General conditions
(pursuant to Chapter I, Title 3, Part 3, of Legislative Decree 206/2005 and subsequent amendments and additions)
1. Introduction and effectiveness of the General Conditions
These general conditions of sale (hereinafter, “General Conditions”) have as their object the regulation of the purchase of products and services, carried out remotely and made available, via the Internet, from the site www.locroi.com (hereinafter, the “Site”) in compliance with the Italian legislation pursuant to Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, “Consumer Code”).
The seller of the products and owner of the Site is: “Il Porticato”, with headquarters in C.da Russo 3 - 89044 Locri (RC), PI 00231760802
(hereinafter, “The Portico”).
The consumer who accesses the Site to make purchases (hereinafter "Customer") is required, before sending the order, to carefully read these General Conditions which have been made available to him on the Site and which will be available to the Customer at any time also through the link contained in the confirmation email of each order to allow him to reproduce and store them.
In the event that the person making purchases on the Site requests the issuing of an invoice and/or is not a “consumer or user” as defined in art. 3, paragraph 1, letter a), of the Consumer Code, the provisions which, pursuant to the same Consumer Code, apply only to “consumers” shall not apply.
Contracts concluded with Il Porticato through the Site are governed by these General Conditions in compliance with Italian law. The language available to conclude the contract is Italian.
2. Choosing and ordering Products
The characteristics and price of the various products on sale on the Site (hereinafter “Product” or “Products”) are shown on the page relating to each Product.
To purchase the Products, the Customer must complete and send the order form in electronic format, following the instructions on the Site. The Customer must: add the Product to the "Cart", enter the shipping and billing information, read the General Conditions and the Privacy Policy and confirm their acceptance, select the desired payment method and place the order.
It is also possible to place an order via Whatsapp or email. The Customer must specify the products he wants to purchase and send the shipping and billing information.
By sending the order from the Site or confirming it via Whatsapp or email, which has the value of a contractual proposal, the Customer acknowledges and declares that he has read all the information provided during the purchase procedure and that he fully accepts these General Conditions and the payment conditions transcribed.
The contract stipulated between Il Porticato and the Customer must be considered concluded with the acceptance of the order by Il Porticato. This acceptance is communicated to the Customer through an order confirmation email, the order number, shipping and billing information, the list of Products ordered with their essential characteristics and the total price, including delivery costs. The Customer will check the confirmation email and if he/she finds errors in the order, he/she will have until 6:00 pm on the day on which he/she placed the order to contact Customer Service via the email info@locroi.com. After this period, the order will be processed for shipping and changes will no longer be accepted.
Once the order has been received, Il Porticato will check the availability of stock to process the order. In the event that one or more Products are not available, Customer Service will promptly send an email to the Customer who, within the following 12 hours, will have the right to respond to confirm the shipment of any additional available Products or cancel it. In the event of no response within this period, the order will be considered confirmed and the available Products will be shipped. In this case, the entire amount relating to the missing Products will be refunded or, in any case, depending on the chosen payment method, will not be charged to the Customer.
3. Product Information
The information and characteristics relating to the Products are available, with the relevant Product codes, on the Site.
The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the descriptive sheet. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be perfectly representative of their characteristics and quality, as they may differ in color and size. In the event of a difference between the image and the written product sheet, the description of the product sheet always prevails.
Due to the seasonality of the products and the lack of a warehouse (the fruit is picked from the tree after the order) the availability of a product may not be updated on the site.
4. Prices and shipping
Product prices include all taxes and duties. All prices are in Euro. They may be subject to change or special offers may be available during the year.
Shipping to Italy:
Shipping is free throughout Italy. An additional payment is required in the case of delivery by appointment, in certain time slots (e.g. in the morning) or in the case of special destinations (disadvantaged ZIP codes).
Shipments abroad:
Shipping abroad is not currently available.
5. Payment and billing methods
5.1 Payment Methods
The Customer may pay the price of the Products and the related delivery costs by credit card (including rechargeable), Paypal and bank transfer.
PayPal
Once the order has been confirmed, the Customer will be redirected to the PayPal site where he/she can make the payment with his/her account or using a card, even a prepaid one, or in any case according to the methods accepted by PayPal and in compliance with the relevant conditions.
Bank transfer
The Customer must make the bank transfer within 3 days from the order date for orders relating to products. If this does not happen, the order will be cancelled and the goods will be made available again for purchase by other Customers. The Customer who has not made the bank transfer may be contacted by Customer Service in order to clarify whether the reason for the failure to credit is attributable to the Customer's will not to confirm the purchase or to other causes.
5.2 Order invoicing
If the purchase is made by a professional or company, it will be possible to request an invoice by sending an email to info@locroi.com . In this case, the invoice will be sent via email to the address indicated. The professional is responsible for the correct entry of the billing data and is expressly informed that, in the event of failure to request the invoice during the order phase, it will not be possible to request it later.
6. Order processing, shipping and delivery
Orders received before 4:00 p.m. are processed the day after they are placed, from Monday to Wednesday (to allow delivery during the same week as the harvest). To always guarantee a fresh product, in case of bad weather the order processing may be delayed.
The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure in the specific “Shipping Data” field.
All purchases will be delivered by express courier (hereinafter, “Courier”) from Monday to Friday, excluding holidays and national holidays. The estimated delivery time is 2-3 working days. Il Porticato is not responsible for delays that are not foreseeable or not attributable to it.
Delivery services active in Italy:
Poste Italiane and SDA
The service includes 2 delivery attempts to the address indicated at the time of ordering throughout the day. A notice will be left after each delivery. After the second failed delivery attempt, the Courier will contact the recipient of the order by telephone at the telephone number indicated, to arrange delivery. If the recipient is not reachable or absent, the goods will be returned to the warehouse. Delivery by appointment or in a specific time slot can be made at an additional cost by sending an email to info@locroi.com.
7. Right of withdrawal
For hygiene reasons and to protect Customers, the right of withdrawal does not apply to Products that "risk deterioration or rapid expiration", which therefore includes all food products, including fruit, as the characteristics and qualities of these types of Products are subject to alteration also as a result of inappropriate storage.
8. Warranty and Lack of Conformity
In the event of defects in conformity of Products sold by Il Porticato, the Customer must immediately contact Customer Service by sending an email to info@locroi.com.
The legal guarantees provided for by articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. The Customer has the right, at his choice and provided that the type of Product allows it, to replacement, or to an adequate reduction in price or to the termination of the contract. The Customer loses these rights if he does not report the lack of conformity to Il Porticato within 24 hours of the delivery date given the perishable nature of the product.
9. Errors and limitations of liability
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 Il Porticato cannot be held responsible, except in the case of fraud or gross negligence.
Il Porticato reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update information at any time without prior notice, without prejudice to the Customer's rights under these General Conditions and the Consumer Code.
Except in the case of fraud or gross negligence, the Customer is excluded from any right to compensation for damages or to the recognition of an indemnity, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, caused by the failure to accept or fulfill, even partially, an order.
10. Complaints
Any complaints must be forwarded to Il Porticato by sending an email to info@locroi.com.
11. Applicable law and competent court
The sales contract between the Customer and Il Porticato is deemed to be concluded in Italy and governed by Italian Law. For the resolution of disputes relating to the interpretation, execution or termination of these General Conditions or individual purchase orders if the Customer is a consumer pursuant to the Consumer Code, the court of his/her municipality of residence or domicile will have exclusive jurisdiction if located in Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Locri, any other competent court excluded
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Pursuant to article 1341 of the Civil Code, the Customer declares to have read and specifically accept the following articles of these General Conditions: 6 (liability for delays in delivery), 9 (right to correct errors - exclusions of liability), 11 (competent court).