General Terms and Conditions of Sale

Art. 1 Definitions

  1. These general terms and conditions of sale (hereinafter “the General Terms and Conditions of Sale”), available to the customer for reproduction and storage in accordance with Art. 12 of Legislative Decree 70/2003, concern the purchase of products, made remotely via computer network, through the website agropuglia.com (hereinafter “the Website”), belonging to Agropuglia di Antonio Tasca – P.IVA 08772370725 – , with registered office in Via Saverio de Simone , 49/A – 70056 – Molfetta (BA) (hereinafter “the Company”).
  2. “Online sales contract” means a distance contract, i.e. a legal transaction concerning movable goods and/or services concluded between a supplier, in this case the Company and a final consumer or other professional user, within the framework of a distance sales system organized by the Company which, for such contract, will exclusively use the distance communication technology known as the Internet.
  3. “Consumer” means a natural person who purchases goods and services for purposes not directly or indirectly related to his or her professional activity, if any.
  4. “Professional User” means the natural or legal person who acquires goods and services for purposes directly or indirectly related to his or her professional activity.
  5. “Product(s)” means the food products sold by the Company.

Art. 2 Scope of application

  1. These General Terms and Conditions of Sale apply to consumers who fall under the definition of “Consumers”, as per Italian Legislative Decree no. 206/2005, who purchase the Products through the Website and use the Products exclusively for private use.
  2. These General Terms and Conditions of Sale also apply to Professional Users who purchase the Products through the Website and do not use the Products exclusively for private use, but as part of their professional activity.

Art. 3 Acceptance of Terms and Conditions

  1. These General Terms and Conditions of Sale are valid from the day they are published on the Website and may be updated, supplemented or amended, with effect from the date of such modification, at any time by the Company, which shall give notice thereof through the Website’s pages; the conditions set forth in the introduction are an integral and essential part of this contract.
  2. All contracts will be concluded directly through access by the Consumer or Professional User to the Website, where they will be able to conclude the contract for the purchase of the desired Product, carefully following the indications and procedures provided.
  3. These General Terms and Conditions of Sale shall be examined “on line”, before completing the purchase procedure; the submission of the order confirmation, therefore, implies full Consumer of them and their full acceptance.
  4. The Consumer or Professional User, by remotely sending confirmation of his purchase order, unconditionally accepts and undertakes to observe, in its relations with the Company, the general terms and conditions of payment set out below, declaring that he/she has read and accepts all the information provided to him/her, in accordance with the aforementioned regulations, also acknowledging that the Company does not consider itself bound to other different conditions, unless previously agreed in writing.
  5. Sales transactions are regulated, for the Consumer, by the provisions of Legislative Decree no. 206/2005, while the protection of confidentiality is subject to the rules of Legislative Decree no. 196/2003, and subsequent additions and amendments.

Art. 4 Object of the Contract and Service

  1. The Company, through its Website, offers an online sales service for high quality food Products whose essential characteristics are explained within each Product sheet.

Art. 5 Formation of Contract

  1. The Products, prices and sales conditions available on the Website – within the limits of their availability – constitute an offer to the public for the Consumer and, therefore, require, for the conclusion of the contract, the acceptance through the exact compilation of all sections and the online subscription, following the on-screen instructions and, finally, selecting and, therefore, accepting the boxes marked “Acceptance of the Conditions of Sale and Privacy Law”.
  2. For customers other than Consumers, on the other hand, orders of Products are expressly declared to be irrevocable for as long as they are to be delivered and, in any case, for 30 days from the date of the order. The irrevocable purchase proposal is finalised by means of the exact compilation and consent to the purchase manifested through the adhesion given “on line”, by following the instructions on the screen and, finally, by selecting and, therefore, accepting the boxes marked “Acceptance of the Conditions of Sale and Privacy Law”.
  3. Receipt of the order does not bind the Company until it has expressly accepted the order in writing or by dispatch of the goods.
  4. The purchaser expressly grants the company the right to accept the order placed, even partially, and to allow direct shipment of the goods within the limits determined by the Company. In this case, the contract shall be concluded with respect to the goods actually sold.
  5. The Company will keep copies of orders received and acceptances sent for a reasonable period of time, in compliance with the Applicable Law. The aforementioned documentation shall be kept on the Serverplan SRL data server, and shall be accessible to the personnel of the Company who need to consult it in connection with their duties, for the proper execution of the contractual conditions. The documentation will also be accessible to third parties for the sole purpose of the execution of the conditions, in addition to the subjects entitled to access according to the Applicable Law.

Art. 6 Sales prices and purchasing methods

  1. For the Consumer, shipping costs shall be borne by him/her, up to the Consumer’s domicile/at the Consumer’s expense, subject to exceptions and derogations that will be specifically indicated on the Website.
  2. For customer other than Consumers, shipping costs are his/her responsibility, unless otherwise agreed upon with the Company.
  3. The cost of shipping will always be indicated to the customer before the purchase is confirmed.
  4. All customers can pay for ordered goods using the payment methods indicated ‘online’ at the time of purchase.
    Prices for the different types of transport are based on weight, bulk, delivery destination and/or any other services required (insurance, delivery times, etc.).
  5. In relation to the price of the Product, the Company reserves the right to communicate any errors in the Product sheet before confirming the order.
  6. In such event, the Company will promptly inform the customer by sending a registered mail to give the customer the opportunity to withdraw the order.
  7. If the customer decides to carry out the order, he/she accepts the modified price, it being understood that, in the event of discrepancies, the modified price shall prevail.
  8. In any case, the Company shall have the right to confirm and/or change the indicated price and in this case the customer may withdraw the order before delivery if the final price is excessively high compared to the originally agreed price.
  9. The Company reserves the right to verify the regularity of advance payments made by credit card, debit card and bank transfer prior to acceptance of the order.
  10. In case in which payment of any amount due by the defaulting customer is not made, the Company may declare all unpaid amounts due to be immediately liquid and payable. The Company reserves the right to proceed against the defaulting customer to obtain payment of Product prices at any time.

Art. 7 Terms of Payment

  1. Payment can be made by choosing one of the following methods:
    • Bank transfer addressed to Agropuglia di Antonio Tasca to the following IBAN:
    • IT44V36772223000EM002087081
    • Credit Card and Prepaid Card: through the secure PayPal portal
    • Cash on delivery to courier
    • Through your PayPal account
    • Cryptocurrency though the Cripto.com portal
    • Payment with Satispay

Art. 8 Delivery/Receipt

  1. The Company will deliver the selected and ordered Products to the customer at the indicated address in the manner provided for in these General Terms and Conditions of Sale.
  2. If payment is made by credit card, delivery must necessarily take place at the cardholder’s domicile.
  3. The purchased goods shall be delivered within the terms provided for by Legislative Decree no. 206/2005 (30 days). No liability shall be attributed to the supplier for delayed or non-delivery attributable to force majeure or fortuitous events.
  4. The customer shall, upon receipt, verify the conformity of the Product delivered to him/her with respect to the order placed; only after such verification, and without prejudice to the right of revocation, the customer shall sign the delivery documents. The unreserved acceptance of the Products extinguishes all liability of the Company for any defects.
  5. The Company is not liable for damages or delays in delivery caused by the carrier to the purchased Products, being the Company totally unaware of the relationship between the carrier and the customer.
  6. The customer may choose another carrier, it being understood that transport shall be at his or her own risk, care and expense, and that payment may not be made by cash on delivery, but only by advance payment.
  7. The Company reserves the right to charge the customer for any additional costs due to changes in the delivery address that were not notified in reasonable time.
  8. If the customer, understood as the Consumer, refuses to receive or fails to receive delivery of the Product in accordance with the provisions of these General Terms and Conditions of Sale, all risks associated with the loss of or damage to the Products shall be borne by the customer. In this case, the Company may:
    • demand immediate and full payment for the Products and make delivery by any means deemed appropriate, or deposit the Products at the full risk and charge of the customer.
    • demand in any event payment of all costs of storage and warehousing of the Products and any further costs incurred due to the refusal or inability to receive delivery.
    • may cancel the order and dispose of the Products, without prejudice to its right to compensation for the damage caused by the customer, in addition to the risks and expenses mentioned above.
  9. The customer other than the Consumer shall not be entitled to reject the Products, in whole or in part, and shall make payment in full.
  10. When the Products are delivered in different batches, each batch of Products shall be deemed to relate to a separate and distinct contract; any defect found in one or more batches shall not entitle the entire contract to be terminated or the orders for each subsequent batch to be cancelled.
  11. In the event of a defect or damage affecting the Product, which must be reported no later than 10 days after its discovery, the Company is obliged to refund the price of the Product, subject to verification by the Company.
  12. To this end, the customer shall return the defective Product at his or her own expense, without tampering with it, adulterating it, or replacing it, and without dispersing its contents for inspection by the Company.
  13. In the event of a positive outcome of the checks, the Company undertakes to guarantee the refund of the price of the Product that is actually found to be defective.

Art. 9 Availability of the Products

  1. The customer can purchase Products as per the digital catalogue published on the Website, in the quantities available in stock.
  2. Although the Company endeavours to ensure a constant supply of stock, it cannot guarantee the uninterrupted availability of Products, especially in relation to fresh foodstuffs, remaining committed, in the event of unavailability and payment, to inform the customer promptly and refund the price, without additional charge, within 30 days.
  3. In relation to the sale of fresh Products, the Company specifies that this is an occasional sale linked to the supply and seasonality of the Products. The specifications of the fresh Product, offered for sale on the Website, will be duly published and highlighted at the time of the aforementioned sale, so that they can be consulted by the customer by visiting the appropriate area and the specific Product sheets.

Art. 10 Liability

  1. The Company assumes no liability for disruptions in service due to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that prevent the contract from being executed in whole or in part within the agreed time frame.
  2. The Company shall not be liable to any party or third party for damages, losses and costs incurred as a result of the non-performance of the contract for the aforementioned reasons, the Consumer being entitled only to a refund of the price paid.
  3. The Company is not responsible for any fraudulent or illicit use that may be made by third parties, of credit cards, cheques and other means of payment, when paying for Products purchased. As already stated, the Company, at no time during the purchase process is it able to know the purchaser’s credit card number which, by opening a secure connection, is transmitted directly to the bank service provider.

Art. 11 Warranty and Methods of Assistance

  1. The Company markets high quality Products and offers a warranty whose minimum duration depends on the type of Product purchased, according to the applicable law. The warranty runs from the day of purchase.
  2. All Product descriptions, illustrations, depictions, details, dimensions, presentation data and any other information available on the Webstie are to be understood as illustrations of a general nature of the Products and do not in any way represent a warranty or declaration of conformity of the Products with the same.

Art. 12 Obligations of the customer

  1. The Consumer undertakes and commits, once the purchase procedure is completed, to print these General Terms and Conditions of Sale, in order to fully comply with the conditions set forth in Legislative Decree no. 206/2005 (Consumer Code) and to check them periodically by connecting to the Website.
  2. In the event of changes to these conditions, the Consumer undertakes to print the General Terms and Conditions of Sale as amended.
  3. It is strictly forbidden for the customer to enter false and/or invented and/or fictitious data in the registration procedure required to activate the process for the execution of this contract and further communications; the personal data and e-mail address must be exclusively the customer’s own real personal data and not those of third parties, or fictitious data.
  4. It is expressly forbidden for the customer to make double registrations corresponding to one person or to enter the data of third parties. The Company reserves the right to prosecute any violation and abuse, in the interest and for the protection of all consumers.
  5. The customer indemnifies the Company from any liability arising from the issuance of incorrect tax documents due to errors in the data provided by the customer, the customer being solely responsible for their correct entry.
  6. The customer declares that he/she is of legal age and owns the necessary legal capacity to enter into a contract having the force of law between the Parties and that the information provided at the time the order is placed is up-to-date, accurate and sufficient to process the order.

Art. 13 Right of revocation and Terms of return

  1. Pursuant to Article 64 D. Lgs. 206/2005, the Consumer may exercise the right of revocation by returning the Product received in its original packaging and obtaining a refund of the price paid, or by choosing one of the price compensation options offered by the Website.
  2. The Consumer, who for whatever reason is not satisfied with the purchase made, has the right to withdraw from the contract entered into, without penalty and without specifying the reason, within 14 days of receipt of the Product.
  3. The deadline for returning the Product is 14 days from the day the right of revocation is exercised.
  4. To exercise the right of revocation, the Product must not have been used, opened, tampered with, but kept intact.
  5. To exercise the right of revocation, the customer must fill in the Return Form on the Website at the following address: https://www.agropuglia.com/form-richiesta-reso-e-recesso/.
  6. The Company will accept the returned goods, reserving the right to dispute the integrity of the Product; within 30 days of the communication of exercise of the right of revocation, the Company will refund the sums paid for the purchase of the Product. For all other methods of compensation, see point 13.8 lett. F, (Instructions for return)
  7. The right of revocation is excluded in the following cases:
    • For customised or made-to-order Products, or Products that by their nature cannot be returned;
    • for fresh foodstuffs or for food and household Products periodically delivered or which by their nature are subject to deterioration in the short term;
    • in relation to Products returned damaged, opened, tampered with and adulterated through fault attributable to the customer.
  8. RETURN INSTRUCTIONS
    • To request a return authorisation, the customer must fill in all parts of the form, indicating the order number, the items to be returned, and indicate the type of compensation desired.
    • Once the procedure has been completed, the Website will send a confirmation by e-mail, containing the return authorisation number and the instructions to be followed to return the goods.
    • The courier for the return of the goods will be indicated in the e-mail sent by the Website, the return authorisation number must be written on the consignment note, which must be filled in as indicated in the authorisation e-mail received from the Company’s returns department
    • The return shipment made with the courier service indicated by the Website will cost EUR 5.00, which will be deducted when the sum is returned to the customer.
    • If the return is sent back using a different courier, all costs shall be borne by the customer.
    • The refund: The refund will be made within 30 days of receipt of the notice of revocation. For credit card payments, the refunded amount will be available to customers in approximately 10 days and will be visible on the next credit card statement. The timing may vary depending on the credit card’s banking circuit. For payments made via Paypal or bank transfer, the amount will be refunded to the original account. The refund will be issued in the same currency as the original purchase. Any differences in amount due to exchange rate fluctuations cannot be refunded.

Article 14 Communications

  1. Any communication or notice in relation to these General Terms and Condition of Sale shall be made by registered letter with return receipt or by registered e-mail to the addresses indicated in the contact section.
  2. The last address or contact communicated by the customer shall be the address to which notices prescribed by Applicable Law with respect to legal proceedings shall be addressed, prior to the election of domicile with the attorney-in-fact.
  3. Any communication shall be deemed received:
    • Upon receipt of the registered letter
    • At the time and date of confirmation of the opening of the registered mail by the addressee.

Art. 15 Contract termination and termination clause

  1. The Company has the right to terminate the contract by simply notifying the customer, stating the reason, in which case the customer shall only be entitled to a refund of any sum already paid.
  2. The obligations assumed by the customer under these General Terms and Conditions of Sale, as well as the payment performance confirmation, are of an essential nature so that, by express agreement, the customer’s failure to fulfil any one of the aforementioned obligations shall result in the legal termination of the contract pursuant to Article 1456 of the Civil Code, without the need for a court ruling, without prejudice to the Company’s right to take legal action for compensation for further damage.

Art. 16 Privacy policy, cookies and conditions of use of the Website

Please refer to the Privacy policy section of the Website.

Please refer to the cookies policy section of the Website.

Please refer to the General Terms and Conditions of Use section contained in the Website.

Art. 17 Governing Law

  1. These General Terms and Conditions of Sale are governed by Legislative Decree 206/2005 on the Protection of Consumer Rights, by Legislative Decree 70/2003 – implementing European Directive 2001/31/EC – on Electronic Commerce, by Legislative Decree 196/2003 on the Protection of Privacy, by Legislative Decree 21/2014 – implementing European Directive 2011/83/EU on Cookie Policy – together with the provisions of the Civil Code on contracts and any other regulation or Applicable Law.
  2. Contracts concluded on the basis of these General Terms and Conditions of Sale shall be governed by the laws of Italy and any reference to the laws of other countries is excluded. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply. Such applicable law is only valid to the extent that mandatory provisions of the legislation of the Consumer’s state of residence do not oppose it.

Art. 18 Disputes Resolution

  1. All disputes relating to the application, execution, interpretation and breach of purchase contracts concluded online through the Website shall be subject to Italian jurisdiction; these general conditions refer, for all that is not provided for, to the provisions of Legislative Decree 206/2005.
  2. Any dispute between the parties concerning this contract, the competent court shall be the court where the Consumer has its domicile, in accordance with the laws in force; for all others (foreigners and non-consumers) it is agreed that any dispute, also in derogation of the rules on territorial jurisdiction, shall be brought before the Courts of Trani – Court of Appeal of Bari.