The conditions set out herein can be saved as a PDF file and/or printed.
The Buyer expressly declares that he is making this purchase for purposes that do not pertain to any commercial or professional activity that he may perform.
Identification of the Supplier
The goods that are the object of these general conditions are put up for sale by Pro.BIO –Associazione produttori biologici laziali, based in Via del Grottino, SNC, 00046 Grottaferrata, RM, C.F. e P. Iva: 10411531006, n. REA: 0 Tel: 329 7441092, email address pro.bio.lazio@gmail.com, hereafter referred to as “Supplier”.
ART. 1
DEFINITIONS
1. The phrase “online sales contract” designates the sales agreement concerning the Supplier’s movable tangible property (food), concluded between this latter and the Buyer in the context of a system for distance selling provided through telematic instruments, organized by the Supplier.
2. The phrase “Buyer” designates the consumer, a physical person who makes the purchase for purposes not related to any commercial or professional activity he performs.
3. The phrase “Supplier” designates the subject indicated in the epigraph, i.e., Pro.BIO –Associazione produttori biologici laziali, within the meaning of “trader” as defined by EU and Italian law.
ART. 2
SUBJECT OF THE AGREEMENT
1. Through this agreement, respectively, the Supplier sells and the Buyer purchases at a distance through telematic instruments the movable tangible property indicated and offered for sale on the website www.pro-bio.it.
2. The products referred to in the previous point are illustrated on the webpage: www.pro-bio.it/en/shop.
3. The principal characteristics of the goods put up for sale are illustrated next to each one of them on the relevant reference page.
ART. 3
ARRANGEMENTS FOR CONCLUDING THE CONTRACT
The agreement between the Supplier and the Buyer is concluded exclusively online through the Buyer’s access of the website www.pro-bio.it, where, by following the indicated procedures, the Buyer will come to formalize the proposal for the purchase of the goods referred to in point 1 of the previous article.
ART. 4
CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
1. The purchase agreement is concluded through the accurate filling of the request form and the consent to purchase shown by participating in the online procedure, i.e., by filling out the form/module attached to the online electronic catalog on the website www.pro-bio.it/en/checkout and the successive submission of the form/module itself, always after the Buyer has viewed a printable page summarizing the order, that shall include the details of the ordering party and the order, the price of the good purchased, the shipping charges and any additional fees, the terms and conditions of payment, the address where the good will be delivered to, the delivery schedule and the existence of the right of withdrawal.
2. Once the Supplier has received the order from the Buyer, he takes care to send a confirmation email or to display a printable confirmation page that summarizes the order and that shall include all the information listed in the previous point.
3. The agreement between the parties is not considered finalized and in effect if it does not comply what is indicated in the point above.
ART. 5
PAYMENT METHOD AND REFUNDS
1. Every payment made by the Buyer must take place only through one of the methods indicated in the relevant page by the Supplier.
2. Any refund made towards the Buyer will be credited through the same method used by this latter, unless the Supplier has proposed a different method and the Buyer has accepted it; the refund will be processed in a timely manner and, if the right of withdrawal is exercised, at the latest within 14 days from the date when the Supplier becomes aware of said exercise of the right of withdrawal.
3. The Supplier will not refund any additional charges, concerning, for example, a delivery method chosen by the buyer himself that is different, and more expensive, than the standard service offered to him by the Supplier.
4. The Supplier reserves the right to withhold the refund until the Buyer has returned to him the goods that are the object of this agreement or until the Buyer has shown proof of shipment.
5. All communications pertaining to payments shall take place through a specific line set up by the Supplier and protected through an encryption system. The Supplier guarantees that this information will be stored with an additional layer of security encryption and in compliance with what is foreseen by the current laws on the protection of personal data, laid down in the respective Code (Legislative Decree 196/2003), as well as EU Regulation 2016/679 (so-called GDPR).
ART. 6
DELIVERY SCHEDULE AND METHOD
1. The Supplier will take care to deliver the products selected and ordered through the methods chosen by the Buyer or indicated on the page where the good is offered, as confirmed in the emailed referred to in article 4, point 2.
2. The shipment terms may vary from the same day the order is made to a maximum of 7 working days from the confirmation of this order. If the Supplier is unable to carry out shipment within this term but, nevertheless, manages to do so within the period indicated in the next point, the Buyer shall be informed promptly by email.
3. In any case, the Supplier undertakes to deliver the products within 30 days from the conclusion of the agreement.
4. If the Supplier does not deliver the products within 30 days, the Buyer invites him to do so within an additional time period as appropriate according to the circumstances, as long as the Buyer is still interested and the good is indeed delivered to him, although with the above-mentioned delay. It is understood that if the delivery time is considered essential by the Buyer, in the sense that a delivery made after this term is useless to him, the Buyer will have the right to be refunded the amount paid.
5. The risk inherent in any loss or damage to the good is transferred to the Buyer the moment when the delivery is made; nevertheless, if the Buyer chooses personally a carrier not proposed by the Supplier, the above-mentioned risk is transferred onto the buyer the moment the good is shipped (that is when the good passes into the hands of the carrier chosen by the Buyer).
6. The method, times and costs of shipment will be clearly indicated and highlighted in the following page: www.pro-bio.it/en/checkout/.
7. The Buyer may file a complaint with the Supplier as set out in Article 17 below if he considers that this latter has failed to comply with the obligations described above.
ART. 7
PRICES
1. All the sale prices of the products shown and highlighted on the website www.pro-bio.it/en/shop, are expressed in euros and constitute the offer to the public pursuant to article 1336 of the Italian Civil Code.
2. The sale prices include VAT and any other taxes. Shipping costs and any additional charges, if applicable, although not included in the sale price, will be indicated and calculated during the purchase process before the order is placed and also featured in the page that summarizes the order made.
3. The prices indicated for each good offered to the public will be valid until the date specified in the catalog.
ART. 8
PRODUCT AVAILABILITY
1. The Supplier, through his telematic system, ensures the processing and fulfillment of the orders without delays. For this purpose, he indicates in real time, in his own electronic catalog, the number of products available and what products are not available, as well as the shipping time.
2. If an order exceeds the quantity available in the warehouse, the Supplier shall inform the Buyer by e-mail if the good is no longer acquirable and how long the Buyer will have to wait to acquire the chosen item, and asking the Buyer if he wants to proceed with the confirmation of the order or not.
3. The Supplier’s information system confirms as quickly as possible the registration of the order, forwarding the user a confirmation by email, pursuant to article 4, point 2.
ART. 9
LIMITATIONS OF LIABILITY
1. The Supplier does not assume any responsibility for disruptions attributable to events of force majeure that prevent it from executing the order within the times provided for in the contract.
2. The Supplier cannot be held responsible towards the buyer, except in cases of willful misconduct or gross negligence, for disruptions or malfunctions arising out Internet use that is outside the control of the Supplier or that of his sub-suppliers.
3. The Supplier will also not be responsible for damages, losses and costs incurred by the Buyer as a result of the non-execution of the contract for reasons not attributable to him, the Buyer being entitled only to the full refund of the price paid and any additional charges incurred.
4. The Supplier assumes no responsibility for any fraudulent and illegal use that may be made by third parties of credit cards, checks and other means of payment, upon payment of the purchased products, if he can prove that he has adopted all possible precautions based on the best available science and experience at the moment, as well as all reasonable due diligence.
5. Under no circumstances can the Buyer be held responsible for delays or payment misunderstandings if he can prove that he has made the payment within the timeframe and pursuant to the procedures indicated by the Supplier.
ART. 10
LIABILITY FOR DEFECTS, PROOF OF DAMAGE AND REPARABLE DAMAGE: SUPPLIER’S OBLIGATIONS.
1. The Supplier is responsible for the damage caused by any defects in the goods sold if he fails to communicate to the injured party, within three months of the request, the identity and domicile of the manufacturer or of the person who supplied the goods.
2. The aforementioned request by the injured party must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer in display of the product, if it still exists.
3. Liability is excluded:
– if the manufacturer has not put the product into circulation;
– if the defect that caused the damage did not exist when the manufacturer put the product on the market;
– if the manufacturer has not manufactured the product for sale or for any other form of paid distribution, nor has it manufactured or distributed the product as part of its exercise of its professional activity;
– if the defect is due to the product’s compliance with an obligatory legal rule or a binding provision;
– if the state of scientific and technical knowledge, at the time the manufacturer put the product into circulation, did not allow the product to be considered defective;
– in the case of a manufacturer or supplier of a component part or of a raw material, if the defect is entirely due to the conception of the product in which the component part or raw material has been incorporated or to the compliance of this with the instructions given by the manufacturer that has used it.
4. No compensation will be owed if the injured party has been aware of the defect of the product and the danger that could be derived from it and has nevertheless voluntarily exposed himself to it.
5. In any case, the injured party must provide proof of the defect, the damage, and the causal connection between the defect and the damage.
6. The injured party may request compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that the product is of a type normally intended for private use or consumption and thus mainly used by the injured party.
7. The damage to things will, however, be compensable only to the extent that it exceeds the sum of €387.00 (three hundred eighty-seven euros).
ART. 11
WARRANTIES AND SUPPORT METHODS
1. The Supplier is liable for any lack of conformity that occurs within two years from the delivery of the goods.
2. For the purposes of this agreement, consumer goods are presumed to comply with the agreement if, where relevant, the following circumstances coexist: a) they are suitable for the use for which goods of the same type are normally used; b) comply with the description made by the seller and possess the same qualities as the goods that the seller has presented to the consumer as a sample or model; c) present the usual quality and performance of a good of the same type, which the consumer can reasonably expect, taking into account the nature of the good and, where appropriate, public declarations on the specific characteristics of the goods made in this regard by the seller, by the producer or its agent or representative, particularly in advertising or on labeling; d) they are also suitable for the particular use desired by the consumer and which was brought to the attention of the seller at the time of the conclusion of the contract and which the seller has accepted also for conclusive facts.
3. There is no lack of conformity if, at the time of the conclusion of the contract, the consumer was aware of the defect, or in any case could not ignore it with reasonable due diligence or if the defect derives from instructions or materials supplied by him.
4. The Buyer loses all rights if he does not report the lack of conformity to the seller within two months from the date on which the defect was discovered. A complaint is not necessary if the seller has acknowledged the existence of the defect or has concealed it.
5. In any case, unless proven otherwise, it is assumed that defects of conformity that occur within six months of delivery of the goods already existed at the time of delivery, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect of compliance.
6. In the event of a lack of conformity, the Buyer may request, alternatively and at no additional charge, under the conditions indicated below, the repair or replacement of the purchased goods, a reduction in the purchase price or the termination of this contract, unless the request is objectively impossible to satisfy or is too expensive for the Supplier pursuant to article 130, paragraph 4, of the Italian Consumer Code.
7. The request must be sent to the Supplier in writing, by registered mail, fax, pec or email with receipt of delivery, and the Supplier will indicate his willingness to process the request, or the reasons that prevent him from doing so, within seven working days from receipt. In the same communication, if the Supplier has accepted the Buyer’s request, he must indicate the methods of shipping or returning of the goods as well as the deadline for returning or replacing the defective goods.
8. If repair and replacement are impossible or excessively expensive, or the Supplier has not provided for the repair or replacement of the goods or, finally, if the replacement or repair previously carried out have caused significant inconvenience to the Buyer, he may ask, at his choice, a reasonable price reduction or the termination of the contract. In this case, the buyer must send his request to the Supplier, who will indicate his willingness to act on it, or the reasons that prevent him from doing so, within seven working days of receipt.
9. In the same communication, if the Supplier has accepted the Buyer’s request, he must indicate the proposed price reduction or the methods to be used for returning the defective goods. In such cases, it will be the responsibility of the Buyer to indicate the methods to be used for receiving the amounts previously paid to the Supplier.
10. A minor lack of conformity that is impossible or excessively burdensome to remedy, repair or replace does not give the right to terminate the contract.
ART. 12
BUYER’S OBLIGATIONS
1. The Buyer declares to be of legal age and to possess the legal capacity necessary for the signing of a contract having the force of law between the parties and that the information provided at the time of the order is accurate and sufficient to allow the supplier to process it.
2. The Buyer undertakes to pay the price of the purchased goods within the times and in the manner indicated in these conditions of sale as well as in the summary pages of the placed order.
3. The Buyer is aware of the fact that the supplier, at the end of the online purchase procedure, gives him the opportunity to save and to print the page where the order details are shown, and therefore to keep it on a durable medium.
4. In case of exercise of the right of withdrawal, the buyer shall return the goods or deliver them to the supplier or to a third party authorized by the Supplier within 14 days of withdrawal; the deadline is respected even if the Buyer returns the goods to the supplier within this deadline.
The direct cost of returning the goods is borne by the buyer.
5. Furthermore, the information contained in these conditions has already been viewed and accepted by the Buyer, who acknowledges to have done so, as this step is mandatory before purchase confirmation.
ART. 13
RIGHT OF WITHDRAWAL
1. The Buyer has in any case the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 14 (fourteen) working days, starting from the day of receipt of the purchased good.
2. In the event that the Supplier has not satisfied his obligation to provide information on the existence, methods and times of return or withdrawal of the goods in case of exercise of the right of withdrawal, the deadline for exercising the right of withdrawal is 12 (twelve) months and runs from the day of receipt of the goods.
3. The Buyer who decides to exercise the right of withdrawal must notify the supplier by registered letter with return receipt to the address Via del Grottino, SNC, 00046 Grottaferrata RM or by certified e-mail to the address associazione-pro.bio@legalmail.it or, finally, by e-mail to the address lazio.probio@gmail.com. For the purposes of exercising the right of withdrawal, the sending of the communication can validly be replaced by the return of the purchased good, provided that said return is done under the same terms. In this case, the date of delivery to the post office or the carrier shall prevail between the parties.
The Buyer can also use the “Standard withdrawal form” as a model to file any possible request as described above.
4. The return of the goods must however take place at the latest within 14 (fourteen) days from the date of receipt of the same. In any case, to be entitled to a refund of the price paid, the goods must be returned intact and, in any case, in a normal condition. Therefore, in the event that the consumer has handled the good beyond its “normal” use, he will have to reimburse its value in whole or in part, depending on the type of good and therefore on how the supplier evaluates the fact that he is retaking possession of a good that is not perfectly intact.
5. The Buyer’s right of withdrawal is however excluded in the following cases:
– for the supply of tailor-made or clearly personalized goods;
– for the supply of goods that are liable to deteriorate or expire rapidly;
– for the supply of sealed goods which are not suitable for return for hygienic or health protection reasons and which have been opened after delivery;
– for the supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods;
– the supply of alcoholic beverages, the price of which was agreed at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the actual value of which depends on market fluctuations that cannot be controlled by the professional.
6. The only costs payable by the buyer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Supplier, unless the Supplier has accepted to take charge of them.
7. The Supplier will freely refund the entire amount paid by the Buyer for the previous purchase of the goods within 14 days from receipt of the notice of withdrawal (excluding the costs referred to in the previous point, i.e., those relating to the shipment of the goods to the supplier by the consumer).
8. However, the Supplier reserves the right not to proceed with the refund until it has received the good from the buyer or until the buyer proves that he has shipped it back to the Supplier.
9. Upon receipt of the communication with which the Buyer communicates his exercise of the right of withdrawal, the Parties to this contract are released from their mutual obligations, without prejudice to the provisions of the previous points of this article.
ART. 14
TERMINATION CAUSES
The obligations referred to in article 12, assumed by the Buyer, as well as the guarantee of the successful completion of the payment that the Buyer makes with the means referred to in article 5, and also the exact fulfillment of the obligations assumed by the Supplier in article 6, have an essential character, so that by express agreement, the violation of only one of these obligations, unless arising because of unforeseeable circumstances or force majeure, will entail the termination of the contract by law pursuant to article 1456 of the Italian Civil Code, without the need for a judicial decision.
ART. 15
PROTECTION OF CONFIDENTIALITY AND PROCESSING OF BUYER’S DATA
1. The Supplier protects the privacy of his customers and guarantees that any data processing complies with the provisions of legislations on privacy pursuant to Legislative Decree n. 196 of 30 June 2003, as well as EU Regulation 2016/679.
2. Any personal and tax data acquired directly and/or through third parties by the Supplier, who is the data controller, is collected and processed in hardcopy, IT, telematic form, depending on the processing methods, for the purpose of registering the order and activating the procedures for the execution of this contract and the relevant necessary communications, as well as for the fulfillment of any legal obligations, and to allow for the effective management of commercial relations to the extent necessary to best perform the requested service.
3. The Supplier undertakes to treat the data and information transmitted by the Buyer as confidential and not to disclose them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. These data may be presented only upon request of a judicial authority or other authorities empowered by law.
4. Personal data will be communicated, after they signing a commitment to the confidentiality of the data, only to subjects delegated to carry out the activities necessary for the execution of the contract stipulated and communicated exclusively for this purpose.
5. The Buyer enjoys the following rights:
a) the right to update, rectify or, when interested, integrate the data;
b) to cancel, transform into anonymous or block the data processed in violation of the law, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed;
c) to receive confirmation that the operations referred to in letters a) and b) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case where this fulfillment proves impossible o involves a use of means manifestly disproportionate to the protected right. The data subject also has the right to object, in whole or in part:
i) for legitimate reasons, to the processing of personal data concerning him, even if pertinent to the purpose of the collection;
ii) to the processing of personal data concerning him for the purpose of sending advertising or direct sales materials or for carrying out market research or commercial communication.
6. The communication of personal data by the Buyer is a necessary condition for the correct and timely execution of the purchase contract. Failing that, the Buyer’s request cannot be processed.
7. In any case, the acquired data will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. However, their removal will take place safely.
8. The holder and controller of personal data for the Supplier, to whom the buyer can address each request at the company headquarters, is Mrs. Silvia Brannetti, in his capacity as data controller.
9. Anything received at the Supplier’s address (including email address) (requests, suggestions, ideas, information, materials, etc.) will not be considered confidential information or data, must not violate the rights of others and must contain valid information, not harmful to the rights of others and truthful, in any case no responsibility can be attributed to the Supplier regarding the content of the messages themselves.
CONTRACT STORAGE METHOD
The Supplier informs and, at the same time, guarantees to the Buyer that every order sent is stored electronically/in print on the server/in the headquarters of the Supplier himself in compliance with the appropriate privacy and security requirements.
ART. 17
COMMUNICATIONS AND CLAIMS
1. Written communications addressed to the Supplier and any claims will be deemed valid only if sent to the following address by registered mail with receipt confirmation: Via del Grottino, SNC, 00046 Grottaferrata RM or by certified e-mail to the address associazione-pro.bio@legalmail.it or, finally, by e-mail to the address lazio.probio@gmail.com. The Buyer must indicate in the registration form her/his own residence or domicile address, her/his phone number or email where she/he wishes to be sent communications by the Supplier.
2. The Supplier undertakes to process the claims received with the utmost seriousness and urgency and give a prompt response to each one of them.
Art. 18
DISPUTE RESOLUTION
1. Any disputes arising between the Supplier and the consumer can be referred to the authorized mediation bodies in order to allow for the out-of-court settlement of the controversy.
Pursuant to Article 14 of EU Regulation 524/2013, the Buyer can, for example, present a claim through the ODR platform of the European Union (link: http://ec.europa.eu/consumers/odr/). This is without prejudice to the Buyer’s right to approach another mediation body.
2. Whenever the Parties intend to apply to an ordinary Judicial Authority, the competent court will be the place of residence or the elected domicile of the Buyer if he is located within Italy. Otherwise, the local jurisdiction will be that of the courts of Latina.
3. In that event that a buyer is not included in the notion of consumer, the Parties agree to elect as exclusive courts those of Latina.
ART. 19
APPLICABLE LAW AND REFERENCES
1. This agreement is governed by Italian law, as well as by the legislation of the European Union, and in particular, respectively, by Legislative Decree 206/2005 (“Consumer Code”) and by Directive 2011/83/EU (On Consumer Rights), as well as by Legislative Degree 70/2033, implementing Directive 2011/31/EC on e-commerce.
2. For matters not expressly disciplined herein, the laws applicable to the relationships and cases provided for in this contract apply, and in particular Article 5 of the 1980 Rome Convention.
3. Pursuant to Article 50 of Legislative Decree 206/05, the laws contained in Part III, Title III, Chapter I of Legislative Decree 206/05 are expressly referred to herein.
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Pursuant to Article 1341 of the Italian Civil Code, the Buyer declares that he has read and accepts the following articles of these general conditions: article 5, article 6, article 9, article 12, article 13 and article 19.
I ACCEPT THE ABOVE-MENTIONED CONDITIONS
STANDARD WITHDRAWAL FORM
Esteemed company_________________, LOCATED in Italy, with registered office in____________, at_________________, VAT and C.F. No.:____________________________, phone no.: +39____________, fax: +39_______________, PEC address________________, email_____________;
Hereby, I the undersigned___________________, residing in________, in the city of_________, at___________, I notify you of my withdrawal from the sales contract of the following goods:_________________________________________________________________.
Said goods were ordered on ________________________ and received on___________________________.
Date_______________________
Signature_________________________
