Terms and conditions

Effective from 7 February 2021

This website www.fattoriafranco.it (hereinafter, the “Website”) is owned by “Fattoria Franco” di Serafina Franco, with registered office in Longobucco (CS), Puntadura di Longobucco, tax code and p. VAT 03472950785 registered in the business register of Cosenza with REA CS-245049, and is dedicated to the retail sale of foodstuffs (“Fattoria Franco”). The Website is owned and managed directly by Fattoria Franco and allows Users (as defined below) to:

• view the Products (as defined below) that can be purchased through the Website;
• select the Products they intend to purchase;
• use the home delivery service for the Products;
• pay the amount due to Fattoria Franco for the purchase of the selected Products (collectively, the “Services“).

FATTORIA FRANCO, IN THE SCOPE OF ITS POLICY OF CORRECTNESS AND TRANSPARENCY, INVITES EACH USER OF THE WEBSITE, BEFORE STARTING NAVIGATION OF THE WEBSITE, TO CAREFULLY READ THESE TERMS AND CONDITIONS (“T&C”) THAT GOVERN THE SERVICES OFFERED THROUGH THE WEBSITE.

IF YOU DO NOT INTEND TO ACCEPT THESE T & C’s AND / OR ANY OTHER NOTICE, LEGAL NOTICE, DISCLAIMER OR STATEMENT OF LIMITATION OF LIABILITY PUBLISHED ON THE WEBSITE, PLEASE DO NOT USE THE WEBSITE, NOR THE RELATED SERVICES.

Article 1 – Purpose and definitions

These T & Cs define and regulate the general conditions of use of the Website and the Services provided to the User by Fattoria Franco, as identified above, in the person of the pro tempore legal representative.

“Service” means, individually or collectively, any service and all the functions associated with it offered on the Website directly by Fattoria Franco both free of charge and for a fee.

“Products” means the products sold through the Website to Users.

“User” means collectively anyone who uses or is about to use or enjoy the Services and / or the Website.

Article 2 – Acceptance of the Services and purchase of the Products

All Products and prices indicated in the Services constitute an offer to the public with the limitations and procedures contained in the Website itself and in these T & Cs.

The illustrative photographs of the Products are merely representative and have the sole purpose of presenting the Products. Fattoria Franco consequently declines all responsibility and does not provide any guarantee with reference to the correspondence of the graphics of the Products published on the Website and that of the Products delivered.

Variable weight products (e.g. cheeses) are offered on the Website in guaranteed minimum sizes and weights. In the event that the Products purchased include one or more of these variable weight products, Fattoria Franco will only apply the price calculated at the time of the order, without any consideration of price increases or decreases, which may have occurred subsequently or previously concluded.

In the event that the Products purchased through the Services include one or more of these products per package, Fattoria Franco will only apply the price calculated at the time of the order, without any consideration of price increases or decreases, even for promotions, which may have occurred. subsequently or previously concluded.

All prices are inclusive of VAT. The cost of delivery and management of the service is not included in the price of the Products unless expressly indicated.

The User will have the right to purchase the Products by making individual expenses by selecting the Products he wishes to receive from time to time.

By connecting to the Website, in the “Shop” section, the User can view all the Products available for purchase, selecting those of interest to him and adding them to the cart.

Once the single shopping has been completed, by clicking on “View Cart” or the Cart icon, the User can (i) check the Products added to the cart, the relative purchase price and the total cost of the individual shopping, (ii) add or delete the selected Products by clicking on the relative symbols and (iii) proceed with the purchase of the Products by clicking on “Payment”.

In the “Checkout Details” section, the User must confirm their shipping and billing information and complete the purchase order by proceeding with payment using one of the available payment methods.

The amount of the individual expenses will be charged exclusively following the acceptance of the purchase order by Fattoria Franco. The purchase order completed by the User following the procedure indicated in this Article 2 will be binding for Fattoria Franco only in the event that the entire order procedure has been completed regularly and correctly without any error messages being highlighted by the Website. Fattoria Franco will check the purchase order and the availability of the Products.

The acceptance by Fattoria Franco of the purchase order for a Service involves the immediate charge of the amount of the individual expense according to the payment method selected by the User. Following acceptance of the order, the User will receive confirmation by e-mail of the purchase with express indication of the summary of the Products ordered and the relative prices, the date and time of delivery and the general and particular conditions applicable order itself.

Article 3 – Methods of payment

To proceed with the purchase of the Products, the User must select the payment method from those available on the Website.

The circuits on which it is possible to purchase within the Website are shown on the Payment Methods page within the Website.

By purchasing the Products, the User guarantees the availability of the sum necessary for the payment of the Products ordered.

By sending their purchase order electronically, the User declares to have read the conditions of sale, the proposed payment methods and the entire purchase procedure.

Article 4 – Shipping and delivery of the Products

Fattoria Franco will arrange for the delivery of the Products to the address indicated by the User by means of selected professional carriers.

Unless explicitly agreed in writing, the presence of the User or his representative at the address indicated in the order is required for delivery.

The delivery service is guaranteed only for homes reachable by the selected professional transporters.

Upon delivery of the goods, the User, or the person appointed by them, will be required to verify that the packaging is intact, not damaged or otherwise altered. Any damage to the packaging and / or to the Products must be immediately contested by the User, placing a written control reserve on the carrier’s delivery document and specifying the reason for the reserve (for example “Punched packaging”, “Tampered packaging”). For any anomalies found on the Products, other than those due to the physiological deterioration of food products or the mere imperfection of the packaging, the User may contact Fattoria Franco at the e-mail address info@fattoriafranco.it specifying the defects found and documenting it with photographic material.

The User acknowledges and accepts that in case of impossibility of delivery of the Products due to their (or the person in charge of receiving the shopping) failure to be present at the time of delivery, the Products will not be canceled from the order and the relative amount will not will be credited back to the User.

Fattoria Franco undertakes to execute the Services in good faith and to fulfill, or ensure that they are fulfilled, with the utmost diligence, all the obligations incumbent on it in good faith.

Fattoria Franco will not be responsible for any delays occurring during transport. Likewise, Fattoria Franco cannot be held responsible for any loss, damage, incorrect or non-delivery caused by events and / or cases of force majeure or unforeseeable circumstances, such as by way of example but not limited to: natural disasters, adverse weather conditions (such as heavy snowfall), any strikes (by its own or other employees), pandemics, accidents to means of transport, explosions or any other cause, similar or different, occurring outside the control of Fattoria Franco and not attributable to it, even pre-existing, which prevent or aggravate the total or partial execution of the contract.

Article 5 – Right of withdrawal

Pursuant to art. 59, paragraph 1, lett. d) and e) of Legislative Decree 6 September 2005, n. 206 (Consumer Code), the right of withdrawal is excluded in relation to:

1. a) goods purchased by a non-consumer User;
2. b) assets that are likely to deteriorate or expire rapidly; and
3. c) sealed goods which cannot be returned for hygienic reasons or related to health protection and which have been opened after delivery.

With reference to the cases of exclusion of the right of withdrawal listed above, the User, in particular, is informed and accepts that the Products that “risk deteriorating or expire rapidly” include all food products, as the characteristics and qualities of these types of Products are subject to alteration also as a result of inappropriate storage. Therefore, for reasons of hygiene and the protection of Users, the right of withdrawal is only applicable for Products purchased on the Website which can be returned to Fattoria Franco, intact in their respective seal, and put back on the market without endangering the health of consumers.

The User may exercise the right of withdrawal, pursuant to art. 52 and ss. of Legislative Decree 206/2005, in relation to specific Products, provided that these, after delivery, have not been opened or their seals have not been altered.

In cases where the exercise of the right of withdrawal is permitted, the User has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty.

To exercise the right of withdrawal, the User must send to Fattoria Franco, within 14 days from the date of delivery of the Products, a written communication by e-mail to the following email address info@fattoriafranco.it with the subject “Exercise of right of withdrawal “and expressly declaring their will to withdraw and providing the following additional information:

1. the purchase order number and date;
2. delivery date of the purchase order;

iii. the name and address of the User;

1. the indication of the User’s e-mail and telephone number;
2. article code or the articles for which the right of withdrawal is to be exercised.

The right of withdrawal applies to the Product purchased in its entirety; therefore, if the Product is composed of several components or parts, the right of withdrawal cannot be exercised only on part of the purchased Product.

Upon receipt of the communication to exercise the right of withdrawal, Fattoria Franco will open a file for the management of the return and refund the User for delivery costs by courier.

The goods subject to withdrawal must be sent to:

Fattoria Franco

Contrada Puntadura,

87066 Longobucco (CS)

Italy

In case of exercise of the right of withdrawal, Fattoria Franco will refund the User the full amount of the returned Products, within 14 days from the date on which the notice of withdrawal was received, without prejudice to the right of Fattoria Franco to suspend the payment of the refund until the actual receipt of the Products. The refund will be made using the same payment method used by the User.

Article 6 – Limitation of Liability

 Fattoria Franco undertakes to implement the quality standards relating to the Products only up to the time of delivery at the place indicated by the User; any liability relating to the poor condition of the Products due to improper storage after delivery or at other delivery points authorized by the user is excluded.

Fattoria Franco disclaims any responsibility for information, data and any technical or other inaccuracies that may be contained on the Website.

Any disputes relating to the execution of the Service may be raised, under penalty of forfeiture, within 48 (forty-eight) hours following delivery by writing to info@fattoriafranco.it documenting the dispute also with photographic material.

Fattoria Franco will not be liable for any damages deriving from the inaccessibility to the Services deriving from problems connected to the network, to the providers or to telephone and / or telematic connections over which it has no control, to the failure and / or faulty functioning of the electronic equipment of the User or the suppliers of Fattoria Franco.

Fattoria Franco takes no responsibility for content created or published on third-party sites with which the Website has a hypertext link (“link”). The User who decides to visit a website connected to the Website does so at his own risk, assuming the burden of taking all necessary measures against viruses or other malware.

In order to guarantee maximum freshness linked to the seasonality of the Products and the variability of production depending on factors not attributable to the Franco Farm, the User acknowledges and accepts that all the Products indicated in the order sent and accepted by the Company may not be delivered sporadically. In this case, Fattoria Franco will promptly refund the amounts relating to the Products ordered and not delivered.

For each order made, Fattoria Franco will issue a specific receipt. The data provided by the User at the time of the order will be included in the relevant receipt, it being understood that no changes will be possible following the issue of the receipt itself.

Article 7 – User Obligations

The User undertakes not to use the Website and / or related Services for illegal purposes or for purposes not covered by these T&Cs. The User may not use the Website or related Services in order to damage or otherwise prejudice the Website or interfere with the use and enjoyment of the Website of related Services by other Users.

In any case, the User undertakes to (i) not use machines, algorithms, software or other automatic functions to generate the recall of pages or materials, (ii) not to generate page references, through chain letters, e-mail or other means, through which a person or group of people is requested to consult a page.

Article 8 – Termination

Fattoria Franco reserves the right not to allow the User to access and use the Website and the Services or part thereof, at any time and with immediate effect, in the event of a breach by the User of the obligations to its load provided for in accordance with the previous Articles 3 (Payment methods) and 7 (User obligations). As regards these Users, Fattoria Franco is authorized without prior notice to cancel the orders placed and not yet delivered.

Access to the Website may also be temporarily interrupted in the event of technical problems or to ensure its maintenance. Such interruptions will be communicated on the Website if possible.

At any time, Fattoria Franco may make improvements and / or changes to the Website and to the Services if this is necessary for technical reasons or in order to comply with current legislation.

Fattoria Franco also reserves the right to cease, in whole or in part, the provision of the Services at any time and with reasonable notice in order to allow Users to use the orders sent. In such cases, Fattoria Franco will promptly notify Users by means of a notice on the Website.

Article 10 – Variation of the T&C

Fattoria Franco reserves, as indicated below, the right to update, integrate and modify in whole or in part these T&C and each of the documents referred to by them, including the Privacy Policy, the Services and their respective characteristics, as well as, by way of example and not limited to, the fees for the use of the Services published therein.

The User undertakes to periodically review the T & Cs, it being understood that Fattoria Franco will do everything reasonably necessary and appropriate to inform the User, through the Website itself, of any changes to the T & Cs and / or Services.

Changes to the T&C and / or related Services will be effective from the time of publication on the Website and will apply only to sales concluded subsequently.

Fattoria Franco will inform Users of changes to these T & Cs or to the functionality / limitations of the Services and / or their costs by posting on the Website.

The changes and updates will be deemed accepted by the Users by connecting to the Website or using the Website after the moment in which the change has been published on the Website itself.

If the User does not agree with the changes made, he is invited not to use the Website.

Article 11 – Applicable law and court in charge

These T&C, including the documents referred to therein and the other legal notices published on the Website and in general the relations between Fattoria Franco and the Users of the Website are governed by Italian law and must be interpreted in accordance with the same.

Any disputes connected with the use of the Website and the Services contemplated therein, which are not susceptible to settlement by conciliation, are reserved to the Italian jurisdiction and the mandatory and exclusive territorial jurisdiction of the Court of Castrovillari.

* * *

Specific approval of the T&C pursuant to and for the purposes of Articles 1341 and 1342 of the civil code

Pursuant to and for the purposes of Articles 1341-1342 of the civil code, the parties declare that they have read and understood, and therefore expressly approve the Articles: 2 (Acceptance of services and purchase of Products), 3 (Methods of payment), 4 (Shipping and delivery of Products), 5 (Right of Withdrawal), 6 (Limitation of Liability), 7 (User Obligations), 8 (Termination), 10 (Change of T&C) and 11 (Applicable law and court in charge).

By accepting the Services, the User fully and explicitly approves, without any reservation, the aforementioned clauses and specifically identified in the previous paragraph.