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User agreement

Terms and conditions of sale

Terms and Conditions of www.sanlucianovini.it

These terms and conditions govern

  • the use of this website and

  • any other agreement or legal relationship with the owner.

in a binding manner. Capitalized terms are defined in the relevant section of this document.

The User is requested to read this document carefully.

The entity responsible for this website is

Soc. Agr. San Luciano S.S. di Ziantoni M & S

Loc. San Luciano, 90

52048 Monte San Savino (AR)

VAT n. IT00343220513

E-mail address of the owner: info@sanlucianovini.it

 

This Website" refers to

  • This Site, including its subdomains and any other site through which the Owner offers the Service;

  • Applications for mobile devices, tablets or similar;

  • the Service;

What you need to know at a glance

  • The right of withdrawal applies only to European consumers.

  • Use of the Website and the Service is restricted to users who are of legal age under applicable law.

  • Use of the service/website is restricted to consumers only.

TERMS OF USE

Unless otherwise stated, the terms and conditions of use of this website set out in this section apply generally.

Other conditions of use or access applicable to specific situations are expressly stated in this document.

By using this Site, the User declares that he/she meets the following conditions

  • The User is acting as a consumer;

  • The User is of legal age under applicable law;

 

Registration

In order to use the Service, the User may open an account by providing all required data and information in a complete and truthful manner.

You may use the Service without registering or creating an account. In this case, however, certain features may not be available.

 

It is the User's responsibility to maintain the security and confidentiality of their access credentials. To this end, Users must choose a password that complies with the highest level of security available on this site.

By creating an account, the User agrees to be fully responsible for all activities carried out with his/her access credentials.

Users must notify the Controller immediately and clearly using the contact details set out in this document if they believe that their personal information, such as user account, login details or personal data, has been hacked, unlawfully disclosed or stolen.

Closing your account

You may close your account and stop using the Service at any time by following the procedure below:

  • Contacting the Owner using the contact details set out in this document.

Account Suspension and Deletion

The Owner reserves the right to suspend or delete a User's account at any time, in its sole discretion and without notice, if it deems it to be inappropriate, offensive or in breach of these Terms and Conditions.

Suspension or deletion of an account shall not entitle the User to any compensation, refund or indemnity.

Suspension or deletion of an account for reasons attributable to the User shall not relieve the User of the obligation to pay any applicable fees or prices.

Content of this website

Unless otherwise stated or clearly identifiable, all content available on this Website is owned or provided by the Owner or its licensors.

The Owner takes the utmost care to ensure that the content available on this Website does not violate applicable law or the rights of third parties. However, it is not always possible to do so.

In such cases, without prejudice to any legally enforceable rights and claims, users are requested to address their complaints to the contact details specified in this document.

Rights to the content of this website

The owner owns and expressly reserves all intellectual property rights to the aforementioned content.

Users are not authorised to use the content in any way that is not necessary or implied for the proper use of the service.

Specifically, but without limitation, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, licensing, transforming, transferring or alienating to third parties, or creating derivative works from the content available on this website, or allowing third parties to carry out such activities through their user account or device, even without their knowledge.

Where expressly stated on this Website, the User is authorised to download, copy and/or distribute certain content available on this Website solely for personal and non-commercial purposes, provided that the attribution of authorship of the work and any other relevant circumstances required by the owner are respected.

The limitations and exclusions provided by copyright law shall remain unaffected.

Access to external resources

Through this website, users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over these resources and is therefore not responsible for their content and availability.

The terms and conditions applicable to resources provided by third parties, including those applicable to the granting of rights to content, are determined by the third parties themselves and are governed by the relevant terms and conditions or, in the absence thereof, by law.

Permitted use

This Website and the Service may only be used for the purposes for which they are offered, in accordance with these Terms and Conditions and applicable law.

It is your sole responsibility to ensure that your use of this Website and/or the Service does not violate any law, regulation or the rights of any third party.

Therefore, the Owner reserves the right to take all appropriate measures to protect its legitimate interests, and in particular to deny the User access to this Website or the Service, to terminate contracts, to report to the competent authorities - e.g. judicial or administrative authorities - any censurable activity carried out through this Website or the Service, if the User carries out or is suspected of carrying out such an activity:

  • Violation of any law, regulation and/or the Terms;

  • Infringement of the rights of third parties

  • Acts that may significantly harm the legitimate interests of the Controller;

  • Offences against the Controller or a third party.

CONDITIONS OF SALE

Paid products

Some of the Products offered as part of the Service on this Website are chargeable.

The charges, duration and conditions applicable to the sale of such Products are described below and in the relevant sections of this Website.

Product Description

Prices, descriptions and availability of Products are set out in the relevant sections of this Website and are subject to change without notice.

Although the Products are presented on this Site as accurately as technically possible, the presentation on this Site by any means (including, as the case may be, graphics, images, colors, sounds) is for reference only and does not imply any warranty as to the characteristics of the Product purchased.

The characteristics of the selected product will be specified during the purchase process.

Buying process

Every step from selecting a product to placing an order is part of the purchase process.

The purchase process consists of the following steps:

  • Users are asked to select the product they wish to purchase and check their purchase selection.

  • After checking the information visible in the purchase selection, the user can place the order by clicking on "Place Order".

Sending the order

Sending the order involves the following steps:

  • The sending of the order by the User constitutes the conclusion of the contract and triggers the User's obligation to pay the price, taxes and any additional costs and expenses as indicated on the order page.

  • In the event that the Product purchased requires the User's active contribution, such as the provision of information or personal data, specifications or special requests, the placement of the order shall also create an obligation for the User to cooperate accordingly.

  • Once the order has been placed, the User will receive a confirmation of receipt of the order.

All notifications related to the purchase process described above will be sent to the email address provided by the User for this purpose.

Prices

During the purchase process and before placing the order, the User will be duly informed of all commissions, taxes and costs (including any shipping costs) that will be charged to him/her.

The prices indicated on the site:

  • include all applicable commissions, taxes and costs, depending on the section consulted by the User, or are indicated net of applicable commissions, taxes and costs.

Means of payment

Details of the means of payment accepted will be highlighted during the purchase process.

Some methods of payment may be subject to additional conditions or charges. Details can be found in the relevant section of this website.

All payments are processed independently by third party services. Therefore, this website does not collect any payment information - such as credit card numbers - but will receive a notification when the payment is successful.

If the payment made by one of the available means fails or is refused by the payment service provider, the holder is not obliged to execute the order. Any costs or charges resulting from the failed or rejected payment shall be borne by the User.

Retention of title

The user does not acquire ownership of the products ordered until the full purchase price has been paid.

Delivery

Deliveries shall be made to the address indicated by the User and in the manner indicated in the order summary.

At the time of delivery, the User must check the contents of the package and immediately report any anomalies to the contact details indicated herein or on the delivery note. The User may refuse to accept the package if it is visibly damaged.

Delivery may be made to the countries or territories specified in the relevant section of this Site.

Delivery times are indicated on this website or during the purchase process.

Non-delivery

The Owner shall not be liable for any delivery errors resulting from inaccuracies or omissions made by the User when completing the order, nor for any damage or delay occurring after delivery to the courier, if the latter has been appointed by the User.

If the goods are not delivered or collected at the agreed time or within the agreed period, they will be returned to the Owner, who will contact the User to arrange a second delivery attempt or to make further arrangements.

Unless otherwise specified, any delivery attempt after the second shall be at the User's expense.

User rights

Right of withdrawal

Unless an exception applies, the User has the right to cancel the contract for any reason and without justification within the period specified below (normally 14 days). The User can find more information about the right of withdrawal in this section.

Who has the right to cancel

Unless one of the exceptions listed below applies, users acting as European consumers have a legal right to withdraw from contracts concluded online (distance contracts) within the period specified below, for any reason and without justification.

Users who do not meet these conditions do not have the rights described in this section.

Exercising the right of withdrawal

In order to exercise the right of withdrawal, the User must send the Controller an unequivocal notice of his intention to withdraw from the contract.

For this purpose, the User may use the standard withdrawal form available in the Definitions section of this document. However, the User is free to express his intention to withdraw in any other appropriate manner. In order to comply with the time limit for exercising the right, the User must send the notice of withdrawal before the end of the withdrawal period.

When does the cooling-off period expire?

  • In the case of the purchase of goods, the withdrawal period expires 14 days after the day on which the User or a third party - other than the carrier - designated by the User takes possession of the goods.

  • In the case of the purchase of several goods ordered together but delivered separately, or in the case of the purchase of a single good consisting of several lots or pieces delivered separately, the withdrawal period expires 14 days after the day on which the User or a third party - other than the courier - designated by the User takes possession of the last of the goods, lots or pieces.

Effects of withdrawal

The proprietor will refund all payments received, including those relating to delivery costs, to users who have duly exercised their right of withdrawal.

However, the increased costs resulting from the choice of a particular delivery method other than the cheapest standard delivery offered by the Holder shall remain the responsibility of the User.

The refund shall be made without undue delay and in any event within 14 days of the date on which the Holder was notified of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, the refund will be made by the same means of payment used for the original transaction. The User shall not incur any costs as a result of the withdrawal.

Unless the owner has offered to collect the goods, the user is obliged to return the goods to the owner or to another person authorised by the owner to receive them immediately, and in any case within 14 days of the day on which the user gave notice of his intention to withdraw from the contract.

The time limit shall be deemed to have been observed if the goods have been delivered to the carrier or other authorised person before the expiry of the aforementioned 14-day period. The refund may be withheld until the goods have been received or until the User has provided proof of their return.

The User shall be liable for any diminution in the value of the Goods resulting from use of the Goods other than that necessary to determine their nature, characteristics and functioning.

The User shall bear the cost of returning the goods.

Legal guarantee of the product's conformity

In accordance with European legislation, the vendor guarantees the conformity of the goods sold for a minimum period of 2 years from the date of delivery. Therefore, the seller is obliged to guarantee that the goods purchased have the quality, functionality or characteristics promised or reasonably foreseeable for at least two years from the date of delivery to the buyer.

If the User is a European consumer, the legal guarantee of the conformity of the goods available on the Site is governed by the laws of the country in which the User is ordinarily resident.

The national laws of that country may give such Users more extensive rights.

Consumers who are not European consumers may have rights under the law of the country in which they are ordinarily resident.

Limitation of liability and indemnity

Australian Users

Limitation of liability

Nothing in these terms and conditions shall exclude, limit or modify any warranty, condition, indemnity, right or remedy which you have under the Competition and Consumer Act 2010 (Cth) or any other similar state or territory legislation and which constitutes a right which cannot be excluded, limited or modified in any way (a non-excludable right). To the fullest extent permitted by law, our liability to you, including liability for infringement of a Non-Excludable Right and any other liability not otherwise excluded under these Terms and Conditions, shall be limited at our option to either re-supplying the Services or paying the cost of re-supplying the Services.

US Users

Disclaimer of Warranty

The Owner provides this website on an "as is" and "as available" basis. Use of the service is at the user's own risk. To the fullest extent permitted by law, the Owner expressly disclaims all conditions, representations and warranties of any kind, whether express, implied, statutory or otherwise, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose or non-infringement. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service shall create any warranty not expressly stated herein.

Notwithstanding the foregoing, the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers and employees do not warrant that the Content is accurate, reliable or correct; that the Service will be available, uninterrupted or secure at any particular time or place; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any Content downloaded or otherwise obtained through the use of the Service is done at the User's own risk and the User will be solely responsible for any damage to the User's computer system or mobile device or loss of data that results from such download or use of the Service.

The Owner does not warrant, endorse, guarantee or assume any responsibility for any products or services advertised or offered by third parties through the Service or any hyperlinked website or service. Furthermore, the Owner does not participate in or in any way monitor any transactions between users and third party providers of products or services.

The Service may be inaccessible or may not function properly with the User's browser, device and/or operating system. The Owner shall not be liable for any damages, whether alleged or actual, arising out of the content, operation or use of the Service.

Federal law, some states and other jurisdictions do not allow the exclusion or limitation of certain implied warranties. The above exclusions may not apply to you. This Agreement gives Users specific legal rights. Users may have additional rights that vary from state to state. The limitations and exclusions in this Agreement apply to the extent permitted by law.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall the Owner and its subsidiaries, affiliates, officers, agents, co-brand owners, partners, suppliers and employees be liable for

  • any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or in connection with the use of or inability to use the Service; and

  • any damage, loss or injury resulting from hacking, tampering or other unauthorized access to or use of the Service, your account or the information contained therein

  • any errors, omissions or inaccuracies in the content

  • any personal injury or property damage of any kind arising from your access to or use of the Service

  • any unauthorized access to the Owner's security servers and/or any personal information stored therein

  • any interruption or termination of transmissions to or from the Service

  • any bugs, viruses, Trojan horses or the like that may be transmitted to or through the Service;

  • any errors or omissions in any Content, or for any loss or damage incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through the Service; and/or

  • the defamatory, offensive or illegal conduct of any User or third party. In no event shall Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers and employees be liable for any claim, action, liability, obligation, damage, loss or expense in excess of the amount paid by User to Owner in the preceding 12 months or the term of this Agreement between Owner and User, whichever is shorter.

This limitation of liability section applies to the fullest extent permitted by law in the applicable jurisdiction, whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if the Owner has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

These Terms give you certain statutory rights and you may have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions or limitations of liability in these Terms do not apply to the extent permitted by applicable law.

Indemnification

The User agrees to defend, indemnify and hold harmless the Owner and its subsidiaries, affiliates, officers, agents, co-brand owners, partners, suppliers and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, charges or debts and expenses, including without limitation legal fees and expenses, arising from:

  • Your use of or access to the Service, including any data or content transmitted or received by you

  • Your breach of these Terms, including without limitation any breach by you of any representation or warranty contained in these Terms

  • Your infringement of any third party rights, including but not limited to any rights relating to privacy or intellectual property;

  • any breach by the User of any applicable law, rule or regulation

  • any content posted by the User under the User's account, including but not limited to misleading, false or inaccurate information, and including where the User's personal username and password or other security measures, if any, have been accessed by a third party

  • the wilful misconduct of the User; or

  • the violation of any legal provision by the User or its affiliates, officers, agents, co-branders, partners, suppliers and employees, to the extent permitted by applicable law.

Common provisions

No implied waiver

The failure of the Holder to exercise any legal right or claim under these Terms shall not constitute a waiver thereof. No waiver shall be deemed final as to any particular right or any other right.

Interruption of the Service

In order to ensure the best possible level of service, the Owner reserves the right to suspend the Service for maintenance, system upgrades or other changes with reasonable notice to Users.

Within the limits of the law, the Owner reserves the right to suspend or terminate the Service. In the event of termination of the Service, the Owner will ensure that Users can retrieve their personal data and information in accordance with the law.

In addition, the Service may be unavailable for reasons beyond the Owner's control, such as force majeure (e.g. strikes, infrastructure failures, power outages, etc.).

Resale of the Service

Users may not reproduce, duplicate, copy, sell, resell or exploit this Website or the Service in whole or in part without the prior written consent of the Owner, expressed either directly or through a legitimate resale program.

Privacy Policy

Information on the processing of personal data is contained in the Privacy Policy of this website.

Intellectual property rights

Without prejudice to any more specific provisions contained in the Terms, the intellectual and industrial property rights such as copyrights, trademarks, patents and designs relating to this Web Site are the exclusive property of the Owner or its licensors and are protected by applicable intellectual property laws and international treaties.

All trademarks - whether denominative or figurative - and any other distinctive sign, company, service mark, illustration, image or logo appearing in connection with this Website are and shall remain the exclusive property of the Owner or its licensors and are protected under applicable intellectual property laws and international treaties.

Changes to the Terms

The Owner reserves the right to change the Terms at any time. In this case, the Owner will inform the Users of the changes in an appropriate manner.

The changes will only affect the relationship with the User in the future.

Continued use of the Service implies the User's acceptance of the updated Terms. If you do not wish to accept the changes, you must stop using the Service. Failure to accept the updated Terms may result in either party's right to terminate the Agreement.

The previous version will continue to govern the relationship until accepted by the User. Such version may be requested from the Owner.

If required by applicable law, the Owner will specify the date on which changes to the Terms will take effect.

Assignment of the contract

The Owner reserves the right to transfer, assign, dispose of, novate or contract out any or all of the rights and obligations under these Terms, taking into account the legitimate interests of the Users.

The provisions regarding the modification of these Terms shall apply.

Users may not assign or transfer their rights and obligations under the Terms without the written consent of the Owner.

The Owner reserves the right to transfer, assign, dispose of, novate or contract out any or all of the rights and obligations under these Terms, taking into account the legitimate interests of the Users.

The provisions regarding the modification of these Terms shall apply.

Users may not assign or transfer their rights and obligations under the Terms without the written consent of the Owner.

Contact details

All communications relating to the use of this website should be sent to the contact details set out in this document.

Severability Clause

If any provision of these terms and conditions is or becomes invalid or unenforceable under applicable law, the invalidity or unenforceability of that provision shall not affect the validity and enforceability of the remaining provisions.

European Users

If any provision of these terms and conditions is or becomes void, invalid or ineffective, the parties will endeavour to agree a valid and effective provision to replace the void, invalid or ineffective provision.

In the event of failure to agree within the above time limits, to the extent permitted or required by applicable law, the void, invalid or ineffective provision shall be replaced by the applicable legal provision.

Notwithstanding the foregoing, the nullity, invalidity or ineffectiveness of any provision of these terms and conditions shall not render the entire agreement null and void, unless the null, invalid or ineffective provision is essential to the agreement or is of such importance that the parties would not have entered into the agreement if they had known that the provision was invalid, or in cases where the remaining provisions would impose an unreasonable and unacceptable burden on one of the parties.

US Users

Any invalid or unenforceable provision shall be construed and adapted to the extent necessary to make it valid, effective and consistent with its original purpose.

These Terms constitute the entire agreement between the User and the Owner with respect to the subject matter hereof and supersede all other communications, including any prior agreements, between the parties with respect to the subject matter hereof.

These Terms shall be enforced to the fullest extent permitted by law.

Governing law

The Terms shall be governed by the laws of the place where the Owner is established as set out in the relevant section of this document, without regard to conflict of law rules.

Exception for European consumers

Notwithstanding the foregoing, if you are a European consumer and you are ordinarily resident in a country whose laws provide a higher level of consumer protection, that higher level of protection shall prevail.

Place of jurisdiction

The courts of the place where the Owner is established, as set out in the relevant section of this document, shall have exclusive jurisdiction to hear any dispute arising out of or in connection with the Terms.

Exception for European consumers

The above does not apply to users who are European consumers or consumers resident in Switzerland, Norway or Iceland.

Dispute Resolution

Amicable resolution of disputes

Users may report any disputes to the Controller who will attempt to resolve them amicably.

Without prejudice to the User's right to take legal action, in the event of a dispute relating to the use of this Website or the Service, the User is requested to contact the Owner at the contact details indicated in this document.

The User may send a complaint to the email address of the Owner indicated in this document, including a brief description and, if applicable, details of the order, purchase or account concerned.

The Owner will deal with the request promptly and within 21 days of receipt.

Consumer dispute resolution platform

The European Commission has set up an online alternative dispute resolution platform to facilitate the out-of-court settlement of disputes relating to and arising from online sales and service contracts.

This means that any European consumer can use this platform to resolve disputes arising from contracts concluded online. The platform is available here.


Return Policy

Exercising the right of withdrawal

In order to exercise the right of withdrawal, the User must send the Controller an unequivocal notice of his intention to withdraw from the contract.

For this purpose, the User may use the standard withdrawal form available in the Definitions section of this document. However, the User is free to express his intention to withdraw in any other appropriate manner. In order to comply with the time limit for exercising the right, the User must send the notice of withdrawal before the end of the withdrawal period.

When does the cooling-off period expire?

  • In the case of the purchase of goods, the withdrawal period expires 14 days after the day on which the User or a third party - other than the carrier - designated by the User takes possession of the goods.

  • In the case of the purchase of several goods ordered together but delivered separately, or in the case of the purchase of a single good consisting of several lots or pieces delivered separately, the withdrawal period expires 14 days after the day on which the User or a third party - other than the courier - designated by the User takes possession of the last of the goods, lots or pieces.

Effects of withdrawal

The proprietor will refund all payments received, including those relating to delivery costs, to users who have duly exercised their right of withdrawal.

However, the increased costs resulting from the choice of a particular delivery method other than the cheapest standard delivery offered by the Holder shall remain the responsibility of the User.

The refund shall be made without undue delay and in any event within 14 days of the date on which the Holder was notified of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, the refund will be made by the same means of payment used for the original transaction. The User shall not incur any costs as a result of the withdrawal.

Unless the owner has offered to collect the goods, the user is obliged to return the goods to the owner or to another person authorised by the owner to receive them immediately, and in any case within 14 days of the day on which the user gave notice of his intention to withdraw from the contract.

The time limit shall be deemed to have been observed if the goods have been delivered to the carrier or other authorised person before the expiry of the aforementioned 14-day period. The refund may be withheld until the goods have been received or until the User has provided proof of their return.

The User shall be liable for any diminution in the value of the Goods resulting from use of the Goods other than that necessary to determine their nature, characteristics and functioning.

The User shall bear the cost of returning the goods.

Legal guarantee of the product's conformity

In accordance with European legislation, the vendor guarantees the conformity of the goods sold for a minimum period of 2 years from the date of delivery. Therefore, the seller is obliged to guarantee that the goods purchased have the quality, functionality or characteristics promised or reasonably foreseeable for at least two years from the date of delivery to the buyer.

If the User is a European consumer, the legal guarantee of the conformity of the goods available on the Site is governed by the laws of the country in which the User is ordinarily resident.

The national laws of that country may give such Users more extensive rights.

Consumers who are not European consumers may have rights under the law of the country in which they are ordinarily resident.