Sicily Avocado
Phone
Production address
agricultural
The real Sicilian Avocado at zero kilometers, from the plant to the consumer
Via Prov.le per S.M. Ammalati SNC
Acireale (CT)
95024
Italy
Copyright © 2023 Sicily Avocado by B&C ss agricola - Tax Code and VAT No. 05249320879 - R.I. CT- 05249320879 - REA: CT-353335 - PEC: info@pec.bec-ss-agricola.it
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Sicily Avocado
Sicilian Avocado
Sicily Avocado
Sicilian Avocado
Terms and conditions of sale
Premise
These general conditions of sale (hereinafter, "General Conditions") govern the purchase of agricultural products (hereinafter, the "Products") made remotely, via the internet, from the site https://www.sicily-avocado.it called Sicily Avocado (hereinafter, the "Site") in compliance with Italian legislation as per Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, "Consumer Code").
The Products are made available and offered for sale by B&C società semplice agricola with registered office in Giarre (CT), Via Vincenzo Gioberti 4/a, Tax Code/VAT No. 05249320879 (hereinafter the “Supplier”), email address info@sicily-avocado.it.
The consumer who accesses the Site is required, before making purchases, to carefully read these General Conditions, which have been made available to them on the Site.
Contracts concluded with B&C società semplice agricola through the Website are governed by these General Conditions in compliance with Italian law. The languages available for concluding the contract are Italian and English.
Definitions
1.1. The term "online sales contract" refers to the contract of sale relating to the Supplier's Products, entered into between the Supplier and the Buyer within a remote sales system using telematic tools, organized by the Supplier.
1.2. The term “Buyer” refers to the consumer, a natural person, who purchases the Products.
1.3. The term "Provider" refers to the entity indicated in the heading or the entity providing the information services.
Subject of the contract
2.1. With the conclusion of the contract, respectively, the Supplier sells and the Buyer purchases remotely through telematic means the Products indicated and offered for sale on the website https://www.sicily-avocado.it
Contract conclusion methods
3.1. The contract between the Supplier and the Buyer is concluded exclusively via the internet by the Buyer accessing the address https://www.sicily-avocado.it, where, following the indicated procedures, the Buyer must complete and submit the order form in electronic format. In particular, the Buyer must add the Product to the "Cart," click on "Complete Order," then enter the billing and shipping information (only if different from the billing information) and, after reviewing these General Conditions and the privacy policy, confirming their acceptance, select the desired payment method. Once payment has been made, the order placed by the Buyer will be considered a contractual proposal.
Conclusion and effectiveness of the contract
4.1. The purchase contract between the Supplier and the Buyer is considered concluded upon acceptance of the order by B&C società semplice agricola. Such acceptance is communicated to the Buyer by sending a printable order confirmation email, containing the order number, the list of Products ordered as well as the details of the purchaser, the price of the Product purchased, shipping costs, methods and terms of payment, the address where the Product will be delivered, and the estimated delivery times.
4.2. The contract shall not be considered finalized and effective between the parties in the absence of what is indicated in the previous point.
4.3. After checking the order confirmation email, if the Buyer identifies any errors in the order, they must communicate such errors within twelve (12) hours of receiving the email. After this period, the order will be processed for shipment and no further changes will be accepted, without prejudice to the Buyer's rights.
Product Information
5.1. The information and descriptions relating to the Products are available on the Website and are provided before the conclusion of the purchase. All supporting information for the purchase should be understood as simple generic informational material.
5.2. All information about the Products is provided in Italian.
5.3. 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 is solely intended to present them for sale and may not perfectly represent their characteristics and qualities. In case of any discrepancy between the image and the written product sheet, the description in the product sheet shall always prevail.
Payment and refund methods
6.1. The Buyer must make the payment exclusively online by credit card, via PAYPAL, or by bank transfer. In case of payment by bank transfer, we suggest that you send a copy of the transfer with the order number as the subject to the email address: info@sicily-avocado.it ).
6.2. Any refund to the Purchaser will be credited using one of the methods proposed by the Supplier and chosen by the Purchaser, in a timely manner.
6.3. The website uses the highest commercially available security measures in the industry.
Delivery times and methods
7.1. Shipping costs are clearly indicated during the purchase procedure.
7.2. The Supplier will deliver the Products purchased on the Site to the address indicated by the Buyer during the purchase procedure via express courier (hereinafter "Courier"). The Supplier will not be responsible for delays that are unforeseeable or not attributable to it.
7.3. In any case, except in cases of force majeure or unforeseeable circumstances, the ordered Products will be delivered within 6 (six) working days from the day following the day on which the Supplier received payment.
7.4. Upon delivery, the Buyer is required to check:
- that the packaging is intact, not damaged, not wet, or otherwise altered;
- that the number of packages matches what is indicated in the transport document.
Any damage to the product or packaging, or any discrepancies in the information, must be immediately reported to the Courier by placing a "Written reservation of inspection" on the Courier's delivery receipt. Once the courier's document has been signed, the Buyer will not be able to make any claims regarding the external characteristics of the delivered goods.
7.5. In the event of failure to collect the material held in storage at the Courier's warehouses due to repeated inability to deliver to the address indicated by the Buyer at the time of the order, the order will be canceled due to the fault and responsibility of the Buyer and the price will in any case be retained, with all additional expenses incurred by the Supplier as sender charged to the Buyer.
7.6. Should the purchased products be delivered outside the national territory, the Buyer is responsible for the payment of any import charges and taxes, as well as any duties and customs fees required by the regulations in force in the destination territory of the products.
Prices
8.1. All sales prices of the Products displayed and indicated on the Site are expressed in Euro.
8.2. The sale prices, referred to in the previous point, include VAT and any other applicable tax unless otherwise indicated by the Supplier. Shipping costs and any additional charges, if present, although not included in the purchase price, are indicated and calculated in the purchase procedure before the order is submitted by the Buyer.
Product Availability
9.1. The Supplier ensures, through the telematic system used, the processing and fulfillment of orders without delay.
9.2. The Supplier's IT system confirms the registration of the order as soon as possible by sending the Buyer a confirmation by email.
9.3. If an order exceeds the quantity available in the warehouse, the Supplier will inform the Buyer by e-mail of the temporary unavailability of the Products and the expected waiting times for them, asking whether they wish to confirm the order or not.
Limitations of liability
10.1. The Supplier assumes no responsibility for disruptions attributable to force majeure, in the event that it is unable to execute the order within the timeframes specified in the contract.
10.2. The Supplier cannot be held liable to the Purchaser, except in cases of willful misconduct or gross negligence, for service disruptions or malfunctions related to the use of the internet network outside its own control or that of its subcontractors.
10.3. The Supplier shall also not be liable for any damages, losses, and costs incurred by the Buyer as a result of the non-fulfillment of the contract for reasons not attributable to the Supplier, with the Buyer being entitled only to a full refund of the price paid and any ancillary charges incurred.
10.4. The Supplier assumes no responsibility for any fraudulent or unlawful use that may be made by third parties of credit cards or the Paypal payment system at the time of payment for the Products purchased, provided that it demonstrates that it has taken all possible precautions according to the best knowledge and experience of the time and according to ordinary diligence.
Obligations of the Buyer
11.1. The Buyer undertakes to pay the price of the Product purchased within the time and in the manner indicated by the contract.
11.2. The Buyer undertakes, once the online purchase procedure has been completed, to print and keep this contract.
11.3. The Buyer acknowledges and declares to have read all the information provided during the purchase procedure and to fully accept these General Terms and Conditions and payment terms.
Right of withdrawal
12.1. In accordance with the provisions of Art. 59 of the Consumer Code Legislative Decree 6 September 2005 no. 206 (and subsequent amendments and additions), perishable products, products with a short shelf life, or products at risk of deterioration are excluded from the right of withdrawal.
Non-compliant product
13.1. In case of receiving a non-compliant product, it is necessary to send a report via email to info@sicily-avocado.it with photos, so that the non-compliance can be acknowledged, within and no later than 24 hours from receipt of the product. After this period, the Supplier does not assume responsibility for the product.
Errors and Limitations of liability
14.1. 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 the Supplier cannot be held responsible, except in cases of willful misconduct or gross negligence.
14.2. The Supplier reserves the right to correct errors, inaccuracies or omissions even after an order has been placed, or to modify or update information at any time without prior notice, without prejudice to the rights of the Purchaser under these General Conditions and the Consumer Code.
14.3. Except in cases of willful misconduct or gross negligence, any right of the Buyer to compensation for damages or the recognition of an 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 non-acceptance or even partial fulfillment of an order.
Privacy
15.1.1 B&C società semplice agricola will process the Customer's personal data in compliance with art. 13 of Legislative Decree 30.06.2003, 196 ("Personal Data Protection Code") and art. 13 of EU Regulation no. 2016/679 (“General European Regulation on the Protection of Personal Data”)
Grounds for termination
16.1. The obligations referred to in point 11.1, assumed by the Buyer, as well as the guarantee of successful payment made by the Buyer using the means referred to in art. 6.1, are of an essential nature, so that by express agreement, the non-fulfillment of even just one of these obligations, unless caused by unforeseeable circumstances or force majeure, will result in the automatic termination of the contract pursuant to art. 1456 of the Civil Code, without the need for judicial intervention.
Intellectual and industrial property rights
17.1. B&C società semplice agricola informs that the Site, as well as all trademarks and distinctive signs used by it in relation to the sale of the Products, are protected by applicable intellectual and industrial property rights and that any type of reproduction, communication, distribution, publication, alteration or transformation, in any form and for any purpose, of the contents of the Site, trademarks, and distinctive signs used by B&C società semplice agricola is prohibited.
Contract storage methods
18.1. Pursuant to art. 12 of Legislative Decree 70/2003, the Supplier informs the Buyer that every order sent is stored in digital/paper form on the server/at the Supplier's headquarters, according to criteria of confidentiality and security.
Communications and complaints
19.1. Written communications addressed to the Supplier and any complaints will be considered valid only if sent by registered mail with return receipt to: B&C società semplice agricola at the following address: Via Vincenzo Gioberti 4/a – Giarre (CT), or sent via PEC (Certified Electronic Mail) to the address info@pec.bec-ss-agricola.it .
19.2. The Buyer indicates in the registration form their residence or domicile, the telephone number or email address to which they wish the Supplier's communications to be sent.
Applicable law and competent court
20.1. The sales contract between the Buyer and B&C società semplice agricola is considered concluded in Italy and governed by Italian law.
20.2. For the resolution of disputes relating to the interpretation, execution or termination of these General Conditions or individual purchase orders, if the Buyer is a consumer pursuant to the Consumer Code, the court of the Buyer's place of residence or domicile, if located in Italian territory, shall have exclusive jurisdiction; in all other cases, the exclusive territorial jurisdiction shall be that of the Court of Catania (Sicily – Italy), with any other competent court excluded.
Changes to the general terms and conditions of sale
21.1. B&C società semplice agricola reserves the right to modify the Site, its content, and these General Terms and Conditions of Sale at any time to offer new products or services, or to comply with legal or regulatory provisions. The Buyer will be subject to the terms of the General Terms and Conditions of Sale in force at the time the Product is ordered, unless any changes to these policies and terms are required by applicable law or by the competent authorities (in which case, they will also apply to orders previously placed). Should any provision of these General Terms and Conditions be deemed invalid, void, or for any reason unenforceable, such Condition shall not affect the validity and effectiveness of the other provisions.
B&C simple agricultural company
Sicily Avocado
Phone
Production address
agriculturalThe real Sicilian Avocado at zero kilometers, from the plant to the consumer
Via Prov.le per S.M. Ammalati SNC
Acireale (CT)
95024
Italy