These general conditions relate to distance selling, via electronic commerce by the Società Agricola Innovativa Le Gravine S.r.l., (hereinafter referred to as Le Gravine or Supplier), based in Ginosa (Ta) to the ex S.S. 580 Km. 5,984 Via per Laterza, of the products represented on the website www.legravine.com, (hereinafter referred to as SITE), according to the procedure indicated therein and to the following conditions, of which the Customer must read and accept expressly before proceeding with the order confirmation.
2. Parts of the contract
Data of the seller: SOCIETÀ AGRICOLA INNOVATIVA LE GRAVINE S.R.L., abbreviated name Le Gravine, with registered and administrative office in ex S.S. 580 Km. 5,984 Via per Laterza - 74013 Ginosa (Ta), VAT number: 03125940738, registration number REA TA194236, e-mail: [email protected], certified mail [email protected], telephone: +39 099/4502091, fax: +39 099/4502091.
Customer: the counterpart of the sales contracts to which these general contract conditions apply is the consumer, a physical person who purchases for purposes not related to the commercial, industrial, craft or professional activity carried out.
3. Language of the contract
The language available to conclude the contract is Italian
4. Object and territorial scope of the sale
Subject of the sale are the products represented and made available on the website http://www.legravine.com, with the characteristics indicated in the relative reference cards present on the site, whose delivery must take place within the European territory.
5. Prices of the sale
The unit sales prices are expressed in €uro and indicated for each product in the reference pages of the site. The shipping price of the products is also indicated in a special section.
The unit prices of the products are inclusive of VAT and, unless otherwise indicated.
The total price of all purchased products and shipping costs is automatically calculated by the system and represented at the end of the page. The Supplier reserves the right to carry out promotions with discounts on the cost of the product or promotions in goods or transportation. The application of the discount will be displayed on the summary screen of the costs, if the promotion is in merchandise the free quantities will be shown together with those purchased.
6. How to purchase the product
The technical phases to be followed for the conclusion of the contract are those reported on the site; they must be followed by the Customer who is required to check the correctness of the data entered in the system.
6.1 Product selection and order formation
To make the purchase, the Customer must select the products he wishes to purchase by clicking on the corresponding icon, enter the data relating to the quantity of product he intends to purchase in the appropriate space and click on the “Add to shopping cart” icon. The selected products are summarized on the summary page of the “shopping cart”, together with their cost and shipping cost.
If the Customer intends to modify or correct the data entered with the product selection and the indication of the quantities, this is always possible until the order is confirmed, activating the command to return to the product presentation screen to select.
6.2 Consent to personal data treatment, registration, and delivery address indication, mobile phone and email.
Once the operation of identifying the products to be purchased has been completed, the Customer must enter his personal data, consent to the use and treatment of the same for the purposes related to the purchase contract for the aforementioned products, insert the address to who intends to receive the product, mobile phone, email and proceed with registration. If it is already registered, simply enter the credentials to access the site chosen by the user. The data will be processed in compliance with the privacy regulations as specified in the specific information on the site.
6.3 Sending the order and payment
The order form thus formed is equivalent to a contractual proposal by the Customer and is sent to the seller with confirmation of it, by clicking on the relevant icon after accepting the general conditions of contract, and after entering the data for payment to credit card required on the site. The payment of the products and the shipping costs can be made by credit card, Postapay (only in Italy), Stripe, Amazon Pay and bank transfer in advance, Money Gram, Western Union.
6.4 Acceptance of the general contract conditions
Before proceeding with the confirmation of the order the Customer must read and expressly accept the general terms and conditions of the contract, releasing the relative declaration. The Customer must print and keep or save in electronic form the present general contract conditions.
6.5 Conclusion of the contract
The contract stipulated between the Supplier and the Customer must be considered concluded with the acceptance of the order by the Supplier. This acceptance is communicated to the Customer through an e-mail confirming the order itself, with a summary of the products ordered and costs, and the address indicated for delivery and the link for tracking the shipment.
6.6 Execution of the contract. Payment.
The Supplier will ship the purchased goods according to the provisions of point 7, as soon as the Customer has received the payment, in the manner specified below.
7. Territorial scope, shipping costs and delivery times
The scope of sales and related deliveries is limited to the European territory only.
The prices and delivery times are those indicated on the page marked “Delivery times” and “Shipping”, also referred to during the purchase procedure on the summary page of the “shopping cart” that appears after the selection of the products that you they intend to buy. The shipping costs for the product you intend to purchase are calculated in the purchase procedure in addition to the cost of the product.
7.1 Shipping and delivery times.
The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure, they cannot be delivered to boxes or postal codes.
Orders placed on Friday afternoons, Saturdays and Sundays will be shipped the following Monday or the first working day.
The orders will be delivered by express courier from Monday to Friday, excluding holidays and national holidays. The Supplier is not responsible for unpredictable delays.
In the case of fresh product shipments, to guarantee the freshness of the products, all shipments will be processed from our factories only on Monday, Tuesday and Wednesday, they will reach the Customer's home within 1-2 days. For Sicily, Sardinia and EU countries, shipments will reach the Customer's home within a maximum of 3-4 days.
In the order acceptance email with the summary of it, the link with the name of the Currier and the number for tracking the shipment is also indicated. Shipments will be delivered to the address of the Customer indicated by the sender (or by the Customer himself), but not necessarily in the hands of the latter.
The Courier may inform the Customer of an incoming shipment or a failed delivery. The Customer may be offered alternative delivery options, such as delivery on a different day, delivery to his own home, to another address or to a Courier Service Point or to a third party. To take advantage of the delivery service, the Customer must indicate the mobile phone number and e-mail address, filling in the appropriate fields directly in the Technological Solution used or writing them in the notes field of the paper-filled manual Waybill.
In the event that there are impediments to delivery and the Customer does not provide instructions within 14 (fourteen) calendar days, the goods will be considered abandoned and may be destroyed or sold, it is understood that the Customer will be held responsible for any and all costs that has been generated from the management and/or disposal/destruction of your shipment.
The Supplier is not responsible for any deterioration of the products shipped in a refrigerated and non-refrigerated environment in the event of delays in collection by the Customer.
At the time of delivery it is necessary to check that the package is intact and that there have been no tampering or removal of the packaging seal. It is advisable to open the package in front of the carrier and verify that the product is as ordered and that no damage or apparent anomalies, except for any machining particular features of the product. If no problems are found, accept the delivery. In the event of non-compliance or apparent damage, strictly refuse delivery. Return the package to the courier with the indication of “damaged goods” or “non-compliant goods”.
7.2 Shipping costs
The shipping costs will be proportional to the weight and volume of the ordered goods, they will be highlighted in football to the order as the items to be ordered are confirmed. The costs will also be based on destinations in Italy, European Union countries, European countries outside the European Union..
Transport costs may be changed at any time without notice. These changes will be applied from the moment they are published on the web pages of this site. Orders received after the publication of the modifications will be subject to the transport costs displayed and indicated by the system at the time of the order, for orders received prior to the publication of the change the costs will remain unchanged.
7.3 Notification of delivery and collection
Proactive notification of collection and delivery of the shipment, via email or SMS channels, in the Customer's language. The service is particularly useful when you need to check the shipment in real time.
8. Product availability. Consent for replacement.
In the event that a product is not available in whole or in part, the Supplier will notify the Customer promptly and in any case within seven working days from receipt of the order. The Supplier will reimburse to the Customer the amounts already paid, for the value of the goods not available, unless the Customer expressly consents to replace the product with another product of equivalent or superior value and quality. In any case, the Supplier will send the available and/or replaced goods, leaving the transport costs resulting in the original order unaffected by the Customer.
9. 9. Exclusion of liability
The Supplier assumes no responsibility for the failed or delayed execution of the contract due to force majeure or unforeseeable circumstances or disruptions of the Internet network that prevent, in whole or in part, from executing the contract within the agreed time.
The Supplier is not responsible for damages, losses and costs incurred by the Customer in the event of failure to execute the contract due to reasons not attributable to him and/or the unavailability of the product ordered, since the Customer has the sole right to repay the sums paid.
Likewise, the Supplier is not responsible for any fraudulent or illegal use that may be made by third parties, credit cards, and other means of payment, when paying for the products purchased. The Supplier, in fact, at no time during the purchase procedure is able to know the Customer's credit card number which is transmitted directly to the banking institution managing the service through a secure connection.
10. Customer's obligations
The Customer undertakes and, once the online purchase procedure has been completed, undertakes to print and keep the present general conditions, which, moreover, will have already viewed and accepted as an obligatory passage in the purchase, as well as of the specifications of the product object of the purchase, and this in order to fully satisfy the condition of the Italian legislation of the Consumer Code and of the Legislative Decree 70/2003. It is strictly forbidden for the Customer to enter false, and/or invented, and/or fantasy data, in the registration procedure necessary to activate the procedure for the execution of this contract and the related further communications; the personal data and the e-mail must be exclusively their own real personal data and not of third parties, or of fantasy. It is expressly forbidden to make double entries corresponding to a single person or enter data of third parties. The Supplier reserves the right to prosecute all violations and abuses, in the interest and for the protection of all consumers.
11. Conservation of the contract
Copy of the concluded contract is stored by Le Gravine in digital format on the server used by it, according to the criteria of confidentiality and security. The Customer can view the contracts concluded in his reserved area on the site, by logging in with a password to log in.
12. Right of withdrawal. Exclusion of withdrawal.
The right of withdrawal is regulated pursuant to Article 49, paragraph 4 - Legislative Decree 206/2005.
If the Customer-consumer is a natural person (ie buys the goods not for purposes related to his professional activity, or makes a purchase without indicating in the order form a VAT number reference) he has the right to withdraw from the purchase contract for any reason. If the Customer is an operator, owner of VAT number, he has no right to withdraw from the purchase contract for any reason.
The Customer has the right to withdraw within 14 (fourteen) days from:
- from the day on which he acquires physical possession of the goods;
- in the case of multiple goods ordered by the Customer through a single order and delivered separately, from the day on which the Customer acquires physical possession of the last good.
To exercise this right of withdrawal, the Customer must fill out the form found within the “Make a Return”, and send it by registered mail with return receipt, to the following address: SOCIETÀ AGRICOLA INNOVATIVA LE GRAVINE S.r.l. – ex S.S. 580 Km. 5,984, 74013 Ginosa (Ta). Within the same deadline, the Customer can anticipate his decision to exercise the right of withdrawal by fax to n. +39 099/4502091 or by e-mail to the address [email protected] to confirm the manifestation of withdrawal, indicating the notification of withdrawal from the sales contract number …………, date ……...., of the following goods/services …………………………………………, products date receipt, the La Società Agricola Innovativa Le Gravine s.r.l. will send the return authorization by email.
Important: Customers who make a purchase with a VAT registration number cannot exercise the right of withdrawal.
To be accepted, returns must meet the following conditions:
- The product must not have been opened and must have the warranty seal intact.
- The product must be rendered inside a box, it preserves the integrity and protect it from any accidental impacts, possibly packed in the original box.The first order is always free, in Italy.
12.1 Withdrawal procedure
The right of withdrawal is subject to the following conditions (Article 67 of the Consumer Code):
- If the product has already been delivered, the consumer must return it or hand it over to a competent tradesperson, according to the procedure and time limits outlined in the contract. The time limit for returning the product must be not less than ten working days starting from the date of receipt of the product. Regarding the return deadline, the merchandise is counted as having been returned at the moment of delivery to the mail or dispatch office.
- For contracts regarding the sale of goods, in the case of the merchandise having been delivered, basic structural integrity of the product to be returned is an essential requirement if a Customer is to exercise the right of withdrawal. This requirement will be satisfied if the product is returned in its normal condition, having been kept and/or used with due care.
- The sole cost to the consumer for exercising the right of withdrawal, according to the article mentioned above, is that directly related to the return of the product to the sender, when this has been expressly indicated in the contract.
- If the right of withdrawal is exercised by the consumer in conformity with the procedure set out in this section, the trader is obliged to fully reimburse the consumer, including deposit costs. This must be carried out free of charge, with minimum delay, within thirty days of the trader being informed of the Customer's wish to exercise their right of withdrawal. Reimbursement of funds is considered legally fulfilled when these are returned, sent or credited in the appropriate currency to the Customer's account, before the time limit mentioned above.
- In the case of the payment having been made in exchange bills, if these have not yet been cashed, they should then be returned to the Customer.
- Any clause limiting the reimbursement to the consumer of money spent, resulting from their having exercised the right of withdrawal, is null and void.If the price of a good or service, subject to contract as mentioned above, is wholly or partially covered by a payment made to the consumer by the trader (or by a third party by way of an agreement between them and the trader), the credit contract is considered legally resolved with no penalty resulting – provided that the consumer exercises the right of withdrawal according to the procedure outlined in the article mentioned above. It is an obligatory duty of the trader to inform the third party making the payment about the consumer having exercised their right of withdrawal. Any funds paid out by the third party for the good or service, before becoming aware of the consumer having exercised their right of withdrawal, will be reimbursed to them by the trader, with no penalty resulting apart from payment of accrued legal costs.
12.2 When is the right of withdrawal forfeited? (article 55 of the consumer code)
The right of withdrawal outlined in Article 64 and subsequent articles, as well as in Articles 52 and 53 and Subsection 1 of Article 54 does not apply:
- To contracts relating to the supply of food products, drinks or other goods for everyday domestic consumption to the home of the consumer, or to their residence or workplace, by distributors who make regular rounds;
- To contracts relating to the provision of accommodation, transport, catering and leisure services, when at close of contract the trader undertakes to provide these services on a specified date or within a predetermined period.
Unless agreed otherwise between the two parties, the consumer cannot exercise the right to withdrawal outlined in Article 64 and subsequent articles in the following cases:
- The provision of services is initiated, with the consumer's agreement, before the time limit stated in Article 64, Subsection1;
- The supply of goods or services whose price is linked to fluctuations in financial market rates that are beyond the control of the trader;
- The supply of tailored or bespoke goods, or goods with characteristics that mean they cannot be sent back without risk of rapid deterioration or change;
- The supply of audiovisual products or computer software in sealed packaging, which has been opened by the consumer;
- The supply of newspapers, periodicals or magazines;
- Betting or lottery services.
Refer to the legal text available from the Ministry of Economic Development (Ministero dello Sviluppo Economico) for further information. (link)
13. Legal guarantee of conformity
Pursuant to the articles 129, 130 and 132 of the Consumer Code, in the presence of an established lack of conformity, the Customer has the right to his choice to restore, without charge, the conformity by replacing the product, or an adequate price reduction or resolution of the contract, where one of the following situations occurs:
- the substitution is impossible or excessively burdensome;
- the Supplier has not provided for the replacement of the goods within the reasonable time;
- the replacement carried out has caused considerable inconvenience to the consumer.
13.1 Warranty terms
The Customer will have to report the lack of conformity, under penalty of forfeiture, within one month from the date on which he discovered the defect.
The Supplier is liable when the lack of conformity occurs within two years from the delivery of the goods.
13.2 Procedures for reporting to the Supplier
The Customer will have to report the lack of conformity, within the period referred to in point 1 of this article, by means of a declaration sent by registered letter with acknowledgment of receipt to the following address:
SOCIETÀ AGRICOLA INNOVATIVA LE GRAVINE S.r.l. - ex S.S. 580 Km. 5,984, 74013 Ginosa (Ta), by fax to n. +39 099/4502091, tel. +39 099/4502091 or by e-mail to the address [email protected] which must be followed within 48 hours by the aforementioned registered letter with acknowledgment of receipt confirming the expressed withdrawal.
The Customer can report a complaint by sending an e-mail to: [email protected] within 3 days of receiving the product, indicating the nature of the complaint and sending a photo of the product.
If the Supplier deems it necessary, the Customer must send the goods object of the complaint by courier, to allow for the necessary checks.
Everything will be the responsibility of the Supplier who will assess whether the complaint is justified or not, in which case he will immediately replace the item.
15. Applicable law, Jurisdiction and competent court
The sales contract with the Innovative Agricultural Company Le Gravine S.r.l. is intended to be concluded in Italy and is governed by Italian law. Any dispute relating to the application, execution, interpretation and violation of purchase contracts stipulated “on line” via the website http://www.legravine.com is subject to Italian jurisdiction and the court of residence or elective domicile will be competent of the Customer, if located in the territory of the State. In all other cases the Court of Taranto (Ta) will be competent.