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Legal notice
These general terms and conditions of sale (hereinafter the “General Conditions”) apply to all purchases made by an individual (hereinafter the “CUSTOMER”) on the website lapesenata.it (hereinafter the “SITE”) from Società Agricola La Pesenata, a Simple Partnership registered in the Verona trade and companies register under number VR – 435604, with its registered office at Località Palù Della Pesenata 2, 37017 Lazise (VR), Italy, Tel.: 045 9815725, Fax: 045 9815725, e-mail: info@lapesenata.it (hereinafter the “SELLER”).
ARTICLE 1.. DEFINITIONS
The terms used below have the following meanings in these General Conditions:
“CUSTOMER”: refers to the SELLER’s contractual partner, acting as a consumer as defined by Italian law and case law, i.e. “a natural person acting for purposes unrelated to any business, commercial, artisanal or professional activity they may carry out.”
“DELIVERY”: means the delivery address for the PRODUCTS provided by the CUSTOMER at the time of order.
“Products”: means all products available and offered for sale on the SITE.
“Territory”: means Italy.
ARTICLE 2. SUBJECT
These General Conditions govern the sale of PRODUCTS by the SELLER to its CUSTOMERS.
The CUSTOMER is clearly informed and acknowledges that the SITE is intended for consumers, and that professional operators must contact the SELLER’s sales office in order to benefit from separate contractual terms.
ARTICLE 3. ACCEPTANCE OF THE CONDITIONS
The CUSTOMER undertakes to read these General Conditions carefully and to accept them before proceeding with payment for any PRODUCT order placed on the SITE.
These General Conditions are referenced at the bottom of every page of the SITE via a link and must be reviewed before submitting an order. The CUSTOMER is invited to read, download, and print the General Conditions, and to keep a copy.
The SELLER recommends that the CUSTOMER read the General Conditions with every new order, as the most recent version of these Conditions applies to each new PRODUCT order.
By clicking the first button to submit the order and then the second button to confirm it, the CUSTOMER acknowledges having read, understood, and accepted the General Conditions without limitation or reservation.
ARTICLE 4. PURCHASE OF PRODUCTS ON THE SITE
To purchase a PRODUCT, the CUSTOMER must be at least 18 years old and have legal capacity or, if not of legal age, be able to provide proof of consent from their legal representatives.
The CUSTOMER will be asked to provide information allowing their identification by filling out the form available on the SITE. The asterisk (*) indicates fields that must be completed in order for the CUSTOMER’s order to be processed by the SELLER. The CUSTOMER can check the status of their order on the SITE. Delivery tracking, where available, can be done using online tracking tools provided by some carriers. The CUSTOMER may also contact the SELLER’s sales office at any time at info@lapesenata.it to obtain information on the status of their order.
The information the CUSTOMER provides to the SELLER when placing an order must be complete, accurate, and up to date. The SELLER reserves the right to ask the CUSTOMER to confirm their identity, eligibility, and the information provided by any appropriate means.
ARTICLE 5. ORDERS
Article 5.1. Product characteristics
The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CUSTOMER must receive in accordance with applicable law.
The CUSTOMER undertakes to carefully read this information before placing an order on the SITE.
Unless expressly stated otherwise on the SITE, all PRODUCTS sold by the SELLER are new and comply with current European legislation and the applicable regulations in Italy.
Article 5.2. Order Procedure
PRODUCT orders are placed directly on the SITE. To place an order, the CUSTOMER must follow the procedure described below (please note, however, that the steps may differ slightly depending on the CUSTOMER's landing page).
5.2.1. Selection of PRODUCTS and purchase options
The CUSTOMER must select the PRODUCT(S) of their choice by clicking on the relevant PRODUCT(S) and choose the desired features and quantities. Once the PRODUCT has been selected, it is placed in the CUSTOMER's cart. The CUSTOMER can then add as many PRODUCTS to the cart as they wish.
5.2.2. Orders
Once the PRODUCTS have been selected and placed in the cart, the CUSTOMER must click on the cart and verify that the contents of the order are correct. If they have not already done so, the CUSTOMER will then be prompted to log in or register.
Once the CUSTOMER has confirmed the contents of the cart and has been logged in / registered, an automatically completed online form will appear summarizing the price, applicable taxes, and any delivery charges.
The CUSTOMER is invited to verify the contents of the order (including the amount, features and codes of the PRODUCTS ordered, billing address, payment method, and price) before confirming the order.
The CUSTOMER can then proceed to pay for the PRODUCTS by following the instructions on the SITE and providing all necessary information for billing and DELIVERY of the PRODUCTS. For PRODUCTS with available options, these specific codes appear once the correct options are selected. Orders submitted must include all information necessary for proper processing.
5.2.3. Order Receipt Confirmation
Once the procedure described above has been completed, a page confirming receipt of the CUSTOMER's order will be displayed on the SITE. A copy of the order receipt and confirmation will be automatically sent to the CUSTOMER by email, provided the email address entered in the registration form is correct.
The SELLER will not send order confirmations by mail or fax.
5.2.4. Billing
During the ordering process, the CUSTOMER must enter the necessary information for billing (fields marked with an asterisk (*) are mandatory for the SELLER to process the CUSTOMER's order).
The CUSTOMER must clearly indicate all DELIVERY information, in particular the exact DELIVERY address, and any access codes for the DELIVERY address.
The CUSTOMER must also specify the chosen payment method.
Neither the order form created online by the CUSTOMER nor the order receipt confirmation sent by the SELLER to the CUSTOMER by email constitute an invoice. Regardless of the order or payment method used, the CUSTOMER will receive the original invoice upon DELIVERY of the PRODUCTS, inside the package.
Article 5.3. Order Date
The order date is the date on which the SELLER confirms receipt of the order online. The terms indicated on the SITE will only begin from this date.
Article 5.4. Price
For all PRODUCTS, the CUSTOMER will find on the SITE the prices displayed in Euros including taxes, and the applicable delivery charges (based on the weight of the package, excluding packaging and gifts, the DELIVERY address, and the carrier or shipping method selected).
In particular, the prices include value-added tax (VAT) at the rate in effect on the order date. Any change in the applicable rate may affect the price of the PRODUCTS from the effective date of the new rate.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The SELLER's supplier prices are subject to change. As a result, the prices shown on the SITE may vary. They may also be changed in the case of special offers or sales.
The prices shown are valid unless there are obvious errors. The applicable price is the one indicated on the SITE on the date the CUSTOMER places the order.
Article 5.5. Product Availability
The SELLER undertakes to deliver the PRODUCT on the date or within the period indicated to the CUSTOMER, unless otherwise agreed by the parties.
In principle, the unavailability of a PRODUCT is indicated on the relevant PRODUCT page. CUSTOMERS may also be notified by the SELLER when a PRODUCT is restocked.
In any case, if unavailability was not indicated at the time of order, the SELLER undertakes to promptly inform the CUSTOMER if the product is not available.
If a PRODUCT is unavailable, the SELLER may offer, if the parties agree, an alternative PRODUCT of equivalent quality and price, accepted by the CUSTOMER.
If the CUSTOMER decides to cancel their order for unavailable PRODUCTS, they will receive a refund of all amounts paid for the unavailable PRODUCTS within thirty (30) days of payment.
ARTICLE 6. RIGHT OF WITHDRAWAL
The terms of the right of withdrawal are specified in the “withdrawal policy,” available in Annex 1 to these General Conditions and accessible at the bottom of every page of the SITE via a hyperlink.
ARTICLE 7. PAYMENT
Article 7.1. Payment methods
The CUSTOMER may pay for their PRODUCTS online on the SITE using the methods offered by the SELLER.
The CUSTOMER guarantees to the SELLER that they have all necessary authorizations to use the chosen payment method.
The SELLER will take all necessary measures to ensure the security and confidentiality of data transmitted online as part of online payment on the SITE.
In this regard, it is specified that all payment information provided on the SITE is transmitted to the SITE’s bank and is not processed on the SITE.
Article 7.2. Payment date
In the case of a single payment by credit card, the CUSTOMER’s account will be charged at the time the order for the PRODUCTS is placed on the SITE.
In the case of PARTIAL DELIVERY, the total amount will be charged to the CUSTOMER’s account as soon as the first package is shipped. If the CUSTOMER decides to cancel the order for unavailable PRODUCTS, the refund will be issued in accordance with the last paragraph of article 5.5 of these General Conditions.
Article 7.3. Late or refused payment
If the bank refuses to charge a card or other payment method, the CUSTOMER must contact the SELLER’s Customer Service to pay for the order using another valid payment method.
If for any reason, such as opposition, rejection, or otherwise, the transfer of the amount due from the CUSTOMER proves impossible, the order will be canceled and the sale will be automatically terminated.
ARTICLE 8. PROOF AND ARCHIVING
Each contract with the CUSTOMER will be archived by the SELLER in the my account section of the SITE and is accessible via a hyperlink.
The SELLER agrees to archive this information in order to ensure the traceability of transactions and to provide a copy of the contract upon the CUSTOMER’s request.
In the event of a dispute, the SELLER will be able to demonstrate that its electronic tracking system is reliable and ensures the integrity of the transaction.
ARTICLE 9. TRANSFER OF OWNERSHIP
Delivered PRODUCTS remain the property of the SELLER until full payment has been made by the CUSTOMER.
The foregoing provisions do not preclude the transfer to the CUSTOMER, upon receipt by the CUSTOMER or by a third party designated by them, other than the carrier, of the risks of loss or damage to the PRODUCTS subject to retention of title, as well as the risks of any damage they may cause.
ARTICLE 10. DELIVERY
The PRODUCT DELIVERY procedures are set out in the “delivery policy” in Annex 2 of these GTC and are accessible at the bottom of every page of the SITE via a hyperlink.
ARTICLE 11. PACKAGING
The PRODUCTS will be packaged in accordance with applicable transport regulations to ensure maximum protection of the PRODUCTS during DELIVERY.
CUSTOMERS undertake to comply with the same standards when returning PRODUCTS under the conditions set out in Annex 1 – Withdrawal Policy.
ARTICLE 12. LEGAL WARRANTY
In addition to any commercial warranties that the SELLER may offer for certain PRODUCTS, every CUSTOMER benefits from “legal” warranties for all PRODUCTS, which are detailed below, in accordance with Article 49 of the Consumer Code.
Article 12.1. Conformity with the contract – Article 129 of the Consumer Code: "1. The seller is required to deliver goods to the consumer that are in conformity with the sales contract.
2. Consumer goods are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist:
a) they are suitable for the use for which goods of the same type are normally used;
b) they conform to the description provided by the seller and possess the qualities of the goods that the seller presented to the consumer as a sample or model;
c) they present the quality and performance typical of goods of the same type, which the consumer can reasonably expect, taking into account the nature of the goods and, where applicable, any public statements made about the specific characteristics of the goods by the seller, the manufacturer, or their agent or representative, especially in advertising or labeling;
d) they are also suitable for any particular use intended by the consumer, which was brought to the seller’s attention at the time of the contract's conclusion and which the seller accepted, even by implication."
The SELLER is liable for any lack of conformity existing at the time of delivery, as well as for any lack of conformity resulting from the packaging, assembly instructions, or installation when such installation is the SELLER’s responsibility or was carried out under their responsibility.
The SELLER is liable when the lack of conformity appears within 24 months from the date of delivery of the PRODUCT, even if the defect was not immediately apparent at that time. To exercise this right, the CUSTOMER must notify the SELLER of the defect within 2 months of its discovery. Any claim arising from a lack of conformity is barred after 26 months from the delivery of the PRODUCT (Article 132 of the Consumer Code).
Unless proven otherwise, any lack of conformity that becomes apparent within the first 6 months from the date of delivery of the PRODUCT is presumed to have existed at that time, unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity.
The CUSTOMER must retain the purchase receipt for the PRODUCT, as well as any shipping and delivery confirmation documents for the PRODUCT.
In the event of a lack of conformity, the CUSTOMER may request, at no cost, the replacement or repair of the PRODUCT, at their discretion, unless there is a clear disproportion between the CUSTOMER’s chosen remedy and the other available option, taking into account the value of the PRODUCT or the severity of the defect.
If replacement or repair is impossible or excessively costly, the CUSTOMER may request, at their option, an appropriate reduction in price or termination of the contract.
After reporting the defect, the SELLER may offer the CUSTOMER a refund of the PRODUCT price within thirty (30) days of receiving the returned PRODUCT, in exchange for the CUSTOMER returning the PRODUCT to the following address: Località Palù Della Pesenata 2, 37017 Lazise (VR), Italy
For used goods, the SELLER’s liability period is one year. (Article 134 of the Consumer Code).
Please note that this legal warranty of conformity applies regardless of any commercial warranty that may be granted on the PRODUCTS.
Article 12.2. Warranty for hidden defects
The SELLER is required to provide a warranty for hidden defects of the PRODUCT sold that render it unsuitable for its intended use, or that so diminish its usefulness that the CUSTOMER would not have purchased it or would have paid a lower price if they had known of the defects. This warranty allows the CUSTOMER who can prove the existence of a hidden defect to choose among the remedies provided in the previous article.
ARTICLE 13. LIABILITY
The SELLER cannot, under any circumstances, be held liable for non-performance or negligent execution of contractual obligations attributable to the CUSTOMER, particularly at the time the order is placed.
The SELLER cannot be held liable, nor considered in breach under these General Conditions, for any delay or failure to perform when such delay or failure is due to force majeure as defined by the case law of the Italian courts and tribunals.
It is also specified that the SELLER does not control websites that are directly or indirectly linked to the SITE. Consequently, no liability is accepted for information published on such sites. Links to third-party websites are provided for informational purposes only and no guarantees are made regarding their content.
ARTICLE 14. PERSONAL DATA
The SELLER collects the CLIENTS’ personal data on the SITE, including through cookies. The CLIENT may disable cookies by following the instructions provided by their browser.
The data collected by the SELLER are used to process orders placed on the SITE, manage the CLIENT’S account, analyze orders and, if the CLIENT has chosen this option, send communications for market research, newsletters, promotional offers and/or information about special sales, unless the CLIENT no longer wishes to receive such communications from the SELLER.
The personal data provided by the CLIENT will be processed in compliance with EU Regulation 679/2016 (“GDPR”) and other applicable laws, using methods suitable to ensure their confidentiality and security, as specified in the information notice provided to the CLIENT in the dedicated “Privacy Policy” section of the SITE pursuant to art. 13 of the GDPR.
CLIENTS may cancel their registration at any time by accessing their account or by clicking on the hyperlink provided at the bottom of each offer received by email.
The data may be communicated, in whole or in part, to the SELLER’S service providers involved in fulfilling the order. For commercial purposes, the SELLER may transfer the names and contact details of its CLIENTS to its business partners, provided that they have given their consent at the time of registration on the SITE.
The SELLER will specifically ask CLIENTS whether they wish their personal data to be disclosed. CLIENTS may change their mind at any time by contacting the SELLER. The SELLER may also ask its CLIENTS if they wish to receive commercial offers from its partners.
Pursuant to the GDPR (from art. 15 et seq.) and as a data subject, the CLIENT has the right, at any time, to obtain confirmation as to whether or not data concerning them exists, to know its content and origin, to verify its accuracy or request its integration, updating or rectification, to request erasure, anonymization or blocking of data processed in violation of the law, or to object to the processing of data for legitimate reasons. These rights may be exercised by sending an email to: info@lapesenata.it or by sending a letter to Località Palù Della Pesenata 2, 37017 Lazise (VR), Italy. Please note that the CLIENT must prove their identity by scanning an identity document or by sending the SELLER a photocopy of their ID card.
ARTICLE 15. COMPLAINTS
The SELLER provides the CLIENT with a “Customer Service Hotline” at the following number: 045 9815725 (toll-free number). Any written complaint from the CLIENT must be sent to the following address: Località Palù Della Pesenata 2, 37017 Lazise (VR), Italy.
ARTICLE 16. INTELLECTUAL PROPERTY
All visual and audio elements of the SITE, including the underlying technology used, are protected by copyright, trademark, and/or patent law.
These elements are the exclusive property of the SELLER. Anyone publishing a website and wishing to create a hyperlink to the SITE must request written authorization from the SELLER.
Such authorization from the SELLER will never be granted on a permanent basis. The link must be removed upon the SELLER’S request. Hyperlinks to the SITE using techniques such as framing or inline linking are strictly prohibited.
ARTICLE 17. VALIDITY OF THE GENERAL CONDITIONS
Any change in the laws or regulations in force, or any decision by a competent court that invalidates one or more provisions of these General Conditions does not affect the validity of the General Conditions as a whole. Such a change or decision does not in any way entitle the CLIENT to disregard these General Conditions.
ARTICLE 18. AMENDMENT OF THE GENERAL CONDITIONS
These General Conditions apply to all purchases made online on the SITE, as long as the SITE is available online.
The General Conditions bear a specific date and may be amended and updated by the SELLER at any time. The applicable General Conditions are those in force at the time of the order.
Amendments made to the General Conditions do not apply to PRODUCTS already purchased.
ARTICLE 19. JURISDICTION AND APPLICABLE LAW
THESE GENERAL CONDITIONS AND THE RELATIONSHIP BETWEEN THE CLIENT AND THE SELLER ARE GOVERNED BY ITALIAN LAW.
Any dispute that cannot be resolved amicably shall be subject to the exclusive jurisdiction of the court of the CLIENT’S place of residence or domicile, if located within the territory of the State; otherwise, the exclusive jurisdiction shall be the court of Verona.
In any case, it is possible to voluntarily use the mediation procedures referred to in Legislative Decree 28/2010 to resolve any disputes arising from the interpretation and execution of these General Conditions of Sale by accessing the following website: https://webgate.ec.europa.eu/odr .
ANNEX 1
RETURN POLICY
Right of withdrawal
The CUSTOMER has the right to withdraw, without providing any reasons, by sending back or returning the PRODUCT to the SELLER.
To this end, the PRODUCT must be sent back or returned without undue delay and no later than fourteen (14) days after notifying the decision to withdraw, unless the SELLER offers to collect the PRODUCT themselves.
Withdrawal period
According to Article 52, paragraph 2 of the Consumer Code, the withdrawal period ends at the expiration of fourteen (14) days starting from the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the PRODUCT.
If the CUSTOMER has ordered multiple PRODUCTS with a single order resulting in multiple DELIVERIES (or in the case of an order for a single PRODUCT delivered in several lots), the withdrawal period expires fourteen (14) days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the last PRODUCT delivered.
Notification of the right of withdrawal
To exercise their right of withdrawal and in accordance with Article 54 of the Consumer Code, the CUSTOMER must notify their decision to withdraw through an explicit declaration (for example, letter sent by mail, fax, or e-mail): Località Palù Della Pesenata 2, 37017 Lazise (VR), Italy or info@lapesenata.it.
The CUSTOMER may also use the form provided below:
WITHDRAWAL FORM
To the attention of Soc. Agr. La Pesenata s.s.
SELLER's phone number*: 045 9815725
SELLER's e-mail address*: sales@lapesenata.it
I hereby notify you of my withdrawal from the contract for the sale of the PRODUCT indicated below:
PRODUCT code
Invoice number:
Order confirmation number:
– Ordered on [________________]/received on [________________]
– Payment method used:
– Name of the CUSTOMER and, if applicable, the recipient of the order:
– CUSTOMER address:
– Delivery address:
– CUSTOMER signature (except in case of transmission by e-mail)
– Date
To meet the withdrawal deadline, the CUSTOMER must send their communication regarding the exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
In case of withdrawal by the CUSTOMER, the SELLER undertakes to refund all amounts paid, including delivery costs (except for any additional costs resulting from the CUSTOMER's choice of a delivery method other than the standard delivery method offered by the SELLER), without undue delay and in any case within fourteen (14) days from the day the SELLER was informed of the CUSTOMER's withdrawal. (Article 56 of the Consumer Code).
The SELLER will carry out the refund using the same payment method used by the CUSTOMER for the initial transaction, unless the CUSTOMER has expressly agreed to a different method; in any case, the refund will not incur any costs for the CUSTOMER.
The SELLER is not required to reimburse additional costs if the CUSTOMER has expressly chosen a more expensive delivery method than the standard delivery method offered by the SELLER.
The SELLER may withhold the refund until they have received the goods or, if earlier, until the CUSTOMER has provided proof of having returned the goods.
Return procedure
The CUSTOMER must return the goods to Località Palù Della Pesenata 2, 37017 Lazise (VR), Italy, without undue delay and in any case within fourteen (14) days from the date on which they notify their decision to withdraw from the contract.
The deadline is considered met if the CUSTOMER sends back the goods before the fourteen (14) day period has expired.
Condition of returned goods
The PRODUCT must be returned in accordance with the SELLER's instructions, and in particular must include all accessories provided.
The CUSTOMER is only liable for any decrease in the value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the PRODUCT. In other words, the CUSTOMER may test the PRODUCT, but may be held liable if they perform handling beyond what is necessary.
Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following cases:
The right of withdrawal is excluded in the following cases:
The supply of goods or services whose price depends on fluctuations in the financial market
The supply of goods made to measure or clearly customized
The supply of goods which, by their nature, are liable to deteriorate or expire rapidly
The supply of sealed audio or video recordings or computer software that have been unsealed after delivery
Newspapers, periodicals, and magazines (except for subscription contracts)
The provision of accommodation for non-residential purposes, the transport of goods, car rental services, catering services, or services related to leisure activities if the contract specifies a particular date or period of performance
The supply of goods which, by their nature, are inseparably mixed with other goods
The supply of sealed goods that are not suitable for return for health protection or hygiene reasons and have been unsealed by the CUSTOMER after DELIVERY
The supply of alcoholic beverages, the price of which was agreed upon at the time of the sales contract, whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations that cannot be controlled by the SELLER
The supply of digital content through a non-material medium if performance has begun with the consumer’s express agreement and acknowledgment that, in this case, they would lose the right of withdrawal
contracts concluded at a public auction
ANNEX 2
DELIVERY POLICY
Delivery area
The PRODUCTS offered can only be supplied within the TERRITORY.
It is not possible to place an order for any delivery address located outside the TERRITORY.
PRODUCTS are shipped to the delivery address or addresses provided by the CUSTOMER during the order process.
Shipping time
The timeframes for preparing an order and issuing the invoice before shipping PRODUCTS in stock are indicated on the SITE. These timeframes do not include weekends and public holidays.
The CUSTOMER will automatically receive an email notification when the PRODUCTS are shipped, provided that the email address entered in the registration form is correct.
Delivery times and costs
During the ordering process, the SELLER informs the CUSTOMER of the possible delivery times and shipping options for the PRODUCTS purchased.
Shipping costs are calculated based on the chosen delivery method. These costs will be borne by the CUSTOMER in addition to the price of the PRODUCTS purchased.
Details of delivery times and costs are provided on the SITE.
If no delivery date is specified or agreed upon, the SELLER will deliver the PRODUCT without undue delay and in any event within thirty (30) days after the contract is concluded. (Article 61 of the Consumer Code).
DELIVERY method
The package will be delivered to the CUSTOMER upon signature and presentation of identification.
If absent, the CUSTOMER will be left a notice allowing them to collect the package from the post office.
DELIVERY issues
The CUSTOMER is informed of the scheduled delivery date when selecting the carrier at the end of the online order process, before confirming the order.
Please note that deliveries will be made within a maximum of thirty (30) days. Otherwise, the CUSTOMER must request the SELLER to deliver within a reasonable period, and if delivery does not occur within that period, they may withdraw from the contract.
The SELLER will reimburse the CUSTOMER, without undue delay after receiving notice of withdrawal, the total amount paid for the PRODUCTS, including taxes and shipping costs, using the same payment method used by the CUSTOMER to purchase the PRODUCTS.
The SELLER is responsible until the PRODUCT is DELIVERED to the CUSTOMER. Please note that the CUSTOMER has a period of three (3) days to notify the carrier of any damage or partial loss disputed at the time of delivery.