The User who uses the e-commerce Services offered by www.casamorana.it (referred to as “www.casamorana.it” or “Site”) declares that he/she has read and accepts these Terms and Conditions (referred to as the “Conditions”), which are those in force on the date of compilation of this document and which may be subject to change without prior notice at the sole discretion of the owner of the site, who accepts no responsibility for any suspension of the Services due to any cause, even if attributable to the owner.
These Conditions must be reviewed and saved by the User before completing the purchase procedure for one or more Services. The submission of the purchase order confirmation for the Service, therefore, implies full knowledge of them and their full acceptance. The User is therefore requested to save or print out these contractual clauses.
1 – Definitions
In order to allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, shall have the meanings indicated below:
- Owner/Owner: Agr. Ortobarocco, with registered office in Via tasca 7, 97018 Scicli (RG), C.F./P.IVA: 01469810889, share capital: 10,000.00 Euro as per last deposited balance sheet, REA RG number – 121977, e-mail address info@casamorana.it, pec address: amministrazioneortobaroccosrl@pec.coldiretti.it
- Application: e -commerce at www.casamorana.it
- Products: the goods and/or services offered through the application.
- Consumer user: the natural person over 18 years of age and or legal person who concludes an e -commerce for their own needs.
- Conditions: this contract governing the relationship between the holder and users and the sale or supply of the products offered by the holder through the application
2 – details of the casamorana.co.uk e-commerce application
The casamorana.it e-commerce application provides users with the opportunity to purchase traditional Sicilian preserves, marketed by the site’s owners. The preserves are tomato-based and the details of these are specified in the sheets that can be consulted before and during the purchase phase.
3 – scope of the conditions
Use of the application implies acceptance of the conditions by the user. If the user does not intend to accept the conditions and/or any other note, legal notice, information published or referred to therein, the user may not use the application or its services. The conditions may be modified at any time, in any case, the applicable conditions are those in force on the date of transmission of the purchase order or request for supply of a product. Before using the application, the user must read the conditions carefully and save or print them for future reference.
The owner reserves the right to change at its own discretion, at any time, even after the user’s registration, the graphic interface of the application, the contents and their organisation, as well as any other aspect that characterises the functionality and management of the application, communicating to the user, where necessary, the relevant instructions.
4 – Registration
In order to be able to use certain functions of the Application, Users must register by providing, truthfully and completely, all the data requested in the relevant registration form and fully accept the privacy policy (https://lnx.casamorana.it/wp/privacy-policy) and these Conditions. The User is responsible for safeguarding his or her access credentials.
It is understood that in no case may the Owner be held liable in the event of loss, diffusion, theft or unauthorised use by third parties, for any reason whatsoever, of Users’ access credentials.
5 – Account cancellation and termination
Registered Users may stop using the Products at any time and deactivate their accounts or request their cancellation via the Application’s interface, if possible, or by sending a written notice to amministrazione@casamorana.it.
The Owner reserves the right to suspend or close the User’s account at any time and without prior notice in the event of a breach by the User of these Terms or of the applicable legal provisions.
6 – purchase or supply request via e-commerce
All products offered via e-commerce are described in detail on the relevant product pages (characteristics, quality, availability, price, delivery times and costs, accessory charges, etc.). There may be some errors, inaccuracies or small differences between what is published on the application and the actual product. Furthermore, any product photographs are only representative and do not constitute a contractual element.
Purchases and or requests for the supply of one or more products via e-commerce are permitted both to users who have the status of Consumers and to users who do not have this status.
Pursuant to Article 3, Paragraph I, lett. a) of Legislative Decree 206/2005 (“Consumer Code”), please note that natural persons who, in relation to the purchase of Products, are acting for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out, are considered Consumers.
Natural persons are allowed to make purchases only on condition that they are of legal age. For minors, any purchase of one or more products via the application must be screened and authorised by their parents or those exercising parental responsibility.
The offer of products via the application constitutes an invitation to purchase and the order sent by the user shall be deemed a contractual proposal to purchase and/or request for supply, subject to confirmation and/or acceptance by the holder as described below. Accordingly, the holder shall have the right, at its own unquestionable discretion, to accept or reject the user’s order without the user being able to object or complain of anything for any reason whatsoever.
The User expressly grants the Controller the right to accept even only part of the order placed (for example, in the event that not all the Products ordered are available). In this case the contract shall be deemed to have been concluded in respect of the Products actually sold.
The Holder reserves the right to refuse an order:
- when the Product is unavailable
- when authorisation to charge the User for the Product is denied
- when an obviously incorrect price is indicated at the time of purchase and recognisable as such. In this case, the User will be contacted by Customer Service to be informed and will receive a refund for the transaction made.
The contract of sale or supply of the product is concluded with the acceptance by the holder of the user’s proposal. The holder shall accept the user’s proposal by sending an order confirmation to the e-mail address indicated by the user or by displaying an order confirmation web page, which shall contain the order date, the user’s data, the characteristics and availability of the product, the price and/or the method of calculating the price, any additional charges and taxes, the delivery address, the delivery time and any delivery costs, and the procedures for the right of withdrawal or its possible exclusion.
Upon receipt of the product, the user is obliged to check the conformity with the order placed as well as the integrity of the packaging. In the event of obvious damage to the packaging and/or the product, the user may refuse delivery of the product. Once the delivery document has been signed, the user may not object to the external characteristics of the delivered products.
The holder shall not be liable to any party or third party for damages, losses and costs incurred as a result of non-performance of the contract due to force majeure.
7 – Conformity Warranty for Material Products
The Legal Guarantee of Conformity is provided for in the Consumer Code, Articles 128-135, and establishes the seller’s liability for conformity defects of goods sold in its shops.
I – Application with respect to private customers
The Legal Guarantee under the Consumer Code is reserved for private customers; purchases made with an invoice and VAT number by professionals and companies are excluded from the application of the Legal Guarantee.
II – When it applies
The Legal Warranty applies with respect to all products that present a conformity defect existing at the time of delivery The conformity defect must be reported to the seller within 2 months from the date of discovery of the defect. The complaint need not be made if the seller has acknowledged the existence of the defect or concealed it.
Unless proven otherwise, conformity defects that become apparent within six months after delivery of the goods are presumed to have already existed on that date, unless such a presumption is incompatible with the nature of the goods or the nature of the conformity defect.
The consumer must therefore carefully keep the purchase receipt and the delivery documentation that will be used as proof of the date of purchase of the product.
III – What is meant by a lack of conformity
A “lack of conformity” occurs when the purchased good(s)
(a) are not fit for the use for which goods of the same kind are normally used
(b) do not conform to the description made by the seller and do not possess the qualities of the goods which the seller has presented to the consumer as a sample or model
(c) they do not have the quality and performance which are normal in goods of the same type and which the consumer may reasonably expect, taking into account the nature of the goods and, where appropriate, any public statements on the specific characteristics of the goods made about them by the seller, the producer or his agent or representative, particularly in advertising or on labelling
(d) are not fit for the particular purpose intended by the consumer if brought to the seller’s attention at the time of purchase.
IV – Consumer remedies and rights
In the event of a lack of conformity, duly notified in due time, the consumer has the right
– in the primary way, to the repair or replacement of the product, unless the remedy itself is objectively impossible or excessively expensive compared to the other;
– as a secondary remedy (where the first two remedies are impossible or excessively burdensome, or have not been effected within a reasonable time, or where repairs or replacements previously effected have caused you considerable inconvenience which has been duly proved), a reduction of the price or rescission of the contract.
The remedy requested is to be considered excessively onerous if it imposes unreasonable expenses on the seller in comparison with the alternatives, taking into account the value that the goods would have if there were no lack of conformity, the extent of the lack of conformity, the possibility that the remedy can be carried out without considerable inconvenience to the consumer.
V – What to do in case of lack of conformity
(i) The consumer shall contact the proprietor by e-mail at info@casamorana.it reporting the defect and indicating the date of delivery of the product.
(ii) The consumer will then be contacted by the proprietor who will collect the product to check whether for some reason the Legal Warranty cannot be applied (e.g. more than two years have passed since the date of purchase, the product shows damage and/or anomalies that have been caused by the consumer and are not the result of a conformity defect). In the event of a conformity defect, the consumer shall be entitled to its replacement with an equivalent product (if available), unless the remedy itself is objectively impossible or excessively onerous compared to the other.
8 – Prices and payments
The Holder reserves the right to change the price of the Products at any time. It is understood that any changes will in no case affect contracts already concluded prior to the change.
The sale prices of the Products are not exempt from VAT; any other possible tax to be paid by the User will be indicated before the purchase is confirmed.
The User undertakes to pay the price of the Product purchased in the time and manner indicated in the Application and to communicate all the data necessary to make the correct supply of the Products possible.
Any eventual reimbursement to the User will be credited promptly through one of the methods proposed by the Owner and chosen by the User, even in the event of exercising the right of withdrawal.
The Application uses third-party tools to process payments and does not in any way come into contact with the payment data provided (credit card numbers, holders’ names, passwords, etc.).
Should such third-party instruments deny authorisation for payment, the Holder shall not be able to supply the Products and shall not be liable for any delay or non-delivery.
9 – Invoicing
The User who wishes to receive an invoice will be asked for his billing information. Invoices shall be issued on the basis of the information provided by the User, which the User declares and guarantees to be true, releasing the Controller in full indemnity in this regard.
10 – Method of execution for the purchase of the Products
The Controller will provide the Products to the User, in the manner and within the term chosen by the latter or indicated on the Application or in the order confirmation.
11 – Right of withdrawal and cancellation of purchase order
If the User does not wish to finalise payment for the purchase, the purchase will be cancelled.
If the provision of the service has become impossible (product out of stock), the User may request to cancel the order, or the Holder may propose a solution for the User’s needs.
If the User has purchased a product that is no longer wanted, he/she must send written notice to amministrazione@casamorana.it or on the Site chat, including the identification details necessary to identify the purchase.
The Owner will do everything in its power to find the most suitable solution to the User’s needs. If this is not possible, the User shall communicate by free communication, that is, by registered letter, e-mail, Site chat, etc., the wish to withdraw from the contract. The User may use the withdrawal form. The User shall in any case have 14 days from delivery to communicate the intention to withdraw and 14 days from the communication to send back the goods.
If the purchase order is not already in transit (shipped) and if the user has already paid for the purchase, the user may request a refund which will be credited promptly, and within 14 days of the return of the goods, by one of the methods proposed by the Owner and chosen by the user (exercise of the right of withdrawal)
If the User decides to withdraw within the aforementioned terms, the Controller shall refund all payments received from the User without undue delay from the date on which the User informed the Controller of his intention to withdraw from the contract.
12 – Exclusion and right of withdrawal for perishable goods
Among the exclusions to the right of withdrawal, it is specified that Article 59 of the Consumer Code excludes withdrawal for products that are liable to deteriorate and expire rapidly, and that for hygienic reasons cannot be returned once opened.
13 – Exclusion and right of withdrawal of non-consumers
The non-consumer user is not recognised as having the right to withdraw from the contract of sale or supply of products. The user expressly acknowledges that the indication of a VAT number in the order automatically qualifies him as a non-consumer user for whom the right of withdrawal is not provided.
14 – Lost shipments, breakages and returns
The consumer shall contact the Controller by e-mail at the e-mail address (info@casamorana.it), reporting the problem and indicating the date of possible delivery of the product itself. In the event of breakage of the product delivered, which occurs during shipment, the customer who notices it on delivery shall promptly and within 24 hours of receipt of the parcel report the incident by sending an e-mail to info@casamorana.it, accompanied by photos as proof of the fact. The consumer will then be contacted by the Owner who will come to an agreement with the customer regarding the problem encountered.
We do not accept returns, unless there is a right of withdrawal, for orders that have already been delivered and for which there is no formal defect.
15 – Wai
No waiver by either party of any article of these conditions shall be effective unless it is expressly stated to be a waiver and is communicated in writing.
16 – Invalidity of individual provisions
Should any provision of these Conditions be unlawful or invalid, it shall not be deemed to be part of the conditions and this shall not affect the remaining provisions, which shall continue to be valid to the fullest extent permitted by law.
17 – Privacy
Personal data shall be protected and processed in accordance with the Privacy Policy, which can be consulted at https://lnx.casamorana.it/wp/privacy-policy.
18 – Applicable law and place of jurisdiction
These Conditions and all disputes relating to their execution, interpretation and validity shall be subject to Italian law and to the exclusive jurisdiction of the court of the place where the Controller is based.
Should the User be a consumer pursuant to Article 3 of the Consumer Code, the mandatory territorial jurisdiction shall be that of the judge of the place of residence or domicile of the consumer, if located in the territory of the Italian State, without prejudice to the User-consumer’s right to bring the case before a judge other than the “consumer court” pursuant to Article 66 bis of the Consumer Code, with territorial jurisdiction according to one of the criteria set out in Articles 18, 19 and 20 of the Italian Code of Civil Procedure.
19 – Online Dispute Resolution for Consumers
The Consumer residing in Europe should be aware that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer to settle out of court any disputes relating to and/or arising from contracts for the sale of goods and services concluded online. Accordingly, the Consumer may use this platform for the resolution of any dispute arising from the online contract concluded with the Holder. The platform is available at the following address:https://ec.europa.eu/consumers/odr/