General Terms and Conditions of Sale

(pursuant to Chapter I, Title 3, Part 3, of Legislative Decree 206/2005 and subsequent amendments and additions)

1. Introduction and validity of the General Terms and Conditions

These general terms and conditions of sale (hereinafter, “General Terms and Conditions”) govern the purchase of products and services, carried out remotely and made available via the internet on the website www.masseriacalongo.com (hereinafter referred to as the “Website”) in accordance with Italian legislation referred to in Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter referred to as the “Consumer Code”).

The seller of the products and owner of the Website is: Masseria Calongo – Società Agricola Masseria Calongo s.s. – Contrada Calongo, 4 72014 CISTERNINO (BR) VAT number 02532550742 – REA BR – 165200 – Email address: [email protected] (hereinafter “Masseria Calongo”).
Consumers who access the Website to make purchases (hereinafter referred to as “Customers”) are required, before placing an order, to carefully read these General Terms and Conditions, which are made available to them on the Website and which can be consulted at any time by the Customer, including via the link contained in the order confirmation email, so that they can be reproduced and stored.

In the event that the person making purchases on the Website requests an invoice and/or is not a “consumer or user” as defined in Article 3, paragraph 1, letter a) of the Consumer Code, the withdrawal provisions set out in Articles 7 and 8 of these General Terms and Conditions shall not apply, nor, more generally, shall the provisions that, pursuant to the same Consumer Code, apply only to “consumers”.
Contracts concluded with Masseria Calongo through the Website are governed by these General Terms and Conditions in accordance with Italian law. The language available for concluding the contract is Italian.

2. Selecting and ordering Products

The characteristics and price of the various products for sale on the Website (hereinafter referred to as “Product” or “Products”) are listed on the page relating to each Product.
To purchase the Products, the Customer must complete and submit the electronic order form, following the instructions on the Website. The Customer must add the Product to the “Shopping Cart” and, after reading the General Terms and Conditions and Privacy Policy and confirming their acceptance, must enter the shipping and billing details, select the desired payment method and confirm the order.

By sending the order from the Website, which has the value of a contractual proposal, the Customer acknowledges and declares that they have read all the information provided during the purchase process and fully accept these General Terms and Conditions and the payment terms set out herein.

The contract between Masseria Calongo and the Customer shall be deemed concluded upon acceptance of the order by Masseria Calongo. This acceptance is communicated to the Customer via an order confirmation email containing a reference to these General Terms and Conditions, the order number, shipping and billing details, the list of Products ordered with their essential characteristics and the total price, including delivery costs. The Customer shall check the confirmation email and, if they find any errors in the order, shall have 12 hours from receipt of the email to contact Customer Service directly from the Website using the “Contact Us” section and create an email indicating the order number. After this period, the order will be processed for shipment and no further changes will be accepted, without prejudice to the Customer’s rights under Article 7 below.

Once the order has been received, Masseria Calongo will check stock availability to fulfil the order. If one or more Products are unavailable, Masseria Calongo Customer Service will promptly notify the Customer by email, who will then have 12 hours to respond and confirm shipment of any additional Products available or cancel the order. If no reply is received within this period, the order will be considered confirmed and the available Products will be shipped. If only a few Products are out of stock, Masseria Calongo will fulfil the order with the available Products. In both cases, the amount relating to the missing Products will be immediately reversed depending on the chosen payment method.

3. Product Information

Information and characteristics relating to the Products are available, with the relevant Product codes, on the Website.
The visual representation of the Products on the Website, where available, normally corresponds to the photographic image accompanying the description. It is understood that the image of the Products themselves is for the sole purpose of presenting them for sale and may not be perfectly representative of their characteristics and quality, but may differ in colour and size. In the event of a difference between the image and the written product description, the description in the product description shall always prevail.

4. Prices and shipping

Product prices include all taxes and duties. All prices are quoted in Euro.

Shipments within Italy:
Throughout Italy, shipping costs will be a minimum of €10.00 and will be free for individual purchases of at least €65.00; this free shipping will not apply to purchases made using promotional codes, unless expressly indicated.

• Orders up to €65 = €10 shipping fee
• Total order value equal to or greater than €65 => free shipping

International Shipping:
For shipments abroad (to countries where this service is available), the cost will be determined on a case-by-case basis according to the “volumetric weight” (weight/size) and will be displayed on the electronic order form.

5. Payment and invoicing methods

5.1 Payment methods

The Customer may pay for the Products and related delivery costs via PayPal, bank transfer, prepaid cards, credit card, or Apple Pay.

PayPal
Once the order has been confirmed, the Customer will be redirected to the PayPal website where they can make the payment using their account or a card, including a prepaid card, or in any other manner accepted by PayPal and in accordance with the relevant terms and conditions.

Credit Card
The circuits that can be purchased on the Website are:

• Visa / Visa Electron
• Mastercard
• Maestro
• V-PAY
• MySi
• American Express

To ensure maximum security, the Customer will make the payment transaction directly on the secure server of the PayPal circuit.

The Website does not store the Customer’s credit card number, but thanks to the secure SSL communication system, from the second purchase onwards, Customers who wish to do so can proceed with registration and subsequent login without re-entering their details by selecting the appropriate option. PayPal uses SSL protocol to encrypt the data transmitted between its server and the Customer’s browser.

Bank transfer
The Customer must make the bank transfer within 3 days of the order date for orders relating to products. If this does not occur, the order will be cancelled and the goods will be made available for purchase by other Customers. Customers who have not made the bank transfer may be contacted by Customer Service to clarify whether the reason for the non-payment is due to the Customer’s decision not to confirm the purchase or to other causes.

5.2 Order invoicing

If the purchase is made by a professional, it will be possible to request an invoice by selecting the appropriate box during the order process and entering the billing information, including tax code and/or VAT number. In this case, the invoice will be sent by email to the address provided. The professional is responsible for entering the correct billing details and is expressly informed that, if an invoice is not requested at the time of ordering, it will not be possible to request one at a later date.

6. Transport and delivery

Products purchased on the Website will be delivered to the address indicated by the Customer during the purchase process in the appropriate field “Shipping Address”.
All purchases will be delivered by express courier (hereinafter, “Courier”) from Monday to Friday, excluding holidays and national holidays. Masseria Calongo is not responsible for delays that are unforeseeable or not attributable to it.

Once the Products have been shipped, the Customer will receive a confirmation email.
In any case, except in cases of force majeure or unforeseeable circumstances, the Products ordered will be delivered within a maximum of 7 (seven) working days from the day following that on which Masseria Calongo confirmed the order to the Customer via a specific order confirmation email.

The service includes 2 delivery attempts to the address indicated at the time of ordering. A notice will be left after each attempt. If the second delivery attempt is unsuccessful, the Courier will contact the recipient of the order by telephone at the telephone number indicated to arrange delivery. If the recipient cannot be traced or is absent, the goods will be returned to the warehouse.

Delivery services available abroad:
International Express Courier

International shipments may be made using different couriers depending on the destination country in order to ensure the best available rate for the Customer.

7. Right of withdrawal

The Customer has the right to withdraw from the purchase contract for any reason, without providing explanations and without penalty, except in the cases of exclusion provided for in point IV below. To exercise this right, the Customer must send Masseria Calongo a notice within 14 days of receiving the Products using the form in the “Contacts” section of the Website or, if they intend to withdraw before receiving the Products, the notice of withdrawal may be sent at any time before receiving them.
This notice must be sent by registered letter with return receipt, addressed to:

Once Masseria Calongo Customer Service has received the notification, it will open a file to manage the return and provide the Customer with instructions on how to return the Products, which will be done via a courier indicated by Masseria Calongo itself.
The right of withdrawal is governed by the following conditions:

– The right of withdrawal is reserved for consumers who are natural persons and who are not acting in the exercise of their business, professional or liberal profession.

• I.The right applies to the Product purchased in its entirety; therefore, if the Product consists of multiple components or parts, it is not possible to exercise the right of withdrawal only on part of the Product purchased.
• II. In the event of exercising the right of withdrawal, Masseria Calongo will refund the customer the full amount of the returned goods, including shipping costs where applicable, within 14 days from the date on which the notice of withdrawal was received, without prejudice to Masseria Calongo’s right to suspend payment of the refund until the goods have been actually received. The refund will be made using the same payment method used by the customer, unless the customer has expressly requested a different method. In the case of bank transfer or cash on delivery, the customer is responsible for providing the bank details for the refund (account holder, name and address of the bank and IBAN).
• III. In order to guarantee free returns in accordance with Article 8 below, Products must be returned in the same box in which they were received.
• IV. In addition to the cases indicated in the Introduction (non-consumer customer and/or customer requesting an invoice), the right of withdrawal is excluded in the following cases, pursuant to Article 59 of Legislative Decree 21/2014:
  – orders for custom-made or clearly personalised Products;
  – orders for Products that are likely to deteriorate or expire rapidly;
  – orders for sealed Products that cannot be returned for hygienic or health protection reasons or that have been opened after delivery.

With reference to the cases of exclusion of withdrawal listed above, the Customer is specifically informed and accepts that all food products are included among the Products that “are likely to deteriorate or expire rapidly,” as the characteristics and qualities of these types of Products are subject to alteration, including as a result of improper storage. Therefore, for reasons of hygiene and customer protection, the right of withdrawal is only applicable to Products purchased directly on the Website that can be returned to Masseria Calongo and put back on the market without any danger to consumer health (such as books, gadgets, kitchen utensils, etc.).
In cases where the right of withdrawal is excluded, Masseria Calongo will return the purchased Products to the Customer, charging them for the shipping costs.

8. Free returns in case of exercising the right of withdrawal

As a favourable condition for the Customer, Masseria Calongo will bear the full cost of shipping for the return of Products in the event of exercising the right of withdrawal.
In order to benefit from this free shipping, Customers who intend to exercise their right of withdrawal must follow the procedure indicated in Article 7 above and wait to be contacted by Masseria Calongo to arrange the return of the Products to the courier.

9. Warranty and Conformity Defects

In the event of conformity defects in Products sold by Masseria Calongo, the Customer must immediately contact Customer Service by email at [email protected] or use the form in the “Contacts” section of the Website.

The legal guarantees provided for in Articles 129, 130 and 132 of the Consumer Code apply to the sale of Products. The Customer has the right, at their discretion and provided that the type of Product allows it, to have the Product restored to conformity free of charge by repair or replacement, or to an appropriate price reduction or termination of the contract. The Customer forfeits these rights if they do not report the lack of conformity to Masseria Calongo within two months of the date on which they discovered the defect, unless the Product is perishable by nature or subject to a shorter expiry date, in which case the defect must be reported within that shorter period.

10. Errors and limitations of liability

The information relating to the Products provided through the Website is constantly updated. However, it is not possible to guarantee the complete absence of errors, for which Masseria Calongo cannot be held liable, except in cases of wilful misconduct or gross negligence.

Masseria Calongo reserves the right to correct errors, inaccuracies or omissions even after an order has been placed, or to modify or update the information at any time without prior notice, without prejudice to the Customer’s rights under these General Terms and Conditions and the Consumer Code.
Except in cases of wilful misconduct or gross negligence, the Customer shall have no right to compensation for damages or indemnification, nor shall Masseria Calongo have any contractual or extra-contractual liability for direct or indirect damages to persons and/or property caused by the non-acceptance or non-fulfilment, even partial, of an order.

11. Reclami

Any complaints must be sent to Masseria Calongo using the contact form available in the “Contacts” section of the Website or, alternatively, by email. [email protected]
Or by sending a registered letter with return receipt to the following address:

Masseria Calongo undertakes to respond to all requests received within a maximum of 7 working days.

12. Applicable law and jurisdiction

The sales contract between the Customer and Masseria Calongo is concluded in Italy and governed by Italian law. For the resolution of disputes relating to the interpretation, execution or termination of these General Terms and Conditions or individual purchase orders, if the Customer is a consumer within the meaning of the Consumer Code, the court of their municipality of residence or domicile, if located in Italian territory, shall have exclusive jurisdiction; in all other cases, the court of Brindisi shall have exclusive jurisdiction, to the exclusion of any other competent court.

Pursuant to Article 1341 of the Italian Civil Code, the Customer declares that they have read and specifically accept the following articles of these General Terms and Conditions: 6 (liability for delays in delivery), 10 (right to correct errors – exclusions of liability).
Last revised 01/11/2020