TERMS & CONDITIONS

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OVERVIEW

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The following general conditions govern the online purchase of products through the website www.feudidisangiuliano.com whose owner is SOCIETA' AGRICOLA MAZZAPORRO DUCHESSA S.S. – Via XI Maggio 56 – 91025 MARSALA (TP) – ITALIA, hereinafter referred to as FEUDI DI SAN GIULIANO, registered brand by Società Agircola Mazzaporro Duchessa S.S..
Each purchase transaction will also be governed by provisions set forth in the Legislative Decree n. 206/2005, whereas the customers personal data (privacy policy) will be processed in compliance with the provisions set out in the Legislative Decree 196/03 and Regulation (EU) 2016/679 of 27 April 2016.
 
The following general conditions of sale apply from the 1st February 2020, but FEUDI DI SAN GIULIANO is entitled to update or modify them at any time with no previous notice. The updates will be valid from the date of the publication on the website www.feudidisangiuliano.com. Customers must read carefully these general terms and conditions every time they are updated and if the customers think it is advisable they should print and keep them.
 
“Distance contract” means any contract concerning goods or services concluded between a supplier and a consumer under an organized distance sales or service-provision scheme run by the supplier, who, for the purpose of the contract, makes exclusive use of one or more means of distance communication up to and including the moment at which the contract is concluded.
 
“Consumer” means any natural person who is acting for purposes which are outside his trade, business or profession.

 

Art. 1: ACCEPTANCE OF GENERAL TERMS AND CONDITIONS OF SALE

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1.1 The conditions set out in the introduction are an essential part of this contract.

1.2 All contracts will be concluded directly through access by the Customer (businesses and individuals) to the Internet site www.feudidisangiuliano.com. Only now, the customer can purchase the desired product by carefully following the instructions and procedures provided.

1.3 These general conditions of sale must be examined by the customer before completing the purchase procedure. The submission of the order therefore implies full knowledge of these conditions and their full acceptance.

1.4 Customers, by submitting electronically the confirmation of their purchase order, unconditionally accept in his dealings with FEUDI DI SAN GIULIANO, the general conditions and payment terms hereunder reported, declaring that they have read and accepted all indications provided in accordance with the law aforementioned to the d rules, also acknowledging that FEUDI DI SAN GIULIANO does not consider itself bound to different conditions unless previously agreed in writing.

 

Art. 2: PRICE OF GOODS AND METHODS OF PURCHASE

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2.1 All the prices of the products displayed and indicated on the website www.feudidisangiuliano.com are inclusive of VAT and any other tax and they constitute an offer to the public according to art. 1336 Italian Civil Code.

2.2 The cost of shipping is borne by the customer, unless otherwise specified. This cost will, in any case, be made known to the customer before confirming the purchase.

2.3 The contract of sale is concluded when the customer registers and fills in the correct data and accepts the order placed.

2.4 The customer can pay for the goods ordered using the payment methods specified on the website at the time of purchase.

2.5 The prices of the different types of transport refer to the weight, the size and the delivery destination of the purchased goods.

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Art. 3: DELIVERY METHODS

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3.1 FEUDI DI SAN GIULIANO will deliver via carrier the purchased goods to the customer at the address written at the time of the purchase according to article n.2.

3.2 The purchased goods will be delivered to Consumers in accordance with the terms provided of art. 61 Legislative Decree 206/05. The supplier shall not be held liable for any delays in delivery or failure to perform due to force majeure or unforeseeable circumstances. In detail: after checking stock availability, FEUDI DI SAN GIULIANO will process the order to the address indicated on the form. Some products may require additional days to process the order. Average delivery times within the Italian territory, after shipment, require from 3 to 5 working days (excluding weekends and holidays). For foreign countries, average delivery times may vary from a minimum of 3 up to 10 working days from the time of shipment.

3.3 Upon delivery of the goods, the customer must check that the packages are undamaged and that the number of goods corresponds with what is written in the Goods Received Note and the order placed. In case of damaged products or products with defects, the customer must report on the Goods Received Note within seven days by registered letter or via certified email at the following address info@feudidisangiuliano.com. Even if the packaging is intact, any defects must be verified within seven days from delivery by certified email or registered letter with return receipt. For any declaration, the customer holds full responsibility for what has been declared.

3.4 Unless otherwise agreed in writing between the parties, the purchased goods will be delivered on the ground floor and at the time set by the carriers every working days from Monday to Friday.

3.5 The customer commits himself to be available in order to avoid any additional charges for non-delivery by the carrier. Additional costs will be charged on the customer.

3.6 FEUDI DI SAN GIULIANO is not responsible for any damage caused to the products by the carrier.

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Art. 4: PRODUCT AVAILABILITY

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The customer can only purchase the products currently present in the e-catalogue of FEUDI DI SAN GIULIANO visible online at www.feudidisangiuliano.com. If the product is no longer available after the order has been placed, the customer will be promptly informed by email or telephone and the order will be corrected with the elimination of the unavailable item. If the customer requests the cancellation of the order, FEUDI DI SAN GIULIANO will refund the amount paid within 14 (fourteen) days from the order cancellation.

 

Art. 5: LIABILITY

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5.1 FEUDI DI SAN GIULIANO shall have no liability for any disruption due to force majeure such as accidents, explosions, fires, strikes, lockouts, earthquakes, floods and other similar events that prevented delivery, in whole or in part, within the times agreed by contract.

5.2 FEUDI DI SAN GIULIANO will not be liable to any party or third parties for damages, losses and costs incurred as a result of failure to perform the contract for the above mentioned reasons, being the customer entitled only to being refunded of the price paid.

5.3 FEUDI DI SAN GIULIANO is not responsible for any fraudulent and illegal use of credit cards, checks and other means of payment that may be made by third parties at the time of payment for the products purchased. Payment is made via a secured server to ensure total security of the transaction and is managed directly by the bank. FEUDI DI SAN GIULIANO has no access, at any time, to the credit card information of the customer.

 

Art. 6: GUARANTEES AND ASSISTANCE

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INTRODUCTION

The quality of FEUDI DI SAN GIULIANO products ranks at the top of their categories and storage and shipping methods have been designed to ensure their preservation over time. The goods may differ according to production year as a natural product is subject to changing weather conditions.

6.1 FEUDI DI SAN GIULIANO is the only and exclusive supplier of the site www.feudidisangiuliano.com.

 

Art. 7: OBLIGATIONS OF THE CUSTOMER

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7.1 The customer agrees and undertakes, once the online purchase procedure is concluded, to print and keep these general conditions, which, moreover, will have already viewed and accepted as a mandatory step in the purchase, as well as the product specifications, and this in order to fully satisfy the provisions of art. 3 and 4 of Legislative Decree 206/05.

7.2 These general conditions can be updated or modified at any time by FEUDI DI SAN GIULIANO who will communicate them through its website. The customer undertakes and commits him/herself, whenever there is a change of these general conditions, to print and keep them.

7.3 It is strictly forbidden the customer to enter false or invented data, in the registration procedure necessary to start this contract and further communications; the personal data and e-mail must be exclusively their real personal data and not of third parties, or fantasy.

7.4 It is expressly forbidden to make double registrations corresponding to a single person or to enter data of third parties. FEUDI DI SAN GIULIANO reserves the right to legally prosecute any violation and abuse, in the interest and for the protection of all consumers.

7.5 The Customer relieves FEUDI DI SAN GIULIANO from any liabilities arising from the issue of incorrect tax documents due to mistaken data provided by the Customer himself, he is the only responsible for the correct entry of the data.

 

Art. 8: RIGHT OF WITHDRAWAL

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8.1 According to articles 52 and following of Legislative Decree 206/05, if the user is a Customer, he has the right to withdraw from the contract without penalty and without specifying the reason, within 14 (fourteen) days from the date of receipt of the goods purchased. Only goods that are in perfect condition and still sealed may be subject to withdrawal. According to art. 59, co.1, lett. e) of Legislative Decree 206/05, food products that are in packages that are not sealed or damaged cannot be reimbursed in any way.

8.2 If the Customer decides to exercise the right of withdrawal, he must notify FEUDI DI SAN GIULIANO by registered letter with return receipt or via certified email to the following address: SOCIETA' AGRICOLA MAZZAPORRO DUCHESSA S.S. – Via XI Maggio 56 – 91025 MARSALA (TP) – ITALIA – info@feudidisangiuliano.com. FEUDI DI SAN GIULIANO will refund the entire amount paid by the Customer using the same means of payment used by the Customer for the purchase unless expressly agreed otherwise and on condition that the supplier does not incur any additional costs.

8.3 The customer who exercises the right of withdrawal is required to return the goods received, by means of a trusted carrier of FEUDI DI SAN GIULIANO, without undue delay and in any case within fourteen days from the date in which he communicated the supplier his decision to withdraw from the contract. All costs of returning the products are borne by the customer. All items must be received in the same conditions of receipt, packed in their original wrapping. It is not allowed to return open goods and in ways other than those indicated. The returned products must be accompanied by a copy of the electronic order receipt.

8.4 FEUDI DI SAN GIULIANO will accept the returned goods, if the products are intact and in their original packaging; after the necessary checks, FEUDI DI SAN GIULIANO will refund the amount paid by the customer.

8.5 According to art. 59 of Legislative Decree 206/05 the consumer may not exercise the right of withdrawal in respect of contracts for the supply of goods made to the consumer’s specifications or clearly personalized or which, by reason of their nature, cannot be returned or are liable to deteriorate or expire rapidly. The right of withdrawal applies to the whole product purchased and not only to a part of it.

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Art. 9: AUTHORIZATIONS

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9.1 By filling in the form provided on the website, the Customer authorizes FEUDI DI SAN GIULIANO to use his/her credit card, or any other card newly issued, and charge the total amount of the online purchase to his/her current account in favour of FEUDI DI SAN GIULIANO. All the procedure is done through a secure connection server directly connected to the bank or manager of the PayPal online payment service, which FEUDI DI SAN GIULIANO cannot access.

9.2 If the consumer were to exercise the right of withdrawal, as set out in the general conditions point 8, the amount will be refunded through the same method of payment used at the time of the purchase.

 

Art. 10: CONTRACT RESOLUTION AND EXPRESS TERMINATION CLAUSE

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10.1 FEUDI DI SAN GIULIANO has the right to withdraw from the contract simply by communicating it to the customer; in this case the customer will only be entitled to the refund of any sum already paid.

10.2 The customer’s obligations according to art. 7 (Obligations of the customer), as well as the successful payment of the purchased goods, are essential. Therefore, by express agreement, the non-fulfillment by the Customer of any one of the obligations will terminate the contract according to art. 1456 Italian Civil Code, without the need for judicial ruling, without prejudice to the right of FEUDI DI SAN GIULIANO to take legal action for compensation for damages.

10.3 FEUDI DI SAN GIULIANO has great respect for the privacy of its customers. Therefore, it will use the data exclusively for the management of orders, shipments and product information communications. In compliance with the Italian Legislative Decree 196/03 and Regulation (EU) 2016/679 regarding the protection of personal data, all information relating to personal data, orders and payments are strictly confidential. All details relating to the processing of personal data according to Italian legislation are available on the website www.garanteprivacy.it

 

Art. 11: JURISDICTION AND APPLICABLE LAW

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11.1 Any dispute relating to the performance, interpretation and violation of online sale contracts through the website www.feudidisangiuliano.com is ruled by Italian law and subject to Italian jurisdiction; these general conditions refer, although not expressly provided therein, to the provisions of Legislative Decree n. 50 dated 15 January 1992 and of Legislative Decree 206/05.

11.2 Without prejudice to consumers’ rights, the Court of Palermo will have exclusive jurisdiction over any dispute regarding this contract.

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What to do when the product is delivered:
When the carrier delivers the goods, you have to:

• 1) check that the package is not either damaged or wet, and in any case it has to have the standard features of a package;

• 2) check that the number of packages indicated on the invoice corresponds to the number of packages actually delivered.

 
Any complains must be immediately raised to the carrier, otherwise the product is considered delivered correctly.
 

What to do in the event of damage due to TRANSPORT:

If the packaging is visibly damaged when unloading the goods, you must express a written reservation on the transport document (or delivery note) and refuse to accept the damaged goods.

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Methods of payment:

FEUDI DI SAN GIULIANO accepts the following forms of payment: Bank Transfer, PayPal, Credit Cards (through Wix payments).

Paypal and Credit Cards Payments: The customer pays through Paypal website directly.

NB:
 The purchaser must be the account holder of the PayPal. A landline or mobile phone number must be provided. The items will be shipped to the address of the buyer.
 

Payments with Bank Transfer:
Account in the name of: SOCIETA' AGRICOLA MAZZAPORRO DUCHESSA S.S. – Via XI Maggio 56 – 91025 MARSALA (TP) – ITALIA.

Name: SOCIETA' AGRICOLA MAZZAPORRO DUCHESSA SS

Bank Name: CREDIT AGRICOLE Friuladria S.p.a.

IBAN:  IT 62 T 05336 63900 0000 30610626 - BIC:  BPPNIT2P063

If payment is made by bank transfer, the goods will be shipped only after the bank transfer has been received. Usually it takes 3 to 5 working days from the moment the customer places the payment. The bank transfer must specify: the order number and the customer’s name and surname. If payment is not made within 8 days from the time the customer placed the order, the order will be cancelled.