Terms and Conditions
This page contains the general terms and conditions on the basis of which the use of the website www.agricolaombra.com that provides agricultural products is offered by the Owner
To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and in the plural, shall have the meaning indicated below:
- Owner: Società Agricola Ombra S.S., with registered address in Podere La Casina 90, 56030 Lajaticop (PI), VAT number/Tax code IT-02238250506, REA PI - 191924, fully paid-up share capital of 2.000,00 €, , certified e-mail address (PEC) firstname.lastname@example.org
- Application: the web site www.agricolaombra.com
- Products: tangible goods, sold by the Owner
- User: any person who accesses and uses the Application
- Consumer User: the natural person who enters into a contract for purposes which are not related to his trade, business or profession
- Conditions: this contract which governs the relationship between the Owner and the Users as well as the sale of the Products offered by the Owner through the Application.
- Scope of the Conditions
The use of the Application implies full acceptance of the Conditions by the User. Should the User not accept the Conditions and / or any other note, legal notice, information published or referred to therein, the User shall not use the Application or the services related.
The Owner may amend the Conditions at any time.
The applicable Conditions are those in force on the date of transmission of the purchase order of a Product.
Before using the Application, the User is required to read the Conditions carefully save or print them for future reference.
The Owner reserves the right to change, at his own discretion and at any time, the graphic interface of the Application, the Contents and their organisation, as well as any other feature that characterises the functionality and management of the Application, communicating to the User the relative instructions, when necessary.
- Purchase through the Application
All Products offered through the Application are described in detail in the relevant product pages (quality, features, availability, price, delivery method, times and expenses, accessory charges, etc.). Some errors, inaccuracies or small differences between what is published in the Application and the Product may occur. Furthermore, the images of the Products shall be considered as a mere representation and do not constitute a contractual element.
Purchases of one or more Products through the Application are permitted to Consumer Users.
Purchases requests are permitted only to natural persons of legal age. For minors, any purchase of Products through the Application shall be examined and authorised by the parents or those exercising parental authority.
The offer of Products through the Application shall be deemed as an invitation to prepare an offer and the order sent by the User as contractual purchase proposal, subject to the confirmation and / or the acceptance of the Owner as described below. Therefore, the Owner has the right to accept or refuse the User's order or delivery request at its discretion. Accordingly, the User is not entitled to complain about the Owner’s decision for any reason.
The contract of sale of the Products is deemed to be concluded with the Owner’s acceptance of the User’s contractual purchase proposal or delivery request. The Owner shall inform the User of the acceptance by sending an order confirmation to the e-mail address indicated by the User. The confirmation shall contain the date of the order, User’s data, the characteristics of the Product and the information on its availability, the price or the manner in which the price is to be calculated, further charges and / or taxes, if any, delivery address, delivery times and costs, if any, the procedures for exercising the right to withdrawal or its possible exclusion and the guarantee.
The contract of sale of the Products is not effective between the parties in absence of what is indicated in the preceding paragraph.
In the event that the Product is not available, the Owner shall inform the User the new terms of delivery and ask if the User intends to confirm the order. It is understood that the contract shall be deemed as concluded only with reference to the Products accepted by the Owner.
The User shall verify the correctness of the data reported in the order confirmation and immediately notify the Owner of any errors. The User shall keep a copy of the order, of the confirmation and of the Conditions.
- Prices and payments
For each Product the price including VAT, if due is indicated. If the price cannot be calculated in advance, due to the nature of the Product, the methods for calculating the price shall be indicated.
Furthermore, all possible taxes, additional costs and delivery costs which may vary depending on the destination, the chosen delivery method and / or the payment method used shall be indicated. If these expense items cannot reasonably be calculated in advance, there shall be an indication of which expenses to be charged to the User.
The Owner reserves the right to change the price of the Products as well as any additional costs at any time. It is understood that price changes shall in no case affect the contracts already concluded before such change.
The User undertakes to pay the price of the Product within the times with and methods indicated in the Application and to communicate the information requested.
The Application uses third-party tools for processing payments and does not enter in any way into contact with the payment data provided (number of credit cards, name of the holder, password, etc.).
Should these third party tools deny payment authorisation, the Owner shall not provide the Products and cannot be held responsible in any way.
The User who intended to receive the invoice for the payment shall provide the Owner with the billing information. In this case, the User declares that the information provided is true and releases the Owner from any liability in this regard.
- Material Products’ delivery methods
The material products (including any tangible goods with digital elements) shall be delivered to the address indicated by the User, in the manner and at the time chosen or indicated in the Application and reported in the order confirmation. Unless otherwise specified, the delivery terms specified in the order confirmation shall provide the period of time usually required to deliver the Product from the moment the courier takes charge.
In the event that it is not possible to provide the Products requested, a prompt notice shall be given to the User via e-mail, indicating the expected time of delivery or the reasons that make the delivery not possible.
If the User does not intend to accept the new term or the delivery has become impossible, he can request a refund of the amount paid, which shall be paid promptly with the payment method used for the purchase, within a maximum of 14 days from the date on which the Owner became aware of the refund request.
Upon receipt of the Product, the User is required to verify its compliance with the order as well as the integrity of the packaging. In case of evident damage to the packaging and / or to the Product, the User can refuse the delivery of the Product and may return it without any charge. Once the delivery document has been signed, the User cannot make any objection to the external characteristics of the Products delivered.
The Owner is not liable for damages losses and costs incurred as a result of the failure to execute the contract due to force majeure.
- Right to withdrawal of the Users from the purchase of Material Products
The Consumer User has the right to withdraw from the contract without penalty and without specifying the reason, within the term of 14 days from the date of delivery of the Product, by sending a written communication to the e-mail address email@example.com, using the optional withdrawal form provided in the following article or any other written declaration.
In the case of separate delivery of more than one Product, ordered by the Consumer User with a single order, the term of 14 days for exercising the right to withdrawal starts from the day of delivery of the last Product.
In case of withdrawal, the User must return the Product to the Owner, without undue delay and in any case no later than 14 days from the date on which he notified his decision to withdraw from the contract. The User shall only bear the direct cost of returning the Product, unless the Owner has declared to bear it.
In case of withdrawal exercised correctly, the Holder shall refund the payments received by the User. The refund shall be paid promptly with payment method used for the purchase, within a maximum of 14 days from the date on which the Owner became aware of refund request.
The Owner shall not reimburse the delivery costs if the User has expressly chosen a type of delivery different from the least expensive type of delivery offered by the Owner.
The Owner may withhold the reimbursement until the Product is returned or until the User has demonstrated that he has returned it, unless he has offered to pick up the Product himself.
The Owner may not accept the return if the Product is malfunctioning due to improper use, negligence, physical, aesthetic or superficial damage or alteration, tampering or improper maintenance or wear and tear or absence of integral elements of the product (accessories, parts, etc.). In such cases, the Owner will return the purchased Product to the sender, charging the shipping costs to the sender.
- Exclusion of the right to withdrawal of the User
The right to withdrawal from the contract of sale of the Products by the Consumer User is excluded relatively:
- to the supply of Products for which the price is dependent on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the withdrawal period
- the supply of Products made to the Consumer’s specifications or clearly personalised
- to the supply of Products which are liable to deteriorate or expire rapidly. The same applies to all foodstuff Products (including beverages) whose characteristics are subject to alteration also due to incorrect conservation
- to the supply of sealed Products, which have been unsealed by the User and are not then suitable for return due to health protection or hygiene reasons
- to the supply of Products that, according to their nature, been inseparably mixed with other items after delivery
- to contracts where the User has specifically requested a visit from the trader for the purpose of carrying out urgent repairs or maintenance. Where on the occasion of such a visit the trader provides related services in addition to those specifically requested by the User or goods other than replacement parts necessarily used in performing the maintenance or in making the repairs, the right of withdrawal applies to those additional related services or goods
- to the supply of sealed audio or video recordings or computer software and that have been unsealed after delivery
- to the supply of newspapers, periodical or magazines with the exception of subscription contracts for the supply of such publications
- to contracts concluded at a public auction
- the provision of accommodation other than for residential purpose, transport of goods, car rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance
For more information, the User shall contact the Owner at the e-mail address firstname.lastname@example.org.
- Optional form to exercise the right to withdrawal
The User can withdraw from the contract by using the following form, which must be completed in its entirety and sent to the e-mail address email@example.com before the withdrawal period has expired:
I hereby communicate the withdrawal from the sales or supply contract relating to the following product __________
Date of the order: _______
Name and surname: _______
E-mail associated with the account from which the order was made: ____________________
- Material Products’ guarantee of conformity for Consumer Users
Consumer Users are ensured the guarantee of conformity, provided for by articles 129 and following of the Consumer Code, for all tangible Products sold through the Application, except for the exclusion cases hypotheses provided for in article 128 of the Consumer Code.
The Owner is liable responsible towards to the Consumer User for any lack of conformity that occurs within two years of delivery. During the first year, the Consumer User is not required to prove that the defect existed at the time of delivery as it is assumed that it already existed on that date, unless such presumption this hypothesis is incompatible with the nature of the Material Product or with the nature of the nature the lack of conformity.
If the Consumer User intends to take advantage of the remedies provided for by the guarantee of conformity, he must send a written communication to the e-mail address firstname.lastname@example.org.
The Owner shall will promptly reply and indicate to the Consumer User the procedure to follow.
For anything not provided for in this clause, articles 128 to 135-septies of the Consumer Code and the articles of the Italian civil code on the formation, validity and effectiveness of contracts, including the consequences of termination of the contract and the right to compensation for damage.
- Industrial and intellectual property rights
All the contents of the Application, including texts, documents, trademarks, logos, images, graphics, their arrangement and their adaptations are protected by copyright and trademark legislation. The Application may also contain images, documents, logos and trademarks of third parties which have expressly authorized the Owner to be published in the Application. Except for strictly personal uses, it is not allowed to copy, alter, distribute, publish or use the Contents without the specific authorization of the Owner.
- Exclusion of warranty
The Application is provided "as is" and "as available" and the Owner does not provide any explicit or implicit guarantee in relation to the Application, nor does it provide any guarantee that the Application will satisfy the needs of the Users or that it will not have never interrupt or be error-free or free of viruses or bugs.
The Owner will endeavour to ensure that the Application is available continuously 24 hours a day, but cannot in any way be held responsible if, for any reason, the Application is not accessible and / or operational at any time or for any period . Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons wholly unrelated to the owner's will or due to force majeure events.
- Limitation of liability
The Owner shall not be held liable towards the User, except in the case of wilful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its own control or that of its suppliers.
Furthermore, the Owner will not be liable for damages, losses and costs incurred by the User as a result of failure to execute the contract for reasons not attributable to him, the User only having the right to a full refund of the price paid and of any additional charges incurred.
The Owner assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards and other means of payment, since he does not enter in any way in contact with the payment data used (credit card number, name of the holder, password, etc.).
The Owner shall not be held liable for:
- any loss of business opportunities and any other loss, even indirect, possibly suffered by the User that is not a direct result of the breach of contract by the Owner
- incorrect or unsuitable use of the Application by Users or third parties
- the issue of incorrect documents or fiscal data due to errors in the data provided by the User, the latter being the only person responsible for the correct insertion
In no case the Owner shall be held liable for a sum greater than twice the cost paid by the User.
- Force majeure
The Owner shall not be held responsible for the failure or late fulfilment of its obligations, due to circumstances beyond its reasonable control due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of its will.
The fulfilment of the obligations by the Owner shall be considered suspended for the period in which events of force majeure occur.
The Owner will perform any act in his power in order to identify solutions that allow the correct fulfilment of his obligations despite the persistence of events due to force majeure.
- Links to third-party web sites
The Application may contain links to third-party web sites / applications. The Owner has no control over them and, therefore, is in no way responsible for the contents of these sites / applications.
Some of these links may link to third-party sites / applications that provide services through the Application. In these cases, the general conditions for the use of the site / application and for the use of the service prepared by the third parties will be applied to the individual services, with respect to which the Owner assumes no responsibility.
- Applicable law and jurisdiction
The Conditions are subject to Italian law.
For Consumer Users, any dispute concerning the application, execution and interpretation of these Conditions shall be referred to courts where the Consumer User resides or has elected domicile, if located in the territory of the Italian Republic, without prejudice to the right of the User Consumer of going to court other than the "consumer court" pursuant to Section 66 bis of the Italian Consumer Code, competent for the territory according to one of the criteria of the Sections 18, 19 and 20 of the civil procedural code.
The application to Consumer Users who do not have their residence or domicile in Italy of any more favourable and mandatory provisions established by the law of the country in which they have their residence or domicile is reserved, in particular in relation to the term for the exercise of the right of withdrawal, after the return of the Products, in case of exercise of this right, the formalities of the communication and the legal guarantee of conformity.
- Online dispute resolution for Consumer Users
The consumer user residing in Europe shall be aware of the fact that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve any dispute relating to and / or deriving from contracts for the sale of goods and the provision of services concluded online. Consequently, the Consumer User can use this platform for the resolution of any dispute arising from the contract entered into online. The platform is available at the following address: ec.europa.eu/consumers/odr/
The purpose of this document is to inform the natural person (hereinafter “Data Subject”) about the processing of his/her personal data (hereinafter “Personal Data”) collected by the data controller, Società Agricola Ombra S.S., with registered office in Podere La Casina 90, 56030 Lajatico (PI), e-mail address email@example.com, (hereinafter “Data Controller”), via the website www.agricolaombra.com (hereinafter “Application”).
- Categories of Personal Data processed
The Data Controller processes the following types of Personal Data voluntarily provided by the Data Subject:
- Contact Data: first name, last name, address, e-mail address, phone number, pictures, authentication credentials, any further information sent by the Data Subject, etc.
The Data Controller processes the following types of Personal Data collected automatically:
- Usage Data: such as, for example, pages visited, number of clicks, actions taken, duration of sessions, etc.
If the Data Subject decides not to provide Personal Data for which there is a legal or contractual obligation, or if such data is a necessary requirement for the conclusion of the contract with the Data Controller, it will be impossible for the Data Controller to establish or continue any relationship with the Data Subject.
The Data Subject who communicates Personal Data of third parties to the Data Controller is directly and exclusively liable for their origin, collection, processing, communication or divulgation.
- Cookies and similar technologies
Cookies are not used for the transmission of personal information, and neither are persistent cookies of any kind used, i.e. systems for tracing the Data Subjects. Therefore, the Application does not acquire the Personal Data of the Data Subjects using these technologies. Use is made of session technical cookies (not persistent), strictly limited to what is necessary for the safe and efficient navigation of the Application.
- Legal basis and purpose of data processing
The processing of Personal Data is necessary:
- for the performance of the contract with the Data Subject and especially: fulfillment of any obligation arising from the pre-contractual or contractual relationship with the Data Subject
- for legal obligations and especially: the fulfilment of any obligation provided for by the applicable norms, laws and regulations, in particular, on tax and fiscal matters
- for the legitimate interest of the Data Controller, for: marketing purposes by e-mail of products and/or services of the Data Controller to directly sell the Data Controller's products or services using the email provided by the Data Subject in the context of the sale of a product or service similar to the one being sold
The Data Subject's Personal Data may also be used by the Data Controller to protect itself in judicial proceedings before the competent courts.
- Data processing methods and receivers of Personal Data
The processing of Personal Data is performed via paper-based and computer tools with methods of organization and logics strictly related to the specified purposes and through the adoption of appropriate security measures.
Personal Data are processed exclusively by:
- persons authorized by the Data Controller to process Personal Data who have committed themselves to confidentiality or have an appropriate legal obligation of confidentiality;
- subjects that operate independently as separate data controllers or by subjects designated as data processors by the Data Controller in order to carry out all the processing activities necessary to pursue the purposes set out in this policy (for example, business partners, consultants, IT companies, service providers, hosting providers);
- subjects or bodies to whom it is mandatory to communicate Personal Data by law or by order of the authorities.
The subjects listed above are required to use appropriate measures and guarantees to protect Personal Data and may only access data necessary to perform their duties.
Personal Data will not be indiscriminately shared in any way.
Personal Data will not be transferred outside the territory of the European Economic Area (EEA).
- Personal Data storage period
Personal Data will be stored for the period of time that is required to fulfill the purposes for which it was collected. In particular:
- for purposes related to the execution of the contract between the Data Controller and the Data Subject, will be stored for the entire duration of the contractual relationship and, after termination, for the ordinary prescription period of 10 years. In the event of legal disputes, for the entire duration of such disputes, until the time limit for appeals has expired
- for purposes related to legitimate interests of the Data Controller, they will be stored until the fulfilment of such interest
- in compliance with legal obligations, by order of an authority and for legal protection, they shall be stored according to the relevant timeframes provided for by such obligations, regulations and, in any case, until the expiry of the prescriptive term provided for by the rules in force
- for purposes based on the consent of the Data Subject, they will be stored until the consent is revoked
At the end of the conservation period, all Personal Data will be deleted or stored in a form that does not allow the identification of the Data Subject.
- Rights of the Data Subject
Data Subjects may exercise specific rights regarding the Personal Data processed by the Data Controller. In particular, the Data Subject has the right to:
- be informed about the processing of their Personal Data
- withdraw consent at any time
- restrict the processing of his or her Personal Data
- object to the processing of their Personal Data
- access their Personal Data
- verify and request the rectification of their Personal Data
- restrict the processing of their Personal Data
- obtain the erasure of their Personal Data
- transfer their Personal Data to another data controller
- file a complaint with the Personal Data protection supervisory authority and/or take legal action.
In order to use their rights, Data Subjects may send a request to the following e-mail address firstname.lastname@example.org. Requests will be immediately treated by the Data Controller and processed as soon as possible, in any case within 30 days.
Last update: 01/06/2022
Società Agricola Ombra S.S.
Podere La Casina 90, 56030 Lajatico (PI)
REA: PI - 191924