislative decree n. 206/2005 (consumer code). The "consumer" who for any reason is not satisfied with the purchase made, has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 10 working days for the goods from the day of their receipt. , for services from the day of the conclusion of the "on line" contract.
This right can only be exercised by consumers, so all purchases made for purposes not unrelated to business or professional activity, ie where a VAT number is entered in the order form, do not enjoy this right.
The consumer can exercise the right of withdrawal by making a specific complaint or by sending the relative communication by fax, telegram, or e-mail. Any type of communication (including complaint) must be followed up under penalty of forfeiture within 48 hours by a registered letter with return receipt; a small comment on what happened is welcome, even if not necessary and obligatory.
All costs of returning the products are expressly charged to the consumer, who, through his own shipper, will forward them to the AGRARIA GIOIESE logistic structure, subject to essential authorization to return that will be assigned by AGRARIA GIOIESE via e- mail. It is understood that the risks of transport for the return of the items are fully borne by the consumer.
All items must be received in the same conditions of receipt, unused and completely intact, with the original packaging and any manuals, without any lack.
the consumer cannot exercise this right of withdrawal for contracts for the purchase of audiovisual products or sealed computer software, which have been opened by the same; likewise it will not be able to exercise this right for products made to measure or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly.
To facilitate the return operations to the consumer who manifests his withdrawal, an identification number for the return of goods will be communicated by e-mail. This number will facilitate the return of the goods, which must take place no later than ten working days from the communication of the return number. The return of the product whose withdrawal has been requested and obtained after the aforementioned term implies the forfeiture of the same with simultaneous refusal to return it.
The right of withdrawal lapses in its entirety when the "essential condition of integrity of the good" (packaging and / or its contents) ceases, in cases where AGRARIA GIOIESE ascertains: the lack of the original external / internal packaging; the absence of integral elements of the product (accessories, cables, manuals, parts, ...); use of the product such as to make it impossible to restore the pre-existing conditions to the sale.
AGRARIA GIOIESE will accept the returned goods reserving the right to verify that the products have been returned in their original state and with their packaging intact. It is advisable to cover the original packaging of the product with other protective packaging that preserves its integrity and also protects it from writing or special labels. Only in this case will it arrange for the forwarding of the amount paid by the consumer within the terms of the law (30 days). AGRARIA GIOIESE will credit the sum by reversing the payment made by credit card or by bank transfer. In the latter case, the Customer must communicate his bank details (ABI Code - CAB - Current Account of the invoice holder) to receive the refund.
In the event of forfeiture of this right, AGRARIA GIOIESE will return the purchased good to the sender, charging the shipping costs to the sender.
Any complaint must be submitted online using the appropriate form contained in the "complaints" section which must be completed in all its spaces. The Customer will receive an e-mail confirming the opening of the complaint within the following three working days; with the same communication, instructions will be provided for the definition of the procedure and requests for clarifications or documentation will be forwarded. In compliance with current legislation, the Customer / Consumer, in the event of a complaint lodged beyond six months from the delivery of the product, must provide suitable documentation proving that the lack of conformity existed at the time of delivery. For complaints submitted within six months of delivery, AGRARIA GIOIESE reserves the right to verify the existence of the defect complained by the Customer / Consumer, to be carried out in the relevant assistance center used by the seller, before granting the requested remedy or the alternative one provided by law. .
IN CASE OF MATERIAL DAMAGED IN TRAVEL:
PLEASE NOTE !!!!
- It is important that the goods are checked upon arrival in the presence of the courier, if you notice anomalies in the type package (wet neck; torn neck, dented neck; in case of multiple partial delivery), please return it to the sender , we will arrange to return another one.
- It is important to make the reservation of control on your waybill that leaves the courier with the signature of the same, in case of damaged material and collected by you exclusively with the reservation signed by the courier, the sending of the products to our office is at your expense, we do not carry out collections.
CLAIMS WILL NOT BE ACCEPTED WITHOUT THE RESERVE ON THE SHIPPING LETTER MADE TO THE COURIER AT THE TIME OF ARRIVAL OF THE GOODS.
11. CONTRACTUAL TERMINATION AND EXPRESS TERMINATION CLAUSE
AGRARIA GIOIESE has the right to terminate the stipulated contract by simply notifying the consumer and / or customer with adequate and justified reasons; in this case, the customer will only be entitled to a refund of any sum already paid.
The obligations assumed by the customer pursuant to art. 5 (Obligations of the buyer), as well as the guarantee of the successful completion of the payment that the customer makes with the means referred to in art. 2, are essential, so that by express agreement, the non-fulfillment by the consumer and / or customer of only one of these obligations will result in the legal termination of the contract pursuant to Article 1456 of the Italian Civil Code, without the need for a judicial decision, without prejudice to the right for AGRARIA GIOIESE to take legal action for compensation for further damage.
12. CONFERRAL AND PROCESSING OF PERSONAL DATA
Personal data is collected for the purpose of registering the customer and activating the procedures for the execution of this contract and the related necessary communications towards him; these data are processed electronically in compliance with the laws in force and may be exhibited only at the request of the judicial authority or other authorities authorized for this purpose by law. Personal data will be communicated to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and disseminated exclusively for this purpose.
The Customer expressly undertakes to provide Allteam srl with a copy of the identity documents deemed necessary for the purpose of any checks. Failure to comply with the aforementioned request authorizes AGRARIA GIOIESE to immediately terminate the contract for non-fulfillment.
The treatment takes place, also with the aid of electronic means, in compliance with the procedures that art. 11 of Legislative Decree 30 June 2003, n. 196 guarantees the user and, in general, protecting his rights, fundamental freedoms and dignity, with particular reference to confidentiality and personal identity. The processing will take place for a period of time not exceeding that strictly necessary for the fulfillment of the aforementioned purposes. Personal data are not disclosed to third parties.
Obtaining the cancellation of personal data is subject to the sending of a written communication sent by fax (+3909663931192) or by post to the office.
The owner and manager of the collection and processing of personal data is L 'AGRARIA GIOIESE - Via NAZIONALE 18, 153 - 89013 GIOIA TAURO (RC).
13. JURISDICTION AND COMPETENT COURT
Any dispute relating to the application, execution, interpretation and violation of purchase contracts stipulated "on line" through the website is subject to Italian jurisdiction; Except for the cases provided for by art. 63 of Legislative Decree no. 206/2005, any dispute between the parties regarding the application, execution, interpretation and violation of this contract will be the exclusive competence of the Court of PALMI.