These Terms and Conditions of Sale apply to purchases made on the pages of the “Frutteto Italia” online store, intended for customers of www.fruttetoitalia.it in Italy.
These Terms and Conditions of Sale and the related documentation comply with Legislative Decree no. 196 of 9 April 2003. 70 Implementation of Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the internal market and the provisions of national and international legislation. With exclusive reference to the sale of goods and/or services to Consumers through this Website, these Terms of Sale and related documentation also comply with Part III, Title III, Chapter I of Legislative Decree 206/2005 (the so-called Consumer Code regarding the sale of goods (implementing Directive (EU) 2019/771 amending Regulation (EU) 2017/2394 and Directive 2009/22/EC) and subsequent amendments.
Parties and Policies
This website, at the URL www.fruttetoitalia.it, and its online store are operated by Frutteto Italia SRL, an Italian company with registered office at Via Padania 9 – 26030 Volongo (CR) – Italy. Paid-up share capital €142,857.00 – Cremona Company Register – Economic and Administrative Index (REA): 200021 – VAT No. 01770310199 – Certified Email Address: fruttetoitalia@legalmail.it, which sells food products, as further identified on the Site.
Frutteto Italia SRL strongly believes in protecting user privacy and processes their Personal Data in accordance with the provisions of European Regulation 679/2016 (GDPR) and national privacy legislation, all of which is detailed in the Privacy Policy section, as well as in the Cookie Policy section of the website www.fruttetoitalia.it, which the User is encouraged to carefully review.
To proceed with the purchase of products on the Store, the User must accept the aforementioned Privacy Policy of the website www.fruttetoitalia.it, where the online store for the Frutteto e Sugo product line is located. By consulting the aforementioned Policy in the dedicated section of the Website, Users have access to all the information on how their Personal Data is collected and processed by the Website and its Store, managed by Frutteto Italia S.R.L.
DEFINITIONS
In the following Terms of Sale, the terms listed below, unless otherwise defined, shall have the meanings assigned to them below.
“Article” or “Articles”: the article or articles of this Agreement;
“Account”: the personal area where the User, upon registration, can access their information and details of any Orders placed;
“Customer” or “Customers”: anyone purchasing Products from the Website www.fruttetoitalia.it;
“Consumer” or “Consumers”: the Customer or potential Customer acting for purposes other than any entrepreneurial, commercial, artisanal, or professional activity, as defined in Article 3, letter a), of the Consumer Code, Legislative Decree 206/2006. of September 6, 2005;
Non-Consumer Customer: anyone acting for purposes not unrelated to any entrepreneurial, commercial, artisanal, or professional activity, as defined in Article 3, letter a), of the Consumer Code, Legislative Decree 206 of September 6, 2005.
Consumer Code: Legislative Decree No. 206 of September 6, 2005, regarding the sale of goods (implementing Directive (EU) 2019/771 amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, as amended);
Terms of Sale: the contractual terms and conditions of this Agreement governing the sale of all Frutteto e Sugo Products, along with related Services, by Frutteto Italia on the website www.fruttetoitalia.it and the related Store. S.R.L.;
“Content”: all information, videos, images, sounds, music, photographs, software, newsletters (containing news related to the Site’s activities and products and therefore considered an integral part thereof), animations, databases, design and content, any trademarks displayed and/or referenced, the logo, technical solutions adopted, graphic design, look and 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.it, including Product and/or Service information sheets, images, or descriptions of Products and/or Services;
“Contract” or “Contracts”: includes the Conditions of Sale (and the documents referred to therein), any other terms and conditions published on the Site, including any changes that may be made to the same, additional rules, guidelines, codes of conduct, and/or instructions contained in the individual Product information sheets or otherwise published on the Site, as well as any contact form or Purchase Order placed by the Customer on the Site www.fruttetoitalia.it;
Cookie Policy: A document summarizing the types of cookies used by the Website and/or by third parties and how they are managed, with relevant information regarding privacy purposes. This document can be viewed at the following address: www.fruttetoitalia.it/cookie-policy
Personal Data or “Data”: Personal data means any information that, directly or indirectly, even in connection with any other information, including a personal identification number, allows a natural person to be identified or identifiable;
“Legislative Decree 70/2003 of 6 April 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 Journal no. 87 of 14 April 2003 – Ordinary Supplement no. 61 and any subsequent amendments and additions;
Business Day or “Business Days”: every calendar day/day, except Saturdays, Sundays, and public holidays;
Data Subject: the natural person to whom the Personal Data refers;
Order Confirmation Email: an email 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” or “Orders”: the Order or Orders for the purchase of one or more Products on the Site placed by the Customer in accordance with the purchasing procedure set forth in Articles 4, 5, 6, 7, 8, and 9 of these Terms of Sale;
Product or “Products”: any product and/or service offered for sale on the Site www.fruttetoitalia.it;
Privacy Policy: A document setting out the terms and conditions for processing the personal data of Users and Customers in accordance with and in application of the European General Data Protection Regulation (GDPR) 679/2016 and the relevant Italian legislation and its implementation, including the details of the Data Controller – available at the following address: https://www.fruttetoitalia.it/privacy-policy/;
Information Sheet: A window containing the main characteristics of each Product and any related Services, possibly including a photographic representation (which, in any case, must be intended merely for illustrative purposes and/or for the sole purpose of describing the Product and/or Service), as well as the Product price;
Service or “Services”: Any ancillary Service provided by the Seller and related to the sale of the Product, such as, by way of example and not limited to, transportation and shipping;
Site: the website www.fruttetoitalia.it;
Store: the online sales shop, published on the Website www.fruttetoitalia.it and managed by Frutteto Italia S.R.L.;
Data Controller: the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data and the tools used, including the security measures relating to the operation and use of the Website. In the specific case of www.fruttetoitalia.it, the Data Controller is Frutteto Italia S.R.L., as further identified and identified above;
User or “Users”: anyone browsing the Website www.fruttetoitalia.it and using the Services available therein.
“Seller”: Frutteto Italia S.R.L., an Italian company with registered office at Via Padania 9 – 26030 Volongo (CR) – Italy. Paid-up share capital €142,857.00 – Company Register Office of Cremona – Economic and Administrative Index (REA): 200021 – VAT No. 01770310199 – Certified Email Address: fruttetoitalia@legalmail.it, which sells the Products and/or provides the Services on the website www.fruttetoitalia.it through the relevant Store and which manages the Website and the relevant online shop.
NOTES ON THESE TERMS OF SALE
2.1. These Terms of Sale apply to every Order placed on this Store, named Frutteto Italia srl
2.2. With regard to each Order, the Seller will send its communications electronically via email to info@fruttetoitalia.it or via other electronic means. Users therefore acknowledge that all declarations of intent, offers, communications, disclosures, and other notices will be issued and/or provided electronically, except where otherwise required by law.
2.3. These Terms of Sale may be modified by the Seller by specifically modifying the relevant section of the website www.fruttetoitalia.it, indicating the effective/valid date of the same (so-called “last update”). Any changes to the Terms of Sale will apply to Orders placed from the effective date (including the first day of the effective date) of such changes, provided that the amended Terms of Sale are visible on the Site as the applicable conditions at that time.
2.4. Before placing an Order for a Product(s), Users will be given the opportunity to review these Terms of Sale and will be asked to accept them by checking the box.
SUBJECT MATTER
3.1. This Agreement 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 Agreement, but also by the provisions of Legislative Decree no. 206 of 9 April 2003. 70 “Implementation of Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the internal market” and by national and international legislation.
With exclusive reference to the sale of goods and/or services to Consumers through this Site, the provisions of Part III, Title III, Chapter I of Legislative Decree 206/2005 (the so-called Consumer Code) regarding the sale of goods (implementing Directive (EU) 2019/771 amending Regulation (EU) 2017/2394 and Directive 2009/22/EC and subsequent amendments) also apply.
PAYMENT BY CREDIT CARD
On the Site, Customers can pay using a credit card enabled for online payments (Visa, Mastercard, Maestro, or American Express) through the STRIPE gateway (a service provider of Stripe Inc.).
Every purchase is securely encrypted (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 Stripe Service platform for authorization and debiting and will therefore be subject to the Stripe privacy policy.
This data is not accessible to third parties.
Please note that the Seller will not have access to the Customer’s credit card information, which is managed directly by the third party administering the payment, nor will it retain it.
Under no circumstances can the Seller be held liable for fraudulent use of credit cards by third parties.
Payment by credit card will be made at no additional cost.
The Customer making the payment confirms that they are the holder of the credit card used or that they have obtained the cardholder’s consent. Failure to meet these requirements will prevent the Order from being processed, and any completed Order may be cancelled by the Seller.
The credit card must have sufficient funds to cover the entire purchase amount.
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 from the Visa, Mastercard, Maestro, or American Express circuits via the STRIPE gateway.
Every purchase is secure thanks to 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 Stripe Service platform for authorization and debiting, and will therefore be subject to the Stripe privacy policy.
This data is not accessible to third parties.
Please note that the Seller will not have access to the Customer’s debit/prepaid card information, which is managed directly by the third party administering the payment, nor will it retain it.
Therefore, under no circumstances can the Seller be held liable for fraudulent use of credit cards by third parties.
Payment by debit/prepaid card will be free of charge.
The Customer making the payment confirms that they are the cardholder or have obtained the cardholder’s consent. Failure to meet these requirements will prevent the Order from being processed, and any completed Order may be cancelled by the Seller.
The debit/prepaid card must have sufficient funds to cover the entire purchase amount.
PAYMENT BY PAYPAL
For payments made via PayPal, the Customer may use their PayPal account or, if they do not have an account (i.e., are not registered on the PayPal portal), they may pay using their credit card or any other prepaid card.
For payments using 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 unlawful use of the account during the purchase and payment process for the Product(s).
The Customer making the payment confirms that they are the owner of the card used or that they have obtained the cardholder’s consent. Failure to meet these requirements will prevent the Order from being processed, and any completed Order may be cancelled by the Seller.
The PayPal account or credit/prepaid card used must have sufficient funds to cover the entire purchase amount (see below for more information on the privacy policy for PayPal services).
5.6. INVOICING
In the case of online sales to a Consumer (not a VAT registered customer), the issuance of an invoice (or receipt or tax receipt) is not required pursuant to Article 22 of Presidential Decree No. 633 of October 26, 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 wishes to request an invoice, he or she must indicate this request before completing the Order, providing the necessary information.
In the case of a request by a Consumer, or in the case of online sales to a Customer who is not a Consumer (who identifies himself or herself as such at the time of placing the Order), the invoice will be issued in electronic format and sent via the CD
Exchange System (SdI).
You can also request a copy of the courtesy invoice by emailing info@fruttetoitalia.it
PRODUCT PURCHASE METHOD
Customers may purchase any Product listed on the Site with the characteristics described and the price (including any taxes) indicated in the relevant Information Sheet. Any photographic representation of the Product on the Site or elsewhere is intended for illustrative and/or descriptive purposes only.
This is without prejudice to the provisions and more detailed provisions of Articles 10, 11, and 12 of these Conditions of Sale.
SENDING AND ACCEPTANCE OF THE ORDER. FORMATION OF THE CONTRACT
The purchase of the Product(s) occurs by the Customer submitting a Purchase Order through the Website. It is the Customer’s responsibility and obligation to ensure that the Order and the information provided are correct before proceeding with the order.
If the Customer encounters problems with their Order, including error messages during order transmission, they are kindly requested to contact the Seller immediately at info@fruttetoitalia.it.
The contract between the parties (the “Contract”) is concluded upon receipt by the Customer of the Order Confirmation Email or upon receipt of the relevant payment, as specified in the email.
The Order Confirmation Email is deemed received upon delivery to the email address indicated by the Customer, regardless of whether the email has actually been read or whether the email has been marked as junk, spam, or similar by the Customer’s email provider.
In the event of a Purchase by a Consumer, after the Contract is concluded, the Seller is obliged to deliver the Product(s) within 30 (thirty) days, in accordance with the provisions of the Contract and Article 61 of the Consumer Code.
The Order Confirmation Email will contain a link to these Terms of Sale for the Customer’s reference.
SHIPPING/DELIVERY TERMS, TIMES, AND COSTS
8.1 The Seller manages its Store based on the goods in its warehouses, and therefore the Site is constantly updated to ensure the closest possible correspondence between actual availability and that advertised on the Site.
However, it may happen, even due to the simple possibility of multiple Users purchasing the same Product at the same time, that the ordered Product is no longer available after the Purchase Order is submitted.
In the event of Product unavailability, the Seller will notify the Customer within 5 (five) Business Days by sending a Product Unavailability Email.
This email cancels the purchase offer made with the online offer for the Product indicated as available and therefore results in the non-conclusion of the Contract, and the Seller cannot be held liable.
8.2. By sending a Product Unavailability Email, the Seller reserves the 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 case, the Customer must respond to the offer within 5 (five) Business Days, specifying in writing whether they intend to proceed with ordering the alternative Product; in this case, the Order is considered confirmed upon the Customer’s sending an email confirming acceptance of the alternative Product.
8.3. In the absence of such an alternative offer and, in any case, if the Customer refuses the different Product(s), the Seller shall, at the Customer’s discretion:
– issue a purchase voucher for the same amount to be used on the Site within a specified period;
– refund the amounts received using the same method used by the Customer to make the payment.
The Seller will proceed according to the methods indicated by the Customer within 5 (five) Business Days of receiving the email. If the Customer fails to receive any instructions regarding this matter, the amounts will be refunded using the same method used by the Customer to make the payment within 30 (thirty) Business Days of the Product Unavailability Email.
8.4. Shipping Times.
The Product(s) will be shipped via courier, using standard service, within 2-3 Business Days for mainland Italy and 3-4 Business Days for the Islands from the date of receipt of the Order Confirmation Email, or from the date of receipt of payment, whichever is later, from Monday to Friday, excluding holidays and national holidays, and except in cases of force majeure and/or any impediments beyond the control of the courier or the Seller.
Packages belonging to the same Order may, in some cases, be delivered on different days.
Products purchased on the Site will be delivered to the address indicated by the Customer, throughout Italy.
We recommend always providing a telephone number when placing the order for any communications from the courier.
8.5. Shipping Costs.
Standard delivery costs are:
€7.00 for Orders up to €30.00;
Free for orders over €30.00.
The Seller, in order to optimize delivery times and costs, will decide at its discretion which courier to use for the ordered goods.
The courier is generally not required to deliver the goods to the recipient’s floor, but only to the doorstep of the recipient’s home.
Shipments are not insured.
8.6. Unjustified Refusal/Non-Acceptance of Delivery.
In the event that the Customer, without reasonable cause, refuses/refuses delivery, or if the Customer has provided an incorrect delivery address resulting in delivery failure, the package containing the purchased Product(s) will be returned to the Seller, and the Seller cannot be held responsible for the failure to deliver the Product(s) within the originally agreed delivery time. The costs of further shipping will be borne by the Customer.
8.7. Customer’s absence at the time of the courier’s delivery
If the Customer is absent on the day the courier arrives for delivery, they are required to contact the courier’s local office and arrange for a subsequent delivery or collection at the courier’s premises. The Seller is not financially responsible for packages left at the courier’s premises. Customers who are unable to arrange a subsequent delivery or collection at the courier’s premises are responsible for completing the shipment.
Failure to do so will result in a partial refund of the amount paid by the Customer, net of any costs resulting from the failed delivery, pursuant to Article 17.
8.8. Inspection of the package upon delivery.
Upon delivery, the recipient must check that the packaging is intact and undamaged. Otherwise, if upon delivery/unloading the goods, the packaging is damaged, the Customer must either:
– express a reservation: this means that the package is accepted, but before signing the document, the recipient must write “I accept with reservation” in the appropriate space, describing in detail the nature of the damage found, after opening the package in the presence of the carrier/courier;
– reject the damaged goods if it is not possible to accept the package with reservation, or if the damage is visible without having to open the package and verify the integrity of the contents.
In cases where the Customer accepts delivery with reservation or refuses delivery, they are requested to promptly inform the Seller by writing to info@fruttetoitalia.it, possibly attaching photographs and a description of the alleged damage.
PLEASE NOTE: If the Customer does not accept delivery with reservation, no return request will be accepted if one or more Products are found to be damaged.
8.9. The Seller is exempt from any liability for delays in delivery or failure to deliver if the delay or failure is caused by force majeure and/or any impediments 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 the national, regional, or local level (including any government measures adopted at the national, regional, and/or local level following health or other epidemiological emergencies that could affect shipping and delivery times and/or the operation of the Services), failure of transport infrastructure, interruptions in electricity or other utilities, earthquakes, other natural disasters, postponements or delays in delivery caused by the recipient.
PRICES, TAXES, AND DUTIES
The total price for the Customer is equal to the sum of the price of the individual Products purchased, including all applicable taxes and/or duties, as indicated in the Product Information Sheet, and any shipping costs, as detailed in Article 8 above, all net of any applicable discounts/promotions.
This total price will be precisely indicated in the summary sheet generated before the Order is finalized and will also be summarized by the Seller in the Order Confirmation Email.
COMPATIBILITY, PRODUCT INFORMATION, PHOTOGRAPHIC RESULTS
The Customer is requested to verify, when placing the Order, that the Products purchased are compatible with their intended use. Customers are advised that the Products sold on the Site may differ slightly from the photographs in which they are reproduced. These photographs are for illustrative and/or descriptive purposes only, and are not binding.
Furthermore, due to the limitations of displaying Product images on a screen, the color, size, and design of the Products may differ from their actual characteristics. They may appear slightly larger or smaller in photographs than their actual size due to defects in the screen or photographic techniques. Other Products may be represented larger than their actual size to more clearly show any details, or smaller to show the entire item.
For information on the composition, ingredients, characteristics, and certifications of the Products, please refer to the information sheets available in the Online Store for each product.
Notwithstanding the foregoing, if the Customer receives products different from those ordered, or if the delivery is incomplete or damaged during transportation, the Customer is encouraged to contact the Seller immediately:
– by email at info@fruttetoitalia.it
– or by telephone at +39 0372 845745
PRODUCT NOTICES
The Products sold are manufactured in compliance with current regulations.
For any questions or to request further details, please do not hesitate to contact us at info@fruttetoitalia.it
INSTRUCTIONS FOR CORRECT PRODUCT STORAGE/USE
The Customer is reminded and drawn to the fact that proper storage and use of Frutteto e Sugo Products allows them to maintain their quality.
In any case, if you have any questions or require further details, please do not hesitate to contact us at info@fruttetoitalia.it
PRODUCT OWNERSHIP AND TRANSFER OF RISK
13.1 Title to the Products sold on the Site, as well as the risk of loss or damage to the goods for reasons not attributable to the Seller, transfers to the Customer only when the Customer, or a third party designated by the Customer and other than the carrier, physically takes possession of the goods.
However, risk transfers to the Customer upon delivery of the goods to the carrier if the carrier has been chosen by the Customer and such choice was not made by the Seller, without prejudice to the Customer’s rights against the carrier.
The intellectual property rights relating to the Site or its Content, as well as the Products sold therein, are and remain the exclusive property of the Seller or its licensors.
The Customer and the User are prohibited from copying and/or reproducing, and/or modifying, and/or creating works and/or creations 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 distinctive signs relating to and/or attributable to the Seller and/or its Products and/or using/disseminating/copying photographs uploaded to the Site.
RIGHT OF WITHDRAWAL, RETURNS, AND REFUND
14.1. Right of withdrawal: terms and conditions.
The Customer has the right to withdraw from the contract and return the goods, provided they are intact and in the same condition in which they were delivered (unless the product is not to the Customer’s satisfaction), without having to provide any reason or incur any costs, even after the 14-day withdrawal period provided for by the Consumer Code. If the Customer is dissatisfied with the products received, he or she may report the problem using the methods indicated in the “FAQ” by notifying FRUTTETO ITALIA SRL, by calling +39 0372 845 745, or by writing to info@fruttetoitalia.it. Based on the Customer’s request, FRUTTETO ITALIA SRL guarantees returns for 30 days on a “satisfied or refunded” basis. Therefore, in such cases, the product will be replaced or the amount paid will be refunded.
If the Customer has designated a trusted person to collect the order, the right of withdrawal begins on the day the product is delivered to the designated person. FRUTTETO ITALIA SRL will refund the amount via bank transfer to the IBAN code provided by the Customer.
In areas served by FRUTTETO ITALIA SRL’s distribution system, the collection of the goods is the responsibility of the Company, and therefore the Customer will not incur any costs. In any case, any shipping costs incurred by the Customer for returning the goods to FRUTTETO ITALIA SRL will be refunded along with the price of the goods and any contributions paid by the Customer.
14.5. Exceptions to the right of withdrawal
The right of withdrawal does not apply, pursuant to and for the purposes of Article 59, paragraph 1, letter c) of the Consumer Code, to any Products made according to the specifications provided by the Consumer or clearly adapted to the Consumer’s personal needs (“supply of goods made to measure or clearly personalized”).
14.6. Non-Consumer Customer
Non-Consumer Customers have no right of withdrawal.
LEGAL WARRANTY
15.1 Legal Warranty for the Consumer
In the event of any lack of conformity existing at the time of delivery of the goods, the Consumer may assert the legal warranty for the Product(s) purchased on the Store, pursuant to Article 133 of the Consumer Code.
In such cases, the Consumer may alternatively request repair or replacement of the Product(s), at their discretion, free of charge, unless the requested remedy is objectively impossible or excessively costly compared to the other remedy (pursuant to Articles 135-bis, 135-ter, and 135-quater of the Consumer Code).
On this point, it is specified that one of the two remedies is considered excessively costly if it imposes unreasonable costs on the Seller compared to the other remedy, taking into account the value of the goods, 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 time from the request, without causing significant inconvenience to the Consumer, taking into account the nature of the goods and the purpose for which the Consumer purchased them.
All shipping, labor, and material costs are borne entirely by the Seller.
In the event of a replacement, the Consumer must first return the defective Product, at the Seller’s expense, before the Seller ships the new Product.
Alternatively, the Consumer may only request, if
a) repair or replacement are impossible or excessively costly;
b) the Seller has failed to repair or replace the goods within a reasonable time or without causing significant inconvenience to the Consumer, either a reasonable price reduction, taking into account the use of the goods, or, at its discretion, termination of the contract.
Please note that in the event of termination, the Seller will refund the purchase price upon proper return of the Product(s) by the Consumer.
Furthermore, it is emphasized that a minor lack of conformity for which repair or replacement is not possible or excessively costly does not give rise to termination of the contract. In such cases, therefore, the Consumer is only entitled to an equitable reduction in the purchase price.
In any case, the Seller reserves the right 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 2 (two) years of delivery. The legal guarantee, relating to the alleged non-conformity of a purchased Product with respect to what is agreed in the Contract, expires 2 (two) years after delivery of the goods.
15.2 Legal Warranty for Non-Consumer Customers
Pursuant to Articles 1470 et seq. of the Italian Civil Code, and in particular Articles 1492 and 1495 of the Italian Civil Code, in the case of a Non-Consumer Customer, the warranty for defects, which covers defects that render the goods unfit for their intended use or that reduce their value, may be asserted within 12 months of delivery of the goods, provided that the defect is properly reported within 8 days of discovery.
In this case, the non-consumer customer may request termination of the contract or a price reduction proportionate to the defect. In the event of termination, the customer must return the goods and the seller must reimburse the buyer for the price paid.
15.3 How to Dispute a Claimed Lack of Conformity
The Customer has the right to dispute the alleged lack of conformity of the purchased Product only by submitting a complaint to the Seller:
by email to info@fruttetoitalia.it
by certified email to fruttetoitalia@legalmail.it
by registered mail to Frutteto Italia S.R.L., Via Padania 9 – 26030 Volongo (CR) – Italy
For faster assistance, the Customer is requested to attach to the complaint/report of a lack of conformity, which must be sent using the methods described above, an adequate description of the alleged defect, accompanied by relevant documentation (including photographs), so that the appropriate remedy can be identified.
The Customer is required to retain the Order Confirmation Email (and forward it to any recipient of a gift) as proof of purchase of the Product, which must be attached to activate the legal warranty.
15.4. Non-applicability of the warranty – what is meant by “lack of conformity of the Product” or “defective Product”
For the purposes of this article, the Product is considered free from material defects, for the purposes of the conditions for the applicability of the legal warranty in this case, if at the time of delivery it presents the agreed-upon qualities and complies with the Sales Contract.
In the case of a Consumer, pursuant to Article 129 of the Consumer Code regarding “Conformity of goods with the contract,” the purchased Product is deemed to comply with the Sales Contract if:
a) it corresponds to the contractual description, type, quantity, and quality and possesses the functionality, compatibility, interoperability, and other characteristics as set out in the sales contract;
b) it corresponds to the contractual description, type, quantity, and quality and possesses the functionality, compatibility, interoperability, and other characteristics as set out in the sales contract; b) is suitable for any particular use desired by the Consumer, which was made known to the Seller no later than the time of conclusion of the sales contract and which the Seller has accepted;
Furthermore, 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 European law, technical standards, and industry codes of conduct applicable to the specific sector;
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 conclusion of the contract;
c) be delivered with any accessories, including packaging or other instructions, that the Consumer can reasonably expect to receive;
d) be of the quantity and possess the qualities and other characteristics, including durability, functionality, compatibility, and safety, normally present in a product of the same type and that the consumer can reasonably expect, given the nature of the product and public statements made by or on behalf of the seller, or by other persons in previous stages of the commercial transaction chain, including the manufacturer, particularly in advertising or labeling.
Furthermore, the Product is not considered defective if it has not been stored and/or maintained in accordance with the provisions of Article 12 of this Agreement.
Therefore, the Seller is not liable for defects and damage caused by improper and/or incorrect and/or non-compliant use by the Customer, who therefore cannot rely on the aforementioned legal guarantee.
LIMITATIONS OF LIABILITY
16.1. These Terms of Sale list and govern all of the Seller’s obligations and responsibilities regarding the sale of Product(s) through the Site’s Store. In particular, the Seller does not guarantee that the Product(s) are suitable for the Customer’s purposes/expectations and urges the User to carefully review the provisions of Articles 8, 10, 11, 12, and 15 before purchasing the Product(s) on the Site.
16.2. The Seller shall not be held liable, whether contractual or otherwise, for:
– financial losses (including, but not limited to, loss of profits, revenues, contracts, business, or anticipated savings);
– loss of goodwill and/or reputation;
– loss or damage of any kind, whether financial or non-financial, suffered and/or suffered;
– disputes by the Customer and/or third parties, except as expressly provided in this Agreement.
EXPRESS TERMINATION CLAUSE
The Seller may automatically terminate this Agreement, without notice, by declaring in writing to the Customer its intention to exercise this clause, upon the occurrence of at least one of the following events, pursuant to and for the purposes of Article 1456 of the Italian Civil Code:
a – the lack and/or unavailability of the Product(s) for reasons not attributable to the Seller;
b – in the event of bankruptcy or insolvency proceedings of suppliers of parts and/or materials for the Product(s) purchased by the Customer, or in the event of bankruptcy or insolvency proceedings of companies that perform certain work on the Product(s);
c – failure to pay, in whole or in part, the amount due by the Customer according to the timeframes and methods set forth in this Agreement and/or any anomaly and/or irregularity in payment. In this regard, it is specified that:
– in the event of payment anomalies and/or irregularities, the Seller, before activating this express termination clause, may request additional information from the Customer and/or copies of documents proving ownership of the account/card used and/or legitimacy to use it and/or payment, which must in any case be received within 5 (five) Business Days;
– if the Customer fails to provide the requested information within the indicated deadline, or if the payment anomalies and/or irregularities are so serious that the Seller deems them irremediable, the Seller shall have the right to cancel the Order pursuant to this Article, unless the Seller exercises its right to demand fulfillment of the Contract.
Subject to any other agreement between the parties.
FORM OF AMENDMENTS, SEVERABILITY, PARTIAL NULLITY OF THESE TERMS OF SALE
18.1. Any modification to this Agreement will not be valid unless made in writing and approved by the Seller.
18.2. If any provision of these Terms of Sale is deemed unlawful and/or void and/or, for any reason, unenforceable, such nullity/invalidity/inefficacy/unenforceability shall be deemed partial and affect only the invalid provision; it shall not affect the validity, effectiveness, or enforceability of the remaining provisions.
The unlawful and/or void and/or unenforceable provision shall be automatically replaced by a valid/enforceable/enforceable provision established by mandatory provisions or by customs and practices whose rationale or purpose is as similar as possible to the replaced provision.
CONTACTS
The Seller, in order to respond to questions and/or doubts and/or complaints from Users/Customers regarding the information on the Site and/or Orders placed, may be contacted at the following addresses:
by email to info@fruttetoitalia.it
by certified email to fruttetoitalia@legalmail.it
by registered mail to Frutteto Italia S.R.L., Via Padania 9 – 26030 Volongo (CR) – Italy
PROCESSING OF PERSONAL DATA
20.1. The Data Controller pursuant to Article 13 of EU Regulation 2016/679 is Frutteto Italia S.R.L., an Italian company with registered office at Via Padania 9 – 26030 Volongo (CR) – Italy. Paid-up share capital €142,857.00 – Cremona Companies Register – Economic and Administrative Index (REA): 200021 – VAT No. 01770310199 – Certified Email Address: fruttetoitalia@legalmail.it, Email Address: info@fruttetoitalia.it, Telephone Number: +39 0372 845745
20.2. The performance of the contractual relationship constitutes the legal basis for the processing of the Customer’s Personal Data, in their capacity as Data Subject.
As the Data Controller, Frutteto Italia S.R.L. processes the aforementioned Data lawfully and fairly and in compliance with the principles of necessity, transparency, proportionality, and adequacy, in accordance with the so-called “Privacy Code” principles. accountability and control required by privacy legislation, for the following purposes:
to fulfill Orders placed by the Customer in the “Frutteto Italia” Store via the Website of the same name and, therefore, to perform any related activities, such as, in particular, Product selection, placing Orders, shipping, delivery, and/or the exercise of the right of withdrawal and the subsequent collection of goods, or any other obligations set forth in the Conditions of Sale;
to perform any administrative and/or accounting activities related to a purchase through the Website, as well as to fulfill legal obligations;
to send 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 opt-out at any time by contacting the Data Controller using the contact details and methods mentioned above;
To send commercial communications about Site Products, special offers, promotions and news, coupons, via email, text message, or similar, and/or postal service (so-called “marketing purposes”), including profiling the User, without prejudice to the right to object to such data processing.
20.3. The Seller undertakes to process Customers’ Personal Data in compliance with the security regulations set forth in Article 32 of EU Regulation 2016/679 (so-called GDPR), as well as with applicable national privacy legislation, ensuring the integrity of the Data processed and adopting the necessary precautions to avoid its destruction or loss, also taking into account the type of data processed and the methods used. Personal Data is processed using manual and electronic tools and is stored in the designated electronic database. The Personal Data contained in the aforementioned partially automated information system, as well as those stored in the Data Controller’s electronic archives, are processed in accordance with the provisions of applicable legislation and the GDPR regarding security measures, in order to minimize the risk of accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access, or processing inconsistent with the purposes for which they were collected.
20.4. The Personal Data will be retained by the Data Controller for the time necessary to perform the contract and in any case in compliance with legal obligations. The processing of Personal Data, subject to the relevant consent, may also be for profiling purposes and may involve its transfer and/or disclosure to third parties, including the entities indicated in Article 20.5.
20.5. The Data provided by Customers for the aforementioned purposes may be disclosed or communicated to the following recipients, including but not limited to: social security, welfare, and employment protection institutions; Seller’s employees or collaborators in any capacity, for the performance of administrative, accounting, tax compliance, and IT support activities; natural and/or legal persons (legal, administrative, tax, and labor consultancy firms) for the purposes set out in Article 20.2; and all those entities (including Public Authorities) who have access to the Data pursuant to regulatory or administrative provisions.
20.6. The Seller processes the Personal Data freely entered and provided by the Customer on the Site via the appropriate forms (such as, in particular, data
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 stipulation and execution of the contractual relationship and, therefore, failure to provide the Personal Data in question will make it impossible to complete the purchase, sale, delivery and/or return procedures of the goods. It is also specified 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 art. 6, paragraph 1, letter b), of the GDPR and applicable legislation. With reference to the purpose referred to in point c) of Article 20.2 above, consent to the processing is not necessary pursuant to applicable legislation, without prejudice to the Customer’s right to object at any time to the sending of communications pursuant to art. 21 of the GDPR. With reference to the purpose referred to in point d) of Article 20.2. above, consent to the processing of Personal Data is purely optional, without prejudice to the fact that failure to provide it will make it impossible for the Customer to receive communications and/or commercial information relating to the Seller’s Products and to benefit from any related promotions.
20.8. Pursuant to Articles 15 et seq. of the GDPR and applicable privacy legislation, the Customer, in his or her capacity as Data Subject, may exercise the rights referred to in the aforementioned articles and, pursuant to Article 77 of the GDPR, has the right to lodge a complaint with the Italian Data Protection Authority, to withdraw any consent given at any time, and to:
a) obtain confirmation of the existence or otherwise of Personal Data concerning him or her and communication of such data in an intelligible form, receiving such data in a structured, commonly used, and machine-readable format with the option of transmitting it to another Data Controller (“Right to data portability”);
b) obtain information: (i) on the source of the Personal Data, the purposes and methods of processing, and the logic applied in the event of processing carried out with the aid of electronic means; (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 it in their capacity as representatives, managers, or designees within the territory of the State;
c) obtain (i) the updating, rectification, or integration of your Data or, in the event of a dispute regarding the accuracy of the Data, the limitation of their processing for the time necessary for the appropriate checks; (ii) the transformation into anonymous form or blocking of Data processed in violation of the law, including those whose retention is necessary for the purposes for which the Data were collected or subsequently processed; (iii) certification that the operations referred to in the preceding points have been brought to the attention, including with regard to their content, of those to whom the Data were communicated or disseminated, unless such fulfillment proves impossible or involves the use of means manifestly disproportionate to the right being protected;
d) object, in whole or in part, to (i) the processing of their Data, even if pertinent to the purpose of collection, (ii) the processing of their Personal Data for the purposes of commercial information or the sending of advertising or direct sales materials, or for market research or commercial communications;
e) obtain erasure without undue delay (“Right to be forgotten”) if the Data is no longer necessary for the purposes for which it was collected or otherwise processed, has been unlawfully processed, or if the User (i) requests it or (ii) objects, in whole or in part, to the processing;
f) obtain restriction of processing if the Data (i) is unlawfully processed but the User opposes its erasure, (ii) is necessary for the User to ascertain, exercise, or defend a legal claim, or (iii) is pending an assessment of the Seller’s legitimate grounds for processing.
Without prejudice to the provisions of this Site’s Cookie Policy,
– regarding the use of external platforms that manage payment systems, such as Stripe and PayPal, the User/Customer is invited to review the privacy policies on the relevant websites before proceeding with the relevant payment method, in order to understand the specific methods of processing Personal Data carried out by the owners of these platforms;
_ regarding third parties such as, by way of example and not limited to: Facebook, Instagram, the 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.
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 Product Purchase Agreement on the Store, or in any case in relation to the purchase procedure from this Store, or in relation to these Terms of Sale, as well as, in general, the User’s navigation of the Site, or the use of any functionality made available to the User/Customer through the Site, the competent court shall be:
– in the case of a Consumer, pursuant to Article 66 bis of the Consumer Code, the court of the Consumer’s residence or domicile, if located in Italy. If the Consumer is not resident or domiciled in Italy, the court of Cremona shall have exclusive jurisdiction;
– in the case of a Customer who is not a Consumer, the court of Cremona shall have exclusive jurisdiction.
21.3. In any case, the Consumer may first attempt conciliation by using the online dispute resolution procedure on the European “Online Dispute Resolution” (ODR) platform, by accessing the following address: http://ec.europa.eu/consumers/odr/
The email address of the professional seller to be included in the complaint is info@fruttetoitalia.it
21.4. The Seller is particularly committed to its relationship with the Customer and to satisfaction with the purchase. Therefore, without prejudice to the User/Customer’s rights as specified above, the Customer is invited to submit any type of complaint/dispute first by emailing info@fruttetoitalia.it, indicating the Order number and date of purchase, a brief explanation of the problem (possibly with supporting photographs), and their contact information. The Seller will be available to attempt to resolve the problem directly, wherever possible.
Effective date – last updated October 10, 2023