Terms and Conditions
General Information
These conditions are governed by Part III, Title III, Chapter I, of the Consumer Code (legislative decree no. 206/2005, as amended by legislative decree no. 21/2014) and, in particular, by Section II: Distance Contracts and by the rules on electronic commerce (legislative decree no. 70/2003) as well as, with regard to the protection of the confidentiality of personal data, by the Privacy Code (legislative decree no. 196/2003) and apply exclusively to the online purchase of products and services made on the website www.piarulliagrigarden.com, (hereinafter: ‘site’) by the ‘consumer’, as defined by art. 3, paragraph 1, lett. a), of the Consumer Code, i.e. the natural person acting for purposes unrelated to any entrepreneurial, commercial, handicraft or professional activity carried out and hereinafter referred to as “CUSTOMER”
The CUSTOMER is required, before submitting his or her purchase order, to read these conditions carefully, print them out for archival purposes and expressly accept them by placing a flag in the appropriate box.
The products and services are sold by PIARULLI AGRIGARDEN SRL based in Via Variante Est, 5, 83030 Manocalzati AV, P.iva 01986630646 e-mail: amministrazione@piarulliagrigarden.com – PEC address: – Hereinafter referred to as “COMPANY”, with which the contract for online purchase of products and services is concluded.
The products and services are sold to the CUSTOMER identified by the data entered in the electronic order form sent to the COMPANY. It is recommended to enter exact and updated data in the said form in order to avoid errors or misunderstandings.
In order to purchase products and services on the site you must be of legal age.
These conditions may be subject to change. The modified text of the conditions will be promptly posted on the site. The CUSTOMER will still be subject to the conditions in effect on the site at the time the purchase order is placed.
The CUSTOMER shall have the right to access the site for the purpose of browsing and making purchases. No other use of the site and related content and software is permitted. The site and its contents and software are the property of the COMPANY and are protected by intellectual/industrial property right.
Conclusion of the contract and acceptance of the general conditions of sale
Contracts for the sale of products on the SITE are considered concluded when the purchase order made by the CUSTOMER is received by the COMPANY and the latter accepts it. Piarulli Agrigarden shall promptly send the CUSTOMER a receipt for the purchase order placed by the CUSTOMER. The CUSTOMER, by telematically sending his/her purchase order, declares that he/she has read and accepted these general terms and conditions and undertakes to observe and comply with them in his/her dealings with Piarulli Agrigarden.
CUSTOMER’S OBLIGATIONS.
The CUSTOMER is obliged, before submitting his purchase order, to read carefully these general conditions of sale. The submission of the purchase order implies their full knowledge and acceptance. Finally, the CUSTOMER is obliged, once the online purchase procedure has been completed, to print and keep these general conditions of sale, which have already been viewed and accepted during the conclusion of the contract.
Definition of the order
By sending the order online, the CUSTOMER transmits to Piarulli Agrigarden a proposal to purchase the product and/or products placed in the shopping cart. When the CUSTOMER places an on-line order for the products he/she has placed in the shopping cart, he/she agrees to purchase them at the price and terms indicated in these General Terms and Conditions of Sale.
Piarulli Agrigarden will notify the CUSTOMER of the acceptance and confirmation of the order.
Method of Purchase.
The CUSTOMER shall purchase the product, the characteristics of which are illustrated online in the relevant descriptive and technical sheets, at the price indicated therein to which shall be added the delivery charges specified on the site. Prior to the submission of the purchase order, the unit cost of each chosen product, the total cost in case of purchase of more than one product and the relevant delivery costs are summarized. Once the purchase order has been forwarded, the CUSTOMER will receive from Piarulli Agrigarden an e-mail message confirming receipt of the purchase order and containing information relating to the main characteristics of the goods purchased, detailed indication of the price, delivery costs, applicable taxes and means of payment and containing a reference to the general conditions of contract and information about the existence of the right of withdrawal, the conditions and methods of its exercise displayed on the site.
Payment
The CUSTOMER may make the payment due by choosing one of the following listed methods.
Payment by credit card: In the event that the consumer intends to make payment by credit card,he/she may use the payment procedure with PayPal or Stripe, which is suitable for ensuring the confidentiality of the data provided by customers. For any information and further Legal Agreements, the CUSTOMER is referred to www.paypal.com. or www.stripe.com
Payment by bank transfer: Payment by bank transfer is possible.
In the event that payment is made by bank transfer, the purchased goods will be shipped in the manner set out in the following paragraph “Delivery of Products”, to the address indicated by the CUSTOMER upon receipt of the credit, then on average within two to five days after making the transfer (timing varies depending on the Credit Institute used). To facilitate the process can be sent the receipt of payment together with your order number by e-mail to: amministrazione@piarulliagrigarden.com
Cash on delivery: Cash on delivery payment involves an additional cost of €4.90 for amounts less than €1,000. A bank account must be designated for possible reimbursement.
If the CUSTOMER chooses this method of payment will pay the order directly to the courier upon delivery.
At the time of delivery it will be necessary to have available in cash the exact amount of the order total indicated in the order confirmation e-mail. The courier will not be able to give change and will not be able to accept checks.
Payment in installments with Soisy: personalized and convenient rate,zero additional charges and real-time response with contract signature via sms.
Delivery terms are indicated in the product sheet of each individual product.
During the purchase process, before the CUSTOMER transmits the order, the deadline by which Piarulli Agrigarden undertakes to deliver the product(s) will be indicated.
The purchased good(s), together with the relevant invoice, shall be delivered by courier to the address specified by the CUSTOMER when ordering online.
Delivery of products purchased on the site is made only within the Italian territory.
The average delivery time of orders, reported purely as an indication is
– 3/4 days in Italy excluding Calabria, Sicily, Sardinia, Minor Islands and Locations considered inconvenient.
– 4/5 days in Calabria, Sicily, Sardinia, Minor Islands and Localities considered inconvenient.
Therefore, if said terms are not met, no compensation or deductions may be claimed under any circumstances.
Any specific needs must be prospected by the CLIENT to Piarulli Agrigarden.
In case of non-delivery due to the absence of the recipient, at the address indicated by him in the order, the courier will leave a notice of passage in the mailbox and will try a second time; if the recipient is still absent, the goods will be automatically returned to the sender (Piarulli Agrigarden). Return charges are the responsibility of the CUSTOMER and will be deducted from the amount of the order.
Piarulli Agrigarden uses couriers to make the delivery of the products ordered. Upon receipt of the goods, the CUSTOMER is required to check the exact correspondence, both in terms of quantity and quality, between what was ordered and what was delivered by the courier. Any discrepancies must be promptly reported to Piarulli Agrigarden Customer Service.
ORDER CANCELLATION BEFORE DELIVERY
The CUSTOMER may choose to cancel his/her order within 24 hours of receipt of the order confirmation email. If the CUSTOMER wishes to exercise this right, he/she must send his/her request by e-mail to the following e-mail address: amministrazione@piarulliagrigarden.com indicating the order data.
Piarulli Agrigarden will cancel the order and refund the amount paid by the CUSTOMER within 14 days from the date of receipt of the aforementioned e-mail.
RIGHT OF WITHDRAWAL
The CUSTOMER has the right to withdraw from the contract concluded on the basis of these conditions, without giving reasons, within 14 days. The withdrawal period expires after 14 days from the day on which the CUSTOMER or a third party, other than the carrier and designated by the CUSTOMER, acquires physical possession of the product(s).
In order to exercise the right of withdrawal, the CUSTOMER must inform Piarulli Agrigarden srl of its decision to withdraw from the contract concluded on the basis of these conditions by means of an explicit statement (e.g. letter sent by mail, fax or e-mail).
In any case, this communication must clearly state, in addition to the will to withdraw, the date and number of the purchase order and the products subject to withdrawal.
In any case, the goods must be returned intact, unused, in the original packaging, complete with all its parts, including packaging and any ancillary equipment and complete with the attached tax documentation.
The right of withdrawal does not apply to items made to measure or clearly customized at the CUSTOMER’s request and to vehicles for which registration has already been made.
In the case of the purchase of tires, the right of withdrawal is excluded if the tire(s) have been mounted on the vehicle since these are goods that, by their nature, are likely to deteriorate rapidly.
If the CUSTOMER withdraws from the contract concluded on the basis of these conditions, the CUSTOMER shall be refunded all payments he/she has made to Piarulli Agrigarden, without undue delay and in any case no later than 14 days from the day Piarulli Agrigarden is informed of the CUSTOMER’s decision to withdraw from the contract.
In case of return of an order paid by Credit Card or Paypal Account, the refund will be made using the same means of payment chosen by the CUSTOMER during the purchase.
In case of return of an order paid by Cash on Delivery, the refund will be made by bank transfer. To this end, the CUSTOMER will be asked to provide Piarulli Agrigarden with the bank details (Account Holder, Bank Name, Iban Number) of the account to which they wish to receive the credit.
The refund may be suspended until receipt of the product(s).
The CUSTOMER is required to return the product(s) within 14 days from the day he/she notified Piarulli Agrigarden of his/her withdrawal from the contract concluded on the basis of these conditions. The deadline is met if the CUSTOMER returns the product(s) before the expiration of the 14-day period.
The goods must be shipped to Piarulli Agrigarden Srl at the logistics warehouse at the following address:
Piarulli Agrigarden Srl
Via Variante Est, 5,
83030 Manocalzati AV
The only expenses due by the CUSTOMER to exercise the right of withdrawal will be those directed to the return of the Products.
Delivery of products
The purchased goods, together with the relevant invoice, are delivered by courier to the address specified by the Customer when ordering online. Any specific requirements must be prospected by the customer to Piarulli Agrigarden. In case of non-delivery due to the absence of the recipient, at the address specified by him in the order, the courier will leave a notice and try a second time; if the recipient is still absent, the goods will be returned to the sender (Piarulli Agrigarden).
Warranty of conformity and defective products
Piarulli Agrigarden shall be liable for any lack of conformity that becomes apparent within two years of delivery of the goods. For the purposes of this contract, consumer goods are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist: (a) they are fit for the use for which goods of the same type are ordinarily used; (b) they conform to the description made by the seller and possess the qualities of the goods which the seller has presented to the consumer as a sample or model; (c) they have the quality and performance usual for goods of the same type, which the consumer can reasonably expect, taking into account the nature of the goods and, where appropriate, public statements on the specific characteristics of the goods made in this regard by the seller, the producer or his agent or representative, particularly in advertising or on the labeling; (d) they are also fit for the particular use intended by the consumer and which was brought to the knowledge of the seller by the consumer at the time of the conclusion of the contract and which the seller has accepted even by conclusive facts. The consumer forfeits all rights if he fails to report the lack of conformity to the seller within one month from the date on which the defect was discovered. Reporting is not necessary if the seller has acknowledged the existence of the defect or concealed it. In any case, unless proven otherwise, defects of conformity that become apparent within six months of delivery of the goods shall be presumed to have existed on that date, unless such presumption is inconsistent with the nature of the goods or the nature of the defect of conformity. In the event of a lack of conformity, the consumer may request, alternatively and without cost, under the conditions set out below, the repair or replacement of the purchased good, a reduction in the purchase price or termination of this contract, unless the request is objectively impossible to satisfy or is excessively burdensome for Piarulli Agrigarden under Article 130, paragraph 4, of the Consumer Code. The request must be made in writing by registered letter with acknowledgment of receipt or by certified e-mail to Piarulli Agrigarden, which will indicate its willingness to give effect to the request, or the reasons that prevent it from doing so, within seven working days of receipt. In the same communication, where Piarulli Agrigarden has accepted the consumer’s request, it shall indicate how the goods are to be shipped or returned, as well as the deadline for the return or replacement of the defective goods. If the repair and replacement are impossible or excessively onerous, or Piarulli Agrigarden has not repaired or replaced the good within the period referred to in the preceding paragraph or, finally, the replacement or repair previously carried out have caused significant inconvenience to the consumer, the consumer may request, at his option, a reasonable reduction in price or termination of the contract. The consumer must in that case make his request Piarulli Agrigarden, which will indicate its willingness to give effect to the same, or the reasons that prevent him from doing so, within seven working days of receipt. In the same communication, where Piarulli Agrigarden has accepted the consumer’s request, it shall indicate the proposed price reduction or how to return the defective good. It will be the consumer’s burden in such cases to indicate how the amounts previously paid Piarulli Agrigarden will be credited.
COMPLAINTS
For any complaints or clarifications, the CUSTOMER should write to the e-mail address: amministrazione@piarulliagrigarden.com
The CUSTOMER will be contacted for clarification within 3 (three) working days of the request.
INVALIDITY OF CERTAIN PROVISIONS – SAFEGUARD CLAUSE
The invalidity or ineffectiveness of individual provisions of these Conditions shall not affect the remaining provisions, which are not found to be invalid or ineffective.
APPLICABLE LAW AND JURISDICTION
The Conditions are subject exclusively to Italian law. The place of jurisdiction for disputes regarding the interpretation, validity and execution of the Conditions is the place where the Center concerned is located.
