1. GENERAL INFORMATION AND SCOPE OF APPLICATION
1.1 These General Conditions apply to all sales made by LE SAITTOLE on the Site.
1.2 The General Conditions may be changed at any time, without prejudice to the user’s right of withdrawal under subparagraph 1.4 below. Any changes and\or new conditions will be effective from the moment of their publication in the “Terms and Conditions” section of the Site. To this end, we ask users to regularly access the Site and check the most up-to-date General Conditions published.
1.3 The applicable General Conditions are those in force on the date the purchase order is sent.
1.4 If the user does not intend to accept the changes to the General Conditions, he will have the right to withdraw by giving 7 days’ notice, sent by registered letter with acknowledgment of receipt.
1.5 The continued use of the Service after the deadline referred to in paragraph 1.4 constitutes an expression of the will to accept the General Conditions.
2. ENTERING DATA AND ORDER FORM
2.2 To make purchases, the user must complete the form by entering name, surname, an e-mail address and the data necessary for shipment of the goods. Data entry and placement of the order is confirmed in an email sent to the address provided by the user.
2.3 The user guarantees that the data provided during the purchase process on the Site are complete, correct and truthful. The user agrees to exempt LE SAITTOLE from any obligation to pay any compensation or penalty deriving from and/or in any way related to any infringement by the user of the rules of access to the Site. The user is solely responsible for the data entered and is directly liable for any damage or injury caused to LE SAITTOLE or to third parties by improper use and/or misappropriation. All operations carried out on behalf of the user are considered to have been carried out by the Customer to whom the data refer.
2.4 By completing the order form, the user agrees to receive invitations to make purchases and commercial proposals from LE SAITTOLE. At any time, the user can request to stop receiving information on promotions and/or invitations to make purchases by sending an email to firstname.lastname@example.org. The user may in any case make purchases by means of direct access to the Site.
3. PRE-CONTRACTUAL INFORMATION
In accordance with Legislative Decree no. 70 of 9 April 2003 containing provisions on electronic commerce, LE SAITTOLE informs the user that:
3.2 the contract between LE SAITTOLE and the user is concluded, after verifying the correctness of the data relating to the order and payment, with LE SAITTOLE’s acceptance of the order, expressed to the user.
3.3 before proceeding with transmission of the order form, the user must identify and correct any data entry errors by following the instructions given on the Site from time to time and which accompany the different stages of the purchase process. Once the order form has been registered, LE SAITTOLE will send the user, at the e-mail address specified, a confirmation e-mail containing a summary of the General Conditions, information relating to the characteristics of the product purchased, details of the price, the means of payment used, the shipping costs and any additional costs, as well as contact details for the assistance service. The user is advised to keep the e-mail received as proof of purchase or to store it on a durable medium.
3.4 the order form will be stored in the LE SAITTOLE database for the time necessary to process the order and, in any case, for as long as the law requires.
4. TERMS AND CONDITIONS OF PURCHASE
4.1 The products published on the Site are available for a limited time and in limited quantites. The validity date of the offers is specified on the Site.
4.2 All prices shown on the Site are expressed in Euros (€) and are inclusive of VAT. The contribution to the costs of order fulfilment and delivery is explicitly specified and includes VAT. Transport costs are charged to the customer and are explicitly specified in the purchase order.
4.3 The user will be charged the price of the product shown on the Site at the time the order was placed.
4.4 The products will remain the property of LE SAITTOLE until the user has paid the purchase price and expenses.
4.5 LE SAITTOLE will process the purchase order only after it has received confirmation of the authorization to pay the total amount due, consisting of the purchase price, shipping costs and any additional costs, as shown in the order form.
4.6 LE SAITTOLE reserves the right not to confirm orders from users with whom disputes are pending or in the circumstance envisaged under art. 5.1.
5.1 The products offered on the Site are limited in number. It may thus happen that the product ordered is no longer available after the purchase order has been placed, or that it is in the production phase; this may occur in particular for purchases made in the months of October, November and December of each year. If the product ordered is unavailable, the user will be promptly informed by e-mail and the purchase order will be cancelled. If the user does not intend to replace the item with another available one of equal value, LE SAITTOLE will refund the sum paid by the user, including the contributions to the costs of order fulfilment and shipping costs, immediately, and, in any case no later than thirty days after the day following the placing of the order. The amount to be refunded will be communicated by e-mail, and credited by means of the PAYPAL system.
5.2 LE SAITTOLE declines all responsibility for any delays in such refunds that depend on the bank or are due to force majeure.
6.1 Deliveries are made using authorized carriers in Italy and in EU member countries to the postal address specified by the user in the order form.
6.2 Delivery times vary from 3 to 6 working days.
6.3 Shipping costs vary depending on the size, weight and destination of the items chosen. Deliveries are made during normal business hours to the address indicated by the User and in the manner specified in the order summary.
It is the user’s responsibility to check the condition of the Product delivered. This is without prejudice to the fact that the risk of loss or damage to the Products, for reasons not attributable to LE SAITTOLE, is transferred to the user when the user, or a third party designated by the same and other than the carrier, materially comes into possession of the Product. The user is advised to check the number of Products received and that the packaging and the materials used to seal it are intact, and have not been damaged or otherwise altered. The user is requested, in his own interest, to report any anomalies on the carrier’s shipping bill, and only to provisionally accept the package. If the Products are accepted without any reservation, the user will not be able to take legal action against the courier in the event of loss or damage to the Products. If the packaging shows obvious signs of tampering or alteration, the user is also advised to promptly notify LE SAITTOLE.
If the shipment is not collected by the deadline set by the carrier, the products will be returned to LE SAITTOLE, which will refund the price of the products, but retain the shipping costs. LE SAITTOLE cannot be held liable for delivery errors due to inaccuracies or incompleteness in the compilation of the purchase order by the User, or for any damage that may have occurred to the Products after being handed over to the carrier, where the latter has been chosen and appointed by the User, or for delays in delivery attributable to the latter.
7.1 In the event of the purchase of products or services, users are entitled to withdraw from the contract without giving any reason within 14 days. The withdrawal period expires after 14 days from the day on which the User or a third party – other than the carrier and designated by the User – takes physical possession of the goods. To exercise the right of withdrawal, the User is required to inform LE SAITTOLE of the decision to withdraw by means of an explicit notice of withdrawal sent to the contacts specified, before the withdrawal period expires.
To exercise the right of withdrawal, the user must send a registered letter with acknowledgement of receipt to the following address, valid for the shipment of the goods: LE SAITTOLE AZIENDA AGRICOLA VIA BRODOLINI 2, 73020 Castri di Lecce (LE). The notice of withdrawal may also be sent in advance by e-mail to the email address info@LESAITTOLE.com, provided that it is confirmed by means of registered letter with notice of receipt within the subsequent 48 hours. Any costs and risks associated with returning the products are borne by the user. Since the burden of proof relating to the exercise of the right of withdrawal prior to the expiry of the Withdrawal Period is borne by the user, it is in the user’s interest to keep a copy of the e-mail sent to LE SAITTOLE with the Notice of Withdrawal.
To this end, you can use the sample form for exercising the right of withdrawal shown below:
Sample withdrawal form
I/we hereby notify the withdrawal from my/our contract of sale regarding the following goods/services:
________________________________________________________________________________________________ (insert here a description of the goods/services from which you intend to withdraw)
- Ordered on: _____________________________________________________________ (insert date)
- Received on: _____________________________________________________________ (insert date)
- Name of consumer(s): ____________________________________________________________
- Address of the consumer(s): __________________________________________________________
- Date: ______________________________________________________________________________
7.2 If the User withdraws from this contract, he will be reimbursed for any payments already made to LE SAITTOLE, including delivery costs (with the exception of additional costs deriving from the possible choice of a delivery method other than the least expensive type of standard delivery offered) without undue delay and in any case no later than 14 days after the day on which LE SAITTOLE is informed of the User’s decision to withdraw from this contract. These refunds will be made using the same payment method used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any case, the User shall not incur any costs as a result of this refund. Reimbursement may be suspended until receipt of the goods or until the User demonstrates that he has returned the goods, whichever is earlier.
The User is requested to return the goods and deliver them to LE SAITTOLE without undue delay and in any case within 14 days from the day on which he communicated withdrawal from this contract. The deadline is met if the User returns the goods before the expiry of the 14-day period. The costs of returning the goods will be paid in advance by the User, but will be reimbursed by WP in the manner and subject to the limitations specified above.
The right of withdrawal, pursuant to art. 59 of the Consumer Code, will not in any case be possible in relation to:
- goods which have been made to measure or are clearly personalized;
- the supply of goods that are liable to deteriorate or expire rapidly;
- the supply of sealed goods which cannot be returned for hygienic reasons or reasons related to the protection of health, and which have been opened after delivery.
7.3 For all the methods of exercising withdrawal, the products must be returned intact and properly packaged, in their original packaging, accompanied by any accessories. For any further information, contact info@LE SAITTOLE.com.
7.4 Pursuant to art. 57(2) of the Consumer Code, the user is responsible for the decrease in the value of the products resulting from any manipulation and/or alteration of the products themselves. In this case, LE SAITTOLE reserves the right to ask the user to refund any decrease in value found.
7.5 In order to exercise the right of withdrawal, it is not required that the goods to be returned be insured against theft and accidental damage from transport. However, since the risk inherent in returning the goods is incumbent on the buyer, LE SAITTOLE suggests that a buyer who intends to exercise the right of withdrawal insure, at his own expense, the shipment for the value indicated in the confirmation e-mail purchase order.
7.6 In accordance with art. 56(3) of the Consumer Code, LE SAITTOLE will proceed to refund the user as soon as possible, but only after the return of the product or after verifying that the user has returned the goods.
The refund amount will be credited to the same payment method used for the purchase, unless otherwise agreed with the user.
7.7 The clauses concerning the exercise of the right of withdrawal, as well as the related consequences and exceptions, apply exclusively to Users who qualify as consumers, that is, to Users who act for purposes unrelated to their business and professional activity.
8.1 Payment for products purchased on the Site is made using the following methods:
– PayPal allows you to pay by your credit/prepaid card or using your PayPal account (which can be topped up by bank transfer or credit/prepaid card). PayPal does not involve any additional cost for the customer. Attention: if the items chosen have different delivery dates, the shipping times for the entire order will refer to that of the item whose delivery is expected to take longest.
– Bank transfer to bank account IBAN IT17B0617516004000000276880 held in the name of: LE SAITTOLE AZIENDA AGRICOLA
8.2 If an invoice is deemed necessary and/or in any case the customer is not a “consumer or user” as defined in art. 3(1a) of the Consumer Code, the customer is required to specify this during the purchase process. In this case, neither the withdrawal regulations referred to in art. 7 of the General Conditions nor the provisions that apply only to “consumers” are applicable. The information and procedure for the invoice request is available in the registration section by clicking on the blue “Billing data” string once the shipping information has been entered.
8.3 In the event of non-payment, LE SAITTOLE will charge the user the costs related to the management of the outstanding payment and will reject the related purchase order, communicating this by e-mail.
9. WARRANTIES AND NON-CONFORMITY OF PRODUCTS
9.1 The products offered on the Site comply with domestic and EU legislation in force in Italy.
9.2 The description of the products offered on the Site is that shown online and, in more detail, in the associated Technical Data Sheets that may be requested from LE SAITTOLE. The images and colours of the products published on the Site may differ from the actual ones due to the local settings of the systems and/or tools used to view them. LE SAITTOLE is not responsible for any mismatch between the ordered product and the description of the product on the Site, if the mismatch derives from errors in the description attributable to the e-commerce assistance provider and of which LE SAITTOLE was not and could not have been acquainted with, applying normal diligence.
9.3 All products sold on the Site are covered by the Legal Warranty of Conformity envisaged under articles 128-135 of the Consumer Code (“Legal Warranty”). This Legal Warranty is reserved for consumers.
9.4 In the event of termination of the contract, LE SAITTOLE will refund the price paid by the user, in addition to shipping costs and any additional costs. In the event of a price reduction, LE SAITTOLE will refund the amount of the reduction previously agreed with the user. In any case, the refund amount will be communicated to the user by e-mail and credited to the payment method used by the user for the purchase. The user must reach an agreement with the LE SAITTOLE Customer Service regarding the shipping methods for the goods.
9.5 Products repaired, modified or altered in any way by the user are not covered by the Legal Warranty. Also excluded from the scope of the Legal Warranty are any faults, malfunctions or defects of any other type caused by accidental events or by the user’s responsibility or by a use of the product that does not comply with its intended use and/or that is not envisaged in the technical documentation enclosed with the product, if any, or in the instructions for use relating to the same.
9.6 Under no circumstances may LE SAITTOLE be held responsible for the breach of any of the obligations deriving from these General Conditions if the breach is due to unforeseeable circumstances and/or force majeure, including, merely by way of example, natural disasters, acts of terrorism, network malfunctions and/or blackouts, inefficiencies of the e-commerce operator, etc.
Any complaints must be sent to LE SAITTOLE using the details specified in the CONTACTS section of the website
11. OBLIGATIONS AND RESPONSIBILITIES OF LE SAITTOLE
11.1 LE SAITTOLE undertakes to correct any errors in the description of the products offered on the Site, as soon as possible after such errors have been reported. Such errors may be reported by contacting LE SAITTOLE Customer Service at the addresses and numbers specified in the introduction. 11.2 LE SAITTOLE is not liable for damage, of any kind, deriving from any use and/or storage of the product which is improper and/or not in accordance with the instructions provided by the manufacturer, or in the event of damage resulting from unforeseeable circumstances or force majeure.
11.3 LE SAITTOLE will not be liable for any loss of revenue, profits, data or for any other indirect damage of any nature deriving from or in any case connected to contracts subject to the General Conditions.
11.4 LE SAITTOLE’s liability may not, in any case, exceed the total value of the purchase order.
11.5 Under no circumstances may LE SAITTOLE be held responsible for the breach of any of the obligations deriving from contracts subject to the General Conditions if the breach is due to unforeseeable circumstances and/or force majeure, including, merely by way of example, natural disasters, acts of terrorism, network malfunctions and/or blackouts.
12. SUSPENSION OF THE SERVICE
12.1 LE SAITTOLE reserves the right to temporarily suspend, without any prior communication, the provision of the Services for the time strictly necessary for any technical interventions which may be necessary and/or appropriate to improve the quality of said Services.
12.2 LE SAITTOLE may, at any time, interrupt the provision of the Service if there are justified reasons regarding security or breaches of confidentiality, in this case notifying the user.