These general vending conditions regulate the trade’s contract relating to any purchase made on the e-commerce website www.lafattoria.it (from now on referred to as the ‘website’.) The website, whose ownership belongs to La Fattoria di Parma srl whose main site is in Via Priorato 96 Sanguinaro Parma – Italia, tax-code and VAT IT 02459940348, registration number PR – 240295 at the Register of Parma’s businesses (from now on referred to as ‘owner’), is managed by La Fattoria di Parma slr.
La Fattoria di Parma deals with the sale of products via the website www.lafattoria.it. The purchases made via this website considers as parties to the contract: La Fattoria di Parma slr as the vendor (from now on referred to as the ‘vendor’), the person who proceeds with the purchase of one or more products (from now on referred to as the "Consumer"), and the Seller and Consumer (collectively referred to as the "Parties").
Any communication of the consumer connected and/or correlated to the present contract – therein included eventual reports, complaints, requests concerning the purchase and/or the delivery of the products, the exercise of the right to withdrawal, etc. – shall have to be sent to the vendor at the contact details found on the website and to the email address: email@example.com
Every purchase is subject to the general conditions of sale that are published on the website at the moment in which the contract is concluded in accordance to the successive article 3.
The website is dedicated to detailed retail and as such it is intended to be for the use solely of the consumers. The possibility to buy products on the website is therefore reserved exclusively to "consumers”: a physical person that acts for purposes unrelated to entrepreneurial, commercial, craft or professional activity. Individuals that are not consumers are invited to refrain from purchasing products via the website.
At the same time of the implementation of the online order the consumer accepts that the confirmation of the information relative to the order made and the general contract conditions found in the present contract will be sent to the e-mail address of the same recipient declared during registration on the website. The vendor maintains the right to not carry out orders issued by non-consumer individuals or individuals that are not in compliance with the trade policy.
To be able to validly conclude the present contract it is necessary that the consumer is able to genuinely declare to be of age (18 years) and have the legal capacity to take action.
The eventual costs of internet connection to the site, therein included telephone costs according to the tariffs applied by the consumer’s own telephone operator, are the sole responsibility of the consumer.
Characteristics of the product
The products that are sold by the vendors have the characteristics that are described on the website at the moment the consumer sends an order and comply with the general vending conditions published on the website at the moment the order is transmitted, with the exclusion of any other terms or conditions.
The vendor reserves the right to modify the present general conditions in any moment, their discretion, in respect of the regulations. The products are offered at the contract’s general conditions found on the website at the time of the order while stocks last.
The prices and the goods on sale on the website are subject to variations without notice. Therefore, before sending their order according to the successive step 3., the consumer is asked to kindly verify the final price of the purchase.
The vendor reserves the right to, without any notice, modify the goods presented on the website or to modify the characteristics in any moment and without any notice or obligation.
The vendor reserves the right to carry out modifications and improvements to any goods offered on the website, without the obligation to carry out the same modifications on those already sold.
Users from all over the world can access the website thus it may contain references to goods that are not available or purchasable in a particular user’s country.
The products present on the website or for sale are reserved to be sold exclusively to the countries indicated in the list present on the website at the time the order was sent.
Conclusion of the contract
The presentation of the products on the website, non-binding for the vendor, represent merely invitations to treat and not offers to the public.
The purchase order transmitted by the consumer to the vendor via the website has the value of a contract offer and is subordinate to the present general contract conditions that constitute an integral part of the order itself. The consumer, by means of the transmission of the order to the vendor, has to accept completely and without reservation each condition. Before proceeding to the purchase of the products, via the sending of the purchase order, the consumer will be asked to read attentively the present general conditions of the sale and the information on the right to withdrawal. They will also be asked to print a copy through the print button and to memorize or reproduce a copy for their own personal use. Furthermore, the consumer will be asked to individuate and correct any eventual errors there may be in the insertion of their personal details.
The consumer’s purchase order is accepted by the vendor by a confirmation e-mail, sent to the e-mail address the consumer declared to the vendor at the moment of registering on the website; the email will contain a link to the present general conditions of sale, a summary of the order placed and a description of the characteristics of the ordered product. The consumer’s order, the confirmation of the vendor’s order and the general contract conditions applicable to the relation between the Parties, shall be archived electronically by the vendor in their computer systems and the consumer may ask for a copy from the vendors via the e-mail address firstname.lastname@example.org
The contract is deemed concluded when the consumer issues their payment.
Selection procedure e and purchase of the products
The products available on the website may be purchased via the purchase procedure present on the website. This procedure involves the selection of the products that interest the consumer, with their insertion in the appropriate virtual shopping basket. Once finished the product selection, to continue with the purchase of the selected products placed in the shopping basket the consumer shall be asked to register on the website by providing the required information. Otherwise, if the consumer is already registered, they shall be asked to login, that is, to provide their details in order to complete the order and allow the completion of the contract. In order to complete the purchase, the consumer shall be asked to confirm their details (including but not limited to: name, surname, etc.), in addition the address for the delivery of the selected products, the billing address and, optionally, a phone number with which the consumer may be contacted for eventual communications related to the purchase made, in case they are different from the data provided at registration. The consumer shall see a summary of their order, of which they can modify the contents: therefore, the consumer, subject to careful reading, shall have to expressly approve the present general conditions of sale via the appropriate checkmark ("confirm”) present on the website and finally, via the button "confirm the order?”, the consumer shall be asked to confirm their order, which will be definitively sent by the vendor and will produce the effects described previously in paragraph 3.2 of the present contract. The consumer moreover shall be asked to choose his preferred shipping method and payment method, from the available ways. If the consumer chooses the instant payment method (related to the purchase) by credit card, PayPal or instant bank transfer, they shall be required to communicate the related details via a secure connection. For accounting and administrative requirements, the vendor retains the right to verify the personal details provided by the consumer.
Delivery of merchandise and acceptance
Generally, the website indicates the times of delivery, however, this information is to be considered purely indicative and non-binding for the vendor.
The vendor endeavors to do as much as he can in his power to respect the times of delivery that are indicated on the website.
Since they cannot guarantee the availability of the products indicated on the website, when a product ordered by a consumer isn’t available, the consumer shall be informed promptly by the vendor and the payment, which has already been made by the consumer, shall be promptly reimbursed.
The shipping of the products ordered by the consumer will be made in the way the consumer selected, from the selection of available ways displayed on the website at the moment of sending the order. The consumer should endeavor to check without delay, and in any case before and not after 3 (three) days from the receipt of the products, that the delivery is correct and includes all and only the products purchased. The consumer should endeavor to inform the vendor, before the deadline, of any eventual fault of the received product or of their deviations in respect to the order made, according to the procedure referred to in article 9 of the present contract.
Transpired the deadline referred to in paragraph 5.4, the products delivered will be considered definitively accepted by the consumer.
Prices, Shipping Costs, duties and taxes
The price of the product is the one indicated on the website upon the consumer placing the order. The prices on the website include VAT, don’t include shipping costs (that are calculated before confirmation of purchase by the consumer and that the consumer agrees to pay the vendor, in addition to the price indicated on the website) and don’t include eventual taxes or duties payable in the manner and terms established by each State of delivery of the goods.
According to the country in which the products have to be sent, it shall be shown on the website, during the process of creation of the order, the relative shipping costs that the consumer agrees to pay in addition to the price of products ordered.
The consumer shall have to pay the vendor the total price, namely the price reported in the order and confirmed in the order confirmation sent by e-mail by the vendor to the consumer.
If the products are to be delivered to a country outside the European Union, the total price specified in the order and confirmed in the order confirmation, including VAT, is net to any taxes customs and any other sales tax that the consumer hereby agrees to pay, when due, in addition to the price specified in the order, as required by legal provisions of the country in which the products will be delivered. The consumer is requested to inquire with the relevant authorities of their country of residence or destination of the products, in order to obtain information about any duties or taxes applied in their country of residence or destination of products.
Any possible additional costs, charges, tax and/or duty that a given country may apply, for any reason whatsoever to the products ordered under this contract, are the sole responsibility of the consumer.
The consumer declares that the lack of knowledge about costs, charges, duties, taxes and/or duties referred to in paragraphs 6.4. and 6.5., when sending an order to the vendor, will not constitute grounds for termination of this contract and shall not in any way charge these costs to the vendor.
Orders placed through the Site may be paid by credit card or through PayPal, under the conditions described below. The Vendor may allow additional payment methods, indicated in the payment section of the website.
If payment is made by credit card, the Consumer will be transferred to a secure site and the data of the credit card will be communicated directly to Bank Sella, the operator that handles payments on behalf of the vendor. The data transmitted will be sent in secure mode, by transferring them encrypted. These data are not accessible even to the vendor.
Orders may also be paid by bank transfer to the vendor, with indication of the codes "Swift" and "IBAN" shown in the order confirmation. The consumer, in the case of payment by bank transfer, expressly agrees that the execution of the contract by the vendor shall start at the accreditation of the equivalent of the product/s purchased on the current account of the vendor itself: if which, in the time period between the moment of sending the order confirmation and bank credit of the products purchased, the product/s is/are no longer available, the vendor shall refund the amount paid by the consumer as provided in par. 5.4. of this Agreement and the contract between the parties shall be deemed as never put in place, without this the consumer cannot claim against the vendor.
The vendor shall promptly transmit to the consumer in electronic format via email to the address provided by the consumer at the time of registration to the website, the invoice / tax records relating to the purchase executed, if the products are to be delivered in Italian territory, or attached to products purchased in paper format, in all other cases.
Vendor’s legal guarantee of conformity, communications of non-conformity and warranty work
Pursuant toand for the purposes of the European Directive 44/99/CE and of the Italian Legislative Decree n.206/2005 (Consumer Code), the vendor provides to the consumer a legal guarantee on the product for any lack of conformity with the contract of sale which appears before the deadline indicated on the packaging of the product itself.
The legal guarantee allows the customer, in case of lack of conformity of the product, to obtain, directly addressing the vendor, a substitution for the product, a reduction in price or a termination of the contract, within a reasonable amount of time, keeping in mind the nature of the product.
It is not in any case covered by warranty the use of the product that does not comply with its intended purpose and that does not comply with the instructions/warnings provided by the vendor.
The eventual communication of a lack of conformity of the product has to be presented with a proof of purchase from the vendor (tax document issued by vendor or receipt of payment)
Within the period referred to in the previous paragraph 8.1., the communication of a lack of conformity of the product must be sent from the consumer within and not after 10 (ten) days from the date in which the lack of conformity was noticed.
The communication of the lack of conformity must be sent from the consumer to the vendor via the e-mail email@example.com; the vendor will promptly communicate to the Consumer the ways in which to deliver or provide the product.
The vendor, via the sales department of the product manufacturer, will carry out quality checks to verify the non-conformity of the product and will provide feedback to the consumer via the e-mail address provided by the consumer during the registration process on the website.
In case of verified lack of conformity in the product, the vendor shall reimburse the consumer the price of the product including shipping costs incurred for the return of the non-conforming product or alternatively, without any cost to the consumer, the vendor will repair or substitute the product with a new one. In this last hypothesis, the non-conforming product will remain the property of the vendor.
The above mentioned refund will be made by the vendor to the consumer via bank transfer. It shall be the burden of the consumer to communicate to the vendor, always via firstname.lastname@example.org, the bank details needed to make the transfer and to make sure that the vendor is in the position to be able to make the refund.
Liability for defective products
Regarding the eventual damages caused by a faulty product, apply the provisions of the European Directive 85/374/CEE and the Italian Legislative Decree n.206/2005 (Consumer Code)
Right of Withdrawal
The consumer has the right to withdraw from the present contract, without any penalty, within the deadline of 10 (ten) working days commencing from the day of receipt of the ordered products, for any reason, and without having to give any reason for their decision. In the above-mentioned hypothesis, the shipping costs and any duties or ulterior taxes for the re-importation of the product will be the sole-responsibility of the consumer and not of the vendor.
The consumer can exercise the right of withdrawal within the above-mentioned dead-line by sending an explicit declaration of withdrawal via email to customer care at the address email@example.com
So that the right of withdrawal is validly exercised, if the shipping or delivery of the ordered products has already occurred, the consumer shall have the burden of returning them within the peremptory deadline of 10 (ten) working days starting from the receipt of the products or 10 (ten) working days from the transmission of the request made, to:
La Fattoria di Parma srl
Via Priorato 96 Sanguinaro di Fontanellato Parma
It is understood that the risks and costs of transport relating to the restitution of the products to the vendor shall be the responsibility of the buyer.
So that the right of withdrawal is validly exercised, the products shall have to be delivered or in any case made to reach the vendor intact (without any signs of usage, abrasion, scratches, scrapes, deformation, etc.), complete with all of their elements and accessories, accompanied by instructions/notes/attached manuals, complete with the original confection and packaging and warranty, where present. Without them the consumer shall not be entitled to a refund of the amount paid. To this end, therefore, it is recommended to cover the original packaging with another protective packaging that conserves its integrity and protects it during transport from writing or labeling.
The vendor will accept delivery of the returned products, reserving the right to verify that they have been delivered under the conditions described in the previous paragraph 10.5
If the product verification is successful and the right of withdrawal is validly exercised under the terms and in the manner prescribed, the vendor will gratuitously reimburse the consumer the entire amount paid for the purchase of the products, not inclusive of shipping costs previously incurred by the consumer for the same purchase if the order has an equivalent value equal to or superior to 40 euros, as quickly as possible and in any case within 14 (fourteen) days from the date in which the vendor received notice of the consumer’s use of his right of withdrawal.
The above mentioned refund shall be made via bank transfer to the consumer. It is the consumer’s responsibility to communicate to the vendor, via the address firstname.lastname@example.org, the bank details needed to make the transfer and to make sure that the vendor is in the position to be able to pay the refund.
Additional cases of return
In the case the consumer asserts, within the period referred to in paragraph 5.4, that the received product arrived defective or does not conform to the product ordered, the consumer can notify the vendor, always within the above-mentioned deadline, by sending a communication via e-mail email@example.com
The vendor, after having carried out the necessary checks, will ask the consumer to return the product within 10 (ten) days of the order to:
La Fattoria di Parma srl
Via Priorato 96 Sanguinaro di Fontanellato Parma
The product will have to be returned or in any case sent intact to the vendor (without any signs of usage, abrasion, scratches, scrapes, deformation, etc.), complete with all of their elements and accessories, accompanied by instructions/notes/attached manuals, complete with the original confection and packaging and warranty, where present and in any case in the same condition it reached the consumer. Otherwise, the consumer shall not have the right to a refund.
Following the vendor’s verification of the returned product, if the conditions exist, the vendor will provide for the consumer’s reimbursement of shipping costs incurred for returning the product and will send, without further cost, a new product or the product effectively ordered as soon as possible, provided that it is available; otherwise, only the price paid for the faulty product will be reimbursed.
The above-mentioned refund will be made via bank transfer to the consumer. It shall be at the burden of the consumer to communicate to the vendor, via the address firstname.lastname@example.org, the bank details needed to make the transfer and to make sure that the vendor is in the condition to be able to reimburse the amount due.
Intellectual Property Rights
The consumer claims to be informed that all the content present of the website are protected by copyright and by other provisions in force concerning intellectual property: all the rights are of the exclusive ownership of la Fattoria di Parma.
The contents of the website cannot be reproduced, completely or partially, transferred via economic or conventional means, modified, or used for any purpose without prior written agreement by la Fattoria di Parma srl
Consumer information and protection of privacy
To be able to proceed to registration on the website, at order placement and thus at the conclusion of the present contract, some personal details are required from the consumer. The consumer acknowledges that the personal details provided will be registered and viewed by the vendor and in accordance with the regulations laid down by Italian law DLgs. n. 196/2003 and s.m.i. – Privacy Code, give effect to this agreement and, subject to their consent, for the eventual additional activities indicated in the respective note on Consumer privacy on the website at the moment of registration.
The consumer claims and guarantees that the data provided to the vendor during the registration process are correct and true.
The consumer in any moment can update and/or modify their personal details provided to the vendor through the appropriate section of the website "Login/Register”, accessible subject to authentication.
Although the vendor applies measures to protect personal details against loss, falsification, manipulation or misuse by third parties, because of the characteristics and technical limitations relative to the protection of electronic communication via internet, the vendor cannot guarantee that the information or data visualized by the consumer on the website, even after that the consumer has provided at authentication (login), are not accessible or viewable by non-authorized third parties.
The vendor, as to the records relating to payments by credit card, engages the services of the company Banca Sella that employs technological systems to ensure the highest levels of reliability, security, protection and privacy during the transmission of information via the internet. Force majeure
The vendor shall not be responsible for cases of partial or total non-fulfillment of their obligations present in the contract if the non-fulfillment is caused by unforeseeable events and/or natural events outside of their reasonable control, including but not limited to: natural catastrophic events, acts of terrorism, war, riots, lack of electricity, general public sector strikes and/or private sector strikes, courier and air link strikes or restrictions.
Law and jurisdiction
The contract shall be governed and interpreted in accordance with Italian law.
The Parties agree that the United Nations Convention on Contracts for the sale of International Goods is expressly excluded from the present contract.
Any dispute that arises from the present contract or related to it will be under the jurisdiction of: a) the Court of the place of residence or domicile of the consumer, if considered "consumer” under the current legislation; b) the Court of Parma, Italy, in any other case.
For all matters not expressly provided for herein, apply the current provisions of the Italian law and particularly, for the consumers, the provision of Section II, Chapter 1, Title 3 of the Italian Legislative Decree n. 206/2005 and s.m.i. (Consumer Code)
The Parties may not cede or in any other manner transfer to third parties any of their rights and obligations arising from the present contract, without the preventive agreement of the other party.
Validity of Clauses
The headings of the clauses here used are to be considered purely indicative and do not have any effect regarding the identification of the content and the interpretation of the present contract. 2.
The present conditions do not affect the rights attributed by Italian law to the consumer who is acting as a consumer or their rights guaranteed to them by the mandatory provisions of the order to which they are subordinate.
In the case a clause or a part of a clause of the present general conditions should be considered invalid because it contrasts with a rule of law, all the other clauses of the present agreement or parts of the same clause will remain completely valid and effective.
The present contract substitutes all the contracts, agreements and arrangements that previously occurred between the Parties and, together with the order, the confirmation of the order and the general conditions regarding the use of the website, constitute the entire agreement between the parties regarding the present contract’s subject matter.
The consumer claims that they were not induced into the present contract by precedent oral statements.
Any variation or modification of the present contract will have to be accepted in writing by both of the Parties.