Terms and Conditions
1. PREMISE
These general conditions of sale govern the obligations arising from the contractual relationships between the company Duca Carlo Guarini s.s. agricola (hereinafter also Duca Carlo Guarini) and the customer user.
The products purchased on www.ducacarloguarini.it are sold directly by the Duca Carlo Guarini s.s. agricola, registered in the Business Register of Lecce, C.F. and VAT number 03414690754, with registered office in Scorrano (Le), Largo Frisari 1.
By submitting the order form, the user confirms that they are aware of and accepts these General Conditions of Sale and the additional information contained in www.ducacarloguarini.it, including the Privacy Policy and the Cookie Policy.
For anything not expressly provided for in these general conditions, please refer to the civil law on sale (articles 1470 and following of the Italian Civil Code).
The Duca Carlo Guarini does not recognize any conditions in derogation of the Customer, unless it has been expressly accepted in writing.
2. OBJECT OF THE CONTRACT
By accepting these conditions of sale, the customer signs a sales contract pursuant to Articles 1470 and ss. cc with Duca Carlo Guarini for the purchase of the goods ordered and expressly requested. The signing of the contract takes place by completing the order form, to be considered an integral part of it.
Once the contract is concluded, Duca Carlo Guarini will send by e-mail to the user a receipt of the purchase order received, containing a summary of the information contained in the order form.
3. LIABILITY AND WARRANTIES
Duca Carlo Guarini provides the necessary guarantee of conformity and declares under its own responsibility that the object displayed in the advertisement corresponds to the one materially put up for sale and delivered to the carrier for the purpose of delivery.
Duca Carlo Guarini excludes its responsibility for links to third party websites (possibly accessible from www.ducacarloguarini.it) on whose content it has no influence.
4. PAYMENT METHODS
The customer can pay for the order by credit card, PayPal or bank transfer.
CREDIT CARD
Visa or Mastercard circuits. To ensure maximum security, the Customer will make the payment directly on the secure server of GestPay – Gruppo Banca Sella. The web website does not store the Customer’s credit card number which is managed directly by GestPay.
PAYPAL
The customer can pay for the order via PayPal website, using their own account or a card, also a prepaid one, or any mode accepted by PayPal respecting the terms and conditions.
BANK TRANSFER
The Customer must make the transfer within 3 days of the order date. If payment does not occur within 3 days, the order will be canceled and the goods made available again for purchase by other customers.
Data for the transfer: Account in the name of Azienda Agraria Duca Carlo Guarini s.s agricola:
Banl: Banca Sella
Branch code: Filiale di Lecce
IBAN: IT58K0326816000052728664210
5. PRODUCTS PRICES
The prices of the products indicated in the various sections of www.ducacarloguarini.it include VAT. The prices applied are those indicated on the website at the time of the order. The prices of the requested products are indicated and approved by the user at the time the order is sent. The selection of a product determines the acceptance of the relative price. The prices of individual products are subject to change without notice.
The purchased products including shipping costs, must be paid by the customer exclusively through the methods available on the website.
6. CONTRACT CLOSING
To conclude the purchase contract for the products selected on www.ducacarloguarini.it, the user must complete the order form in electronic format following the procedure proposed by the website and accept these conditions.
The order form provides a summary of information on the characteristics and price of each product ordered, the payment methods chosen by the User and the delivery terms of the products purchased, as well as shipping costs.
The Customer’s order (once the “buy” button has been clicked) is a legally binding offer to Duca Carlo Guarini for the stipulation of the sales contract. The conclusion of the contract is subject to suspension on receipt, by the Duca Carlo Guarini s.s agricultural company, of the payment of the order, after verifying the correctness of the data communicated.
Each order form will be filed electronically in our database for the period of time necessary to process the orders and in any case in accordance with the law.
The offers of Duca Carlo Guarini on the pages of the online store are to be understood as without obligation and non-binding: if the products presented on www.ducacarloguarini.it are no longer available at the time of sending the order form, it will be the responsibility of the company Duca Carlo Guarini ss agricola communicate to the user, within thirty (30) days from the day following the day in which the customer has sent his order, any unavailability of the products ordered by suggesting alternative products. The Customer has the right to modify the suggested order or request a full refund of the amount paid.
7. CARRIER
For all shipments, Duca Carlo Guarini s.s agricultural company has decided to rely on the speed of the express courier.
It must be specified that Duca Carlo Guarini is not responsible for the execution of the transport but exclusively for the execution of the stipulated contract. Any liability of Duca Carlo Guarini s.s agricola is expressly excluded for direct or indirect damages of any nature that users or any third parties may suffer as a result of facts arising from transport or in any case not directly attributable to the fulfillment of the stipulated contract. For the same reasons, Duca Carlo Guarini does not guarantee compliance with the delivery terms (depending on the carrier) and cannot be held responsible for delays in pick-up, transport or delivery, which remain the sole responsibility of the carrier in charge.
8. PACKAGING
The Duca Carlo Guarini s.s agricola uses safe, anti-fall packaging. The packages are provided and accepted by our express courier.
9. SHIPPING COST
The shipment of the purchased products is available in these countries:
AUSTRIA, BELGIUM, BULGARIA, CROATIA, DENMARK, ESTONIA, FINLAND, FRANCE, GERMANY, GREAT BRITAIN, GREECE, IRELAND, ITALY, LATVIA, LITHUANIA, LUXEMBOURG, HOLLAND, POLAND, PORTUGAL, PRINCIPALITY OF MONACO, CZECH REPUBLIC, SLOVAKIA, SLOVENIA, SPAIN, SWEDEN, HUNGARY.
Shipping to Italy
Free shipping for orders over € 50.00.
Orders under € 50:
– Standard shipping in Italy at a cost of € 12.00.
With the exceptions relating to:
-Standard shipping in Livigno at a cost of € 15.00.
-Standard shipping to Venice and its province at a cost of € 15.00.
-Standard shipping in Sicily and Sardinia at a cost of € 16.00.
Shipping Zone 1
AUSTRIA, BELGIUM, FRANCE, PRINCIPALITY OF MONACO, GERMANY, LUXEMBOURG, NETHERLANDS.
-Weight equal to or less than 7kg: € 30.00
-Weight from 7.1kg – 15kg: € 35.00
-Weight from 15.1kg – 20kg: € 43.00
-Weight from 20.1kg – 30kg: € 50.00
-Weight from 30.1kg – 40kg: € 60.00
-Weight from 40.1kg – 50kg: € 65.00
-Weight over 50.1kg: € 70.00
Shipping Zone 2
GREAT BRITAIN, SPAIN.
-Weight equal to or less than 7kg: € 32.00
-Weight from 7.1kg – 15kg: € 37.00
-Weight from 15.1kg – 20kg: € 45.00
-Weight from 20.1kg – 30kg: € 53.00
-Weight from 30.1kg – 40kg: € 65.00
-Weight from 40.1kg – 50kg: € 70.00
-Weight over 50.1kg: € 75.00
Shipping Zone 3
CROATIA, DENMARK, FINLAND, GREECE, IRELAND, PORTUGAL, SWEDEN.
-Weight equal to or less than 7kg: € 35.00
-Weight from 7.1kg – 15kg: € 40.00
-Weight from 15.1kg – 20kg: € 47.00
-Weight from 20.1kg – 30kg: € 55.00
-Weight from 30.1kg – 40kg: € 65.00
-Weight from 40.1kg – 50kg: € 73.00
-Weight over 50.1kg: € 78.00
Shipping Zone 4
CROATIA, DENMARK, FINLAND, GREECE, IRELAND, PORTUGAL, SWEDEN.
-Weight equal to or less than 7kg: € 36.00
-Weight from 7.1kg – 15kg: € 42.00
-Weight from 15.1kg – 20kg: € 48.00
-Weight from 20.1kg – 30kg: € 56.00
-Weight from 30.1kg – 40kg: € 68.00
-Weight from 40.1kg – 50kg: € 75.00
-Weight over 50.1kg: € 80.00
11. PRECONTRACTUAL INFORMATION REGARDING WITHDRAWAL IN CASES IN WHICH THE USER IS A CONSUMER (Article 49 of the Consumer Code)
As established by the Consumer Code, the consumer has 14 days, starting from the day on which the consumer takes possession of the product (without counting it) and expiring on the 14th day following (which instead must be counted), to withdraw from the sale concluded through e-commerce, without the need to specify the reasons for withdrawal and without penalties, as established by art. 54 of Legislative Decree n. 206/2005.
This right of withdrawal pursuant to law is applicable only to the consumer, that is to the physical person who purchases for purposes not attributable to his commercial or professional activity: it must be specified that where the user purchases with VAT, the same cannot be considered a consumer and consequently the legislation referred to in Legislative Decree n. 206/2005 and the aforementioned right of withdrawal.
12. METHOD OF WITHDRAWAL
Before the expiration of the withdrawal period, the consumer must inform the Duca Carlo Guarini of his will to withdraw from the contract, in the following ways:
a) Using the withdrawal form attached to these general conditions (WITHDRAWAL FORM);
In the form or in the communication, the Customer must indicate the products for which he intends to exercise the right of withdrawal, his personal details and the date of the order.
The form or declaration can also be sent by e-mail to the address: shop@ducacarloguarini.it.
13. CONSEQUENCES OF WITHDRAWAL
In case of exercising the right of withdrawal
A) Duca Carlo Guarini will reimburse all payments received during the sale, including standard delivery costs (if the consumer has opted for a different shipping method, the difference will be borne by the same).
The refund will take place within 14 days from when the seller has received the notice of withdrawal, however, it is specified that the refund will be held until the Duca Carlo Guarini has received the goods in return or until the consumer has demonstrated that having sent back the goods.
The products must be returned with the original packaging, properly sealed. Products already used or damaged will not be accepted as returns, even if due to inadequate packaging and / or the carriers used.
If the goods are returned manipulated or different from the original goods, the consumer will be held responsible and will have to answer to the seller for the decrease in value.
B) The consumer will have to return the purchased products to Duca Carlo Guarini at his own expense, sending them to the Duca Carlo Guarini s.s agricola within 14 days.
Pursuant to art. 56 of the Consumer Code, the 14-day deadline is considered to be respected if the Customer sends the goods back before the deadline has expired: proof of delivery to the Post Office or Courier within the deadline will be valid.
It is specified that shipments paid by the recipient Duca Carlo Guarini will not be accepted.
14. EXCLUSION OF THE RIGHT OF WITHDRAWAL
Pursuant to art. 59 of the Consumer Code it is specified that the consumer’s right of withdrawal referred to in the previous clauses (11-13) is excluded in the following cases strictly indicated by the law:
– Supply of perishable or rapidly expiring goods;
– Supply of goods made to measure or clearly personalized;
– Supply of sealed goods which, for safety or health reasons, are not suitable for their return after opening;
– Supply of alcoholic beverages whose agreed price is linked to market fluctuations and whose delivery cannot take place before 30 days.
15. CASES OF WITHDRAWAL OUTSIDE THE CONSUMER CODE
Al di fuori dei casi in cui risulta applicabile la normativa speciale di cui al D. Lgs n. 206/2005 si rimanda a quanto previsto dal codice civile in rema di recesso dal contratto. Scarica il documento per la richiesta di reso
16. GENERAL TERMS
The general conditions applicable to each individual order will be those published on the website at the time of the order. Duca Carlo Guarini reserves the right to modify these general conditions without prior notice: the changes will be valid from the date of publication on the website and will apply only to orders placed after such publication.
17. DISPUTES AND APPLICABLE LAW
Any disputes relating to the application, execution and interpretation of the telematic sales contract are subject to Italian jurisdiction and the competent court is the place of the registered office of the Duca Carlo Guarini ss agricola, except for the special court referred to to art. 66bis referred to in Legislative Decree no. 206/2005. Contracts entered into electronically with the Duca Carlo Guarini s.s agricola are governed by Italian laws and, unless expressly provided for, the relevant national laws apply.
02 November, 2020