Premises
These General Terms and Conditions of Sale (hereinafter “GTCS”) govern the remote purchase of products offered for sale on the website https://tenutafrascanera.com/shop (hereinafter the “Website”), regulated in accordance with Italian law and, in particular, Legislative Decree No. 206 of 6 September 2005 (Consumer Code) as amended, and Legislative Decree No. 70 of 9 April 2003 (implementation of Directive 2000/31/EC on electronic commerce) as amended, as well as any other applicable legislation in this matter.
The Site is intended exclusively for sales to consumers, meaning natural persons who purchase for purposes unrelated to their commercial, entrepreneurial, or professional activity, pursuant to Article 3, paragraph 1, letter a), of the Consumer Code (hereinafter “Consumer/s”). If the user interested in making a purchase is not a Consumer, we invite them to contact us for
information at the following address info@tenutafrascanera.com.
The Consumer who accesses the Website to make purchases is required, before submitting the order, to carefully read these GCS which are made available on the Website; placing an order via the Website implies, in any case, full knowledge and complete acceptance of these GCS by the Consumer.
ARTICLE 1 – SELLER IDENTIFICATION
1.1 Company name: Tenuta Frascanera di Marco Giroldi (hereinafter “Seller” or “Business”)
Registered office: Via Bebbio n. 5, Carpineti (RE), Italy
Tax Code: GRLMRC80B12H223A
VAT Number: IT03033560354
REA Number / Registration in the Register of Companies of Reggio Emilia: RE – 352157
Email address: info@tenutafrascanera.com
PEC: marco.giroldi@pec.agritel.it
Telephone: +39 3387677517
Organic certification mark: Control body code: 009 – Operator code: FS84
ARTICLE 2 – SUBJECT MATTER OF THE CONTRACT AND DESCRIPTION OF THE PRODUCTS
2.1 The Products available for purchase on the Website (hereinafter the “Products”) are described in their respective product information sheets, which also indicate whether they are products produced directly by the Seller as part of its agricultural activities (hereinafter the “Own Products”) or products manufactured by third-party operators, including those using raw materials supplied by the Seller (hereinafter the “Supply Chain Products”). The images of the Products published on the Website are for illustrative purposes only and may not accurately represent the appearance of the Products delivered, which may differ in colour and size; in such cases, the product description provided in the product information sheet shall prevail.
2.2 Product availability is updated in real time, but may occasionally be subject to change. In some cases, a product may appear to be available at the time of the order but no longer be available when the order is being prepared. If a product is no longer available after an order has been placed, the Seller shall promptly inform the Consumer, offering them the option to wait for it to be restocked, replace the product with one of equal value, or receive a full refund.
2.3 The Seller reserves the right to modify the packaging of the Products in compliance with current legislation.
ARTICLE 3 – PURCHASING PROCEDURE AND CONCLUSION OF THE CONTRACT
3.1 For the purchase of the Products, the Consumer must select the desired Products, add them to the virtual basket, fill in the shipping and billing details, select the payment method, read and accept these terms and conditions of sale and the privacy policy regarding the processing of personal data, and confirm the order to proceed with the relative payment by clicking on the “Buy” button (hereinafter the ’Order“). Before proceeding with payment, the Consumer will have the opportunity to check the Order summary and correct any errors.
3.2 The Order constitutes a binding contractual offer by the Consumer to the Seller. Receipt of the Order is automatically confirmed by the system with a summary email, which does not constitute acceptance of the Order. The sales contract (hereinafter the “Contract”) shall be deemed concluded only when the Consumer receives an Order confirmation email from the Seller containing a summary of the Customer's details, including the delivery address, the Products purchased, the total price, shipping costs, and the Order number (hereinafter the “Order Confirmation”).
3.3 The Seller reserves the right not to accept the Order (by way of example and without limitation, in the event of subsequent unavailability of the Products, errors in the indication of the price published on the Site, impossibility of delivering the order to the indicated address, etc.). In such an event, the Seller shall inform the Consumer and shall proceed with the refund of any amounts already paid within a period of 14 (fourteen) days.
ARTICLE 4 – PRICES, VAT AND ACCESSORY CHARGES
4.1 The prices of the Products published on the Site are expressed in Euros (€) and are inclusive of VAT (Value Added Tax) at the applicable rate, as indicated on each Product sheet. The prices of the Products are subject to possible changes.
4.2 Shipping costs, which are borne by the Consumer, are indicated separately before Order confirmation and vary according to weight, volume, destination and the chosen shipping method. Free shipping is provided for purchases of Products for an amount exceeding 100.00 (one hundred/00) Euros. Any additional costs related to particular delivery methods necessary in relation to specific characteristics of the Products or to the methods and/or timing of their delivery (by way of non-exhaustive example, refrigerated packaging, shipments to islands or remote areas, etc.) will be communicated by the Seller to the Consumer before Order confirmation and shall be borne entirely by the latter.
4.3 The Vendor reserves the right to correct any clerical errors in the price prior to sending the Order Confirmation. Should a pricing error be detected after the Order Confirmation, the Vendor shall promptly notify the Consumer, who may either confirm the Order at the correct price or cancel it with the right to a full refund.
ARTICLE 5 – PAYMENT METHODS
5.1 Payment for the Products and the relative shipping costs may be made using the following methods: credit/debit card (Visa, Mastercard, Maestro, American Express networks); PayPal; bank transfer in advance (to the bank details that will be communicated in the Order Confirmation); Satispay; cash on delivery; other methods indicated from time to time as accepted on the Website
5.2 In the event of payment by credit/debit card, the charge shall be made at the time of Order Confirmation. In the event of payment by bank transfer, the Order shall be fulfilled following the actual crediting of the amount to the Seller's bank account; if 5 (five) working days have elapsed from the sending of the Order without the Seller having received the credit, the Order shall be deemed automatically cancelled.
5.3 The Seller reserves the right to cancel the Order in the event of non-payment or anomalies detected in payment transactions (including, by way of example and without limitation, in the event of a fraud report by the payment network, transaction chargeback, etc.).
5.4 The Consumer's payment data are neither processed nor stored by the Seller, but rather managed directly by the payment service provider.
5.5 The Consumer who wishes to receive an invoice is required to communicate their tax code and/or VAT number and invoicing details at the time of the Order. The invoice will be sent to the Consumer in electronic format, in compliance with current legislation.
ARTICLE 6 – SHIPPING AND DELIVERY
6.1 The Products are shipped by courier to the address indicated by the Consumer at the time of the Order.
6.2 Estimated delivery times are between 7 (seven) and 15 (fifteen) working days from the date of the Order Confirmation (or from the date the bank transfer is credited) and may be subject to variations due to unforeseeable circumstances and/or circumstances beyond the Vendor's control. In any case, barring force majeure or fortuitous events, delivery shall take place within a maximum period of 30 (thirty) days from the date of the Order Confirmation.
6.3 Upon delivery, the Consumer is required to check the integrity of the packaging and the exterior conformity of the parcel. Any visible damage to the packaging or anomalies must be immediately reported to the courier by applying a written note of reserve of control on the transport documentation.
6.4 In the event of non-delivery due to the Customer’s absence, the courier shall attempt a second delivery. Any storage costs shall be borne by the Customer. If the parcel is not collected even on the second delivery attempt and is returned to the Vendor, the Customer shall be contacted to arrange a new shipment, with the relative additional costs being charged. The Vendor declines all responsibility for any deterioration of the Products caused by delivery delays not attributable to the Vendor and/or failure by the Consumer to collect them promptly from the delivery address.
ARTICLE 7 – RIGHT OF WITHDRAWAL
7.1 The Consumer has the right to withdraw from the Contract, without penalty and without giving any reason, within 14 (fourteen) days from the date of delivery of the Products. In the case of an order relating to multiple goods delivered separately, the period for each product shall run from the day of its respective delivery.
7.2 To exercise the right of withdrawal, the Consumer must inform the Seller of their decision to withdraw from the Contract by means of an explicit statement sent by email (info@tenutafrascanera.com) or certified email (PEC) (marco.giroldi@pec.agritel.it), or by registered letter with return receipt to the Seller’s registered office at Via Bebbio n. 5, Carpineti (RE), Italy. The Consumer may use the model withdrawal form available for download here, although this is not a mandatory condition for the valid exercise of the right.
7.3 The Consumer is required to return the Products intact, in their original packaging, unopened and unused, within 14 (fourteen) days of sending the notice of withdrawal. The return costs shall be borne by the Customer. The shipping address for returns is: Tenuta Frascanera di Marco Giroldi – Via Bebbio n. 5 – 42033 Carpineti (RE).
7.4 The right of withdrawal is governed by the following conditions: it applies to the purchased Product in its entirety; therefore, if the Product is composed of multiple components or parts, it is not possible to exercise the right of withdrawal only on part of the purchased Product; the Seller shall refund to the Consumer the full amount of the returned Products, including the fixed delivery charge (excluding, however, any additional costs resulting from the Consumer's possible choice of a delivery type other than the least expensive standard delivery method offered), within 14 (fourteen) days from the date on which the notice of withdrawal was received, without prejudice to the Seller's right to withhold the refund until actual receipt of the returned Products and verification thereof; the refund will be made using the same payment method used by the Customer, unless otherwise expressly agreed.
7.5 The right of withdrawal is excluded with regard to: Products which are liable to deteriorate or expire rapidly; Sealed products which are not suitable for return for hygienic reasons or related to health protection or which have been opened after delivery; Products which, after delivery, are by their nature inextricably mixed with other goods. In cases where the right of withdrawal is excluded, the Seller shall return the purchased Products to the Consumer, charging the latter for the relative shipping costs.
ARTICLE 8 – LEGAL GUARANTEE OF CONFORMITY
8.1 The Seller provides the statutory guarantee for lack of conformity of the Product existing at the time of delivery and which becomes apparent within 2 (two) years of delivery, provided that the Product is not by its nature perishable or subject to an expiry date within a shorter period, in which case the legal guarantee of conformity shall apply within the limits of such periods of perishability/expiry.
8.2 In the event of a duly established lack of conformity, the Consumer shall be entitled, in the first instance, to have the conformity of the Product restored by means of replacement, free of charge, within a reasonable time. Where such remedy proves impossible or excessively burdensome, or the Seller has failed to provide it within a reasonable time, the Consumer shall be entitled to a proportional reduction of the price or to the termination of the Contract, under the terms and conditions set out in the Consumer Code.
8.3 The legal guarantee does not apply in the event of: improper use of the Product; failure by the Consumer to observe the Product storage instructions indicated on the label; – adverse reactions to ingredients and allergens indicated in the Product data sheet and on the label.
ARTICLE 9 – FORCE MAJEURE
9.1 The Seller shall not be liable for any failure, delay or impossibility in the performance of its contractual obligations due to causes of force majeure or acts of God (including, by way of example but not limitation: armed conflicts, natural disasters, epidemics or pandemics, acts of public authority, legislative or administrative measures, strikes, interruptions or delays in transport services, technological failures, cyberattacks, power grid or telecommunications interruptions). In the event of a force majeure occurrence, the Seller's obligations shall be suspended for the entire duration of the impeding event. Should the suspension continue for a period exceeding 45 (forty-five) consecutive days, either party shall have the right to terminate the Contract without this entitling either party to any compensation or penalty, without prejudice to the Consumer's right to a refund of amounts already paid for Products not delivered.
ARTICLE 10 – PRIVACY AND PROCESSING OF PERSONAL DATA
10.1 The personal data provided by the Customer is processed in compliance with privacy legislation (EU Regulation 2016/679 – GDPR and subsequent amendments and additions). The complete privacy policy can be viewed in the dedicated section of the Site or by clicking here https://tenutafrascanera.com/privacy-policy/
ARTICLE 11 – COMPLAINTS – ADR – APPLICABLE LAW – JURISDICTION
11.1 The Consumer may send any complaints to the Seller using the contact details indicated in the preceding Article 1 of these GCS. The Seller undertakes to respond to such complaints within 30 (thirty) days of receiving them.
11.2 For any dispute relating to the interpretation, performance or termination of these GTC and of the individual sales contracts, the Consumer may apply to an Alternative Dispute Resolution (ADR) body, in accordance with the conditions set out in the Rules of such body and the provisions of Legislative Decree No. 206/2005 (Consumer Code) under Articles 141 et seq. This is without prejudice to the right to apply to the ordinary courts.
11.3 These GCS and the sales contracts concluded via the Website are governed by Italian law.
11.4 For any dispute relating to the interpretation, performance or termination of these GTC and individual sales contracts, exclusive jurisdiction shall lie with the court of the place of residence or domicile of the Consumer, if located within the territory of the Italian Republic. Otherwise, jurisdiction shall lie with the Court of Reggio Emilia.