LEMONLINE - CONDITIONS OF SALE

The following Terms and conditions of sale and adoption apply to lemon trees adoption and the sale online on www.iolandabusillo.it from Azienda Agricola Iolanda Busillo, Via San Vito Martire, 27, 84025 Eboli (Sa), P.IVA 05632270657 email info@iolandabusillo.it, henceforth the Vendor towards the customer.

The customer note that displaying products on the website constitutes itself an invitation to tender.

The Parties (Vendor and customers) note and agree that this is a deferred real effects on-line sales contract. Therefore the shift/delivery of the products purchased by the customer will occur as soon as the product itself (fruit) will come into existence and be mature enough to be sold.

CUSTOMER’S ADOPTION

By making an adoption order, the customer refines the purchase proposal towards the vendor, with reference to the selected fruit/products. The ADOPTION order takes place in three phases:

–The customer adopts his own tree and check the adoption duration and the respective quantity of fruit ensured by confirming his order. At this stage the customer can proceed to the payment of the product. Azienda Agricola Iolanda Busillo will process the request and cash the price paid by the customer. Registration on the website is required in order to move trough the checkout process and take some advantage related to this. All other activities that the user customer can do on the website do not require registration.)

– After the payment is received, the customer will get a message confirming the order and the payment made by them. This information will be filled out by Azienda Agricola Iolanda Busillo. The order sent by the Customer will be binding for Azienda Agricola Iolanda Busillo only if the whole order procedure will be completed regularly and correctly without any error message from the Site. In their e-mail box the Customer will receive confirmation of the adoption order made by checking the summary of the products, their prices and the general and particular terms applicable to the order itself;

– The Vendor – as stated above – has no store, and proceed to the delivery of the products to the courier in charge of the delivery or to the individual concerned. Therefore Azienda Agricola Iolanda Busillo commits itself to deliver to the customer the products/fruit ordered and paid, as soon as the product itself has come into existence and is mature enough to be sold.

The customer can cancel their Order exclusively and absolutely within 24 hours from the payment, without additional costs. In this case the customer will receive a refund equal to the full amount paid. To cancel the Order it is necessary that the customer sends an e-mail using the appropriate form to contact us indicating exactly the reference number of the order.

PRODUCTS

The images present on the website have purely illustrative function and they are not binding. The weights of the products proposed on the Site are to be considered indicative. The actual weight is determined only at the time of preparation of the product, and may differ by up to 20% more or less than what is indicatively proposed on the Site. The price, however, will not be subject of change than specified to what is indicated at the time of order.

SALE PRICES ON THE SITE

All prices displayed on the Site exclude delivery costs and include VAT. They are net of any discounts due to promotional codes. Azienda Agricola Iolanda Busillo reserves the right to make changes to selling prices at any time and without notice.

GUARANTEED AMOUNT OF PRODUCT

The adoption of a tree and the consequent purchase of its fruits gives the customer the right to receive the fruit produced by the same tree adopted. If, however, the adopted tree is not able to guarantee the amount of product/fruit required (due to exceptional circumstances such as, for example, tree diseases, weather conditions, etc.) the customer will receive from the vendor the quantity of fruit required, although not produced by the adopted tree itself. In case of exceptional and unforeseeable circumstances (e.g. disease, weather conditions, etc.) liable to affect all the fruit trees of the farm to which the adopted tree belongs, the customer will still be refunded for half of the price paid.

RIGHT OF WITHDRAWAL

In accordance with the provisions of Legislative Decree 6 September 2005 n. 206 (and subsequent amendments and additions), the User that is the Customer, has a period of fourteen days in which terminate a distance or off-premises contract without giving any reason and without incurring costs other than those provided for in Article 56, paragraph 2, and article 57 of the Consumer Code.

Procedures for the exercise:

For this purpose the Customer must contact the Vendor within 14 days after the delivery of the products, sending a notice containing all the information necessary and useful for a correct processing of the documents relating to the payment of the return and refund.

This notice must necessarily contain everything indicated below: a. the express desire of the customer to withdraw in whole or in part from the purchase contract; b. the number and the copy of the document (invoice – transport document) proving the purchase of the order with regard to which they intend exercise the right of withdrawal; c. the description and the code of the Products with regard to which they exercise the right of withdrawal. The crediting, that includes the delivery costs, will be carried out by the Vendor within 14 days from the receipt of the notice via registered letter A. R. above mentioned, that is via PEC at the following busilloiolanda@pec.it.

It is also possible to exercise the right of withdrawal by filling in and re-sending the form available on the website at the address iolandabusillo.it.

After the receipt of the notice with which the customer communicates its desire to exercise the right of withdrawal, the Vendor, having verified the correspondence to the requirements mentioned above, will agree, also via e- mail, with the customer how to make the return of products.

The delivery costs related to the return of the products will be at the expense of the Consumer.

EXCLUSION OF THE RIGHT OF WITHDRAWAL

The right of withdrawal is excluded in relation to:

– The supply of goods that are liable to deteriorate or expire rapidly;

– The supply of sealed goods that are not suitable to be returned for hygienic reasons or related to the protection of health and have been opened after delivery.

PRODUCT WARRANTIES

a) Consumer legal guarantee

The user that is a customer, as defined in art. 3 of the Consumer Code has the right to use legal guarantee provided by the Civil Code. has the right to use the legal guarantee provided by the Consumer Code itself in Articles 128 to 132. This Guarantee that the Consumer, under penalty of forfeiture, report to the Vendor (as identified above) any lack of conformity found in the product purchased within 2 (two) months from their discovery (art. 132, Consumer Code). As a result of his/her notification, the Consumer shall be entitled to have the goods brought into conformity by replacement, without prejudice to all the other rights provided for by Consumer’s Code. By virtue of the above- mentioned Legal Warranty, the Vendor (as identified above) is liable for defects in conformity that occur within 2 (two) years of delivery of the Product. After this deadline, the Vendor will not be responsible for the defects in conformity found by the consumer. In case of replacement of the Product, the guarantee terms of the Product given in replacement remain the same. Therefore, the overall two-year duration of the legal warranty will start from the delivery of the original product. In order to benefit from the warranty, we recommend that you show the purchase document. In any case, for the regulation of the legal warranty, please refer to the rules of the Consumer Code in Article 128 and following.

b) Legal warranty for non-consumer Customers

The user that is not a customer, as defined in art. 3 of the Consumer Code has the right to use legal guarantee provided by the Civil Code. This Guarantee that the non-consumer customer, under penalty of forfeiture, report the Vendor (as identified above) any lack of conformity found in the product purchased within 8 (eight) days from the discovery. The above-mentioned legal warranty is valid for a maximum period of 12 (twelve) months from the delivery of the Product. After this deadline, the Vendor (as identified above) will not be responsible for the defects in conformity found by the Consumer. In order to benefit from the warranty, we recommend that you show the purchase document.

FORCE MAJEURE

Azienda Agricola Iolanda Busillo will make every effort to keep faith with its obligations. Therefore, Azienda Agricola Iolanda Busillo cannot be held responsible for delays or non-delivery caused by circumstances beyond its reasonable control. Such circumstances include strikes, natural disasters and any other event that renders the production, transportation or delivery of the products impracticable.

DISCLAIMER

The information provided on the site www.iolandabusillo.it and within other sites that may be linked are general in nature and for informational purposes only, and can not replace in any case the advice of a licensed doctor (i.e., a medical graduate licensed to practice), or, in specific cases, other health professionals (dentists, nurses, pharmacists, physical therapists, and so on).

The notions and any information on the physical benefits due to the consumption of the products described within the site have only an illustrative and informative purpose.

None of the individual contributors, system operators, developers, sponsors of Azienda Agricola Iolanda Busillo nor any other party connected to AZIENDA AGRICOLA IOLANDA BUSILLO can be held responsible for the results or consequences of any use or attempted use of any of the information or misinformation contained within the site www.iolandabusillo.it.

Nothing on www.iolandabusillo.it or any of the projects of Azienda Agricola Iolanda Busillo, can be interpreted as an attempt to offer or render a medical opinion or in any other way involved in the practice of medicine.

PRICES OF PRODUCTS

The Parties agree that for all products whose prices are shown below:

– kg are real net of packaging;

– All prices include VAT;

– Shipments are the number of deliveries to a single address.

PAYMENT AND BILLING METHODS

Payment can be made by credit card, PayPal, bank transfer, or cash.