Terms and Conditions

1. Premises and effectiveness of the general conditions
   • These general conditions of sale (hereinafter, the “General Conditions”) govern the distance selling (hereinafter, the “Contract” or “Contracts”) of products made available via the Internet on the website https://agricoladiniso.it/ (hereinafter, the “Site”) in compliance with the provisions of Legislative Decree no. 206/2005 and subsequent amendments and additions (hereinafter, the “Consumer Code”).
   • The owner of the Site is: Società Semplice Agricola F.lli Di Niso, with registered office in Via Amendola, 17 76011 Bisceglie (BT) – Italy, Tax Code and VAT number: IT 08004120724, email address: info@agricoladiniso.it (hereinafter, the “Seller”).
   • The consumer who accesses the Site to make purchases (hereinafter, the “Customer“) is required, before sending the order, to read these General Conditions made available to him within the Site and which will be available to the Customer at any time also via the acceptance email for each individual order placed, pursuant to the provisions of the following article 4 of these General Conditions.
   • Nell’ipotesi in cui il Cliente richieda l’emissione di fattura e/o comunque non sia qualificabile come “consumatore” o come “utente” ai sensi delle definizioni di cui all’art. 3, comma 1, lett. a), del Codice del Consumo, non troveranno applicazione la disciplina del recesso di cui all’articolo 10 delle presenti Condizioni Generali né, più in generale, le relative disposizioni del Codice del Consumo applicabili unicamente ai “consumatori” ovvero agli “utenti”.
   • Contracts concluded between the Customer and the Seller on the Site are governed by these General Conditions in compliance with applicable Italian law. The official language for the conclusion of the Contract is Italian. In any case, even if the Site is translated into multiple languages, the Italian language will prevail and be authoritative for the purposes of the conclusion of the Contract.

2. Recording and security of communications
   • To make purchases on the Site, the Customer must provide their first and last name or, as applicable, their company name, as well as their email address and shipping address. Additionally, the Customer must read the Privacy Policy and consent to the processing of the data provided to the Seller.
   • The email address provided by the Customer will be used by the Seller for all communications related to the conclusion and execution of the Contract. The Customer accepts the validity of such communications for the purposes of regulating the contractual relationship, undertaking to frequently maintain the aforementioned address for the entire duration of the Contract. In the event that the email address provided by the Customer is unreachable for reasons not attributable to the Seller, the Seller shall not be held liable in any way for any damage and/or lack of communication with the Customer. Transactions carried out via the email address automatically result in the attribution of the transactions conducted and requests made without any exceptions whatsoever.

3. Customer Service – Complaints
   • For any complaints relating to the products on sale on the Site (hereinafter, the “Product” or “Products”), as well as to the delivery and/or shipping methods thereof and, more generally, for any information that may be necessary in relation to one or more Products purchased and/or to be purchased as well as to the services offered within the Site, the Seller has set up, for the benefit of Customers, a dedicated assistance service, which can be consulted by sending a communication to the following email address: info@agricoladiniso.it (hereinafter, the “Customer Service”).
   • The Seller undertakes, in any case, to process the communications received from Customers from time to time without undue delay and, in any case, within 5 (five) working days from the date of receipt of the same.

4. Choosing and ordering products
   • The characteristics and prices of the various Products are shown on the page relating to each Product.
   • To purchase the Products, the Customer must complete and submit the order form electronically, following the instructions on the Site. The Customer must add the Product to the “Cart” and, after having read the General Conditions and the Privacy Policy, confirming their acceptance, must enter the shipping and billing information, select the desired payment method and confirm the order.
   • By submitting an order through the Site, which constitutes a contractual purchase proposal to the Seller, the Customer acknowledges and declares that they have read all the information provided during the purchase process and fully accept these General Conditions, without exception. Upon receipt of the order, the Seller will send the Customer an order acknowledgement message (hereinafter, the “Order Acknowledgement“), which does not constitute acceptance of the purchase proposal. By sending the Order Acknowledgement, the Seller merely confirms that it has correctly received the order and has submitted it to a data verification process and the availability of the requested Products. If only some of the Products ordered are not in stock or otherwise available, the Seller will process the order only for the portion relating to the available Products. If one or more Products are missing, the information relating to the final charge or refund will be contained in the acceptance email referred to in Article 4 below and will vary depending on the payment method used. Only when paying by credit card or PayPal will authorization be requested at the time of ordering for the exact amount. During shipping, however, only the cost of the Products actually shipped will be charged, and any pre-authorized and unused amounts will be released or refunded to the payment method indicated by the Customer, according to the timeframes established by the payment method itself.
   • The Contract between the Seller and the Customer shall be deemed to be concluded upon receipt of confirmation of the order being accepted by the carrier and will only be concluded when the Seller sends an order confirmation email (hereinafter, the “Acceptance“) containing a reference to these General Conditions, the order number, shipping and billing information, the list of Products with their essential characteristics and the total price, including delivery costs. The Customer will check the Acceptance and, if he or she identifies any errors, will have 12 (twelve) hours to contact Customer Service as per the procedures set out in Article 1 of these General Conditions. After this period, the order will be processed for shipment and no changes will be accepted, except for the Customer’s right of withdrawal, as per the procedures set out in Article 10 of these General Conditions.

5. Product Information
   • Information on the availability and characteristics of the Products, their price and estimated delivery times are available, with the relevant Product codes, on the Site.
   • The visual representation of the Products on the Site, where available, generally corresponds to the photographic image accompanying the description of each individual Product. In this regard, the Customer expressly accepts that the shape and colors of the Products, once purchased, may differ from the images on the Site, which are to be considered, in any case, merely illustrative. Consequently, in the event of discrepancies between the image and the Product description, the description on the Product description always prevails, and such differences cannot be considered, in any case, as defects and/or lack of conformity, pursuant to and for the purposes of Article 11 of these General Conditions.

6. Prices and shipping
   • Product prices are expressed in Euros (€), unless otherwise indicated, and include all applicable taxes and duties. Shipping costs are not included, and will be calculated based on individual orders, unless otherwise specifically indicated, and will always be borne by the Customer, unless otherwise indicated or in the cases referred to in Articles 2 and 6.3 below.
   • For shipments made within Italy, shipping is free for orders over €100.00; for orders under this amount, the shipping cost will be indicated during the Product purchase process and, in any case, in the relevant Acceptance sent by the Seller.
   • For shipments made abroad, shipping is free for orders over €299.00; for orders below this amount, the shipping cost will be indicated during the Product purchase phase and, in any case, in the relevant Acceptance sent by the Seller.

7. Payment and billing methods
   • The Customer may purchase the Products by credit card, bank transfer, PayPal, or prepaid cards. The Seller reserves the right to refuse the payment method indicated by the Customer during the purchase process at any time, in which case an alternative payment method may be provided. It is understood that the Customer is solely responsible for the validity and use of the data communicated to the Seller, and the Seller undertakes to keep the payment data communicated by the Customer strictly confidential.
   • To ensure maximum security on the Site, the Customer will complete the transaction directly on the secure server provided by the relevant credit institution or, in any case, on the relevant payment page, which will guarantee market security standards. The Site does not store the Customer’s credit card number or any other information. However, Customers who wish to do so, by selecting the appropriate option on the Site, may proceed with the purchase without having to re-enter their payment details. The website uses SSL protocol to encrypt data transmitted between its server and the Customer’s browser.
   • In the case of payment via PayPal, once the order has been confirmed in the manner described in Article 4 above, the Customer will be redirected to the PayPal site where he or she can make the payment with his or her account or using a card, including a prepaid card, or in any case according to the methods accepted by PayPal in compliance with the relevant terms and conditions.
   • For payment by bank transfer, the Customer must make payment within 2 (two) business days from the date of receipt of the Acceptance, pursuant to Article 4, to the following account:
     Società Semplice Agricola F.lli Di Niso
     IBAN: IT52U0103041361000003504706
     BIC/SWIFT: PASCITM1B93
     Bank: Monte dei Paschi di Siena S.p.A. Reason for payment: The Customer must indicate the date and order number in the reason for payment, which can be found in the Acceptance (e.g., “Order 01/01/14 no. 100012345”).

     In the event of non-payment within the aforementioned deadline, the order will be cancelled and the contents will be made available for purchase again on the Site by new Customers. Customers who have not made the bank transfer may (but the Seller is under no obligation to do so) be contacted by Customer Service to clarify whether the non-payment is due to the Customer’s refusal to confirm the purchase or to other intervening causes.

• If the purchase is made by a Customer who qualifies as a professional, they may request an invoice by selecting the appropriate box and entering their billing information, including their tax code and VAT number, as well as their unique code, where available. In this case, the invoice will be sent via the Italian Revenue Agency system or, where not applicable, by email to the address specified by the Customer. The Customer will be solely responsible for correctly entering their billing information and hereby accepts that, if they fail to request an invoice during the order process, they will not be able to request one at a later time. Likewise, if incorrect billing information is provided, the Seller will not be required to issue a new invoice with a credit note.

8. Transport and delivery of the Products
   • The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure, in the specific “Shipping Address” field.
   • All purchases will be delivered via express courier (hereinafter, the “Courier“). It is understood, and the Customer expressly accepts, that the Seller will not be liable for unforeseeable delays and/or delays not attributable to its conduct and, in any case, for direct and/or indirect damages caused by delays in the delivery of an order and/or by loss and/or damage to the same due to the Courier’s fault. Any complaints regarding loss and/or damage must be made directly to the Courier, in writing, upon delivery.
   • Except in the event of unforeseeable circumstances or force majeure, the Products will be delivered without undue delay and, in any case, within 10 (ten) working days for deliveries to be made in Italy, and 20 (twenty) working days for deliveries to be made in the EU, starting from the day following the day on which the Seller confirmed the order via Acceptance, pursuant to the preceding Article 4.

• Delivery services available in Italy: Telephone notification required.

The service includes two delivery attempts to the shipping address indicated by the Customer when ordering. After each delivery attempt, the carrier will issue a notification of failed delivery. If the second delivery attempt is unsuccessful, the Courier will contact the Customer by telephone at the number provided to arrange a new delivery attempt. If the Customer is unavailable or absent, the goods will be returned to the warehouse and all additional costs will be borne exclusively by the Customer. Additionally, if delivery is not possible for reasons attributable to the Customer, no complaints may be made by the Customer in the event of loss and/or unusability of the purchased Product due to its expiration date and/or storage conditions.

• Delivery services active abroad: Telephone notice required.

Shipments abroad may be made with different couriers depending on the destination country, to ensure the customer receives the best available rate. The provisions of the previous paragraph apply, mutatis mutandis and where possible.

Countries where the service is active: EU

9. Cancelling or changing your shipping address
   • The Customer may cancel or request a change to the shipping address of the order within the deadline indicated in Article 4 above; after this deadline, the order will be processed and it will no longer be possible to guarantee the cancellation or change of the indicated shipping address.
   • The Seller reserves the right, in any case, to cancel the order in the event of unforeseeable difficulties, in the event of unforeseeable circumstances or force majeure and, more generally, for reasons not attributable to it, by informing the Customer without undue delay by email, or, by prior agreement with the Customer, to change the date and time of delivery of the Products or, in the absence of an agreement with the Customer, by refunding the amount paid by the Customer for the purchase of the Products, within 60 (sixty) days from the relevant request.

10. Customer Withdrawal
    • Pursuant to and for the purposes of the provisions of the Consumer Code, the Customer has the right to withdraw without any penalty and without specifying the reason, except in the cases of exclusion provided for in Articles 4 and 10.5 of these General Conditions, within 14 (fourteen) working days from the date of receipt of the Products, by sending at any time a written communication addressed to the Seller, by registered letter with acknowledgement of receipt, bearing the following header:

c.a. Ufficio Resi e Rimborsi
Società Semplice Agricola F.lli Di Niso
Via Amendola, 17 76011 Bisceglie (BT) – Italy

or by email to the following address: info@agricoladiniso.it.

• For the purposes of exercising the right of withdrawal, the Customer will be required to return the Products to the Seller without undue delay, in the same packaging in which they were received, within 14 (fourteen) days from the date of notification to the Seller of the Customer’s intention to withdraw from the Contract. In any case, it is understood that the Customer will not be entitled to a refund if the decrease in value of the Products, in all cases of handling thereof, is equal to or greater than 20% of the overall net weight and/or, in any case, greater than 20% of the volume of the relevant Product.
• Following receipt of the Products and verification of their condition, which is an essential condition for the validity of the withdrawal, also pursuant to the provisions of the previous Article 2 of these General Conditions, the Seller undertakes to refund all payments received from the Customer, without undue delay and in any case within 30 (thirty) days from the date of actual knowledge of the Customer’s intention to withdraw from the Contract, in the manner set out in the aforementioned Article 10.2. The refund referred to in the first sentence will be made using the same payment method used by the Customer for the initial transaction, unless the Customer has expressly communicated otherwise and provided that the Customer does not incur any costs as a result of the refund. In the case of bank transfer or cash on delivery, the Customer will be responsible for providing the bank details for the refund (account holder, name and address of the Bank and IBAN). It is understood, and the Customer expressly accepts, that the Seller will not be required to refund additional costs if the Customer has expressly chosen a more expensive delivery method than the one proposed by the Seller. Furthermore, the Seller cannot be held liable for any delay in refunding due to the Customer’s failure and/or delay in providing the relevant information.
• The right of withdrawal applies to the Product purchased in its entirety; therefore, if the Product is composed of multiple components, it will not be possible to exercise the right of withdrawal with reference to only a part of the purchased Product.
• In addition to the cases set forth in Article 4 of these General Conditions (Customer who is not a consumer and/or who requests an invoice), the right of withdrawal is also excluded, pursuant to the provisions of the exceptions set forth in Article 59 of the Consumer Code, in the cases of (i) Products made to measure or clearly personalized; (ii) Products that are at risk of deterioration or rapid expiration; (iii) Sealed Products that are not suitable for return for hygiene or health protection reasons and have been opened after delivery. In such cases, the Seller will return the Products to the Customer, charging the Customer the related shipping costs.
• With reference to the exclusions set forth in the previous Article 5, the Customer is specifically informed and accepts that Products that “risk deterioration or rapid expiration” include food products, as the intrinsic characteristics and qualities of these types of Products are subject to alteration, including as a result of improper storage. Therefore, for reasons of hygiene and customer protection, the right of withdrawal applies only to Products purchased on the Site, which can be returned to the Seller and put back on the market without any risk to the safety and health of consumers.

11. Warranty for defects of conformity
    • Contracts concluded between the Customer and the Seller, except for the cases of exclusion referred to in Article 4 of these General Conditions, are subject to the legal guarantees provided for by Articles 129, 130, and 132 of the Consumer Code, as well as the provisions relating to sales under the Civil Code. In this regard, the Customer will be entitled, provided that the type of Product allows it, to the restoration, without additional costs, of the conformity of the Product by replacement or to an appropriate price reduction or to a refund of the purchase price through the issuance of a voucher for the same amount, unless the defects of conformity found are minor or replacement of the Product proves impossible or excessively costly. “Minor defects” shall be understood to mean, by way of example and not limited to, any imperfection related to the artisanal manufacturing process of the Product that does not alter the usability/edibility of the Product.
    • In the cases referred to in point 1 above, the Customer is required to (i) keep the original packaging of the Product, including the seal and/or cover and/or lid and/or original closing device and with at least 80% of its contents, (ii) report the defect to the Seller’s Customer Service, in the manner better specified in Article 3.1 above and, in any case, within 2 (two) months, under penalty of forfeiture of the rights referred to in this Article, starting from the date of actual knowledge of the defects of conformity of the Products and explaining, also through the use of images and/or video footage, the non-conformities found. Once the report has been received, the Seller may arrange for a free collection of the Product, if it deems it necessary, in order to verify the actual state of conservation/usability/edibility of the Product, and, in any case, reserving the right to decide whether to proceed with a refund or replacement of the Product.

12. Modification of the General Conditions

• The Seller reserves the right to modify these General Conditions at any time to comply with legal and/or regulatory requirements. The Customer will be subject to the policies and terms of the General Conditions in effect at the time of placing a new order on the Site. If any provision of these General Conditions is deemed invalid, void, or for any reason unenforceable, such provision will not affect the validity and enforceability of the other provisions.

13. Errors and limitations of liability

• Without prejudice to the provisions of Article 2 above, the information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors, for which the Seller shall not be held liable, except in cases of willful misconduct or gross negligence. It is understood, and the Customer expressly accepts, that access to the Site may be occasionally suspended or temporarily limited to allow for necessary maintenance, repairs and/or updates through the insertion of new Products.
• The Seller reserves the right to cancel any orders it deems unreliable and/or unreliable, as well as to request, at its sole discretion, changes to the payment method chosen by the Customer. The Seller also reserves the right to correct any errors, inaccuracies, and/or omissions, even after Acceptance, or to modify or update information at any time and without prior notice, without prejudice to the Customer’s rights under these General Conditions and the Consumer Code.
• Except in the case of willful misconduct or gross negligence, any claim for compensation and/or damages by the Customer in relation to, and any contractual or non-contractual liability of the Seller for direct and/or indirect damages to persons and/or property, caused by the Seller’s failure to accept or fulfill, even partially, an order is excluded. The Seller shall not be liable for any delay and/or breach of the obligations set forth in these General Conditions if the delay or breach arises from unforeseeable circumstances, force majeure, or a cause not attributable to the Seller’s conduct.

14. Intellectual and industrial property

• The Seller owns all intellectual and industrial property rights relating to the distinctive company signs, as well as any content published on the Site.
• All content present or made available through the Site, in the form of text, graphics, logos, icon buttons, images, audio files, digital downloads, data collections, and software, is the exclusive property of the Seller or its content providers and is protected by applicable national and international intellectual property and industrial property laws. It is not permitted to systematically extract and/or reuse parts and/or components and/or sections of the Site without the express written consent of the Seller. Furthermore, the creation and/or publication of any database reproducing substantial parts (e.g., prices and product lists) of the Site without the express written consent of the Seller is prohibited.
• Any distinctive corporate identity present on the Site, including graphic material, logos, page headers, icon buttons, characters, and service marks included or made available to the Customer, are the exclusive property of the Seller. The Seller’s trademarks and distinctive signs may not be used in connection with products or services other than the Seller’s, in a manner that is likely to cause confusion among customers, or in any manner that could disparage or discredit the Seller’s business reputation.

15. Online consumer dispute resolution (ADR and ODR)

• Pursuant to and for the purposes of Article 49, paragraph 1, letter V, of the Consumer Code, the Customer may avail of the joint conciliation procedure. The procedure may be initiated if the Customer, after submitting a complaint to the Seller, has not received a response or has received a response that is not deemed satisfactory by the Customer within 45 (forty-five) working days. The Customer who decides to avail of the joint conciliation procedure must send the relevant request to the email address: conciliazione@consorzionetcomm.it or to the fax number: 02/87181126. For further information, please refer to the following link: http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/LaConciliazione-Paritetica.kl.
• Pursuant to Article 14 of EU Regulation No. 524/2013, the Customer is informed that, in the event of a dispute, he or she may submit a complaint through the European Union’s ODR platform, accessible at the following link: http://ec.europa.eu/consumers/odr/. The ODR platform provides a gateway for users wishing to resolve disputes arising from online sales or service contracts out of court.

16. Applicable law and competent court

• Except as provided for by mandatory Community law, the Contract between the Customer and the Seller is governed by Italian law. All disputes arising in relation to the interpretation, execution, fulfillment, termination and validity of these General Conditions or the Contract, if the Customer is a consumer pursuant to the Consumer Code, will be referred to the exclusive jurisdiction of the Court of the municipality of residence or domicile of the latter, if located in Italian territory; in all other cases, the Court of

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Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the provisions of points: 1.4 (exclusion of Customer withdrawal); 2.2 (limitation of Seller’s liability); 5.2 (exclusion of warranty for defects of conformity); 7.1 (Customer liability); 8.2 (limitation of Seller’s liability); 10.2 (exclusion of Customer withdrawal); 10.3 (limitation of Seller’s liability); 10.4 (exclusion of the right of partial withdrawal); 10.5 (exclusion of Customer withdrawal); 11.1 (limitation of the Customer’s ability to raise objections); 13 (errors and limitations of liability); 16 (applicable law and competent court).