Art. 1) General Information
Agrivello.it is an e-commerce platform owned by AGRIVELLO DI SPIGARELLI CHIARA – VAT No. 03741540540 – Tramonti di Sopra based in Loc Sot Maleon SNC Tramonti di Sopra 33090 (PN) – ITALY, which is the owner of the Agrivello.it trademark and related distinctive signs. By accepting these terms and conditions of service, the Consumer therefore declares that he/she is aware that he/she is making the purchases directly from the Vendor indicated in the product sheet on the site.
Art. 2) Definition
PLATFORM: a digital marketplace called “Agrivello” that offers its products in a single virtual shop via the e-commerce sales channel;
SERVICE PROVIDE: the owner of the Agrivello.it platform and holder of all rights connected with its use, including the right to use the Agrivello brand, know-how and copyright. In this case the platform’s Manager is: AGRIVELLO DI SPIGARELLI CHIARA – VAT No. 03741540540 – Tramonti di Sopra with head office at Loc Sot Maleon SNC Tramonti di Sopra 33090 (PN) – ITALY;
SELLER: business operator AGRIVELLO DI SPIGARELLI CHIARA – VAT No. 03741540540 – Tramonti di Sopra with head office at Loc Sot Maleon SNC Tramonti di Sopra 33090 (PN) – ITALY; it sells its own Products through the Agrivello platform, in accordance with the provisions of the present general conditions of use of the service.
PRODUCTS: All Products marketed by the Seller, placed in a digital catalogue and offered for sale through the use of the Agrivello.it platform.
USER: a person who uses the Platform by navigating within it, without necessarily purchasing any Product.
BUYER: a consumer subject who purchases online the Products supplied by the Seller using the Agrivello.it platform.
CARRIER: an entity contracted with the Manager and appointed to collect the goods supplied by the Seller and deliver them to the Buyer.
COLLECTOR’S POINT: an entity contracted with the SERVICE PROVIDER who collects and stores the goods purchased by the Purchaser, delivering them to the latter at his/her first request.
Art. 3) Scope of application
Agrivello di Spigarelli Chiara sells its products via its Platform. Therefore, Agrivello is both service provider of the e-commerce platform and seller of the products.
These General Terms and Conditions apply to all sales made by the Seller through the Agrivello.it Platform. The General Terms and Conditionsof the service may be periodically modified by Agrivello in compliance with possible updates and changes in the law and/or following the modification of its own corporate policy. Each update and/or modification will be regularly published on the platform and will be immediately effective from the date of publication. The applicable conditions are those in force on the date the purchase order is sent.
These General Terms and Conditions are made available by means of a link prior to the placing of the order and are printable on a durable medium, whereby they are deemed to be known to the Buyer and/or otherwise knowable according to ordinary diligence.
For all matters not covered by these General Terms and Conditions, the Parties expressly refer to the provisions of the relevant Italian law. The possible nullity, invalidity or ineffectiveness of one or more contractual clauses shall in no case compromise the validity or effectiveness of the contractual relationship and of the other clauses. The Buyer is requested to print a copy of these General Terms and Conditions and/or to store them on a durable medium.
Art. 4) Platform Conditions of Use
The Agrivello Platform is aimed exclusively at Buyers who::
– are “consumers” (i.e. acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried on);
– even if they reside in a country other than Italy, accept that the sale takes place in Italy, with delivery ex warehouse on Italian soil, at the Seller’s registered office.
Art. 5) User registration on the platform
In order to register, you will be asked to provide certain data (first name, last name, email address and password), which will be processed in full compliance with current legislation on the processing of personal data. Registration to the Platform is always free of charge.
The User guarantees that the data provided for Registration is complete, correct and true. The User is exclusively responsible for accessing the Platform using their credentials. He/she undertakes to use them personally and exclusively, not to pass them on to third parties and to guard them diligently, responding directly for any damage or harm caused to Agrivello and/or third parties by misuse, loss, misappropriation by third parties or failure to protect adequate secrecy of his/her Credentials.
All transactions carried out using the Registration Credentials are considered to have been carried out by the User to whom the Registration Credentials refer. Therefore the User must immediately inform Agrivello in case of suspected misuse of the same. Registration Credentials may be changed by the User at any time by accessing the “Profile” section on the website.
Only one registration per User is possible. In the personal area ‘My Profile’, the Buyer can view open/ recently dispatched and/or concluded orders, as well as manage and save his/her personal data and change the authorisation to send any commercial communications and/or newsletters.
The Buyer may at any time unsubscribe from agrivello.it by accessing the reserved area or by sending an email to the address firstname.lastname@example.org
Art. 6) Pre-contractual disclosure
In accordance with Legislative Decree No. 70 of 9 April 2003 laying down provisions on electronic commerce, Agrivello informs the User that:
Art. 7) Product Terms and Conditions
The offers published on the website are available for a limited time and for a limited quantity of products.
The Products offered for sale through the Agrivello platform are those published in the Seller’s catalogue. The images of the Products offered for sale may not correspond to the real ones due to the Internet browser and/or monitor used.
Information on the essential characteristics of the Products is indicated on the website, in the information sheet related to each product.
All prices shown on the website are in Euros and include VAT. The cost of shipping, shown in Euros and inclusive of VAT, will be highlighted separately within the order and will be visible from the moment the order is placed in the virtual shopping cart, before the order itself is sent by the Buyer. In case of purchases made by the Buyer exceeding certain thresholds of amount, Agrivello may decide not to charge any shipping cost by adequately advertising it on the website.
Agrivello.it will process the purchase order only after receiving confirmation of authorization to pay the total amount due, consisting of the purchase price, shipping charges ( if applicable) and any additional costs, as indicated in the order summary. Agrivello reserves the right not to confirm orders from users with whom disputes are pending.
Art. 8) Product availability
The products offered for sale by the Seller through the Agrivello Platform are limited in number and may be sold at promotional prices. It may therefore happen that, after the Buyer has sent the purchase order, the product ordered is no longer available. In any case of unavailability of the product ordered, the user will be promptly informed by e-mail and the purchase order will be cancelled. If payment has already been made, the Seller shall refund the sum paid by the Buyer, including shipping costs, promptly, and in any case within 14 days from the day after the order was placed. The refund amount will be communicated by e-mail, and credited to the same means of payment used for the purchase. Agrivello declines all responsibility for any delays in crediting, which depend solely on the means used for payment.
Art. 9) Payment Methods
When placing the purchase order, the Purchaser will be asked to make payment using the means of payment expressly indicated on the website. Once the payment procedure has been successfully completed, the Products will be shipped to the Purchaser by the appointed Carrier to the chosen destination.
The Buyer is liable, both civilly and criminally, for the truthfulness of the data provided, as well as for the full and legitimate availability of the means of payment used.
Agrivello uses third-party tools for payment processing and in no way comes into contact with payment data of the Buyer, which is handled directly by intermediaries. The information is encrypted using encryption systems designed to prevent its use by third parties and is sent directly to the institution.
The Purchaser is obliged to provide personal data and indication of the ownership of the card corresponding to his/her own, and not to that of third parties, real or fictitious.
Agrivello shall not be held liable in any way in the event that data relating to cards in the name of third parties who have not expressly authorised the transaction are used by the Purchaser, nor in the event that problems or irregularities are encountered in the telematic process of purchasing the service by credit card.
Art. 10) Product delivery
Order fulfilment times may vary depending on the type of goods purchased.
The Buyer is responsible for the correct entry of the data relating to the shipping address. Therefore Agrivello cannot in any case be held responsible in the event of non-delivery of Products caused by the incorrect entry of the destination address.
The Buyer shall, upon delivery of the goods by the Carrier, check the contents of the consignment by reporting any anomalies on the delivery form.
Any objections must be raised immediately to the Carrier making the delivery. In the absence of these, the goods shall be deemed correctly delivered and accepted, and the Buyer may not raise any objection regarding the external characteristics of what has been delivered.
In the event of transport damage that is evident from the packaging, the Buyer shall declare that he/she accepts the package “with reservation” before signing for acceptance, or he/she may reject the damaged goods if it is not possible to accept the package “with reservation” or if the damage is otherwise visible without opening the package.
In cases where the Buyer accepts delivery with reservation, or refuses delivery, he/she is requested to inform Agrivello in good time by sending an e-mail to the following address: email@example.com, if possible enclosing suitable photographic documentation attesting to the fact.
Please note: in the event of non-acceptance with reservation, no return request can be accepted if one or more products are damaged.
Agrivello shall not be obliged to pay any indemnity in the event of non-delivery and/or delayed delivery caused by events of force majeure, such as but not limited to: riots, insurrections, social unrest, telephone or computer breakdowns or serious damage to the security and operability of the internet, strikes and impossibility of supply of Products and materials.
Art. 11) Right of withdrawal
The Buyer has the right to withdraw from the contract concluded with the Seller, without any penalty and without specifying the reason, within fourteen (14) working days from the day of receipt of the Products purchased via the Agrivello Platform.
In order to withdraw from the contract, the Purchaser must send an e-mail to firstname.lastname@example.org following the instructions at the following link: https://agrivello.it/resi-e-rimborsi/. Once the Buyer has obtained authorisation to return the Products, the same must return them to the Seller by entrusting them to the courier contracted with Agrivello and following the operating instructions that will be communicated to him/her by e-mail.
The return costs shall be borne exclusively by the Purchaser who has exercised the right of withdrawal and shall be offset at source against the cost of the shipping costs that the final Purchaser is entitled to have refunded, in accordance with the applicable regulations in force. Therefore, the Purchaser who will return the goods by means of the agreed courier will be refunded the amount paid for the purchase, net of shipping costs.
In the event that the Buyer has benefited from free shipping, the cost of returning the goods by a contracted carrier will be charged to him/her, and will then be deducted from the amount returned.
The return of the Products shall take place within and no later than fourteen (14) days from the date on which the Purchaser sent Agrivello the request to withdraw from the contract.
The right of withdrawal shall be deemed to have been properly exercised if:
The right of withdrawal is in any case excluded in relation to:
The Seller shall check the integrity and quantity of the returned Products as soon as they have been returned, and shall promptly notify the Purchaser of any discrepancies or damage.
If the right of withdrawal is exercised in accordance with the procedures and terms set out above, the Seller shall notify the Purchaser of acceptance of the return and shall refund the sums already collected for the purchase of the Products, possibly deducting the price of the returned Products that have been consumed, opened, damaged and/or not returned.
Once the correct fulfilment of the terms and conditions described above has been verified, the sums, quantified in accordance with the methods indicated above, shall be reimbursed to the Buyer in the shortest possible time and in any event, within fourteen (14) days from the date on which the Seller received delivery of the returned goods at its premises.
The price shall be refunded in the same manner in which the Buyer made payment.
If there is no correspondence between the recipient of the Products indicated in the Purchase Order and the person who made the payment of the sums due for their purchase, the refund of the sums, in the event of the exercise of the right of withdrawal, shall in any case be made by the Seller to the person who made the payment, with exoneration of all liability to the recipient of the Products.
If the Purchaser does not comply with the procedures and terms for exercising his/her right of withdrawal, as specified above, he/she shall not be entitled to reimbursement of the sums already paid; he/she may, however, re-obtain the Products in the state in which they were returned to the Seller, with transport costs borne by the Purchaser who has already returned the goods to the Seller. Otherwise, the Seller may retain the Products, in addition to the sums already paid for their purchase.
Art. 12) Guarantees and non-conformity of products
Products are offered for sale by the Seller through the Agrivello Platform and their description is the one that the Seller itself, under its own responsibility, has published on the Agrivello.it Platform
The images and colours of the products published on the Platform may differ from the real ones due to the local settings of the systems and/or tools used to display them.
The Seller is responsible for the correct entry of product specifications and prices published on the platform.
Agrivello can in no way be held liable for any malfunctioning of software equipment, hardware and/or problems in the operation of the Seller’s and the Buyer’s internet network, resulting in delays or problems in processing orders
Art. 13) Website content and intellectual property rights
All proprietary marks, whether registered or unregistered, and all other distinctive signs, such as company names, trade names and designations, illustrations, images, logotypes, registered and unregistered designs, copyrights and patents (“Intellectual Property Rights”), which appear on the Products or are otherwise reproduced on Agrivello’s website and on accessories or packaging, are and remain the exclusive property of the rightful owner thereof. Any reproduction, even partial, any modification or use of Intellectual Property Rights, for whatever reason and in whatever form, without the prior written authorisation of the respective owners of such property and/or exploitation rights is strictly prohibited. The content concerning the Agrivello Platform, such as, by way of example, works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, published on the Platform (Website) including menus, web pages, graphics, colours, patterns, tools, fonts and website design, diagrams, layout, methods, processes, functions and software, are protected by copyright and any other intellectual property right of Agrivello. Reproducing, modifying, duplicating, copying, distributing, selling or otherwise exploiting the images and contents of the website is prohibited unless previously authorised in writing by Agrivello.
Any use of the above-mentioned distinctive signs that does not comply with the law and is unauthorised is prohibited. It is in no way permitted to use any of the distinctive signs on the website in order to take unfair advantage of the distinctive character or renown of these or in such a way as to prejudice them and their owners. Under no circumstances may the User alter, change, modify or adapt the website or the material made available by Agrivello.
Art. 14) Applicable law and settlement of disputes
These General Terms and Conditions are governed by Italian law on distance selling and e-commerce.
For the resolution of any disputes arising between Agrivello and the Purchaser, the consumer may have recourse to out-of-court dispute resolution methods (so-called “Alternative Dispute Resolution” or “ADR”) regulated by Articles 141 to 141 decies of the Consumer Code, and by Regulation (EU) no. 524/2013 of the Parliament and of the Council of 21 May 2013, by connecting to the ODR telematic platform, managed by the European Commission, at the web address [https://webgate.ec.europa.eu/odr](https://webgate.ec.europa.eu/odr), where he/she will be able to choose the ADR entity to which he/she will turn to resolve the dispute and activate the relevant procedure.
Recourse is optional and an alternative to the ordinary judicial procedure provided for by Italian law and/or international treaties.
The place of jurisdiction for the resolution of any legal disputes shall be the place of residence of the Purchaser provided that he/she is a Consumer.