1) Premise and effectiveness of the General Conditions
These general conditions of sale (hereinafter, “General Conditions”) have as their object the regulation of the purchase of products made remotely and made available, via the Internet, from the website https://lafescennina.com (hereinafter, the “Website“) in compliance with the Italian legislation referred to in Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, the” Consumer Code “). The seller of the products and owner of the Website is: Azienda Agricola Antonio Sciardiglia, Registered office in Corchiano (VT), piazza del Bersagliere, 7 C.F./ P.IVA: 01327340566 pec: email@example.com Email address: firstname.lastname@example.org. Consumers who access the Website to make purchases (hereinafter “Customer“) are required, before sending the order, to carefully read these General Conditions which have been made available to them on the Website and which will be available at any time. Contracts concluded with La Fescennina through the Website are governed by these General Conditions in compliance with Italian law. . The language available to conclude the contract is Italian. It is strictly forbidden for minors to make purchases on this site.
2) Information and characteristics of the products
The information, characteristics and price (including fees and taxes)of the various products for sale on the Website (hereinafter “Product” or “Products“) are listed with the relevant product codes, on the page relating to each Product. The visual representation of the Products on the Website, where available, normally corresponds to the photographic image accompanying the product description. It is understood that the images of the Products has the sole purpose of presenting them for sale and may not be fully representative of its characteristics and quality but may differ in color and size. In the event of a difference between the image and the written product description, the description of the product description always prevails.
3) Instructions on how to place the order and conclude the contract
To purchase the Products, the Customer must complete and send the order form in electronic format, following the instructions on the Website. The Customer must add the Product to the ‘cart’ and, after having read the General Conditions and the Policy of Privacy and confirmed their acceptance, must enter the shipping details, select the desired payment method and confirm the order. In the event of errors, changes can be made to the data entered and to the shopping cart until the order and payment have been confirmed. Once payment has been made, no further changes can be made to the shopping cart, without prejudice to the right of withdrawal referred to in Section 7 of the Contract. Following confirmation of the order by sending it from the Site, which has the value of a contractual proposal, the Customer acknowledges and declares to have read all the information provided to him during the purchase procedure and to fully accept the General Terms and Conditions and Payment Conditions. The contract stipulated between La Fescennina and the Customer must be considered concluded with the acceptance of the order by La Fescennina. This acceptance is communicated to the Customer through an order confirmation email containing a reference to these General Conditions, the order number, the shipping details, the list of Products ordered with their essential characteristics and the total price, including delivery costs.
4) Shipping costs
La Fescennina charges a fixed cost of €10 for each shipment within Italy for orders of less than €50. For shipments to other European Community countries, please refer to the table by clicking here.
5) Payment methods
The Customer may pay the price of the Products and the related delivery costs by credit card. The Seller accepts the following credit cards:
• Visa / Visa Electron
Payment transaction will be made on the servers provided by the PayPal and Stripe intermediation services. The Site does not store the data of your payment card used to pay for the Products.
6) Transport and delivery
The Products purchased on the Website will be delivered to the address indicated by the Customer during the purchase procedure in the appropriate ‘Shipping Data’ field. All purchases will be delivered by GLS express courier (hereinafter, ‘Courier’). La Fescennina is not responsible for unforeseeable delays or those not attributable to it. Once the Products have been shipped, the Customer will be able to see the status of their shipment in the ‘ORDERS’ section of their ACCOUNT. In all cases, except those of force majeure or unforeseeable circumstances, the ordered Products will be delivered within a period of 5 (five) working days for shipments within Italy and 10 (ten) working days for shipments to other European Community countries starting from the day after which La Fescennina confirmed the order to the Customer by means of an order confirmation email. Active delivery services (GLS): The service includes 2 delivery attempts to the address given at the time of the order. A notice will be left after each attempted delivery. In the event of a second unsuccessful delivery attempt, the Customer will be contacted by La Fescennina to rearrange the delivery. If the Customer cannot be reached or is not present, the goods will be returned to the warehouse.
7) Right of Withdrawal
The Customer has the right to withdraw from the purchase contract for any reason whatsoever, without stating the reason and without incurring in additional, without prejudice to the cases of exclusion as indicated in point III below. In order to exercise this right, the Customer must send La Fescennina a communication within 14 days from the date of receipt of the Products or, if the Customer intends to exercise the withdrawal before having received the Products, the communication of withdrawal can be sent at any time prior to receiving the products. In order to make the communication of withdrawal, the customer use the form available to download here, or send an explicit declaration of their decision to withdraw to La Fescennina. The communication of withdrawal or the completed form must be sent by registered letter with return receipt, to the following address: Azienda Agricola Antonio Sciardiglia piazza del Bersagliere, n. 7 01030 – Corchiano (VT) Once the communication has been received, the La Fescennina Customer Service Team will open a call for the handling of the returns and will inform the Customer on how to return the Products, which will be carried out by the courier indicated by La Fescennina. The right of withdrawal is subject to the following conditions: I. The right applies to the purchased Product in its entirety; accordingly, if the Product is made of multiple components or parts, it is not possible to exercise the right of withdrawal on only part of the purchased Product. II. Upon exercising the right of withdrawal La Fescennina shall reimburse the customer the entire amount of the returned goods, including the fixed fee for delivery, within 14 days from the date on which the communication of withdrawal was received, without prejudice to the right of La Fescennina to suspend the payment of the refund until the goods have been received. Refunds will be made using the same method of payment used by the Customer. III. In order to ensure that the return is free of charge in accordance with Article 8 below, the Products must be returned in the same packaging in which they were received. The right of withdrawal is excluded in the following cases:
• order of Products that are likely to deteriorate or expire rapidly;
• order of sealed Products that cannot be returned for hygienic reasons or related to health protection or that have been opened after delivery. Consequently, for reasons of hygiene and Customer protection, the right of withdrawal is applicable only to Products purchased on the Site that can be returned to La Fescennina and put back on the market without danger to the health of other consumers (i.e., products correctly stored and kept closed and sealed after delivery). In the event of exclusion of the right of withdrawal, La Fescennina will return the purchased products to the Customer, charging the return shipping costs.
8) Free return in case of exercise of the right of withdrawal
As a more favourable condition for the Customer, La Fescennina will cover the shipping costs for the return of the Products in case of exercise of the right of withdrawal. In order to benefit from free shipment, the Customer who intends to exercise the right of withdrawal must follow the procedure indicated in article 7 and wait to be contacted by La Fescennina to agree on the return of the Products to the courier.
9) Warranty and Conformity Defects
In case of conformity defects of Products sold by La Fescennina, the Customer must immediately contact Customer Service through the appropriate contact form, which can be accessed by clicking here. It is also possible to send an e-mail to email@example.com. All the Products sold on the Website are covered by the legal guarantee of conformity stipulated in articles 129, 130 and 132 of the Consumer Code. The Customer has the right, provided that the type of Product allows it, to have the conformity of the Product restored, free of charge, by means of replacement, or to an appropriate price reduction or to terminate the contract. The Customer shall forfeit these rights if the lack of conformity is not reported to La Fescennina within two months from the date on which the defect was discovered, unless the Product is by its nature perishable or subject to expiry in a shorter term, in which case the defect must be reported within this reduced term.
10) Errors and limitations of liability
The information relating to the Products provided through the Website is constantly updated. However, it is not possible to guarantee the complete absence of errors for which La Fescennina cannot be held responsible, except in the case of gross negligence. La Fescennina reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to change or update information at any time without prior notice, without prejudice to the Customer’s rights under these General Conditions and the Consumer Code. Except for gross negligence, any right of the Customer to compensation for damages or the recognition of compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, caused by the non-acceptance or evasion, even partial, of an order.
All complaints must be addressed to La Fescennina through the appropriate contact form, which can be found by clicking here. It is also possible to send an e-mail to the address firstname.lastname@example.org. La Fescennina will respond to all requests received within a maximum of 7 working days.
12) Out-of-court settlement of disputes
In the event of disputes arising in connection with the validity, interpretation, execution or termination of the contract, the Customer may refer the matter to an Alternative Dispute Resolution (ADR) body, in accordance with the conditions laid down in the rules of that body and the provisions of Legislative Decree 206/2005 (Consumer Code) in articles 141 et seq. It is also possible for the Customer to apply to an ADR through the platform established by the European Commission On-line Dispute Resolution (ODR platform); through this platform it is possible to see the list of ADR Organisations, find the link redirecting to each ones website and start an on-line procedure for the solution of the dispute. The right to go to the ordinary courts remains unaffected.
13) Applicable law and jurisdiction
The contract of sale between the Customer and La Fescennina is concluded in Italy and governed by Italian Law. For the solution of disputes relative to the interpretation, execution or resolution of the present General Conditions or of single purchase orders, the exclusive jurisdiction is that of the Court of the municipality of residence or domicile of the Consumer if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Viterbo, any other jurisdiction is excluded. Or the Court of Viterbo will always be competent.
14) Handling and processing of personal data.
The personal data provided by the Customer shall be processed both electronically and by hard copy by La Fescennina, in compliance with the privacy regulations for the purposes related to the execution of the contract stipulated, to carry out the corresponding fiscal fulfilments and for the relevant communications that may be necessary. The handling of such data is compulsory for the above-mentioned purposes, otherwise it would be impossible for the company to correctly process any order placed. For more information on the processing of personal data, click here.