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Terms and Conditions

TERMS AND CONDITIONS OF SERVICE

Azienda Agricola Minnelea
Address: Via Serra 12 — 84060 Moio della Civitella (SA), Italy
PEC address: minnelea@pecaruba.it
REA Number: VI-267918
VAT number: 06042760659

DEFINITIONS

The terms and expressions listed below have the meaning indicated, it being understood that terms defined in the singular are also defined in the plural and vice versa.

CUSTOMER

means any party (natural or legal person) who purchases one or more Products and the Service simultaneously offered through the Online Shop, accepting the General Conditions.

PARTIES

means jointly Azienda Agricola Minnelea and the Customers.

GENERAL CONDITIONS

means these general terms and conditions of contract and any future new versions that may be published in the Online Shop by Azienda Agricola Minnelea.

ONLINE SHOP

means the virtual shop, managed by Azienda Agricola Minnelea and accessible via https://minnelea.com, through which it is possible to purchase the Products.

CONTRACTS

means the contracts concluded, pursuant to art. 6, between Azienda Agricola Minnelea and the Customers through the Online Shop.

ORDERS

means the purchase orders for the Products and the supply of the Service sent by the Customers, in accordance with the General Conditions and following the procedure set out in arts. 5 and 6.

ORDER CONFIRMATION

means the email message through which Azienda Agricola Minnelea communicates to the Customers the acceptance of the Orders.

PRICE

means the price of the Products and of the supply of the Service as indicated in the Online Shop next to the Products themselves.

PROFILE

means the area of the Online Shop in which Customers may, after authentication: (i) view and modify their personal data and the addresses to which the Products that are the subject of the Orders are to be shipped and delivered; (ii) view past Orders; (iii) access any other specific function relating to their activity in the Online Shop.

CONSUMER

according to the relevant definition in art. 3 of Legislative Decree no. 206/2005, is the natural person who acts for purposes outside any business, commercial, craft or professional activity carried out.

SERVICE

means the service offered in the Online Shop.

PRODUCT

means the good offered in the Online Shop.

DELIVERY COSTS

means the additional amount due for the delivery of the good.



SUBJECT

1.1 The General Conditions govern all the Contracts concluded between the parties and form an integral part thereof.

1.2 The general terms and conditions of contract are amended from time to time, also in consideration of any regulatory changes. The new general terms and conditions of contract will be effective from the date of publication on the Online Shop.

CUSTOMER REGISTRATION

2.1 Registration on the website allows the Customer to view recent orders, manage shipping and billing addresses, change the password and the account details. The Customer's data will then be stored and will constitute the Profile and each time LOGIN is performed, the system will recognise and remember the data without the need to enter them every time.

2.2 The Customer who registers will be asked for email and password.

NEWSLETTER

3.1 To subscribe to the Newsletter, the customer must first accept the privacy policy. Consent is revocable at any time. The newsletter subscription will be validated through a Double opt-in system with the sending of a confirmation and validation email of the indicated email address.

PRICE

4.1 The Price is expressed in € (Euro). The applicable Price is the one published on the Online Shop at the time of sending the Orders by the Customers.

4.2 The Price displayed is inclusive of the value added tax (V.A.T.) provided for the type of good.

THE CART / SHOPPING CART

5.1 The cart allows you to immediately verify the products entered, with their unit cost V.A.T. included. You can decide the quantities to purchase for each type of product chosen or remove from the cart one or more products that you have decided you no longer want to buy. A series of buttons allow you to:

* update the cart after making deletions or quantity changes;

* individually delete the products contained;

* return to the home page.

5.2 Once the cart has been filled with the desired products, it is possible to carry out the actual purchase and the choice of the form of payment. Before concluding the transaction, some data necessary for identification as a customer will be requested. The registered Customer will be able, with one click on the LOGIN button, to immediately access the website and order.

5.3 As soon as the order is finalised, the Customer will receive a copy of the order via email containing the essential information regarding the Product purchased, the detailed indication of the price, of the means of payment, of the delivery costs.

5.4 The order may only be cancelled until the moment of dispatch of the product, in the manner indicated in the order confirmation sent.

CONCLUSION OF THE CONTRACTS

The contract will be concluded through the following phases:

6.1 By sending the Order, the Customer will transmit to Azienda Agricola Minnelea a proposal for the purchase of the Product or Products selected. The sending of the proposal will be valid as consent pursuant to law to receive the subsequent communications from Azienda Agricola Minnelea described below, aimed exclusively at the conclusion and execution of the contract.

6.2 Azienda Agricola Minnelea will send the Customer the Order Confirmation with the assignment of an "Order Number" which must be used in any further communication with Azienda Agricola Minnelea.

6.3 The Contracts are deemed concluded between the Parties at the moment in which the Customers receive the Order Confirmation with the assignment of the order number.

6.4 By sending the Orders, the Customers declare that they have read all the instructions relating to the methods of purchase of the Products and that they have fully accepted the General Conditions, as well as that they have read all the further information contained on the Online Shop, also recalled through links.

6.5 The Orders will be managed and stored at the headquarters of Azienda Agricola Minnelea.

6.6 Azienda Agricola Minnelea reserves the right not to give effect to purchase orders that do not provide sufficient guarantees of solvency or that are incomplete or incorrect, or in case of unavailability of the products. Azienda Agricola Minnelea also reserves the right not to give effect to purchase orders if the parties to whom delivery is to be made appear to be in a state of manifest alteration. Azienda Agricola Minnelea does not guarantee the certainty of the availability of the goods ordered and therefore reserves the right not to give effect to purchase orders in case of unavailability of the Products by promptly notifying the Customer. Any right of the Customer to compensation for damages or indemnity is excluded, as well as any contractual or non-contractual liability for direct or indirect damages to persons and/or property caused by the failure to accept, even partial, an Order.

6.7 The Customer may purchase the products present in the electronic catalogue of the Online Shop. It is understood that the image accompanying the descriptive sheet of a product may not be perfectly representative of its characteristics but may differ in colour shades, dimensions, accessory products present in the figure. The presentation of each product contained in the website is merely illustrative and does not constitute an attestation or guarantee by Azienda Agricola Minnelea on the actual characteristics and performance of the goods sold.

METHODS OF PAYMENT

7.1 Azienda Agricola Minnelea allows Customers to pay through the payment systems supported by PayPal.

DELIVERY OF THE PRODUCTS

8.1 The Products are delivered to the address indicated by the Customers at the time of registration referred to in art. 2 or to the address indicated at the time of sending the Order in the "Shipping Details" section. The place of delivery of the Products cannot coincide with a public space or area. Azienda Agricola Minnelea reserves the right not to deliver the Products that are the subject of the order if the aforementioned circumstance occurs.

8.2 Customers are recommended to pay particular attention when entering the data relating to the delivery address (street number, surname on the doorbell, internal number, staircase, etc.). Azienda Agricola Minnelea declines all responsibility and any right of the Customer to compensation for damages or indemnity is excluded with regard to failed or delayed deliveries determined by errors, inaccuracies or shortcomings concerning the address of the place of delivery as indicated by the Customer in the Order.

8.3 The Customers, or other parties appointed by the Customers who are at the address indicated for the delivery of the Products in the Order Confirmation, are required to verify, at the time of delivery, that the packaging of the Products is intact, undamaged or otherwise altered.

8.4 Any damage to the packaging of the Products must be immediately challenged by the Customers by means of the affixing of a written control reservation on the proof of delivery (Waybill, Coupon, Handheld or any other support proposed by the carrier). It is understood that, once the delivery document has been signed without any objection, Customers will no longer be able to raise any objection to Azienda Agricola Minnelea with regard to the external characteristics of what has been delivered. In the event that the carrier has been chosen by the Customer outside those proposed at the time of purchase, the risk of damage and loss of the Products is transferred to the Customer at the moment of delivery to the carrier itself, precluding any objection regarding the external characteristics of what has been delivered. In this latter case, any objection must be raised directly by the Customer against the carrier.

8.5 The Products may be delivered by the appointees of Azienda Agricola Minnelea only to the Customers or to persons authorised by them. The party to whom the Products are delivered must affix a signature to certify that delivery has taken place.

LEGAL GUARANTEE OF CONFORMITY

9.1 All the products marketed enjoy the legal guarantee of conformity provided for by articles 128 et seq. of the Italian Consumer Code, which covers any conformity defects of the items purchased, existing at the time of delivery thereof, that manifest themselves within 24 months of delivery. Excluded from the conformity defects and, therefore, from the legal guarantee are any defects or damages determined by accidental events or by the responsibility of the Customer for use of the products not in conformity with the relevant intended use or as a result of normal wear and tear. To benefit from this guarantee, the Customer must report the conformity defect within two months of discovery, on penalty of forfeiture, by communication addressed to the headquarters of Azienda Agricola Minnelea, accurately indicating the defects and flaws found.

9.2 The Customer may ask, at his choice, the seller to repair the good or to replace it, free of charge in both cases, unless the requested remedy is objectively impossible or excessively onerous compared to the other. The Customer may request, at his choice, an appropriate price reduction or the termination of the contract where: repair and replacement are impossible or excessively onerous; the seller has not provided for the repair or replacement of the good within the appropriate term as provided for by paragraph 5 of Art. 130 of the Italian Consumer Code; the replacement or repair previously carried out has caused significant inconvenience to the consumer.

SHIPPING COSTS

10.1 The Shipping Costs are clearly specified in the product sheet and at the conclusion of the order. Customers can at any time check whether the product of their interest requires a contribution to transport costs or not by checking for the presence of the appropriate "Free Shipping" wording.

Before the conclusion of the contract and before sending the order, the system will highlight the exact amount.

RIGHT OF WITHDRAWAL AND ITS EXCLUSIONS

11.1 Right of withdrawal

The Customer who, for any reason, is not satisfied with the purchase, has the right to withdraw from the contract without giving any reason, within 14 days. The withdrawal period expires after 14 days from the day on which the Customer or a third party designated, other than the carrier, acquires physical possession of the goods. To exercise the right of withdrawal, the Customer is required to inform Azienda Agricola Minnelea of his/her decision to withdraw from this contract by means of an explicit declaration (for example a letter sent by post, fax or email).

The Right of withdrawal — in addition to compliance with the terms and methods described in the previous paragraphs — is deemed to be correctly exercised if the following conditions are also fully respected:

– the Products are intact and do not arrive damaged;

– the Products have not been used;

– the Products have been returned in their original packaging which must be intact;

The right of withdrawal applies to Products purchased in their entirety. It is not possible to exercise withdrawal only on part of the Product. The return costs will be borne by the customer who will choose at his discretion the methods and the carrier for the return.

11.2 The goods must be returned intact to the address

Azienda Agricola Minnelea
Via Serra 12 — 84060 Moio della Civitella (SA), Italy

The consumer is only liable for the diminished value of the goods resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.

11.3 Effects of withdrawal

In the event of exercise of the right of withdrawal, in compliance with the terms indicated, Azienda Agricola Minnelea will refund all payments received, including delivery costs (with the exception of the additional costs deriving from any choice of a type of delivery other than the least expensive type of standard delivery offered), without undue delay and in any case no later than 14 days from receipt of the declaration of withdrawal. The refund may be withheld beyond the 14 days only until the Customer has demonstrated that he has shipped the goods back or until they have been received, whichever situation occurs first.

11.4 Exceptions to the right of withdrawal

The Customer cannot exercise the said right in the following cases provided for by art. 59 d) e) of the Italian Consumer Code: the supply of goods which are liable to deteriorate or expire rapidly; the supply of sealed goods which are not suitable for return for reasons of hygiene or related to the protection of health and have been opened after delivery.

With reference to the cases of exclusion of withdrawal listed above, the Customer is, in particular, informed and accepts that among the Products that "are liable to deteriorate or expire rapidly" are all food Products (including wines, spirits and beverages) since the characteristics and qualities of these types of Products are subject to alteration also as a consequence of inappropriate storage. Therefore, for hygienic reasons and for the protection of Customers, the right of withdrawal is applicable solely to Products purchased on the Site that can be returned to the Online Shop and put back on the market without dangers to the health of consumers.

In cases of exclusion of the right of withdrawal, Azienda Agricola Minnelea will return to the Customer the Products purchased, charging the same with the shipping costs.

FORCE MAJEURE

12.1 Azienda Agricola Minnelea will be released from the obligation of fulfilment and execution of this contract due to force majeure, temporary or definitive, such as — by way of example and not limited to — strikes, arrests, fires, natural and/or atmospheric events and for any other cause occurring outside the control of Azienda Agricola Minnelea and not attributable to it, even pre-existing, that prevents or aggravates the total or partial execution of this contract.

ERRORS OR INACCURACIES IN THE ONLINE SHOP

13.1 Azienda Agricola Minnelea undertakes to constantly check the Online Shop in order to avoid errors or inaccuracies. However, it is possible that the Online Shop contains, or may over time contain, errors, inaccuracies or omissions. Azienda Agricola Minnelea therefore reserves the right to correct the errors, inaccuracies or omissions contained in the Online Shop even after an Order has been sent and also reserves the right to change or update the information at any time without prior communication to the Customers.

INTELLECTUAL PROPERTY

14.1 All intellectual property rights connected to the Online Shop (including the contents and photographic images) are reserved. The Online Shop and its contents may not be reproduced either in whole or in part, transferred by electronic or conventional means, modified, linked to or used for any purpose whatsoever without the prior written consent of Azienda Agricola Minnelea.

PRIVACY

15.1 Please view the dedicated page and in particular the Privacy Policy of Azienda Agricola Minnelea.

APPLICABLE LAW

16.1 The General Conditions and the Contracts are governed by Italian law and must be interpreted in light of it.

The images of the product packaging may differ in whole or in part from the originals.