GENERAL CONDITIONS OF SALE
These General Conditions of Sale govern relations occurring between the Azienda Agricola Francesco De Tacchi (hereinafter referred to as the Vendor) and the Client in connection with the purchase of products made remotely via the Internet (and in this specific case, through the website www.detacchi.it). With regard to any matter not expressly specified in these General Conditions of Sale reference shall be made to the provisions of Legislative Decree 206 of 6 September 2005 and the applicable provisions of the Italian Civil Code.
Acceptance of the general conditions of sale
The contract stipulated between the Vendor and the Client shall be considered as defined and fully entered into at the time of acceptance of the order, also solely on a partial basis, on the part of the Vendor. Such acceptance shall be deemed as having tacitly occurred if it is not otherwise communicated in any manner whatsoever to the Client. When placing an order in the various ways that are established the Client declares that he/she has viewed and is aware of all of the information provided to the same during the purchasing procedure and that he/she fully accepts the General Conditions of Sale and Payment transcribed below.
If the Client is a consumer, i.e. a natural (individual) person who buys goods for purposes not related to his/her professional activity, once the online purchase procedure has been completed the client should print or save an electronic copy and in any case keep a record of these General Conditions of Sale in accordance with the provisions of articles 52 and 53 of Legislative Decree 206/2005 concerning distance selling.
Any right of the Client to claim damages or compensation and also any contractual or extra-contractual liability for direct or indirect damage to persons and/or property caused by failure to provide full or partial acceptance of an order is excluded.
At the time the order is placed the Client may only purchase the products listed in the electronic catalogue of the Vendor as presented in the website (URL) http://www.detacchi.it and as described in the relative information sheets. It is understood that, while offering an illustration as faithful as possible to reality, the images accompanying the description of a product may not provide an absolutely perfect representation of the same. Moreover, all information provided to facilitate the process of purchasing each single article shall be taken as merely generic information. In particular the images presented are for illustration purposes only and do not purport to provide detailed information regarding the products. For a precise specification concerning the products reference should be made to the descriptions provided in the corresponding texts.
The correct receipt of an order is confirmed by the Vendor via an e-mail message, which will be sent to the address supplied by the Client at the time of registration. This confirmation will contain the date and time of execution of an order and an Order Number to be used in any further communication with the Vendor. The message will include all of the details entered by the Client, who undertakes to verify their correctness and to promptly submit any corrections to the e-mail address email@example.com.
In the case of non-acceptance of an order the Vendor will ensure the Client is promptly notified.
Methods of payment
The Vendor offers various payment method options:
- PayPal/Credit Card (via the PayPal platform).
- Advance electronic bank transfer.
PayPal / Credit Card
Through the PayPal platform, a leading worldwide operating system in the payment-processing sector, Clients can effect payment using major credit cards or a PayPal account. The transactions are carried out in a totally safe manner thanks to innovative systems providing protection against fraud. The Client is reminded that it is not necessary to be a registered PayPal user in order to complete the transaction. For further information see www.paypal.it.
If an order is cancelled by the Client or, in the case of non-acceptance of the same by the Vendor, the amount initially paid shall be fully returned and credited to the Client not later than 30 days following the date of cancellation.
At no time during the purchasing procedure will the seller be able to acquire additional information/disclosures relating to the buyer’s credit card. Such data will not be retained in any of the Vendor’s computer archives. Thus, in no event may the Vendor be held liable for any fraudulent or improper use of credit cards on the part of a third party at the time of paying for products purchased through the website www.detacchi.it.
Advance bank transfer
When paying by means of an advance bank transfer the product(s) ordered by the Client shall be reserved until receipt of the proof of payment, which must be forwarded to the Vendor (by fax or e-mail) before and not later than 5 (five) days following the date of acceptance of an order. Shipping of ordered products will take place only after the actual crediting of the amount due to the current (checking) account of the Vendor, which must occur within 5 (five) working days from the date of acceptance of the order. Beyond this deadline, the order will be deemed as automatically cancelled. The bank-transfer payment reference (reason for effecting payment) must include:
- Name and surname of the person/subject placing the order.
- The order reference number;
The sum due must be paid into the current (checking) account of the Vendor, using the IBAN number IT 98 L 02008 60230 000008104578.
Delivery method and charges
The goods will be delivered by courier with a special accompanying reference data sheet having no fiscal effect. Online sales are in fact assimilated with mail-order sales, which are exempt from any obligation regarding the certification of payable amounts by means of sales receipts having fiscal value pursuant to sub-section ‘oo’ of Art. 2 of Presidential Decree 696/1996 and Resolution 274/E of 2009. No invoice will be issued unless this is specifically requested by the Client. In this case the document issued by the Vendor will be forwarded, together with the goods or via e-mail, to the person who placed the order (as required by Art. 14 of Presidential Decree 445/2000 and Leg. Decree 52/2004). For issuance of an invoice, reference will be made to the information provided by the Client at the time the order was placed. No variation may be made following issuance thereof.
Delivery times vary from 3 to 7 working days, depending on the destination.
Charges for transportation costs and handling will be clearly indicated at the time the order is submitted. Payment of the goods by the Client will occur using the method chosen when an order is placed. No further charges will be owing on the part of the Client with respect to the total sum of the order.
No liability may be attributed to the Vendor in the case of a delay in processing an order or late delivery of the same.
Unless otherwise specified by our Customer Service (which may be contacted via the e-mail address firstname.lastname@example.org) delivery will occur at the address of the purchaser. When the courier delivers the goods, the Client will be responsible for checking:
- that the number of boxes delivered corresponds to the number indicated in the shipping document;
- that the packaging is intact and not damaged or wet or in any case altered, also with respect to the sealing materials used (adhesive tape or metallic binding strips).
Any damage to the packaging and/or to the product or a mismatch regarding the number of packages or indicated data must be immediately reported, placing the wording ‘RISERVA DI CONTROLLO’ [or: ‘SUBJECT TO INSPECTION AND VERIFICATION’] on the delivery note of the courier. Once the document of the courier has been signed the Client can not present any claim or objection concerning the external characteristics of the goods delivered.
Any problems concerning the physical integrity, the correspondence or completeness of delivered items must be reported within 7 (seven) days from delivery in the manner established in the document.
The published prices are inclusive of VAT at the rate of 4%, 10% or 22% (depending on the type of goods proposed) in compliance with Italian regulations; prices are subject to modification at any time without notice.
For purchases made by subjects who do not hold a VAT registration (i.e. a natural person who buys goods for purposes not related to his/her professional activity or who does not make a purchase indicating to the Vendor in the order form a reference to a VAT registration) and who are resident in the territory of the Republic of Italy or in the European Community the price is already inclusive of VAT of 4%, 10% or 22%; the price of the product is therefore as indicated in the website.
For purchases made by subjects who hold a VAT registration (i.e. a natural person who buys goods for purposes related to his/her professional activity or makes a purchase providing to the Vendor a reference to a VAT number in the order form) and are resident in the territory of the European Community, with the exception of Italy, VAT is not applied as such operations are not considered subject to the addition of this tax pursuant to Art. 41 of Legislative Decree 331/93 (at the time an order is placed the VAT of 4%, 10% or 22% will be detracted from the published price).
Unless the issuance of an invoice is expressly requested by the Client the Vendor will not issue any fiscal documentation. Online sales are in fact assimilated with mail-order sales, which are exempt from any obligation regarding the certification of payable amounts by means of sales receipts having fiscal value pursuant to sub-section ‘oo’ of Art. 2 of Presidential Decree 696/1996 and Resolution 274/E of 2009. Nonetheless, the Vendor remains obliged to keep a record of sums paid in the appropriate register as required by current regulations. In the event of discrepancies or non-compliance, particular requests or for further clarification the Vendor may be contacted via the e-mail address email@example.com.
Right of withdrawal
In accordance with Articles 64, 65, 66 and 67 of Legislative Decree 206/2005 if the Client is a general consumer (i.e. a person who buys goods for purposes not related to his/her professional activity and, that is, makes a purchase without indicating to the Vendor any reference to a VAT registration in the order form), he/she has right to terminate the purchase contract for any reason, without any obligation to provide an explanation and without any form of penalty, except as described below.
To exercise this right, according to Art. 64 of Legislative Decree 206/2005, the Client must forward to the Vendor a notification to that effect within 10 (ten) business days from the date of receipt of the goods. the notification must be submitted by registered mail with acknowledgement of receipt and addressed to:
Azienda Agricola Francesco De Tacchi
Via Garibaldi, 54
35010 Gazzo (PD)
The communication may also be sent by electronic mail – within the same term of 10 working days – to the address firstname.lastname@example.org or via fax (049/5995423).
Once we have received notice of a withdrawal the De Tacchi Customer Service will promptly provide the Client with instructions on how to return the goods and the same must be delivered within 10 days following authorization. With regard to expiry of the set term the goods shall be deemed as returned at the time they are delivered to the post office or to the forwarding agent engaged to carry out shipment.
The right of withdrawal shall in any case remain subject to the following conditions:
- The right applies to whole products that have been purchased; the right to withdraw from the transaction can not be exercised solely with respect to a single part or a component of a product.
- The purchased goods must be intact and returned in the entire original packaging, complete in all of its parts. To limit damage to the original packaging we would recommend, when possible, that it be placed in a second box. In all cases the use of labels or adhesive tape placed directly over the original product packaging should be avoided.
- As established by law, shipping costs for the return of the goods will be borne by the
- Until the moment of a recorded receipt of delivery at our warehouse the Client shall remain entirely responsible for the shipping process.
- If goods are damaged during transport, the Vendor will inform the Client of such an occurrence (within 5 working days following receipt of the goods at the warehouse) so as to enable the same to file a timely complaint against the carrier that was chosen and to obtain reimbursement of the value of the goods (if insured); in this case the product is made available to the Client for its return, while simultaneously cancelling the request for withdrawal.
- The Vendor shall not be liable in any way whatsoever for damages or theft/loss of goods returned by means of an uninsured shipment;
- Upon its arrival at the warehouse, the product will be inspected to verify whether any damage has occurred or whether there has been any mishandling not related to the transportation process.
- If the wrapping and/or original packaging are damaged, the Vendor will deduct a percentage from any refund that is due and in any case this shall not exceed 15% of the amount to be refunded. This charge will serve as a contribution towards the cost of recovery.
Without prejudice to costs incurred for the repair of any ascertained damage to the original packaging, within 10 days following the return of the goods the Vendor shall refund to the Client the full amount previously paid via a reverse transfer of the sum which was debited to the client’s credit card or paid via bank transfer. In the latter case, the Client will have to promptly provide the details of the bank account to which the reimbursement is to be transferred (ABI/CAB codes and the number of the bank account of the subject who placed the order).
In the case of a registered Client who effected payment through a PayPal Account, the Vendor shall, within the same period of time, carry out a refund of the amount to the specified PayPal account.
The right of withdrawal will be forfeited entirely, owing to the absence of the essential condition of the integrity of the goods (outer wrapping or packaging and/or contents), in cases where the Vendor ascertains:
- the absence of the original outer and/or internal packaging;
- the absence of product components;
- damage to the product for causes other than its transport.
In the case of forfeiture of the right of withdrawal, the Vendor will return to the sender the property that was purchased, and charging the shipping costs to the same.
The Vendor shall ensure compliance with all regulations regarding the conservation of products during their period of storage at the warehouse. For all products sold the liability of the manufacturer shall remain valid.
The personal data requested when placing the order are collected and processed for purposes related to the provision of the required service and are in any case in compliance with EU regulation no. 679/2016 (GDPR). All information is available here.
Any complaint must be addressed to:
Azienda Agricola Francesco De Tacchi
Via Garibaldi, 54
35010 Gazzo (PD)
It should be noted and it remains understood that the sales contract between the Client and the Vendor is stipulated in Italy and is thus regulated under Italian law. For the settling of any civil and penal disputes arising from the conclusion of this sales contract, if the Client is a consumer, the competent jurisdiction shall be that referred to within the municipality where the client is resident; in all other cases, the competent territorial jurisdiction shall remain exclusively that of the Court of Law of Padua (Italy).