E-COMMERCE TERMS AND CONDITIONS OF SALE

The object of these Terms and Conditions of sale is the purchase of perishable and non-perishable products, made at a distance through the website www.lebontadivilladafne.it, managed and owned by Società Agricola del F.lli Mascarella snc, with registered office in C/da Cozzo di Cicero sn 90021 Alia (PA), (P.IVA 05966740820 - N. Iscrizione registro delle imprese PA-, pec: f.llimascarellasnc@pec.it ). Every purchase transaction will be regulated by the provisions of Legislative Decree 206/2005 (Consumer Code) and, as regards the protection of privacy and confidentiality, will be subject to the regulations set out in REGULATION (EU) 2016/679.  

1. Preface.

The terms of sale, delivery and payment are listed in detail in the various sections of https://www.lebontadivilladafne.it/termini-e-condizioni-di-vendita of the Site and are to be considered an integral and substantial part of these Conditions. The Conditions applicable to each individual order shall be those set out on the Site at the time the order is placed. Any new Conditions shall be effective from the time of publication on the Site and shall apply only to sales concluded after such publication. The order sent by the Customer has the value of a contractual proposal and the Customer himself explicitly states that he fully accepts these General Terms and Conditions of Sale.

2. Products.

The products and prices indicated on the Site constitute an offer to the public, to be made in the manner contained in the Site itself and in these Conditions.  The Customer may only purchase the products indicated, illustrated and described in the information sheets in the catalogue of the Website www.lebontadivilladafne.it. upon confirmation of the order. The Customer acknowledges that, due to the possible simultaneous access to the site by several users, the actual availability of individual products may vary significantly during the same day compared to the indications on the Site. In view of this, the temporary unavailability of the product will be promptly communicated to the Customer.  Variable weight products (fruit and vegetables, butchery, delicatessen) are offered on the Site in indicative sizes and weights, with the price determined per kilogram. The actual weight is only established when the product is prepared, and may vary up to 20% more or less than the indicative weight proposed on the Site or requested by the Customer. Also in consideration of the above, the weight and amount determined at the time of the order may differ from the actual weight and amount calculated at the time the receipt is issued.

3. Prices.

The prices shown on the Site are inclusive of VAT. The price displayed on the order confirmation e-mail is pre-authorisation, and may differ from the total price of the products ordered only with reference to those with variable weight, in accordance with Article 2 of these Terms of Sale. No increases or decreases may be calculated on the price determined at the time the order is confirmed, even for promotions that may have occurred subsequently or have been previously concluded. The cost of delivery and shipping, where applicable, is not included in the price of the products. 

4. Orders.

a) Order confirmation.

Once the online product order procedure provided for by the Site has been completed, the Customer will receive an e-mail confirming the order placed, with a summary of the products, prices, total amount, date and time of delivery. The confirmation e-mail will also contain any special conditions applicable. The unavailability of a product after the completion of the procedure, with its consequences on delivery times, will be communicated by Società Agricola F.lli Mascarella snc to the Customer, allowing the latter to choose whether to confirm the order anyway, modify it or cancel it. The order sent by the Customer will be binding for Società Agricola F.lli Mascarella snc only after the completion of the relevant on-line procedure and the sending of the confirmation e-mail.

b) Order modification and cancellation.

The Customer, when delivery is not foreseen, can cancel the whole order or modify it (only as regards the day and time of delivery) within five hours before the foreseen delivery time. In case of unexpected and unforeseen logistic and organisational difficulties, Società Agricola F.lli Mascarella snc can cancel the order giving notice by e-mail to the Customer or, after agreement with the same, change the day and/or time of delivery.

5. Delivery of products.

The Customer acknowledges that the delivery date of the products is merely indicative.

a) Delivery without shipping.

Moreover, the delivery service is guaranteed only for homes that can be reached with the means of transport provided. The Customer, therefore, must promptly inform Società Agricola F.lli Mascarella snc by e-mail at lebonta@villadafne.it of any problem concerning the integrity of the package, the correspondence and/or the completeness of the products received. The cost of delivery without shipping is indicated on the cost summary table on the Site.

b) Delivery with dispatch.

Società Agricola F.lli Mascarella snc will also ship the products throughout the national territory within three to five working days from the order confirmation date, to the address indicated by the Customer.   The responsibility for the products, with the exception of defects on the goods not attributable to transport, will be at the charge of Società Agricola F.lli Mascarella snc until the delivery of the products to the forwarding agent or to the carrier in charge.  At the moment of delivery of the products by the courier, the Client, or his representative, is required to check that the number of packages delivered corresponds to the number indicated in the transport document and that the packaging is intact, not damaged or in any case altered, checking with particular care for the possible presence of signs that indicate the breakage of the goods sent, such as, for example, the presence of leaking liquids and/or the presence of humidity on the package. Any damage to the packaging and/or the products and/or the mismatch in the number of packages must be immediately notified to the courier by the Customer, with a declaration of acceptance with "subject to verification of the contents" to be issued to the employee in charge of deliveries.  Furthermore, the Customer undertakes to immediately inform Società Agricola F.lli Mascarella snc by registered letter with return receipt to the address C/da Cozzo di Cicero sn 90021 Alia (PA) or by e-mail to lebonta@villadafne.it of any problem concerning the physical integrity, correspondence and/or completeness of the products received. The Customer may indicate a destination for the goods other than the billing address. If the different destination does not appear in the order confirmation e-mail or is subsequently requested by the Customer, the latter shall request through the appropriate section of the Site the reissue of the order confirmation, rectified with the new address. In case, for any reason, the different delivery address should not appear in the order confirmation, and the Customer has not requested the correction in the above mentioned way, the delivery will be made to the invoicing address, with exoneration of any responsibility of Società Agricola F.lli Mascarella snc. 

c) Responsibility for deliveries.

Furthermore, Società Agricola F.lli Mascarella snc shall not be held liable for any loss, damage, wrong or non-delivery caused by force majeure or fortuitous events, such as (by way of example) adverse weather conditions, strikes (of its own or other employees), accidents to means of transport, pandemic or any other cause, similar or different. 

d) Failure to deliver.

If, at the time of delivery, the order is not prepaid or the Customer has not made payment in the manner indicated on the Site, the order shall be deemed cancelled. In this case the Customer will be charged only the delivery cost and the cost of any products not transferable to third parties (for example, perishable products). Moreover, Società Agricola F.lli Mascarella snc has the right to exclude the Customer from the online purchase service or to subordinate the service to the payment of the penalty for the non-delivery due, equal to the delivery cost and to the cost of possible products that cannot be sold to third parties.

6. Payments and Billing.

For each order Società Agricola F.lli Mascarella snc will issue an invoice/tax receipt related to the products purchased by the Customer. The invoice will be issued on the basis of the information provided by the Customer at the moment of registration on the Website; the Customer assumes all responsibility for the correctness of the aforesaid information. The information contained in the invoice may not be changed by the Customer after it has been issued. If an invoice is issued, it shall be transmitted to the Customer through the appropriate interchange systems. If a receipt is issued, it shall be forwarded to the Customer to the e-mail address provided by the latter at the time of registration.  The purchase can be paid for by the Customer online via: Credit, debit and prepaid cards enabled for online payments of the MasterCard, Visa circuits, as well as the Stripe, PayPal, Google Pay systems, while cash on delivery is not envisaged. 

7. Customer Withdrawal.

The Customer is protected by the provisions of Legislative Decree 206/2005 and subsequent amendments. The Customer has the right to withdraw, totally or partially, from the contract without any charge by sending a communication within fourteen working days from the receipt of the products to Società Agricola F.lli Mascarella snc by pec to the address f.llimascarellasnc@pec.it or, alternatively, by registered letter with return receipt to the address C/da Cozzo di Cicero sn - 90021 Alia (PA). The communication must clearly specify the intention to withdraw from the contract and the product for which the right of withdrawal is to be exercised, attaching a copy of the receipt/invoice. In case of withdrawal exercised as described above, Società Agricola F.lli Mascarella snc will refund the sum paid by the Customer, in addition to shipping costs, within fourteen working days from receipt of the withdrawal communication. In case of shipped products, the Customer, after having sent a withdrawal declaration in the above-mentioned way, will receive from Società Agricola F.lli Mascarella snc a special shipping label to return the products. In case of products delivered without shipment, the withdrawal of the products will be carried out by a person in charge of Società Agricola F.lli Mascarella snc at the address where the delivery took place.

The customer may not exercise the right of withdrawal in the event of:  

• products sealed and opened by the Customer;

• custom-made or customised products;

• products that by their nature cannot be returned, at risk of alteration or deterioration.  

The Customer shall in any case be held liable for any diminution in the value of the returned goods in the event of improper handling and/or use.

8. Responsibility of Società Agricola F.lli Mascarella snc for delivered products.

Società Agricola F.lli Mascarella snc fully guarantees compliance with the quality standards of the products delivered. The Customer acknowledges that the images and descriptions on the website must be intended as indicative and subject to possible changes by the producers. 

Società Agricola F.lli Mascarella snc cannot be held responsible:

• the temporary or permanent unavailability of one or more products;

• of product information provided by manufacturers and/or distributors;

• the poor condition of the products due to unsuitable storage of the products by the Customer;

• for any damage suffered by the Customer directly or indirectly attributable to the use of the Site.

9. Jurisdiction and Dispute Resolution.

In caso di controversie, nei rapporti con i consumatori, ai sensi dell’art. 66-bis D.Lgs. 206/2005 (Codice del Consumo) la competenza territoriale è inderogabilmente attribuita al Foro di residenza (o di domicilio) del consumatore. Inoltre, il consumatore stabilito in Europa può usufruire della piattaforma messa a disposizione dalla Commissione Europea per la risoluzione di ogni disputa nascente dal contratto online stipulato sul sito. La piattaforma Europea ODR è disponibile al seguente link: https://webgate.ec.europa.eu/odr.

10. Privacy Protection.

Società Agricola F.lli Mascarella snc guarantees the processing of the Customer's personal data in compliance with the privacy regulations and with the information provided in the relevant section of the Site.