Premise: effectiveness of online sales conditions
These online conditions of sale regulate the purchase of products from the website www.bio-orto.com in compliance with the italian legislation on distance contracts (Legislative Decree 70/2003).
The website www.bio-orto.com is owned by BioOrto soc. coop., Posta del Colli, 71101 Apricena (FG), Italy, VAT n. 03477260719.
Art. 1 – Premises
The premises are an integral part of these conditions of sale.
Art. 2 – Definitions
The term "online sales contract" means the sales contract relating to the goods owned by Bio Orto, entered into with the customer remotely via telematic tools.
The term "customer" means the natural or legal person who makes the purchase.
Art. 3 – Object of the contract
Bio Orto sells and the customer purchases with a remote sales contract, through the internet, the food products selected and ordered by the customer among those included in the electronic catalog on the website www.bio-orto.com and currently available.
Art. 4 – Methods of signing the contract and invoicing
The contract between Bio Orto and the customer is concluded exclusively through the Internet with the customer's access to the address www.bio-orto.com, where, following the procedures indicated, the customer will formalize the proposal for the purchase of goods.
The contract is concluded after the exact completion of the request form and the consent to the purchase and the subsequent confirmation, of the successful registration of the purchase order made by the customer through a summary message of the order, sent to the address e-mail address indicated by the customer. In the event of any unforeseeable out-of-stocks, Bio Orto undertakes to promptly notify the customer via e-mail of the unavailability of the product and to reimburse or otherwise not charge the customer the corresponding price, or to inform the customer of what the waiting times to obtain the chosen good, asking if he intends to confirm the order or not.
The tax documentation relating to the products ordered will be issued by Bio Orto at the time of shipment of the products to the customer. The Customer must indicate the exact data necessary for billing.
Art. 5 - Products: prices and characteristics
Unless otherwise indicated, the prices of the products published on the Bio Orto website are expressed in Euros and must be understood as inclusive of VAT.
The price guaranteed to the customer is the one published on the website at the time the order is made. The price established at the time of purchase is fixed and final. The prices of the Products published from time to time by Bio Orto on the website cancel and replace the previous ones and are subject to the actual availability of the Products.
Product images are indicative and not binding. The Customer is responsible for choosing the Products ordered.
Art. 6 - Delivery of Products
The products are delivered to the address indicated by the Customer. Shipments will take place after receiving confirmation of payments; for the bank transfer the credit to our current account is valid, for the payment by credit card the confirmation of the transaction by the circuit. For our shipments we rely on the service of qualified express couriers such as Bartolini, SDA, UPS, DHL.
Rates for Italy: single rate €4.90, free shipping for orders over €50.00.
Deliveries usually take place within 7 working days for Italy and 15 working days for European destinations only for products available in stock. The shipping terms indicated on the site, although carefully evaluated, must be understood as non-binding for Bio Orto, which can subsequently confirm or modify them, according to its actual needs. Shipping times are indicated in working days.
The shipping time for an order containing items with different delivery times is equal to the longer shipping time for the items in the order. Any delays in deliveries of less than 30 (thirty) days do not entitle the Customer to refuse delivery of the Products, nor to claim compensation or compensation of any kind.
Bio Orto has the right to carry out, if it deems it appropriate, the delivery of the Products (also relating to the same order) in several successive deliveries.
Delivery is considered to have taken place from the moment the Product is delivered to the Customer. The delivery document issued by the carrier, dated and signed by the Customer upon delivery of the Product, will be proof of the transport and release of the goods.
It is important to know that:
Upon delivery, the Customer must verify the content, conformity and condition of the Product(s). Therefore, upon delivery, Bio Orto recommends the Customer to check the status of the delivered Products before signing the acknowledgment of receipt, and in particular:
- that the number of packages delivered corresponds to what is indicated in the transport document attached to the shipment;
- that the packaging is intact, not damaged, wet or otherwise altered, and to check the integrity of the content.
Art. 7 – Transport damage
In the event that the customer finds any damage to the packaging or the mismatch in the number of packages, he must immediately place a written control reserve on the Courier's proof of delivery or refuse the damaged package.
The customer who has accepted the package with control reserve and has subsequently found the product damaged must report the damage within 8 days of delivery by sending an email to email@example.com. The customer must also specify the purchase order number and the tax documentation.
In the event that the customer finds damage to the product due to transport that is not visible from the outside or the mismatch in the number of products received, he must report the damage, in the first case within 8 days from the discovery and in the second within 8 days from the delivery, by sending an email to firstname.lastname@example.org. The customer must also specify the purchase order number and the tax documentation.
If the customer does not act in the ways and within the terms indicated in the previous points 1 and 2 of this article, he will lose the right to replacement or refund.
Following the complaint, Bio Orto will replace the damaged product. In the event that, for any reason, Bio Orto is unable to replace the product, it will be able to proceed with the refund of the entire amount paid or its replacement with a product of equal or greater value in agreement with the customer.
Art. 8 – Notification of defects and legal guarantee
Bio Orto has the obligation to deliver goods compliant with the sales contract to the customer and is responsible for any lack of conformity existing at the time of delivery of the goods.
The products are covered by the two-year legal guarantee for lack of conformity.
The guarantee is reserved to the customer as defined by Italian Legislative Decree 206/2005. The customer loses the guarantee if he does not report the lack of conformity to the seller within 2 months from the date on which he discovered the defect.
The legal guarantee only covers the replacement of goods that do not comply with the sales contract. The guarantee does not apply in the event that the reported defects derive from incorrect storage, handling or use or transport of the product by the customer or in the event of non-compliance with the instructions provided on the product label. Likewise, the guarantee does not apply whenever the defect is due to the willful conduct of the customer or depends on other causes not attributable to the production and transport of the product.
In the event that the customer finds any lack of conformity, he must report the damage, within 2 months from the date of discovery of the defect, by sending an email to email@example.com. In addition to the reason for the complaint, the customer must also specify the purchase order number and the tax documentation.
In the event of a lack of conformity, the customer will have the right to have the product replaced within a reasonable time unless the remedy itself is objectively impossible or excessively burdensome or, secondarily, will have the right to a reduction in the price or termination of the contract. A minor lack of conformity for which it was not possible or excessively burdensome to carry out the remedies of repair or replacement, does not give the right to terminate the contract.
Bio Orto reserves the right to verify the existence of the lack of conformity.
Bio Orto can never, in any case, be burdened with charges deriving from any delays in the delivery of the replaced product or from the refund of the price. Except in exceptional cases, the replacement will be carried out within 60 days of delivery of the defective product to Bio Orto. Otherwise, the customer will be able to carry out one of the alternative remedies provided for by law.
Article 9 – Right of withdrawal
The customer may exercise the right of withdrawal from the contract without specifying the reason and without paying penalties within 14 days from the day on which he received the goods.
The right of withdrawal must be exercised by the customer by sending a written communication by email to firstname.lastname@example.org. The communication must include name, address, the order number of the purchase, the will to withdraw from the purchase and the product or products for which it intends to exercise the right of withdrawal.
The customer must send the product carefully packed in its original packaging, complete with everything originally contained, to the address communicated. The shipment by the customer must take place by courier or delivery to the Seller or to a third party authorized by the latter within 14 days of the notification of withdrawal from the contract to Bio Orto. Upon receipt of the products, Bio Orto will refund the amount paid to the customer.
In case of exercise of the right of withdrawal within fourteen days pursuant to art. 64 paragraph 1 Legislative Decree 206/2005 and subsequent amendments and additions, the costs incurred by the customer for returning the products to Bio Orto are borne by the customer.
In the case of exercising the right of withdrawal within 14 days pursuant to art. 64 paragraph 1 Legislative Decree 206/2005 and subsequent amendments and additions, Bio Orto will reimburse the sums paid by the customer within 14 days from the day on which it received the returned goods, using the same form of payment used by the customer for the initial transaction.
Article 10 - Payment
Payment for the order/order fee is due from the time of the order.
The Customer undertakes to pay the price for the Product ordered on the website (price of the Products and transport) as well as to pay or have paid, if necessary, and this directly to the courier or carrier, the VAT or other related taxes the importation of the Products into the countries where the delivery will take place. The accepted forms of payment are: paypal, bank transfer, cash on delivery. The Customer guarantees Bio Orto that he has the necessary authorizations to use the card payment method when ordering, or by bank transfer in favor of Bio Orto.
In case of non-receipt by Bio Orto of the bank transfer within 10 days following the order confirmation, Bio Orto reserves the right to cancel the order. Bank details are provided at the time of order.
The Customer guarantees Bio Orto that he has the necessary authorizations to use the Paypal payment method when ordering. For all countries where customs duties are foreseen, these are to be paid by the customer. The payment of these duties is a necessary condition for the delivery of the product ordered and purchased on the site.
Art.11 – Liability
Bio Orto is not liable for disservices due to force majeure of any nature and kind, in the event that it fails to execute the contract within the time agreed.
Causes of force majeure, by way of example but not limited to, accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events, as well as provisions of the Public Authority, the strike of its own employees or of the carriers of which Bio Orto makes use of, as well as any other circumstance that is beyond the control of the latter.
Without prejudice to the provisions of art. 8 of the EU Directive 97/7 and of the art. 56 Legislative Decree 206/2005 and subsequent amendments and additions, Bio Orto is not liable for any fraudulent use made by third parties of the credit card details provided by the customer.
Bio Orto cannot be held responsible, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet beyond its control or that of its sub-suppliers.
Furthermore, Bio Orto will not be responsible for damages, losses and costs suffered by the customer following the non-execution of the contract for reasons not attributable to him, the customer having the right only to the full refund of the price paid and any ancillary charges incurred .
Art.12 – Termination of the contract
By express agreement, the non-fulfillment by the customer of only one of the present obligations will determine the legal termination of the contract, without the need for a judicial decision, without prejudice to the right for Bio Orto to take legal action for compensation for further damage.
Art.13 - Online payments safety
Online transactions by credit card and Paypal are carried out on their respective websites, via secure servers which adopt the SSL (Secure Socket Layer) protection system. This protocol allows you to communicate in a way designed to avoid the interception, modification or falsification of information.
Bio Orto never gets to know the credit card data or the customer's Paypal account.
Art.14 – Modifications
Bio Orto reserves the right to vary these terms and conditions at any time, by publishing on the website ewww.bio-orto.com the updated version from time to time. Any new clauses will be effective for purchases made after the date of the change.
Art.15 – Governing law
This contract is regulated by Italian law. These terms and conditions are reported, for anything not expressly provided therein, to Legislative Decree 206/05 and subsequent amendments and additions.
Art. 16 – Jurisdiction
Any dispute relating to the application, execution, interpretation of this contract stipulated online through the site www.bio-orto.com is subject to Italian jurisdiction.
For disputes arising between the Parties in relation to this contract, the judge of the place of residence or domicile of the customer is competent if located in the territory of the Italian State.
If the customer's residence or domicile is not located in the territory of the Italian State, the Court of the place where the goods were delivered is competent.
Art. 17 – Protection of confidentiality and data processing
Bio Orto, independent owner of the customer's data processing, protects the privacy of its customers and guarantees that the data processing complies with the provisions of the privacy legislation referred to in Legislative Decree 196/2003 and EU Regulation 679 /2016.
The personal data acquired directly and/or through third parties by Bio Orto are collected and processed for the purpose of registering the order and activating the procedures for the execution of this contract, in addition to the fulfillment of the any legal obligations, as well as to allow effective management of commercial relationships to the extent necessary to perform the service.