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Terms of service
Terms and Conditions
These Terms govern the use of this Website and any other contract or legal relationship with the Data Controller in a binding manner. The terms with capital letters are defined in the relevant section of this document.
The User is encouraged to read this document carefully.
This Website is a service of:
LE QUERCE DI ANNIBALE SRL Agricola Unipersonale – VAT number 01980070765
VIA ITALO CALVINO, 6R – 85025 – MELFI (PZ)
Email address of the Data Controller: info@lequercediannibale.it
What You Need to Know at a Glance
Please note that some provisions of these Terms may apply only to specific categories of Users. In particular, some provisions may apply only to Consumers or only to Users who do not qualify as Consumers. Such limitations are always explicitly mentioned in the relevant clause. In the absence of such mention, the clauses apply to all Users.
The right of withdrawal applies only to European Consumers.
USE CONDITIONS
Unless otherwise specified, the terms of use of this Website as established in this section are generally applicable. Any additional terms of use or access applicable in specific situations are explicitly indicated in this document.
By using this Website, the User declares that they meet the following requirements:
There are no restrictions regarding Users, whether they are Consumers or Professional Users.
Registration
To use the Service, the User may create an account by providing all the required data and information in a complete and truthful manner.
The Service can also be used without registering or creating an account. However, in this case, some features may not be available.
It is the User's responsibility to keep their login credentials safe and confidential. For this purpose, Users should choose a password that corresponds to the highest level of security available on this Website.
By creating an account, the User agrees to be fully responsible for any activities performed with their login credentials.
Users must promptly and clearly notify the Data Controller using the contact details provided in this document if they believe their personal information, such as the User account, login credentials, or personal data, has been violated, disclosed illegally, or stolen.
Account Closure
The User is free to close their account and cease using the Service at any time by following this procedure:
Contacting the Data Controller using the contact details provided in this document.
Suspension and Cancellation of Account
The Data Controller reserves the right to suspend or cancel a User's account at any time, at their discretion and without notice, if deemed inappropriate, offensive, or contrary to these Terms.
The suspension or cancellation of the account does not entitle the User to compensation, refunds, or indemnification.
Suspension or cancellation of an account for reasons attributable to the User does not relieve the User from paying any applicable fees or charges.
Content on This Website
Unless otherwise specified or clearly recognizable, all content available on this Website is owned or provided by the Data Controller or its licensors.
The Data Controller takes the utmost care to ensure that the content available on this Website does not violate applicable laws or the rights of third parties. However, this may not always be possible.
In such cases, without prejudice to legally enforceable rights and claims, Users are encouraged to direct complaints to the addresses specified in this document.
Rights to the Content of This Website
The Data Controller expressly holds and reserves all intellectual property rights on the aforementioned content.
Users are not authorized to use the content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sublicensing, transforming, transferring/alienating to third parties, or creating derivative works from the content available on this Website, nor are they allowed to allow third parties to perform such activities through their User account or device, even without their knowledge.
Where explicitly indicated on this Website, the User is authorized to download, copy, and/or share certain content available on this Website solely for personal, non-commercial purposes, provided that the attribution to the author of the work and any other relevant circumstances required by the Data Controller are observed.
Legal limitations and exclusions under copyright law remain unchanged.
Access to External Resources
Through this Website, Users may have access to resources provided by third parties. Users acknowledge and accept that the Data Controller has no control over such resources and, therefore, is not responsible for their content and availability.
The terms applicable to resources provided by third parties, including any rights concerning content, are determined by such third parties and governed by their terms and conditions or, in the absence of these, by applicable law.
Permitted Use
This Website and the Service may only be used within the scope for which they are offered, according to these Terms and applicable law.
It is the User's exclusive responsibility to ensure that the use of this Website and/or the Service does not violate any law, regulation, or third-party rights.
Therefore, the Data Controller reserves the right to take any appropriate measures to protect its legitimate interests and, in particular, to deny the User access to this Website or the Service, terminate contracts, report any objectionable activities conducted through this Website or the Service to the competent authorities (such as judicial or administrative authorities) whenever the User commits or is suspected of committing:
- Violations of laws, regulations, and/or the Terms;
- Violations of third-party rights;
- Actions that may significantly harm the legitimate interests of the Data Controller;
- Crimes against the Data Controller or third parties.
SALES CONDITIONS
Paid Products
Some of the Products offered on this Website as part of the service are paid for.
The fees, duration, and conditions applicable to the sale of such Products are described below and in the relevant sections of this Website.
Product Description
The prices, descriptions, and availability of Products are specified in the respective sections of this Website and are subject to change without notice.
Although the Products on this Website are presented with the utmost technical accuracy possible, the representation on this Website through any means (including, where applicable, graphic materials, images, colors, sounds) is intended only as a reference and does not imply any guarantee regarding the characteristics of the purchased Product.
The characteristics of the selected Product will be specified during the purchase procedure.
Purchase Procedure
Each phase, from selecting the product to submitting the order, is part of the purchase process.
The purchase process includes the following steps:
- Users are invited to choose the desired Product and verify their purchase selection.
- After verifying the visible information in the purchase selection, Users can submit the order.
Order Submission
Submitting the order involves the following:
- Submitting the order by the user determines the conclusion of the contract and creates an obligation for the User to pay the price, taxes, and any additional costs and fees, as specified on the order page.
- If the purchased Product requires action by the User, such as providing personal information, specifications, or special requests, submitting the order also obliges the User to cooperate accordingly.
- Once the order has been submitted, Users will receive an order receipt confirmation.
All notifications regarding the purchase procedure described above will be sent to the email address provided by the User for this purpose.
Prices
During the purchase process and before submitting the order, Users will be duly informed of all fees, taxes, and costs (including any shipping fees) that will be charged.
Prices on this Website:
- Depending on the section the User is viewing, may include all applicable taxes, duties, and fees or be shown excluding applicable taxes, duties, and fees.
Promotions and Discounts
The Data Controller may offer discounts or special promotions for purchasing Products. Such promotions or discounts are always subject to the requirements and terms and conditions specified in the relevant section of this Website.
Promotions and offers are always granted at the discretion of the Data Controller.
Repeated or periodic promotions or discounts do not constitute any claim or right that Users can assert in the future.
Vouchers
Promotions and discounts may be offered in the form of Vouchers.
In the event of a violation of the applicable conditions for Vouchers, the Data Controller may legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take action in the appropriate places, including legal actions, to protect its rights and interests.
Any additional or divergent provisions applicable to the use of Vouchers listed on the relevant informational page or on the Voucher itself prevail in any case, regardless of the provisions that follow.
Unless otherwise specified, the following rules apply to the use of Vouchers:
- Each Voucher is only valid if used in the manner and within the validity period specified on the website and/or on the Voucher;
- The Voucher can only be redeemed in full at the time of purchase – partial use is not allowed;
- Unless otherwise specified, one-time use Vouchers can only be redeemed once per purchase and therefore can only be redeemed once even in the case of installment purchases;
- Vouchers are not cumulative;
- The Voucher must be used within the specified validity period. After the expiration of the period, the Voucher will be automatically canceled. There is no possibility to claim rights, including a refund of the Voucher’s value;
- The User has no right to credits/refunds/compensations in case of difference between the Voucher’s value and the redeemed value;
- The Voucher is for non-commercial use only. Reproduction, counterfeiting, and commercialization of the Voucher are strictly prohibited, as well as any illegal activity related to the purchase and/or use of the Voucher.
Payment Methods
Details regarding the accepted payment methods are highlighted during the purchase procedure.
Some payment methods are subject to additional conditions or incur extra charges. Detailed information is provided in the relevant section of this Website.
All payments are processed independently by third-party services. Therefore, this Website does not collect payment data – such as credit card numbers – but receives a notification once the payment has been successfully completed.
If payment made through any of the available methods fails or is rejected by the payment service provider, the Data Controller is not obliged to fulfill the order. In the event of a payment failure, the Data Controller reserves the right to request reimbursement from the User for any related expenses or damages.
Future Payment Authorization via PayPal
If you authorize the PayPal functionality for future purchases, this Website will store an identification code linked to your PayPal account. This will allow the Website to automatically process payments for future purchases or installment payments for a previous purchase.
The authorization can be revoked at any time by contacting the Data Controller or changing the PayPal personal settings.
Retention of Ownership
Until the Data Controller receives full payment of the purchase price, the User does not acquire ownership of the ordered Products.
Delivery
Deliveries are made to the address specified by the User and in the manner specified in the order summary.
Upon delivery, Users must check the contents of the package and promptly report any discrepancies to the contact details provided in this document or as described in the delivery receipt. Users may refuse to accept the package if visibly damaged.
Delivery may occur in the countries or territories specified in the relevant section of this Website.
Delivery times are specified on this Website or during the purchase process.
Non-Delivery
The Data Controller is not responsible for any delivery errors arising from inaccuracies or omissions made by the User during the completion of the purchase order, nor for any damages or delays that occur after the delivery to the courier if the courier was appointed by the User.
In the event that the goods are not delivered or collected at the time or within the established period, they will be returned to the Data Controller, who will contact the User to schedule a second delivery attempt or agree on further measures.
Unless otherwise specified, any delivery attempt from the second one onward will be at the User's expense.
User Rights
Right of Withdrawal
Unless an exception applies, the User has the right to withdraw from the contract within the specified period below (usually 14 days) for any reason and without justification. The User can find more information about the right of withdrawal in this section.
Who benefits from the right of withdrawal
Unless one of the exceptions listed below applies, Users acting as European Consumers have the legal right to withdraw from online contracts (distance contracts) within the specified period for any reason and without the need for justification.
Users who do not meet these requirements do not enjoy the rights described in this section.
Exercising the right of withdrawal
To exercise the right of withdrawal, the User must send the Data Controller an unequivocal communication of their intention to withdraw from the contract.
To this end, the User may use the standard withdrawal form found in the definitions section of this document. However, the User is free to express their intention to withdraw from the contract in any other appropriate form. To comply with the period within which the right must be exercised, the User must send the withdrawal statement before the withdrawal period expires.
When does the withdrawal period expire?
In the case of the purchase of goods, the withdrawal period expires after 14 days from the day the User or a third party – appointed by the User and other than the courier – takes possession of the goods.
In the case of the purchase of multiple goods ordered together but delivered separately or the purchase of a single good consisting of multiple batches or pieces delivered separately, the withdrawal period expires after 14 days from the day the User or a third party – appointed by the User and other than the courier – takes possession of the last of the goods, batches, or pieces.
Effects of Withdrawal
The Data Controller will refund all payments received, including, if made, those related to delivery costs, to Users who have properly exercised their right of withdrawal.
However, the additional cost arising from choosing a specific delivery method over the most economical standard delivery offered by the Data Controller will remain at the User's expense.
The refund will be made without undue delay and in any event within 14 days from the day the Data Controller was informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, the refund will be made using the same payment method used for the initial transaction. The User will not incur any costs as a result of the withdrawal.
For contracts for the purchase of tangible goods
Unless the Data Controller has offered to collect the goods, the User is required to return them to the Data Controller or another person authorized by the Data Controller to receive them without undue delay and in any case within 14 days from the day they communicated their intention to withdraw from the contract.
The deadline is met if the goods are handed over to the courier or another authorized person before the expiration of the 14-day period mentioned above. The refund may be withheld until the goods are received or until the User has provided proof of returning them.
The User is responsible for any decrease in the value of the goods resulting from handling the goods in a manner other than what is necessary to establish their nature, characteristics, and functioning.
The return costs are borne by the User.
Exceptions to the right of withdrawal
There is no right of withdrawal for contracts:
- For the supply of goods made to measure or clearly personalized;
- For the supply of goods subject to rapid deterioration or expiration;
- For the supply of sealed goods not suitable for return for reasons of hygiene or health protection and that have been opened after delivery;
- For the supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods;
Warranties
Legal Guarantee of Product Compliance under EU Legislation
Under European law, the seller guarantees the conformity of the goods sold for a minimum period of 2 years from delivery. Therefore, the seller must ensure that the goods purchased have the quality, functionality, or features promised or reasonably expected for at least two years from the moment of delivery to the buyer.
Where Users act as European Consumers, the legal guarantee of product conformity applies to items available on this Website in accordance with the laws of the country where they usually reside.
National laws of such a country may grant such Users broader rights.
Consumers who do not act as European Consumers may benefit from compliance warranty rights under the legislation of the country where they usually reside.