Terms and conditions of sale

These Conditions of Sale apply to purchases made on the pages of the online store "Frutteto Italia" intended for Customers of www.fruttetoitalia.it on the Italian territory.

These Terms of Sale and related documentation comply with Legislative Decree No. 70 of April 9, 2003, Implementation of Directive 2000/31/EC on certain legal aspects of information society services in the internal market, with particular reference to electronic commerce" and with the rules of national and international legislation. With exclusive reference to the sale of goods and/or services by means of this Site to Consumers, these Terms and Conditions of Sale and related documentation is also in compliance with Part III, Title III, Chapter I of Legislative Decree 206/2005 (so-called Consumer Code on the sale of goods (implementing Directive (EU) 2019/771 amending Regulation (EU) 2017/2394 and Directive 2009/22/EC) as amended.

Parts and Policy

Il presente Sito web, all’URL www.fruttetoitalia.it e il relativo Store online sono gestiti dalla società Frutteto Italia SRL, società italiana con Sede legale via Padania 9 – 26030 Volongo (CR) – Italia. Capitale sociale versato 142.857,00 € – Ufficio del registro delle imprese di Cremona – REA: 200021 – P.I. 01770310199 – Indirizzo PEC: fruttetoitalia@legalmail.it, che si occupa della vendita di alimentari, così come meglio individuati nel Sito indicato.

Frutteto Italia SRL crede fortemente nella tutela della privacy degli utenti e tratta i relativi Dati Personali in conformità a quanto disposto dal Regolamento Europeo 679/2016 – cd. G.D.P.R. e dalla normativa nazionale in tema di privacy, il tutto come dettagliatamente illustrato nella sezione Privacy policy, oltre che nella sezione relativa alla Cookie policy del sito web www.fruttetoitalia.it, alla cui attenta consultazione si invita l’Utente.

Per poter procedere con l’acquisto di prodotti sullo Store, l’Utente deve accettare la predetta Privacy policy del sito web www.fruttetoitalia.it, ove è presente lo Store online della linea di Prodotti Frutteto e Sugo. Consultando, nell’apposita sezione del Sito, la predetta Policy, gli Utenti hanno accesso a tutte le informazioni sulle modalità di raccolta e trattamento dei loro Dati Personali da parte del Sito web e del relativo Store, gestiti da Frutteto Italia S.R.L.

1. DEFINITIONS

In the following terms of sale, the terms listed below, unless otherwise defined, shall have the meanings ascribed to them below.

"Article" or "Articles" means the article or articles of this Contract;

"Account": the personal area in which the User, upon registration, can access his/her information and details on any Orders placed;

"Customer" or "Customers" means anyone who purchases Products from the Site www.fruttetoitalia.it;

"Consumer" or "Consumers": the Customer or potential Customer acting for purposes unrelated to the entrepreneurial, commercial, handicraft or professional activity carried out, if any, as defined under Article 3, letter a), of the Consumer Code Legislative Decree 206 of September 6, 2005;

"Non-Consumer Customer" means anyone acting for purposes not unrelated to the entrepreneurial, commercial, craft or professional activity carried out, if any, as defined under Article 3, letter a), of the Consumer Code Legislative Decree 206 of September 6, 2005.

"Consumer Code" means the Legislative Decree No. 206 of September 6, 2005 on the sale of goods (implementing the Directive (EU) 2019/771 amending Regulation (EU) 2017/2394 and Directive 2009/22/EC as amended and/or supplemented;

"Terms and Conditionsof Sale" means the terms and conditions of this Agreement governing the sale on the Website www.fruttetoitalia.it and related Store of all Frutteto and Sugo Products, with related Services, performed by Frutteto Italia S.R.L;

"Content" : all the information, videos, images, sounds, music, photographs, software, newsletters (bearing news related to the activity and products of the Site and to be understood, for that matter, as an integral part of it), animations, databases, design and content, any recalled and/or recalled trademarks, logo, the technical solutions adopted, graphic realizations, look&feel, structure and any other part already created or to be created, published on the Site, whether registered or not, copyrighted or not, or any other material (in any form) or service made available through the Site or otherwise accessible from the website www.fruttetoitalia.co.uk, including information sheets regarding Products and/or Services, images or descriptions regarding Products and/or Services;

"Contract" or "Contracts": includes the Terms of Sale (and the documents referred to therein), any other conditions and/or terms posted on the Site, including any changes that may be made to them, any additional rules, directives, codes of conduct and/or instructions found in the schedules of individual Products or, otherwise, posted on the Site, as well as any contact form or Purchase Order made by the Customer on the Site www.fruttetoitalia.it;

"Cookie policy": a document summarizing the types of cookies used by the Web Site and/or third parties and how they are managed, with relevant information for privacy purposes - to be viewed at the following address: www.fruttetoitalia.it /cookie-policy

 

"Personal Data" or "Data" means any information that, directly or indirectly, including in conjunction with any other information, including a personal identification number, makes a natural person identified or identifiable;

"Legislative Decree No. 70/2003 of April 6, 2003": implementation of Directive 2000/31/EC on certain legal aspects of information society services in the internal market, with particular reference to electronic commerce, published in the Official Gazette No. 87 of April 14, 2003 - Ordinary Supplement No. 61 and any subsequent amendments and additions;

 

"Working Day" or "Working Days" means every day/all calendar days, except Saturdays, Sundays, and holidays;

"Data Subject" means the natural person to whom the Personal Data refers;

"Order Confirmation Mail" means e-mail communication sent by the Seller to the address provided by the Customer confirming and accepting the Purchase Order for the Product(s);

"Purchase Order" or "Order (s)"or "Orders" means the Order(s) for the purchase of one or more Products on the Site placed by the Customer in accordance with the purchase procedure set forth in Articles 4, 5, 6, 7, 8 and 9 of these Terms of Sale;

"Product"or "Products" means any product and/or service offered for sale on the Site www.fruttetoitalia.it;

"Privacy policy": a document having as its object the conditions for the processing of personal data of Users and Customers in accordance with and in application of the European Regulation G.D.P.R. 679/2016 on the subject of privacy and the Italian legislation on the point and transposition of the European one, including the indication of the Data of the Personal Data Controller - to be viewed at the following address: https://www.fruttetoitalia.it /privacy-policy/;

 

"Information Sheet": a window containing the main characteristics of the individual Product and any related Services, possibly including photographic representation (which must in any case be intended for the purpose of merely illustrating its characteristics and/or for the sole purpose of describing the Product and/or Service itself), as well as an indication of the price of the Product;

"Service"or "Services" means any ancillary Service provided by Seller and related to the sale of the Product, such as, but not limited to, transportation and shipping;

"Site" means the website www.fruttetoitalia.it;

"Store" means the online sales store, published on the Site www.fruttetoitalia.it and managed by Frutteto Italia S.R.L.;

“Titolare del Trattamento”: la persona fisica o giuridica, l’autorità pubblica, il servizio o altro organismo che, singolarmente o insieme ad altri, determina le finalità e i mezzi del trattamento di Dati Personali e gli strumenti adottati, ivi comprese le misure di sicurezza relative al funzionamento ed alla fruizione del Sito. Nello specifico caso di www.fruttetoitalia.it, il Titolare del Trattamento è la società Frutteto Italia S.R.L., così come sopra meglio identificata ed individuata;

 

"User/User" or "Users" means anyone who navigates within the Site www.fruttetoitalia.it and uses the Services available on the Site.

“Venditore”: Frutteto Italia S.R.L., società italiana con Sede legale Via Padania 9 – 26030 Volongo (CR) – Italia. Capitale sociale versato 142.857,00 € – Ufficio del registro delle imprese di Cremona – REA: 200021 – P.I. 01770310199 – Indirizzo PEC: fruttetoitalia@legalmail.it, che vende i Prodotti e/o fornisce i Servizi sul sito web www.fruttetoitalia.it per il tramite del relativo Store e che si occupa della gestione dello stesso Sito web e del relativo negozio online.

2. NOTES ON THESE TERMS OF SALE

2.1. Le presenti Condizioni di Vendita si applicano a ogni Ordine effettuato su questo Store denominato Frutteto Italia srl e gestito da Frutteto Italia S.R.L., come sopra meglio identificata ed individuata.

2.2. With respect to each Order, Seller will send its communications electronically by email from info@fruttetoitalia.it or by other electronic communication. Users therefore acknowledge that all statements of intent, offers, communications, disclosures and other notices will be issued and/or provided electronically and/or electronically, except as otherwise provided by law.

2.3. These Conditions of Sale may be varied by the Seller upon specific amendment of the relevant section of the Website www.fruttetoitalia.it indicating the effective/valid date thereof (so-called "last update"). Any changes to the Conditions of Sale shall apply to Orders placed on or after the effective date (first effective date inclusive) of such changes, provided that the Conditions of Sale, as amended, are visible on the Website as then applicable terms.

2.4. Prior to placing an Order for a Product/Products, Users will be given the opportunity to review these Terms of Sale and will be required to accept them, by placing a check (so-called flag).

3. SUBJECT

3.1. This Agreement is for and contains the terms and conditions governing the sale of Products through the Site www.fruttetoitalia.it to both Consumers and Non-Consumer Customers.

3.2. Any purchase of Products and/or Services made by the Consumer is governed not only by these terms and conditions of the Contract, but also by the provisions of Legislative Decree No. 70 of April 9, 2003 "Implementation of Directive 2000/31/EC on certain legal aspects of information society services in the internal market, with particular reference to electronic commerce" and the rules of national and international legislation.

With exclusive reference to the sale of goods and/or services by means of this Site to Consumers, the provisions set forth in Part III, Title III, Chapter I of Legislative Decree 206/2005 (so-called Consumer Code) regarding the sale of goods (implementing the Directive (EU) 2019/771 amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, as amended.

4. ACCESS TO THE WEBSITE AND PURCHASE OF PRODUCTS ON THE STORE WITH THE POSSIBILITY OF REGISTRATION, SUBJECT TO ACCEPTANCE OF THE PRIVACY POLICY, COOKIE POLICY AND TERMS OF SALE

4.1. Subject to careful consultation and acceptance of the Privacy policy and Cookie policy in the respective appropriate sections of the Site, the purchase of the Product(s) on the Site may be made with or without registration with the Site.

Registration on the Site is free of charge. To register, the Customer must enter the "Account" section, enter his/her e-mail address in the registration part and then follow the wizard.

Registration with the Site allows the Customer to perform the following activities:

- View Orders;

- Manage shipping and billing addresses;

- Change the password and Account details.

Customer warrants that the personal information provided during the Site registration process is true and agrees to hold Seller harmless and indemnified from any and all damages, compensatory obligations and/or penalties arising out of and/or in any way related to Customer's violation of the Site registration rules or on the retention of registration credentials.

4.2. The User/Customer must carefully read these Terms of Sale (which can be viewed and printed) and must accept them by clicking in the appropriate box marked "I accept the Terms of Sale".

 

5. ORDER PLACEMENT, PAYMENT METHOD, BILLING

5.1. To purchase Products on the Store, you must:

- Have agreed to the Privacy Policy, Cookie Policy, and these Terms of Sale;

- Provide your name, address, contact information, payment details, and other requested information;

- Provide a valid delivery address.

5.2. You may place an Order by browsing the Store, selecting the Product you are interested in, clicking on the "ADD TO CART" button, then "VIEW CART" and then "PROCEED WITH ORDER".

Otherwise, if the User wishes to continue shopping by selecting additional Products, he/she may select the additional Products he/she wishes to purchase. Subsequently, the User, by clicking on the shopping cart icon or the "VIEW CART" button, can view and check the contents of his Order, having the right to modify its contents with the "+" and "-" buttons.

The User on the same page can also enter any promotional codes in his possession.

At this point you can finish the Order by clicking on the "PROCEED WITH ORDER" button.

If you have no interest in viewing the shopping cart, you may proceed directly to complete the Order by clicking on the "PAYMENT" button, which appears to you by sliding your mouse over the shopping cart icon.

At this point the User displays a page where to enter the billing information and any different shipping address, as well as where to select the chosen payment method.

You must also agree to the Privacy Policy, Cookie Policy, and these Terms of Sale.

By then clicking on the "MAKE ORDER" button, the Customer submits the Purchase Order.

The Customer agrees that its Order shall count as an irrevocable proposal to purchase the Product(s) indicated in the Order pursuant to these Terms of Sale, subject in all cases to the right of withdrawal in the case of a Consumer set forth in Article 14 below.

5.3. With specific reference to payment methods, the Customer may choose between Credit Card and Debit/Prepaid Card using the Visa, Mastercard, Maestro, American Express circuits, or through PayPal.

In case of payment by credit/debit/prepaid card, the payment procedure is handled, in absolute security, through the STRIPE gateway.

The User is urged to carefully follow the directions regarding the chosen payment method.

5.4. It should be noted that the information provided by the Customer at the time of payment will be used by the Seller only to complete the procedures related and connected to the Order and/or to issue any refunds, or if it is necessary to prevent or report to the competent Authorities the commission of fraud on the Site.

Finally, the Customer is advised that the detailed information provided below with reference to the methods of use of the various payment methods are only indicative and are intended only to facilitate the Customer in finalizing the Order. In the case of payments managed by external platforms - over which the operator of this Site has no control, it is recommended that the Customer, before selecting a given method of payment, review the operation and conditions inherent to the same on the relevant reference sites - so as to be aware of any and all updates/modifications/additions with respect to what is indicated.

5.5. The following payment methods are alternatively provided:

PAYMENT BY CREDIT CARD

On the Site, the Customer can pay using a credit card enabled for online payments from the Visa, Mastercard, Maestro, and American Express circuits, through the STRIPE gateway (service company of Stripe Inc).

Each purchase is made securely with encryption systems (SSL - Secure Socket Layer) to protect the Customer's Personal Data and credit card information from unauthorized access. Payment data will be transferred via the aforementioned secure connection to the aforementioned Stripe Service platform for authorization and charging, and will therefore be subject to the privacy policy for Stripe services.

Such Data are not accessible to third parties.

It should be noted that neither will the Seller be aware of the Customer's credit card information, which is handled directly by the third party administering the payment, nor will it retain it.

Under no circumstances, therefore, can the Seller be held liable for fraudulent use of credit cards by third parties.

Payment by credit cards will be made at no additional charge.

The Customer making the payment confirms that he/she is the owner of the credit card used or has the consent of its owner. In the absence of these prerequisites, it will not be possible to proceed with the Order and any Order concluded may be cancelled by the Seller.

Credit card availability must cover the full amount of expenditure.

PAYMENT BY DEBIT CARD OR PREPAID CARD

On the Site the User can pay using a debit card bearing the Visa or Mastercard logo, or a prepaid card of the Visa, Mastercard, Maestro, American Express circuits through the STRIPE gateway.

Each purchase is made securely through encryption systems (SSL - Secure Socket Layer) to protect the Customer's Personal Data and debit card information from unauthorized access. Payment data will be transferred via the aforementioned secure connection to the aforementioned Stripe Service platform for authorization and charging, and will therefore be subject to the privacy policy for Stripe services.

Such Data are not accessible to third parties.

It should be noted that neither will the Seller be aware of the Customer's debit/prepaid card information, which is handled directly by the third party administering the payment, nor will it retain it.

Under no circumstances, therefore, can the Seller be held liable for fraudulent use of credit cards by third parties.

Payment by debit/prepaid cards will be made at no additional charge.

The Customer making the payment confirms that he/she is the holder of the card used or has the consent of its holder. In the absence of these prerequisites, it will not be possible to proceed with the Order and any Order concluded may be cancelled by the Seller.

Debit/prepaid card availability must cover the full amount of expenditure.

PAYPAL PAYMENT

In the case of payments made through PayPal, the Customer may use the PayPal account of which he/she is the holder or, if he/she does not have an account, i.e. is not registered on the PayPal portal, he/she may pay using his/her credit card or any other prepaid card.

In case of payment through a PayPal account, the Customer must click on the "PayPal" logo and follow the indicated procedure.

The Seller is not responsible for any fraudulent and/or illegal use of the account during the process of purchasing and paying for the Product(s).

The Customer making the payment confirms that he/she is the holder of the card used or has the consent of its holder. In the absence of these prerequisites, it will not be possible to proceed with the Order and any Order concluded may be cancelled by the Seller.

The availability of the Paypal account or credit/prepaid card used must cover the full amount of spending (below is the link to more information on the privacy policyfor PayPal services ).

5.6. BILLING

In the case of online sales to Consumers (not registered for VAT), the issuance of an invoice (nor of a receipt or tax receipt) is not imposed pursuant to Article 22 of Presidential Decree No. 633 of 26/10/1972 and Article 2, letter oo) of Presidential Decree No. 696 of December 21, 1996 (as confirmed by Resolution No. 274/E of November 5, 2009).

If the Customer still wishes to request the issuance of an invoice, he/she must indicate this wish before the conclusion of the Order, providing the necessary data.

In case of request from Consumer, or in case of online sale to non-Consumer Customer (who identifies himself as such at the time of the Order), the invoice will be issued in electronic format and sent through the so-called. Interchange System (SdI).

You can also request a copy of the courtesy invoice at info@fruttetoitalia.it

 

6. HOW TO PURCHASE THE PRODUCT

The Customer may purchase any Product on the Site, having the characteristics described and the price (including any taxes) indicated in the relevant Information Sheet. Any photographic representation of the Product in the same or other parts of the Site is intended for illustrative and/or descriptive purposes only of the characteristics of the Product depicted therein.

All subject to the provisions and more fully set forth in Articles 10, 11 and 12 of these Terms of Sale.

7. SUBMISSION AND ACCEPTANCE OF THE ORDER. FORMATION OF THE CONTRACT

The purchase of the Product(s) is made by the Customer submitting, through the Site, a Purchase Order. It is the responsibility and burden of the Customer to ensure that the Order and the data provided are correct, before proceeding with the same.

If the Customer experiences any problems with his/her Order, including error messages in the transmission of the Order, he/she is kindly requested to immediately contact the Seller at info@fruttetoitalia.it

The contract between the parties (the "Contract") is concluded upon receipt by the Customer of the Order Confirmation Mail or, upon receipt of the relevant payment, as specified in the same mail.

The Order Confirmation Mail is considered received the moment it is delivered to the mailbox indicated by the Customer, without any relevance of the actual reading of the same and/or its inclusion in the "junk mail", "spam" or similar section by the Customer's e-mail manager.

In case of Purchase by Consumer, after the conclusion of the Contract, the obligation arises on the Seller to deliver the Product(s) within 30 (thirty) days, in accordance with the provisions of the Contract and Article 61 of the Consumer Code.

In the Order Confirmation Mail, there will be a link referring to these Terms of Sale, for Customer reference.

 

8. SHIPPING/DELIVERY METHODS, TIMING and EXPENSES.

8.1 Seller operates its Store on the basis of the merchandise in its warehouses, and therefore the Site is constantly updated to ensure that actual availability matches the merchandise advertised on the Site as closely as possible.

However, it may occur, even due to the mere possibility of multiple Users purchasing the same Product at the same time, that the Product ordered is no longer available subsequent to the transmission of the Purchase Order.

In the event of the unexpected unavailability of the Product, the Seller shall notify the Customer within 5 (five) Business Days by sending the Product's Sudden Unavailability Mail.

Such an email results in the revocation of the proposed purchase made by the online offer of the Product indicated as available and therefore results in the non-conclusion of the Contract, and no liability can be charged to the Seller.

8.2. With the Mail of Outstanding Unavailability of the Product, it is the Seller's right to offer the purchase of another Product of equal value and similar quality / characteristics, to replace the Product already ordered but no longer available. In this hypothesis, the Customer must respond to the offer within 5 (five) Business Days by explaining in writing whether he/she intends to proceed to order the alternative Product; in this case, the Order is considered confirmed with the sending of the email of acceptance of the different Product by the Customer.

8.3. In the absence of such alternative offer and, in any event, if the Customer rejects the different Product(s), the Seller shall, at the Customer's option:

- Issue a purchase voucher to be used on the Site within a certain specified period of time of equal amount;

- Return the sums received in the same manner used by the Client to make the payment.

The Seller will proceed in the manner indicated by the Customer within 5 (five) Business Days of receipt of the same by email. In the event of non-receipt of any indication in this regard by the Customer, the amounts will be returned in the same manner used by the Customer to make the payment within 30 (thirty) Business Days from the Mail of Unavailability Surprised of the Product.

 

8.4 Shipping time.

The Product(s) is/are shipped by courier , with standard service within 2-3 Business Days for mainland Italy and 3-4 Days for the Islands from the date of receipt of the Order Confirmation Mail, or from the date of receipt of payment, whichever is later, from Monday to Friday, excluding holidays and national holidays, and subject to cases of force majeure and/or any impediments beyond the control of the courier, as neither of the Seller.

Packages, belonging to the same Order, could-in some cases-be delivered on different days.

The Products purchased on the Site will be delivered to the address indicated by the Customer, throughout the Italian territory.

It is recommended that you always provide a telephone number when ordering for any communication from the courier.

8.5. Shipping charges.

Standard delivery charges are as follows:

Euro 7,00 for Orders up to Euro 30,00;

Free of charge for Orders over Euro 30,00.

The Seller, in order to optimize delivery time and cost, will decide at its discretion with which courier company to send the ordered goods.

The courier is usually not required to deliver the goods to the floor, but only to the threshold of the recipient's home.

Shipments are not covered by insurance.

8.6 Unexcused refusal/non-acceptance of delivery.

In the event that the Customer, without reasonable cause, does not accept/refuses delivery, or in the event that the Customer has provided an incorrect delivery address resulting in the failure of delivery, the package containing the purchased Product(s) will be returned to the Seller, and the Seller shall not be held responsible for the failure to deliver the Product(s) within the originally agreed upon time limit. Costs for further shipping will be borne by the Customer.

8.7 Absence of the Customer at the time of the courier passage

If the Customer is absent on the day of the courier's passage for delivery, it is the Customer's responsibility to contact the courier's local office and make arrangements for a later delivery or pickup at the courier's premises. Seller is not financially responsible for packages left in storage with the courier company. If the Customer has been unable to arrange with the courier for a second delivery or pickup at the courier's premises, the Customer is responsible for bringing the shipment itself to a successful conclusion.

Failure to do so will result in a partial refund, if any, of the amount paid by the Customer, less expenses resulting from non-delivery, pursuant to Article 17.

8.8. Checking the package upon delivery.

Upon delivery of the package, the recipient must check that the packaging is intact and otherwise undamaged. If this is not the case, i.e. if the delivery/unloading of the goods results in damage to the packaging, the Customer must, alternatively:

- express a reservation: this means that the package is accepted, but before signing the document, the recipient must write in the space provided "I accept with right of reservation," describing in writing in detail the nature of the damage found, after opening the package in the presence of the carrier/courier;

- reject damaged goods if it is not possible to accept the package with reservation, or if the damage is otherwise visible without having to open the package and verify the integrity of its contents.

In cases where the Customer accepts with reservation or refuses delivery, he is requested to promptly inform the Seller, writing to info@fruttetoitalia.it, possibly accompanying the communication with photographic material and description of the alleged damage found.

PLEASE NOTE: In the event of non-acceptance with reservation, no return claim made against Seller can be accepted if one or more of the Products are found to be damaged.

8.9. The Seller is exonerated from any liability for delays in delivery or non-delivery, if the delay or non-delivery is caused by cases of force majeure and/or any impediment beyond the control of the courier or the Seller itself, including but not limited to acts of war or terrorism, strikes, states of emergency at national regional or local level (including any measure of a governmental nature at the national and/or regional and/or local level also adopted as a result of health or other epidemiological emergencies and which could affect the timing of shipment and delivery and/or otherwise the operation of the Services themselves), failure of transportation infrastructure, power outages or other utilities, earthquakes, other natural disasters, postponements or delays in delivery caused by the recipient.

9. PRICES, FEES AND TAXES

The total price charged to the Customer is equal to the sum of the price of the individual Products purchased, including all applicable taxes and/or duties as set forth in the Product Information Sheet, and any shipping costs as detailed in Article 8 above, all net of any discounts/promotions applied.

This total price will be precisely stated in the summary sheet that will be generated prior to the conclusion of the Order and will also be summarized by the Seller in the Order Confirmation Mail.

10. COMPATIBILITY, PRODUCT INFORMATION, PHOTO RENDERING

The Customer is requested to verify, at the time of the Order, that the Products being purchased are compatible with the use to which they intend to put them. It is emphasized to the Customer that the Products sold on the Site may be partially different from the photographs in which the same are reproduced. In fact, the said photographs are merely illustrative and/or descriptive and/or indicative of the characteristics of the Products and have no binding value.

In addition, due to the limitations of reproducing images of the Products on screen, the color, size and design of the Products may differ from the actual characteristics of the Products: they may appear slightly larger or smaller than their actual size in photographs due to defects in the screen or in photographic techniques. Other Products may be depicted larger than their actual size in order to show any details more clearly, or smaller in order to show the entire item.

On the other hand, regarding the composition, ingredients, characteristics and certificates of the Products, please refer to the information sheets in the online Store for each of them.

Notwithstanding the above, if the Customer has received products different from those ordered, or if the delivery was incomplete or there was damage in transit, the Customer is requested to contact the Seller immediately:

- to the e-mail address info@fruttetoitalia.it

- or to the telephone number 0372845745

11. PRODUCT NOTATIONS

The Products sold are manufactured in compliance with current regulations.

If you have any questions or require more details about this, please feel free to contact us at info@fruttetoitalia.it

12. DIRECTIONS FOR PROPER STORAGE/USE OF PRODUCTS

It is noted and the User's attention is drawn to the fact that proper storage and use of Frutteto and Sugo Products allows them to preserve their quality.

In any case, if you have any questions or require more details about this, please feel free to contact us at info@fruttetoitalia.it

13. TITULARITY OF PRODUCTS and PASSAGE OF RISK.

13.1 Title to the Goods sold on the Site, as well as the risk of loss of or damage to the Goods, due to causes not attributable to the Seller, transfers to the Customer only at the time the Customer, or a third party designated by the Customer and other than the carrier, takes physical possession of the Goods.

However, the risk is transferred to the Customer already at the time of delivery of the goods to the carrier if the carrier has been chosen by the Customer and this choice has not been proposed by the Seller, without prejudice to the Customer's rights against the carrier.

Intellectual property rights relating to the Site or its Content and the Products sold thereon are and remain the exclusive property of Seller or its licensors.

The Client and the User are prohibited from copying and/or reproducing, and/or modifying, and/or creating works and/or works based on the Site Content.

The Customer and the User are also prohibited from downloading, and/or copying, and/or reproducing, and/or duplicating and/or otherwise using or disseminating the Seller's logo(s), trade names and/or other distinguishing marks relating and/or referable to the Seller itself and/or its Products and/or using/disclosing/copying photographs uploaded to the Site.

14. RIGHT OF WITHDRAWAL, RETURN AND REFUND

14.1 Right of withdrawal: terms and manner of exercise.

Il Cliente ha diritto di recedere dal contratto e procedere alla restituzione delle merci, purché siano integre e nelle stesse condizioni in cui sono state consegnate (a meno che il prodotto non sia stato di suo gradimento), senza dover fornire alcuna motivazione o sostenere alcun costo anche dopo i 14 giorni previsti dal Codice del Consumo per il diritto di recesso. Il Cliente, se non è soddisfatto dei prodotti ricevuti, potrà segnalare il problema secondo la modalità indicata nelle “FAQ” dandone avviso alla FRUTTETO ITALIA SRL oppure chiamando il numero di telefono  +39 0372 845 745 o scrivendo all’indirizzo info@fruttetoitalia.it. Sulla base di quanto richiesto dal Cliente, la FRUTTETO ITALIA SRL garantisce il reso per 30 giorni secondo la formula “soddisfatti o rimborsati”. Pertanto, in tali casi sostituirà il prodotto o rimborserà l’importo pagato.

Se dal Cliente è stata incaricata del ritiro dell’ordine una persona di fiducia, il diritto di recesso decorre dal giorno della consegna del prodotto alla persona designata. La FRUTTETO ITALIA SRL effettuerà il rimborso tramite bonifico al codice IBAN che sarà comunicato dal Cliente.

Nelle zone servite dal sistema distributivo della FRUTTETO ITALIA SRL il ritiro della merce è a cura dell’Azienda e dunque il Cliente non deve sostenere nessun onere. In ogni caso, eventuali costi di spedizione sostenuti dal Cliente per la restituzione della merce alla FRUTTETO ITALIA SRL saranno rimborsati insieme al prezzo della merce e agli eventuali contributi pagati dal Cliente.

14.5 Exceptions to the exercise of the right of withdrawal

The right of withdrawal is not recognized, pursuant to and for the purposes of Article 59 co. 1 lett. c) of the Consumer Code, for any Products made according to the specifications provided by the Consumer or clearly tailored to the Consumer's personal needs ("supply of goods made to measure or clearly customized").

14.6 Non-Consumer Customer

The Non-Consumer Customer has no right of withdrawal.

15. LEGAL WARRANTY

15.1 Statutory Warranty for the Consumer

In the event of any lack of conformity existing at the time of delivery of the goods, the Consumer may enforce the legal warranty for the Product(s) purchased on the Store, in accordance with the provisions of the Consumer Code under Article 133.

In such cases, the Consumer may, alternatively request the repair or replacement of the Product(s) at his or her discretion, without charge, unless the remedy requested is objectively impossible or excessively burdensome compared to the other (as provided for in Articles 135-bis, 135-ter and 135-quater of the Consumer Code).

On this point, it is clarified that one of the two remedies is considered excessively burdensome if it imposes unreasonable expenses on the Seller in comparison with the other, taking into account the value of the good, the extent of the defect, and the possibility of proceeding with the alternative remedy without causing significant inconvenience to the Consumer.

The repair or replacement will be carried out by the Seller within a reasonable period of time from the request, without causing significant inconvenience to the Consumer, taking into account the nature of the good and the purpose for which the Consumer purchased the good.

All shipping, labor, and material costs shall be borne entirely by the Seller.

In the event of a replacement, the Consumer shall proceed with the prior return of the defective Product, at the Seller's expense, before the Seller ships the new Product.

Alternatively, the Consumer only if

1. (a) repair and replacement are impossible or unduly burdensome;
2. (b) the Seller has failed to repair or replace the goods within a reasonable time or without causing significant inconvenience to the Consumer

may request, an appropriate reduction in the price, taking into account the use of the property or, at its option, termination of the contract.

It is clarified on the point that in case of termination, the Seller will refund the purchase price upon due return of the Product(s) by the Consumer.

Furthermore, it is emphasized that a minor conformity defect for which it was not possible or excessively burdensome to exhaust the remedies of repair or replacement does not entitle the Consumer to termination of the contract: in such cases, therefore, the Consumer is only entitled to a fair reduction in the purchase price.

It is in any event given to the Seller to offer the Consumer any other available remedy.

Pursuant to Article 133 of the Consumer Code, the Seller is liable to the Consumer for any lack of conformity of the Product existing at the time of delivery that becomes apparent within the period of 2 (two) years from delivery.

The legal warranty, relating to the alleged non-conformity of a purchased Product with respect to what was agreed upon in the Contract, is prescribed in 2 (two) years from the delivery of the good.

Pursuant to Article 133, the action aimed at asserting defects not maliciously concealed by the seller shall be prescribed, in any case, within the term of 26 (twenty-six) months from the delivery of the goods; however, the Consumer who was sued for the execution of the contract, may always assert the rights under Article 135-bis of the Consumer Code.

15.2 Legal Warranty for the Non-Consumer Customer

Pursuant to Articles 1470 ff. c.c. and in particular Articles 1492 and 1495 c.c., in the case of a non-Consumer Customer, the warranty for defects, which covers defects that make the good unfit for the use for which it is intended or that diminish its value, may be asserted within 12 months of delivery of the good, provided that a proper report of the defect is made within 8 days of its discovery.

In such a case, the Non-Consumer Customer may demand termination of the contract or a reduction in the price in proportion to the defect. In case of termination, the Customer shall return the goods and the Seller shall refund the Buyer the price paid.

15.3 Methods of disputing the conformity defect complained of

The Customer has the right to dispute the alleged lack of conformity of the purchased Product only by means of a complaint to be sent to the Seller:

• by e-mailtoinfo@fruttetoitalia.it
• By p.e.c . to fruttetoitalia@legalmail.it
• a mezzo raccomandataall’indirizzo Frutteto Italia S.R.L., Via Padania 9 – 26030 Volongo (CR) – Italia

For the purpose of faster assistance, the Customer is requested to attach to the dispute/complaint of conformity defect, which must be sent in the manner described above, an adequate description of the complained of defect, accompanied by the relevant documentation (including photographs), so that the appropriate remedy can also be identified.

The Customer is required to keep the Order Confirmation Mail (and to forward them to the eventual recipient of a gift product) as proof of purchase of the Product that must be attached in order to activate the legal warranty.

15.4 Warranty non-applicability - what is meant by "lack of conformity of the Product" or "defective Product"

For the purposes of this Article, The Product shall be deemed to be free from material defects of conformity, for the purposes of the prerequisites for the applicability of the legal warranty in the present case, if at the time of delivery it has the agreed qualities and conforms to the Contract of Sale.

In the case of a Consumer, in accordance with the provisions of Article 129 of the Consumer Code on "Conformity of Goods to the Contract," the Product purchased shall be deemed to conform to the Contract of Sale if:

1. (a) corresponds to the contractual description, type, quantity and quality and possesses the functionality, compatibility, interoperability and other characteristics as stipulated in the sales contract;
   (b) is suitable for any particular use desired by the Consumer, which has been brought to the knowledge of the Seller by the Consumer at the latest at the time of the conclusion of the contract of sale and which the Seller has accepted;

In addition, the product must:
(a) be suitable for the purposes for which goods of the same type are normally used, taking into account, where appropriate, other provisions of national and Union law, technical standards and industry codes of practice applicable to the specific field;
(b) possess the quality and correspond to the description of a sample or model that the Seller may have made available to the Consumer prior to the conclusion of the contract;
(c) be delivered together with such accessories, including packaging or other instructions, as the Consumer may reasonably expect to receive;
(d) be of the quantity and possess the qualities and other characteristics, including in terms of durability, functionality, compatibility, and safety, ordinarily found in a good of the same type and which the Consumer may reasonably expect, taking into account the nature of the good and public statements made by or on behalf of the Seller, or other persons as part of previous steps in the chain of commercial transactions, including the manufacturer, particularly in advertising or labeling.

In addition, the Product shall not be considered defective Product if it has not been stored and/or maintained in accordance with Article 12 of this Agreement.

Therefore, the Seller is not responsible for defects and damages caused by improper and/or incorrect and/or deviant use by the Customer, who therefore cannot enforce the above legal warranty.

16. LIMITATIONS OF LIABILITY 

16.1. These Conditions of Sale list and govern all obligations and responsibilities of the Seller with respect to the purchase and sale of the Product(s) through the Site Store. In particular, the Seller does not guarantee that the Product(s) is/are suitable for the Customer's purposes/expectations and urges the User to particularly carefully analyze the provisions of Articles 8, 10, 11, 12 and 15 before making the purchase of the Product(s) on the Site.

16.2 No contractual and/or extra-contractual liability shall be imputed to the Seller for:

- Capital losses (including but not limited to: loss of profit, loss of revenue, contracts, business, or expected savings);

- Loss of goodwill and/or reputation;

- loss or damage of any kind, pecuniary or otherwise, suffered and/or suffered;

- disputes by the Customer and/or third parties, except as expressly provided in this Agreement.

17. EXPRESS TERMINATION CLAUSE

The Seller may terminate this Contract as of right, without notice, by declaration, communicated in writing to the Customer, of its willingness to avail itself of this clause, upon the occurrence of at least one of the following events, pursuant to and in accordance with Article 1456 of the Civil Code:

a - the lack and/or absence of availability of the Product(s) due to causes not attributable to the Seller;

b - in the event of bankruptcy, or access to bankruptcy proceedings of suppliers of parts and/or materials of the Product(s) purchased by the Customer, or in the event of bankruptcy or access to bankruptcy proceedings of companies performing certain work on the same Product(s);

c - the non-payment, in part or in full, of the amount due by the Customer according to the terms and conditions set forth in this Contract and/or any anomaly and/or irregularity in the payment. On this point it is clarified that:

- in case of anomalies and/or irregularities in the payment, the Seller, before activating this express termination clause , may require the Customer to provide additional information and/or to send copies of documents proving the ownership of the account/card used and/or the legitimacy for the use of the same and/or the payment, which must in any case be received within 5 (five) Business Days;

- if the Customer fails to provide the requested information within the specified time period, or if the anomalies and/or irregularities in payment are of such severity that they are deemed by the Seller to be unsalvageable, the Seller shall have the right to cancel the Order, pursuant to this Article, unless the Seller exercises its right to demand performance of the Contract.

It is subject to the different agreement between the parties.

18. FORM OF AMENDMENTS, DIVISIBILITY, PARTIAL NULLITY OF THESE CONDITIONS OF SALE

18.1 Any amendment to this Contract shall not be valid unless made in writing and approved by Seller.

18.2 If any of the provisions of these Terms of Sale are held to be unlawful and/or void and/or, for any reason, unenforceable, such nullity/invalidity/ineffectiveness/unenforceability shall be deemed partial and incident only to the provision vitiated; it shall not affect the validity, effectiveness or enforceability of the remaining provisions.

The unlawful and/or, void and/or unenforceable provision is automatically replaced by the valid/effective/enforceable provision provided by mandatory rules, or by custom and usage whose rationale or purpose is as similar as possible to the replaced provision.

19. CONTACTS

The Seller in order to respond to questions and/or doubts and/or disputes of the Users/Customers regarding the information on the Site and/or the Orders placed may be contacted at the following addresses:

• by e-mailtoinfo@fruttetoitalia.it
• By p.e.c . to fruttetoitalia@legalmail.it
• a mezzo raccomandataall’indirizzo Frutteto Italia S.R.L., Via Padania 9 – 26030 Volongo (CR) – Italia

20. PROCESSING OF PERSONAL DATA

20.1. Titolare del Trattamento dei Dati Personali ai sensi dell’art. 13 del regolamento UE 2016/679 è Frutteto Italia S.R.L., società italiana con Sede legale Via Padania 9 – 26030 Volongo (CR) – Italia.  Capitale sociale versato 142.857,00 € – Ufficio del registro delle imprese di Cremona – REA: 200021 – P.I. 01770310199 – Indirizzo PEC: fruttetoitalia@legalmail.it, indirizzo mail: info@fruttetoitalia.it, contatto telefonico: 0372845745

20.2 The performance of the contractual relationship constitutes the legal basis for the processing of the Customer's Personal Data, in its capacity as a Data Subject.

Quale Titolare del Trattamento, Frutteto Italia S.R.L. tratta i predetti Dati secondo liceità e correttezza e nel rispetto dei principi di necessità, trasparenza, proporzionalità, adeguatezza, in conformità ai principi c.d. di accountability e controllo previsti dalla normativa in tema di privacy, per le seguenti finalità:

1. for the execution of the Orders placed by the Customer in the Store "Frutteto Italy" through the Site of the same name and, therefore, to perform any related activity, such as, in particular, the selection of Products, sending Orders, shipping, delivery and / or any exercise of the right of withdrawal and the consequent withdrawal of the goods or any other fulfillment provided for in the Conditions of Sale;
2. to carry out any administrative and/or accounting activities related to making a purchase through the Site, as well as to comply with legal obligations;
3. for the sending of communications aimed at the promotion and/or direct sale of Products and/or Services similar to those already purchased/used by the Customer (so-called "soft spamming"), without prejudice to the Customer's right to exercise the so-called opt-out at any time by contacting the Personal Data Controller, at the contacts and in the manner mentioned above;
4. to send commercial communications about Products of the Site, special offers, promotions and news, coupons, by means of e-mail, sms or similar and/or by means of the postal service (so-called "marketing purposes"), including with profiling of the User, without prejudice to the right to object to such processing of Data.

20.3 The Seller undertakes to process the Personal Data of the Customers in compliance with the security rules set forth in Article 32 of the EU Reg. 2016/679 (so-called G.D.P.R.), as well as with the national transposing privacy legislation, guaranteeing the integrity of the Data processed and adopting the necessary precautions to avoid their destruction and loss, also in consideration of the type of data processed and the processing methods. Personal Data are processed by manual and electronic means and are stored in the designated electronic database. The Personal Data contained in the aforementioned partially automated information system, as well as those stored in the electronic archives of the Data Controller, are processed in accordance with the provisions of current legislation and the GDPR regarding security measures, so as to minimize the risks of their destruction, loss, modification, unauthorized disclosure or access, whether accidental or unlawful, or processing that is not in accordance with the purposes of collection.

20.4 Personal Data will be kept by the Data Controller for the time necessary for the performance of the contract and in any case in compliance with legal obligations. The processing of Personal Data, subject to the granting of the relevant consent, may also have profiling purposes and may involve their transfer and/or communication to third parties, including the entities indicated in Article 20.5.

20.5. The Data conferred by Customers for the aforementioned purposes may be brought to the attention of or communicated to the following recipients, by way of example but not limited to: social security, welfare and employment protection entities; employees or collaborators in any capacity of the Seller, for the performance of administration, accounting, tax compliance and IT support activities; individuals and/or legal entities (legal, administrative, tax and labor consulting firms) for the needs related to the purposes set forth in Article 20.2.; to all those subjects (including Public Authorities) who have access to the Data by virtue of regulatory or administrative measures.

20.6. The Seller processes the Personal Data freely entered and provided by the Customer on the Site through the appropriate forms (such as, in particular, personal data, tax codes, contact details, telephone numbers, e-mail addresses, etc.), as well as data of a technical nature independently generated (in particular, IP addresses, log files relating to navigation on the Site, purchases made, etc.). The Seller, will retain, within the terms of the law, the log files and IP addresses used when making an online purchase, in order to prevent and ascertain possible fraud in online transactions. On the use of cookies by the Site, please refer to the relevant Cookie Policy.

20.7 The provision of Data for the purposes referred to in points a) and b) of Article 20.2 above is necessary for the conclusion and execution of the contractual relationship and, therefore, failure to provide the Personal Data in question will result in the impossibility of concluding the procedures for the purchase, sale, delivery and/or return of goods. It should also be noted that for the performance of administrative and accounting activities by the Seller, consent to the processing of Personal Data is not required, in particular pursuant to Article 6(1)(b) of the GDPR and current legislation. With reference to the purpose referred to in point c) of Article 20.2. above, consent to the processing is not required under applicable law, without prejudice, however, to the Customer's right to object under Article 21 of the GDPR at any time to the sending of communications. With reference to the purpose referred to in point d) of Article 20.2. above, the consent to the processing of Personal Data is merely optional, it being understood that failure to provide it will make it impossible for the Customer to receive communications and/or commercial information relating to Seller's Products and to benefit from any related promotions.

20.8. Pursuant to Articles 15 et seq. of the G.D.P.R. and current privacy legislation, the Customer in his capacity as a Data Subject may exercise the rights referred to in the aforementioned articles and again, pursuant to Article 77 of the G.D.P.R. has the right to lodge a complaint with the Italian Data Protection Authority, to revoke at any time any consent given and to:

1. a) obtain confirmation of the existence or otherwise of Personal Data concerning him/her and their communication in an intelligible form, receiving them in a structured, commonly used and readable format with the possibility of transmitting them to another Data Controller ("Right to portability");
2. b) obtain indications: (i) on the origin of the Personal Data, the purposes and methods of processing, the logic applied in case of processing carried out with the aid of electronic tools; (ii) on the identification details of the Data Controller, the Data Processor(s) and the Data Protection Officer (if appointed); (iii) on the subjects or categories of subjects to whom the Data may be communicated or who may become aware of them as representatives, managers or designees in the territory of the State;
3. (c) obtain (i) the updating, rectification or integration of the Data concerning him or her or, in case of dispute as to the correctness of the Data, the limitation of the processing of the same for the time necessary for the appropriate verifications, (ii) the transformation into anonymous form or the blocking of the Data processed in violation of the law, including those the conservation of which is necessary in relation to the purposes for which the Data were collected or subsequently processed (iii) certification of the fact that the operations referred to in the preceding points have been brought to the attention, also with regard to their content, of those to whom the Data have been communicated or disseminated, except in the case where such fulfillment proves impossible or involves the use of means manifestly disproportionate to the protected right;
4. d) object, in whole or in part (i) to the processing of Data concerning him/her, even if pertinent to the purpose of collection, (ii) to the processing of Personal Data concerning him/her, provided for the purposes of commercial information or sending advertising or direct sales material, or for carrying out market research or commercial communication;
5. (e) obtain erasure without undue delay ("Right to be Forgotten") if the Data is no longer necessary in relation to the purposes for which it was collected or otherwise processed, has been unlawfully processed, or if the User (i) requests or (ii) objects in whole or in part to the processing;
6. (f) obtain the restriction of the processing in the event that the Data (i) are unlawfully processed but the User objects to their deletion, (ii) are necessary for the User to establish, exercise or defend a right, (iii) an assessment regarding the legitimate grounds for processing by the Seller is pending.

Subject to the provisions specified in the Cookie Policy of this Site,

- With regard to the use of platforms external to the website that manage payment systems, such as: Stripe, Paypal, the User/Customer is invited to view the privacy policies present on the relevant websites before proceeding with the relevant payment method and this in order to take note of the specific methods of processing of Personal Data carried out by the owners of the said platforms;

- with regard to third parties such as but not limited to: Facebook, Instagram, Woocommerce platform that manages the Store, etc., the User/Customer is invited to view the relevant Privacy Policy with reference to the third party in question.

21. APPLICABLE LAW, JURISDICTION, ODR, COMPLAINTS

21.1. These Terms of Sale and the purchase of Products from this Store are governed by Italian law.

21.2 For any dispute concerning the validity and/or effectiveness and/or interpretation and/or execution of the Contract of purchase of the Products on the Store, or otherwise in relation to the procedure of purchase from this Store, or in relation to these Terms of Sale, as well as, in general, to the navigation on the Site by the User, or the use of any functionality made available to the User / Customer itself through the Site, the competent court will be:

- in the case of a Consumer, pursuant to Article 66 bis of the Consumer Code, that of residence or domicile of the Consumer, if located in Italian territory. If the Consumer does not have residence or domicile in Italy, the exclusively competent court shall be that of Cremona;

- in the case of a non-consumer Customer, the exclusively competent court will be that of Cremona.

21.3 In any case, the Consumer may preliminarily attempt conciliation by availing himself/herself of the online dispute resolution procedure on the European platform "Online Dispute Resolution" (so-called ODR), by accessing the following address: http://ec.europa.eu/consumers/odr/

The professional seller's e-mail address to be included in the complaint is info@fruttetoitalia.it

21.4. The Seller particularly cares about the relationship with the Customer and satisfaction in the purchase: therefore, without prejudice to the rights for the User / Customer as specified above, the Customer is invited to propose any type of complaint / dispute preliminarily to info@fruttetoitalia.it, indicating the Order number and date of purchase, a brief explanation of the problem complained of (possibly with supporting photographic material), as well as their contact details to be contacted. The Vendor will be available to try to directly resolve, to the extent possible, the problem encountered.

Effective date - last updated October 10, 2023