Terms and Conditions of Sale
General conditions of online sale / e-commerce of food products www.fratellitorneo.it
Definitions: – General conditions of sale: indicates these general conditions of sale;
– Seller: refers to Azienda Agricola Torneo Giulia, with head office at Traversa Vallone Sambucia, 7, – VAT registration number IT01756330898
– Site: refers to the web platform www.fratellitorneo.it, owned by the Azienda Agricola Torneo Giulia, through which the service is offered;
– Product/s: agricultural products sold by Azienda Agricola Torneo Giulia on its web platform, www.fratellitorneo.it;
– Buyers: any person who, accessing the site, purchases citrus goods online;
– Consumer: any person intended as the end user of the product as defined by Legislative Decree: 206/2005, who purchases the product for personal purposes;
– Professional buyer: any person who is not an end user of the product;
– Service: online sale of citrus products of in-house production.
General statements and commercial policy of the company
2.1. For a long time, Fratelli Torneo has traded its produce traditionally, by selling it to local wholesalers. Now, however, it has decided to shorten the large-scale organised distribution chain by approaching the consumer directly.
The purchase of a fresh product such as ours is made easier today; through our website www.fratellitorneo.it the customer can order the desired product
Scope of application
3.1. These general terms and conditions of sale are applied to buyers who make purchases through the website www.fratellitorneo.it, whether they are final consumers or professional buyers.
3.2. By placing the purchase order, the customer confirms having carefully read and accepted all these general terms and conditions of sale and requests that the company proceed with their execution.
Subject of the contract and service
4.1. Through the website www.fratellitorneo.it the company offers an online sales service for citrus products of their own production
4.2. The essential characteristics of the products are explained in the description on the web at the time of purchase.
4.3. The buyer is aware that the purchased good is a foodstuff and, as such, subject to the influence of seasonality and the surrounding environment, methods of conservation and eventual expiry. The buyer is therefore aware that the taste, texture, colour and, in general, characteristics of the product purchased, may change from shipment to shipment, even with respect to the same product.
Conclusion of the Contract
5.1. The product purchase contract is considered definitively concluded when the buyer-final consumer completes the online purchase procedure by sending the order.
5.2. Without prejudice to the foregoing, the company’s obligations to deliver the product are subject to prior payment for the order by the buyer.
5.3. The company will have the option, at its discretion, to keep a copy of the orders received according to the terms and methods deemed most appropriate.
5.4. Given that the professional buyer’s product purchasing methods will from time to time be determined by means of specific communications with the seller, the contract for the purchase of the product with professional buyers will only be concluded with the final agreement of the parties, by email or by written order confirmation.
Prices and payment
6.1. All prices shown on the website are expressed in Euros (€) and include VAT.
6.2.. Shipping costs are not included in the price. Goods are shipped via express courier. Shipment of orders made on Saturday takes place every Monday.
6.3. The customer can pay by PayPal / credit card or bank transfer,
Payment of the purchase price is due at the time of placing the order. Payment methods must be selected at the time of purchase, as per the procedure for finalising the order indicated on the website www.fratellitorneo.it. (The credit cards accepted are Mastercard, Visa, and Paypal.)
Payment via “Bank Transfer” must comply with the bank details indicated during the procedure, and referred to in these General Terms and Conditions, the details of which will be made known to the customer in the purchase confirmation email as required by art. 53 of the Consumer Code.
Our bank details are:
Named account holder: Torneo Giulia
Bank: Intesa San Paolo
Shipment of the product will take place only after the buyer has paid the sum due, in the manner indicated on the website www.fratellitorneo.it and contained herein. All fiscal and banking information will be used by the company for the sole purpose of completing the purchase procedures, or, should it be necessary, to prevent or report to the police fraud of any type and nature on the site www.fratellitorneo.it.
Art. 7: Method of purchase
The purchase of products for sale online on the website www.fratellitorneo.it must be carried out by following the procedure indicated by the platform, which comprises the following phases.
- a) choose the desired product
b) add to basket
c) proceed to checkout
d) Registration (not mandatory)
e) Select the payment method
The buyer is aware that any variation from this procedure, or the partial and non-definitive conclusion of the same, will not determine the conclusion of the contract; only the correct and complete execution of the purchase procedure, as provided for by the website www.fratellitorneo.it, obliges the seller to deliver the purchased products.
Art. 8: Customer declarations
The client (final consumer and / or professional buyer) declares to be of age and to possess the legal capacity necessary for the signing of a contract having the force of law between the parties, and that the information provided at the time of the order is true, up-to-date, accurate and sufficient for order fulfilment.
The company is not responsible for any side effects caused by intolerances or allergies related to the products sold when these have not been declared by the consumer at the time of purchase.
Art. 9: Product delivery and risks
9.1. Delivery will be made to the address indicated by the buyer. The seller will in no case deliver the products to destinations and / or to recipients other than those indicated at the time of the order, if not agreed with the buyer should the “send to a different address” option have been chosen, and only on the basis of the services offered by the courier to facilitate delivery.
9.2. After payment of the order, the buyer will be informed of the order date and reference code, as well as the shipment code.
9.3. In order to guarantee the best possible service, Azienda Agricola Torneo Giulia undertakes to deliver the purchases according to the time frames indicated in the purchase phase and according to the type of shipment selected:
Shipping times depend on the type of delivery selected during purchase:
- Fast delivery: 3 to 5 working days
- Standard delivery: 6 to 8 working days
Delivery times may vary according to the delivery area of the shipment.
The terms are purely indicative and do not constitute an essential condition or binding term of the contract concluded. In no case therefore can the buyer terminate the contract if delivery takes place on a date other than that indicated in the order confirmation.
9.4. The customer is solely responsible for verifying the delivery address indicated. The company reserves the right to charge the customer for any additional costs due to changes made to the delivery address that have not been promptly communicated.
9.5. If the buyer refuses to receive or, for any reason, does not receive delivery of the product in accordance with the provisions of these general terms and conditions of sale, all risks associated with loss or damage to the products will be at his / her sole expense. In any case, the price paid for the order will not be returned. In case of non-delivery, the company may: a) make delivery by any other means, other than the standard one deemed appropriate;
b) leave the products in storage, with notice to the buyer.
Art. 10: Exclusion of the right of withdrawal
10.1. Any right of withdrawal is excluded, in accordance with the law.
Art. 11: Third party rights
11.1. In the case of sale of products to professional subjects (e.g. restaurants, supermarkets, bars, other non-wholesale retail businesses), the buyer will indemnify the company from any liability, claim and cost that the same will have to bear or sustain as a consequence of any activity that causes a violation or alleged violation of third party intellectual property rights.
11.2. To this end, the company will not be responsible for any eventual infringement of intellectual property rights, copyright, registered design, trademark or other third party rights, caused by the buyer.
11.3. The purchase of products does not imply for the buyer, in any case, transfer by the seller or producers of any right attributable to brands or any other sign or distinctive indication of the product purchased.
Art. 12 Guarantee
12.1. All product descriptions, illustrations, representations, details, dimensions, performance data and any other information available on the site must be understood as general illustrations of the products and do not represent in any way a guarantee or a declaration of conformity of the products to the same.
Art. 13 – Communications
13.1. Any communication or notice in relation to these terms and conditions must be made by signed for delivery letter to: Azienda Agricola Torneo Giulia, via Ardeatine, 40 – 96100 Siracusa (SR)
13.2. The last address or contact provided by the buyer will be the address to which the seller must direct communications required by the Applicable Law relating to legal proceedings, before the election of domicile with the established prosecutor.
13.3. Except that provided for above in relation to the cancellation of consumer orders, such communications or notices (if duly addressed) will be considered received: a) upon receipt of the signed for delivery letter; b) at the time and date of confirmation of receipt and opening of the e-mail by the recipient.
15.1. These general terms and conditions of sale are governed by Legislative Decree 206/2005 relating to the protection of consumers with regard to distance contracts and by Legislative Decree 9.4.2003, no. 70, in implementation of the European Electronic Commerce Directive no. 2001/31/EC, together with any other applicable law and regulation, the “Applicable Law”.
In accordance with the law, for disputes arising in relation to the execution or interpretation of this contract between the company and the final consumer, the Court of the place of residence of the consumer and related mediation bodies will be those that have jurisdiction, as provided for by the Applicable Law. For disputes arising with professional buyers, the Court of Syracuse has jurisdiction.