E-COMMERCE TERMS AND CONDITIONS OF SALES – TENUTE NAVARRA
The following Terms and Conditions of sales assess the purchase of perishable goods, carried out remotely through the Website https://tenutenavarra.com, owned and managed by Società Agricola Tenute Navarra S.r.l., with registered offices in Contrada San Giacomo 93011 – Butera (CL) – Italia – P. IVA 02048510859 | Business Register enrolment no. 02048510859 PEC tenutenavarrasrl@legalmail.it; owner’s email: info@tenutenavarra.com.
Each purchase transaction will be governed by the requirements of the D.lg 206/2005 (Consumer Code) and, with regards to privacy and confidentiality commitments, will be subjected to the legislation of the EU Regulation 2016/679.
Premise
You can consult in detail the terms of sales, shipping, and payment listed below in the different sections under the heading https://tenutenavarra.com/en/condizioni-di-vendita/ on the Website.
The terms that apply to each sale may be those presented on the website at the time of ordering. Any modifications will be in place as soon as they are published on the website and will only apply to any subsequent purchases.
The order made by the Customer has a contractual value, and the Customer explicitly states to accept the General Terms and Conditions of Sales in full.
Acceptance of the Agreement
By proceeding with the order, the Customer accepts the Terms and Conditions of Sale, as specified in the “Terms and Conditions of Sale” on the website www.tenutenavarra.com.
Account (Registering, Deleting the Account, and closing the user’s account)
To benefit from this Service, the Customer must:
Create an account providing all the information required fully and truthfully.
The Customer is responsible for retaining the login credentials safely and securely.
The Customer will choose a password corresponding to the highest level of security available on the App, which means they may log into their account using Google or Facebook.
By creating an account, the Customer is liable for all activities under their login details.
The Customer is required to inform Società Agricola Tenute Navarra s.r.l., immediately and clearly state via the contact details included in this document if they consider that their personal information (i.e., User account, login details, or personal data) to have been violated, illegally distributed, or stolen.
The Customer is free to close their account and stop using the Service at any time by contacting Società Agricola Tenute Navarra S.r.l., via the contacts given in this document.
Società Agricola Tenute Navarra s.r.l. reserves the right to suspend or delete a Customer’s account at any time, at its own discretion and without notice, if the use is considered inappropriate, offensive, or averse to these conditions.
The suspension or deletion of the account does not entitle the Customer to demand payment, refund, or compensation.
Furthermore, the suspension or deletion of the account for reasons chargeable to the Customer does not exempt the Customer from paying any outstanding fees or prices that are due.
Products
The products and prices shown on the Website establish what is on offer to the public, that may be carried out according to these Conditions and the Website.
The Customer may purchase any product shown and described in the informational sheets, including those listed as “available” in the Tenute Navarra website catalogue.
The Customer acknowledges that due to the possibility of multiple users registering simultaneously to the website, the actual availability of each product may vary significantly during the time of purchase compared to what is indicated on the website.
In this circumstance, the Customer will be immediately informed of the temporary unavailability of the product.
Prices, Deals, and Promotions
During the purchase and before proceeding with the order, Customers are duly informed of all the charges, fees, and costs (including additional shipping costs) charged.
Società Agricola Tenute Navarra s.r.l. may offer deals and special discounts for the purchase of products: those promotions or discounts are always under the requirements and the terms and conditions provided in the dedicated section of this website and are always and solely granted at the discretion of Società Agricola Tenute Navarra s.r.l.
Periodically and repeated promotions or discounts do not comprise any claim or right enforceable by the Customer in the future. As appropriate, deals and promotions apply only to the time determined by Società Agricola Tenute Navarra s.r.l.
If Società Agricola Tenute Navarra decides to apply a discount, the Society shall emphasize clearly the lowest price that the product has had in the last 30 days, using the statement “from – to”, therefore showing the price previous to the discount for an amount of time before the markdown.
Orders
a) Order confirmation
Once the online purchasing procedure required by the website is completed, the Customer will receive an order confirmation email in their inbox with the summary of the items, prices, and total amount, along with the courier information and the shipping costs. Subsequently, they shall receive the tracking code via email directly from the shipping company, as well as the information on the charged carrier.
Moreover, the confirmation email will contain certain conditions that may be potentially applied.
The unavailability of a product after the procedure is completed, along with the implications on the shipping time, shall be notified by Società Agricola Tenute Navarra s.r.l. to the Customer, allowing them to choose to confirm the order, edit or delete it.
The order sent by the Customer will be binding for Società Agricola Tenute Navarra s.r.l. exclusively by the completion of the online procedure and the confirmation via email.
b) Editing or Deleting the Order
In the event of unexpected and arisen logistic and organizational difficulties, Società Agricola Tenute Navarra s.r.l. may cancel the order, change the day and/or hour of delivery by notifying the Customer via e-mail, or by previous agreement.
Product Delivery by Shipment
The Customer acknowledges that the delivery date of the goods is purely indicative.
Società Agricola Tenute Navarra s.r.l. shall provide the shipment of the products on national territory within five to seven working days from the order confirmation date to the address provided by the Customer.
Società Agricola Tenute Navarra s.r.l. is exempt from the delivery duty by transferring the liability of goods to the carrier or the shipping company. Therefore, except for defects in goods that are not attributed to transit, Società Agricola Tenute Navarra s.r.l. will not be responsible for any damage that occurred after the handover of goods to the carrier.
During the handover of the products on behalf of the carrier, the Customer, or his representative, must check that the number of packages delivered corresponds to the number of those stated in the delivery note and that the packaging is intact, undamaged, or in any other ways, altered, making sure to check for any marks that suggest the damaging of the products sent, such as the presence of spilled liquids and/or the presence of humidity on the package.
The Customer must immediately notify the carrier of any damage to the packaging and/or to the products, and/or missing packaging, with a statement of acceptance “subject to verification of the content” to be issued to the employee in charge of delivery.
The Customer undertakes the responsibility to notify immediately Società Agricola Tenute Navarra s.r.l., with registered offices in Contrada San Giacomo 93011 – Butera (CL) – Italia – P. IVA 02048510859 | Business Register enrolment no. 02048510859 via PEC (tenutenavarrasrl@legalmail.it) any issues relating to the integrity, conformity, or completeness of the received products.
The Customer may indicate a different delivery address from the signup address within 48 hours of receiving the order confirmation email.
If for any reason, the different delivery address should not appear on the order confirmation, and the Client has not instructed any correction to the above address, the delivery will be sent to the registration/invoicing address, where Società Agricola Tenute Navarra s.r.l. is exempted from any responsibility.
Delivery Responsibility
Società Agricola Tenute Navarra s.r.l. may not be held responsible for any loss, damage, misdelivery, or failure of delivery caused by force majeure circumstances or accident, such as but not limited to adverse weather conditions, potential strikes (company employees or other employees), transport accidents, pandemic or any other issue, similar or otherwise.
Payments and Billing
For each order Società Agricola Tenute Navarra s.r.l. may issue a tax invoice on the products purchased by the Customer. According to the information provided by the Customer at the time of purchase, the invoice will be sent; the Customer shall take full responsibility for the accuracy of said information. The invoice information cannot be amended by the Customer after it has been issued. Regarding the issuing of invoices, it will be sent to the Customer via the dedicated exchange systems.
The Customer may pay for the purchase via credit card, debit card, or prepaid card enabled for online payments such as MasterCard, Visa, American Express, and Paypal.
If the Customer accepts the Paypal operation that enables future purchases, the website will save the ID code linked to the Customer’s Paypal account.
As a result, the website will automatically use this information for future purchase payments or regular installment payments for previous purchases.
The Customer may revoke the authorization at any time by contacting Società Agricola Tenute Navarra s.r.l. or by altering Paypal personal settings.
Customer’s withdrawal
The Customer is protected by D. Lgs 206/2005 e s.m.
The Customer has the right to withdraw in whole or part of the agreement without additional costs by sending a request by PEC (tenutenavarrasrl@legalmail.it) or via a registered letter to the address mentioned in the premise within fourteen business days from the product delivery.
The notice must indicate the will to withdraw from the agreement and the product for which they wish to exercise the right of withdrawal by attaching a copy of the receipt/invoice.
If the withdrawal complies with what is stated above, Società Agricola Tenute Navarra s.r.l. may provide a refund of the amount paid by the Customer, not including the shipping costs that are at the expense of the Customer, within fourteen business days upon receiving the withdrawal notice.
In terms of shipped products, the Customer, after forwarding the withdrawal statement in the manner set out above, will receive the appropriate shipping label from Società Agricola Tenute Navarra s.r.l. to return the goods.
The Customer may not have the right of withdrawal if:
- sealed products and opened by the Customer
- damaged products
- tailor-made or customized products
- products that, by nature, cannot be returned, at risk of alteration or deterioration
The Customer will be held fully responsible for the potential decrease in value of the returned property, in case of mishandling and, or inappropriate use.
Società Agricola Tenute Navarra s.r.l. responsibility for delivered products
Società Agricola Tenute Navarra s.r.l. Will ensure compliance with quality standards for delivered products.
The Customer undertakes that the pictures and descriptions on this website are approximate and subject to amendments from the producers.
Società Agricola Tenute Navarra s.r.l. may not be held responsible for:
- Temporary unavailability or discontinued of one or more products;
- information about the products provided on behalf of producers and/or distributors;
- a poor state of products due to unsuitable storage on behalf of the Customer;
- any damage incurred by the Customer directly or indirectly which is not compliant to the website;
- any damage, loss, or violation due to hacking, tampering, or other access, or unauthorized use of the service or the user account, or the information provided;
- any unauthorized access to the security server of the website and/or to any personal information stored;
- any interruption or termination of transmission to or from the service;
- any bug, virus, trojan, or other that can be transmitted to or by the service;
- any error or failure in any content or for any loss or damage incurred by the use of any published content, sent by email, forwarded, or provided by the service;
- the defamatory, offensive, or illegal conduct of any user or third parties.
Age requirements
Users declare to be of legal age under the applicable national law.
Under no circumstances those under the age of 18 can purchase products on the website www.tenutenavarra.com
Privacy Policy
Società Agricola Tenute Navarra guarantees that the Customer’s data shall be used in compliance with the privacy policy and the document provided in the relevant section of the website.
Place of jurisdiction and settlement of disputes
In case of dispute, in relations with consumers, under art. 66-bis D. Lgs. 206/2005 (Consumer Code), the territorial jurisdiction is without exception the Court of residence (or dwelling) of the consumer. Moreover, the Customer who lives in Europe shall use this platform to resolve any disputes concerning the contract concluded on this Website.
The ODR European platform is available at the following link:
https://webgate.ec.europa.eu/odr.
LEGAL COMPLIANCE WARRANTY
The legal compliance warranty is required by Consumer’s Code (art. 128 e ss.) and protects the consumer from faulty product purchases that do not match the use stated by the Seller or the general destination indicated.
To whom does it apply
The consumer may assert their legal rights to legal warranty by referring directly to the Seller of the goods, even if different from the producers.
Content of the Legal Warranty
Should the product be deemed non-compliant, the consumer is entitled to have the faulty product repaired or replaced by the Seller at their discretion, free of charge unless the solution requested is impossible or excessively onerous compared to the alternative solution.
If the replacement or repair of the product is not possible, the consumer has the right to a price reduction or reimbursement, according to the value of the goods, after returning the faulty product to the Seller.
The timeframe of the legal warranty is two years from the date of delivery and shall be notified by the consumer within two months of the claim: the purchase receipt must be available at all times. The two years legal warranty is applied to goods that appear defective, provided that the former is used correctly, following its intended use and the product details, as well as general consumption advice.
Available solutions to Consumers
In case of product defect, duly reported within the terms and according to the nature of goods, the customer will be entitled to:
- firstly, the repairment or replacement of the product with an equivalent (if available), unless the solution is objectively impossible or excessively costly with respect to the other;
- secondly, (if the first two options are impossible or excessively costly, that is they are not completed within the timeframe, or if repairments and replacements previously carried out have caused significant inconveniences duly demonstrated), the price reduction and termination of the contract.
The solution is excessively costly if it imposes costs on the seller which, in comparison with the alternative solutions, are unreasonable, taking into account the value of goods would have if there were no lack of conformity, the entity of the lack of conformity, and the eventuality that the solution may be carried out without significant inconvenience to the Consumer.
What to do in case of non-conformity
The Consumer must notify Società Agricola Tenute Navarra S.r.l.. by sending a registered letter to Viale Luigi Monaco n. 26 – Caltanissetta – 93100 or via PEC: tenutenavarrasrl@legalmail.it, reporting the fault and the date of delivery of the product.
The consumer will then be contacted by Società Agricola Tenute Navarra which will provide the solution for pick up and delivery of the products, to verify if for any reason the legal warranty cannot be applied (ie. if the product has been purchased over two years ago, the goods are damaged and/or faults that have been caused by the consumer and do not derive from a lack of conformity).
At the time of pickup of the faulty product, Società Agricola Tenute Navarra S.r.l. will deliver a label that certifies the fault of the product which is being dealt with.
If Società Agricola Tenute Navarra S.r.l. comes across the existence of the defect in the product, the shipping, and repair costs are charged to the company.
For alleged faults expressed within the first six months of the purchasing date of the product, the testing and shipping costs are charged to Società Agricola Tenute Navarra S.r.l.
For defects expressed after six months from the date of purchase, the replacement and shipment costs, duly documented, will be initially charged to the Consumer, that is the Costumer.
Before proceeding with the solution, Società Agricola Tenute Navarra S.r.l. will notify the costs to the Consumer to get permission to fix the product.
Società Agricola Tenute Navarra S.r.l. will contact the Consumer when the replaced or repaired product is available to agree on the delivery.
