Terms and conditions
Effective February 29, 2024, Fattoria Il Cipresso di A. Marcelli, headquartered in Arezzo, Loc. il cipresso n 62, Rigutino, p. iva 01956340515 (the “Company”) is the owner of the website www.ilcipresso.com through which you can purchase the products of the above-mentioned agricultural food and non-food company (“Products”).
A user of the Site (“User”) is a natural person, interested in using the Site, acting in the capacity of: (i) “consumer” as defined in Art. 3, lett. a, D.lgs. n. 206/2005 (“Codice del Consumo“); oppure (ii) professional, pursuant to Art. 3 lett. c, Consumer Code (“Customer”). In the latter case, the provisions of the Consumer Code will not apply. Users declare that they are at least 18 (eighteen) years old and have the capacity to act. The User is invited to download and store on a durable medium these terms and conditions and the privacy policy pursuant to Article 13 of EU Regulation 2016/679 (“Privacy Policy”), drafted by Fattoria il Cipresso (“Terms and Conditions”).
Article 1 – REGISTRATION AND CANCELLATION.
In order to purchase and access the private area of the Site, the User is required to create a personal and confidential profile (“Profile”) and complete the registration process, as outlined below (“Registered User”):
(i) entering the User’s e-mail, password;
(ii) Click on “Register” button.
With the finalization of said registration procedure, the Registered User subscribes:
(i) these Terms and Conditions;
(ii) the following clauses pursuant to and for the purposes of Articles 33 and 34 of the Consumer Code for acknowledgement and express acceptance of the same: Art. 1 Registration and Cancellation; Art. 2 Services and Delivery; Art. 3 User Commitments; Art. 6 Warranty, Limitation of Liability and Conformity Defects; Art. 8 Withdrawal; Art. 9 Express Termination Clause; Art. 10 Force Majeure;
(iii) the Privacy Policy;
(iv) optional provision of consent to the processing of personal data for the purpose referred to in point 3 d) of the Privacy Policy (only in the case of clicking in the dedicated box).
The Terms and Conditions shall be deemed concluded when the Registered User receives confirmation from Fattoria Il Cipresso, via e-mail, that the aforementioned document has been validly signed. The Registered User, by accessing the Profile, can supplement/edit/delete the Profile or book a Service and, in general, enjoy the Services as defined below.
Article 2 – USER COMMITMENTS.
The User agrees to:
- Keep strictly confidential and not make available to third parties the credentials for accessing the Site, including the Password;
- not include in the Registration and in general in the Site, nor communicate to Fattoria Il Cipresso for the purpose of identification and/or use of the Services, personal data of third parties, false, fictitious or otherwise intentionally incorrect or untrue data;
- to use the Site in accordance with applicable laws in force (including, without limitation, the personal data processing regulations set forth in EU Regulation 2016/679 and Legislative Decree No. 196/2003), the Terms and Conditions and any further instructions provided by Fattoria il Cipresso (including through the Site) or by third parties prior to the commencement of the Services;
- Do not use the Site in a fraudulent and/or rights-infringing manner ;
- not engage in any type of conduct, action or behavior that could potentially impair in any way the proper functioning of the Site;
- To create a single Profile. The latter is named and can be used only by the Registered User;
- not create and/or use additional Profiles attributable to a Registered User’s household;
- not to exercise and abuse the right of cancellation under Article 17 of the EU Regulation 2016/679 with the purpose of creating another profile, turn out to be a new Registered User and obtain an additional discount code to apply to their purchases. In particular, the User acknowledges and agrees that, in the event of an attempt to create a new profile within a time frame of less than one year from the exercise of said right of cancellation, The Cypress Farm will prevent and block the finalization of the creation of a new Profile and the User will not be able to use the Services;
- Do not perform web scrapping (i.e., massive, automated extraction of information contained on the Site);
- subject to Article 7 below, always check the label and information on purchased Products before using them.
The User acknowledges and agrees that no price change, upward or downward, including any promotions, occurring at any time before or after the confirmation of the order will be considered. The cost of delivery and service handling is not included in the price of the Products, unless expressly stated.
In the event of User’s failure to comply with any of the above commitments, without prejudice to any further remedy in favor of Fattoria il Cipresso, User agrees to indemnify and hold Fattoria il Cipresso harmless from any and all claims, damages, or prejudicial effects that may arise, either directly or indirectly, from claims of third parties (including, but not limited to, other Users or any authorities) by reason of such failure.
Article 3 – INVOICING.
You can request invoice issuance by sending billing information including tax code and/or VAT number to info@ilcipresso.com. By completing the purchase order, the User expressly authorizes the Company to make available the receipt/invoice for the purchase.
Article 4 – METHOD OF PAYMENT
The Company’s acceptance of the purchase order will result in the immediate charge of the order amount and delivery service fee (“Fee”) with one of the following selected payment methods: Credit Card or Paypal, Apple Pay.
To ensure maximum security, Customers carry out the transaction on the provider’s site where it will be able to make payment in the manner accepted by the provider and in accordance with the relevant conditions. Credit card payment data are processed directly by the payment system provider.
Article 5 – WARRANTY, LIMITATIONS AND LIABILITY AND DEFECTS OF CONFORMITY.
By signing the Terms and Conditions, the Company agrees to ensure the substantial operation of the Site in accordance with industry standards for the provision of the Services.
In any case, the User declares that he/she is aware and accepts that, in general, it is in the nature of software products (such as the Site) not to be completely error-free. Consequently, the User expressly agrees that the possible existence of errors in the Site, in and of itself, unless arising from the willful misconduct or gross negligence of the company within the meaning and effect of Article 1229 of the Civil Code, does not constitute a breach of the obligations assumed by the latter by reason of and/or in connection with the Terms and Conditions.
The Company disclaims any responsibility for information provided and/or acquired directly from individual Product manufacturers and posted on the Site in the individual product sheet.
The Company assumes no responsibility for content created or published on third party sites with which the Site has a hyperlink (“link”). The User who decides to visit a website linked to the Site does so at his or her own risk, assuming the burden of taking all necessary measures against viruses or other malware.
The Registered User acknowledges and accepts that sporadically all the Products indicated in the order sent and accepted by the Company may not be delivered. In such event, the Company will promptly refund the amounts for the Products ordered and not delivered and shall not be held liable for any additional loss and/or damage incurred due to non-delivery.
The Company shall not be liable for any delays incurred during transportation or for damage caused to the Products by the transportation company that handled the delivery.
Notwithstanding the above, in case of conformity defects of Products sold , the Customer shall immediately contact customer service by sending an e-mail to info@ilcipresso.com and attaching proof of the Product’s non-conformity. The legal warranties provided for in Articles 129, 130 and 132 of the Consumer Code shall apply to the sale of Products. The Customer has the right, at its option and provided that the type of Product allows it, to the restoration, without charge, of the conformity of the Product by repair or
Article 6 – INTELLECTUAL PROPERTY RIGHTS.
The User acknowledges that the intellectual and industrial property rights and know-how relating to the Site and/or Services (“IP Rights”) are the exclusive property and/or in the full availability of the company and will remain the exclusive property and/or in the full availability of the company for the duration of the Terms and Conditions and even following their termination.
Article 7 – TERM AND WITHDRAWAL
These Terms and Conditions are of indefinite duration. Pursuant to Article 59(1)(d) and (e) of Legislative Decree No. 206 of September 6, 2005 (Consumer Code), the right of withdrawal is excluded in relation to:
- goods purchased by a customer who is not a consumer and/or requires an invoice;
- assets that are likely to deteriorate or expire rapidly;
- Sealed goods that do not lend themselves to return for hygienic reasons
With reference to the cases of exclusion of the right of withdrawal listed above, the Customer, in particular, is informed and accepts that the Products that are “likely to deteriorate or expire rapidly” include both all food products, as the characteristics and qualities of these types of Products are also subject to alteration as a result of improper storage. Therefore, for reasons of hygiene and protection of Customer Users, the right of withdrawal is applicable only for Products purchased on the Site that can be returned, undamaged in their respective seal, and put back on the market without danger to the health of consumers.
The Customer may exercise the right of withdrawal, pursuant to art. 52 et seq. of Legislative Decree 206/2005, in relation to specific Products, other than those listed in the preceding paragraph and in assumptions other than those indicated in paragraph 11.1 above, provided that these, after delivery, have not been opened or their seals altered.
In cases where the exercise of the right of withdrawal is permitted, the Customer 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 Customer must send, within the period of 14 days from the date of delivery of the Products, a written notice by e-mail to the following e-mail address info@ilcipresso.com with the subject “Exercise of the right of withdrawal”, providing the following information:
- Order number and date of purchase;
date of delivery of the order; - Customer’s name and address;
- The provision of an e-mail and telephone number for the Customer;
code of the article or 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 consists of more than one component or part, the right of withdrawal cannot be exercised on only part of the Product purchased.
Upon receipt of the notice of exercise of the right of withdrawal, will open a file for the management of the return and communicate to the Customer the instructions on how to return the Products, which will be done by courier indicated by itself.
In case of exercise of the right of withdrawal will refund the Customer 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 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 Customer.
Article 8 – EXPRESS RESOLUTION CLAUSE.
The Company reserves the right to delete the Profile and/or not to allow the User access and use of Site and Services or any part thereof, at any time and with immediate effect, in case of User’s continued failure to access and/or in case of User’s breach of his/her obligations provided under Articles 1 (Site Registration), 4 (Payment Terms), 3 (User’s Commitments) above. Regarding these Users, the company is authorized without prior notice to cancel the orders placed and not yet delivered.
Access to the Site may also be temporarily interrupted in case of technical problems or to ensure its maintenance.
At any time, the Company may make improvements and/or changes to the Site and Services if this is necessary for technical reasons or in order to comply with applicable regulations.
Article 9 – AMENDMENT OF TERMS AND CONDITIONS.
The User acknowledges and agrees that the company may at any time modify the Terms and Conditions due to changing technical requirements (considering that the Services are performed with constantly evolving technologies), economic and managerial requirements and due to changes and reforms in applicable laws and regulations (including, but not limited to, the Fees, the type and manner of performance of the Services.
In particular, the User acknowledges and agrees that:
- qualora la modifica abbia unicamente ad oggetto il funzionamento tecnico del Sito, la stessa diverrà immediatamente efficace tra le Parti, senza che l’Utente possa eccepire alcunché;
- if the modification is required, under penalty of nullity or invalidity of one or more provisions of the Terms and Conditions, by reforms of applicable laws and/or regulations, the same shall become effective immediately between the Parties, without the User being able to object to anything.
Article 10 – USER SERVICE AND COMPLAINTS.
The company’s service and support for access and proper operation of the Site and Services is available Monday through Saturday, 7:00 a.m. to 10:00 p.m., and Sunday, 8:00 a.m. to 10:00 p.m., at the following references info@ilcipresso.com.
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 the Company at the e-mail address info@ilcipresso.com, through the “Contact Us” section of the Site.
Article 11 – ONLINE RESOLUTION OF CONSUMER DISPUTES (“ODR”).
In the event of a dispute, pursuant to Article 14 of Regulation 524/2013, the User may file a complaint by means of the European Union ODR platform reachable here.
The ODR platform provides an access point for Users who wish to resolve disputes arising from online sales or service contracts out of court.
Article 12 – APPLICABLE LAW AND EXCLUSIVE FORUM.
These Terms and Conditions shall be governed exclusively by Italian law. For any dispute concerning these Terms and Conditions, including its execution, interpretation and/or termination for any reason whatsoever, the ‘judicial authority of the court located in the place where the User has his residence or elective domicile shall have exclusive jurisdiction, unless the User expressly chooses to use the court of Arezzo.
Last modified: 01-03-2024
