Terms and Conditions of Sale
This document (General Terms and Conditions of Sale) defines the conditions applicable to sales concluded at a distance through the website https://www.algavenice.com (hereinafter, “Site”) between the Società Agricola Serenissima S.r.l. (hereinafter, “AlgaVenice”) and the purchaser of products qualifying as a consumer (hereinafter, “Customer”).
1. About the Venditor
Products purchased through the Site https://www.algavenice.com are sold by the company:
Società Agricola Serenissima S.r.l.
q.re della Fornace, 7/1
35026 Conselve (PD) – Italy
C.F. and VAT no. 04808400289
REA Number (PD) – 420273
2. General Provisions
2.1. The language available to the Customer to conclude the contract through the Site is Italian.
2.2. The Customer is required to read carefully the General Terms and Conditions of Sale that AlgaVenice makes available to him on the Site, in order to allow their knowledge, storage and reproduction.
2.3. Each order requires full acceptance of these Terms and Conditions. By placing an order, therefore, the Customer declares that he/she has read the General Terms and Conditions of Sale available on the Site and accepts them in full.
2.4. These General Terms and Conditions of Sale are written in the Italian language and apply only to Contracts of Sale concluded through the Site.
2.5. The Site can be accessed from all over the world. No purchase is allowed
3. Products: information and availability
3.1. The presentation of Products on the Site does not in any case constitute an offer to the public but only an invitation to the Customer to make a contractual proposal to purchase.
3.2. Information about the Products is provided on the Site, for each Product, through textual and photographic content.
3.3. Photographic content is for the sole purpose of presenting the Products for sale. Since color aspects may not represent with absolute fidelity the real Product, also due to the effect of the browser or monitor used by the Customer, AlgaVenice, for these aspects, does not guarantee the absolute coincidence between the image on the Site and the real Product.
3.4. The Products are sold with the features presented on the Site at the time the Customer submits the order.
3.5. The sale of Products is subject to availability on the Site, and it will not be possible to proceed with the purchase of Products presented as unavailable on the Site.
3.6. AlgaVenice reserves the right to change the information about each Product, the assortment of Products on the Site, and their availability at any time and without notice.
4.1. The order sent by the Customer has the value of a contractual proposal and implies full and unreserved knowledge and acceptance of the General Conditions of Sale in force at the time of the order.
4.2. AlgaVenice reserves the right to change these Terms and Conditions at any time, at its sole discretion and without notice. Any changes made will be deemed effective as of the date the document is posted on the Site and will apply only to orders placed after that date.
4.3. In order to proceed with the purchase of the desired Products listed on the Site and available for sale, the Customer must place the Products of interest in the virtual shopping cart. The Customer may subsequently choose to complete the purchase of the Products in the virtual shopping cart.
4.4. At the time of the first purchase (guest customer), the Customer will have to provide his or her data to finalize the order and sales contract, and, during the purchase process, will have the opportunity to register thus creating a personal account for the Site.
4.5. In the case of purchasing as a registered customer, the Customer will log in to the Site with his/her credentials before completing the purchase process.
4.6. In order to proceed with the purchase, the Customer must access the detail page of each product they wish to purchase by clicking on the product image, or on a link that takes them to the product detail page. If intending to purchase the product, the customer should select any desired variants for the product and place the product of interest in the virtual shopping cart by clicking on the appropriate button located on the product detail page.
4.7. After adding each product to the virtual shopping cart, the Customer will have the option to continue shopping, viewing other Products and possibly adding them to the cart, or proceed with checkout i.e. complete the purchase process.
4.8. Should the Customer choose to proceed with checkout, he or she will reach a page summarizing the contents of the virtual shopping cart for which he or she is about to purchase. You will have the option here to change the purchase quantities for items in your cart, or to remove certain items from your cart. The Customer will also be able here to view the total price of the items in the shopping cart, net of any costs due to shipping or the payment method chosen, which will be highlighted to the Customer after the Customer chooses the shipping options and payment method.
4.9. The checkout procedure is divided into the following steps:
- Entering personal information, with the option to log in as a registered user if you have previously registered with the Site.
- Entering shipping and billing addresses. The Customer must enter data here regarding the shipping and billing address.
- Choice of shipping method. The Customer will be able to choose the desired shipping method here, from those that may be listed.
- Payment. The Customer can then choose the desired mode of payment from those listed.
- The Customer can then proceed with payment, finalizing the order, which will be forwarded to AlgaVenice.
5.1. The prices of the Products are expressed in Euro and are inclusive of all applicable taxes and/or duties (including VAT), being excluded any shipping and handling charges, which will be highlighted on the order confirmation page, before the final submission of the same by the Customer to AlgaVenice.
5.2. The Customer is required to pay AlgaVenice the total amount shown on the order confirmation page. The total amount of the order, including the price of the Products and any additional charges (such as shipping and cash on delivery), must be paid in its entirety in one lump sum, through the payment methods made available to the Customer by AlgaVenice.
5.3. The selling price of the Products is the price in effect at the time the order is placed on the Site.
5.4. AlgaVenice reserves the right to change Product prices and handling and shipping charges at any time without notice.
5.5. AlgaVenice constantly verifies that the prices listed on the Site are correct. However, due to technical problems that are not immediately detected, it may occur that the price quoted for one or more items is manifestly lower than the price normally charged, even net of any discounts and/or promotions in effect.
5.6. If the Customer finds that the price of one or more of the Products available for purchase is patently lower than the price normally applied, even net of any discounts and/or promotions in force, he/she is requested not to complete the order process for said Products and to promptly report the anomaly with an email to the email address email@example.com.
If the Customer nevertheless completes the order procedure, AlgaVenice reserves the right to cancel the order, proceeding to promptly notify the Customer and refund, in favor of the same, any amount already paid, if any. In this case, there will be no obligation for AlgaVenice to deliver the ordered goods.
6. Shipping and delivery
6.1. The delivery methods provided are: shipping by Express Courier and home delivery;
6.2. If the shipping method chosen by the Customer is shipping by Express Courier, the order will be delivered by an express courier chosen by AlgaVenice.
6.3. Shipping by Express Courier is free for orders over 200.00 euros. For orders less than, shipping will cost 10.00 euros and for the islands of Venice only 25.00 euros.
6.4. The approximate and non-binding delivery times for the planned shipping methods, barring unforeseen circumstances, are:
- Express Courier: 2 working days nationwide (for smaller islands, 1 additional working day is provided).
6.8. Working days are defined as all days between Monday and Friday, inclusive, thus excluding Saturdays and Sundays and any midweek holidays.
6.9. AlgaVenice undertakes to do everything within its power in order to respect the delivery times indicated on the Site and, in any case, to execute the delivery in a maximum time of 30 (thirty) days from the day following the day on which the Customer has transmitted the order.
7.1. The Customer may choose from the following payment methods:
- Credit card
- Bank transfer
7.2. In case of payment by credit card, the Customer will be transferred to a secured Site such as STRIPE.COM. The transmission of such data will be through 128-bit SecureSocketLayer (SSL) encrypted transmission protocols, and such data will not be accessible to AlgaVenice. The amount will be charged when the order is processed. In order to ensure the highest level of security and minimize the risk of third party access to the Customer’s bank details, the Customer will be required to enter his/her credit card number for each new order, if this is the chosen payment system.
7.3. In case of payment by PayPal, the Customer will be transferred to the payment page prepared by PayPal, where, using the credentials of his PayPal account, he can complete the payment procedure. The transmission of the customer’s credentials will take place through 128-bit SSL (SecureSocketLayer) encrypted transmission protocols, directly on the page prepared by PayPal, and this data will not be accessible to AlgaVenice. The amount will be charged when the order is processed.
7.4. Payment by Bank Transfer must be made by the Customer and AlgaVenice reserves the right to wait for the crediting to their bank account before proceeding to process the order.
7.5. Should it prove impossible for AlgaVenice to fulfill the order due to non-availability of the chosen Products, the order will be cancelled and the amount of the order, if already paid, will be refunded to the Customer. In the event that charging the amounts due by the Customer is not possible, for whatever reason, the purchase process will be cancelled and the order cancelled. The Products will remain the property of AlgaVenice until the full receipt of the order amount by AlgaVenice, which must occur within the period of 7 (seven) days from the date of the order confirmation.
7.6. AlgaVenice reserves the right to require different payment methods for certain orders than those indicated in the preceding paragraph.
7.7. The Customer agrees to receive the receipt or invoice for the purchase made in electronic format only.
8. Right of withdrawal
8.1. Pursuant to Art. 49 of Legislative Decree September 6, 2005 no. 206 (Consumer Code), the withdrawal notice follows.
The Customer has the right to withdraw from the contract, without giving reasons, within 15 days.
The withdrawal period expires after 15 days beginning on the day the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the good or the last good, if the Goods ordered by the Customer were sent in different shipments.
To exercise the right of withdrawal, the Client must inform AlgaVenice of its decision to withdraw from this contract by means of an explicit statement (e.g., registered letter with return receipt, fax or e-mail). The Customer has the option to use the “type” withdrawal form given in these “General Terms and Conditions of Sale” in Section 8.2. The completed forms should be sent to the e-mail address firstname.lastname@example.org. The Customer may also send any other explicit statement of withdrawal, other than the forms, to the same e-mail address. In the event that the Customer chooses the electronic mode of sending the withdrawal statement, AlgaVenice will promptly transmit to the Customer on a durable medium (e.g., by e-mail) the confirmation of receipt of the withdrawal statement.
To comply with the withdrawal period, it is sufficient for the Customer to send the notice regarding the exercise of the right of withdrawal before the expiration of the withdrawal period.
If the Customer withdraws from this contract, the Customer will be refunded all payments it has made to AlgaVenice, including delivery costs, without undue delay and in any case no later than 30 days after the day on which AlgaVenice is informed of the Customer’s decision to withdraw from this contract. If for the initial transaction the Customer has chosen to make payment by Credit Card or through PayPal the refund will be made using the same means of payment. In the event that the Customer has chosen to make the payment by Bank Transfer, the refund will be made by crediting the Customer’s bank account using the data that the Customer is required to communicate to AlgaVenice at the same time as the declaration of withdrawal. In any case, the Customer will not incur any costs as a consequence of such a refund.
The refund may be suspended until the goods are received.
The Customer must return the goods or deliver them to AlgaVenice, without undue delay and in any case within 7 days from the day on which he/she notified AlgaVenice of his/her withdrawal from this contract.
The direct costs of returning the goods will be borne by the Customer.
The Customer is liable only for the decrease in the value of the goods resulting from handling the goods other than what is necessary to establish the nature and characteristics of the goods.
8.2. Pursuant to Art. 54 of Legislative Decree September 6, 2005 no. 206, the following is the standard withdrawal form, which the Customer may use to inform AlgaVenice regarding the desire to exercise the right of withdrawal
To the kind attention of Società Agricola Serenissima S.r.l.
Q.re della Fornace 7/1 – 35026 Conselve (PD) – Italy
I/we (*) hereby notify you of my/our (*) withdrawal from my/our (*) concluded contract for the purchase of the following goods/services (*):
Ordered on (*) / received on (*):
Name of purchaser(s):
Address of buyer(s):
(*) Delete unnecessary wording
8.3. Before returning the goods, the Customer must await the receipt of the return authorization form, which will be sent to him/her by AlgaVenice by e-mail following the receipt of the declaration of the intention to exercise the right of withdrawal by the Customer, if communicated within the terms and in the manner described in sections 8.1, 8.2.
8.4. To return the goods subject to the right of withdrawal, the Customer may choose to:
- Shipping the Product with a service chosen by the Customer;
8.5. Using a shipping service of their choice, the Customer must place the return authorization form received from AlgaVenice inside the packaging. Shipping costs will be the responsibility of the Customer and will not be reimbursed by AlgaVenice. AlgaVenice recommends choosing a shipping service that allows you to track the progress of your shipment.
8.6. The refund will be made using the same means of payment used by the Customer for the initial transaction. In the case of payments made by Bank Transfer, the refund will be made to the bank account that the Customer will indicate to AlgaVenice.
8.7. It will not be possible to exchange the purchased goods. In case the Customer wants to make an exchange of goods, he/she will have to return the purchased Product as written in the previous paragraphs, and proceed with a new order.
8.8. Products returned using the right of withdrawal must be new, in excellent condition. The Products must be returned inside the original boxes, with all accessories, instructions for use and labels, if any. In the case of returning the Products through shipping, the Products must then be placed inside a suitable packing box along with the shipping document in the original packaging.
8.9. If the returned Products do not comply with the requirements or the terms and conditions for exercising the right of withdrawal are not met, the withdrawal will not be effective. In this case, the Customer will not be entitled to a refund of the sums already paid. The Customer may re-obtain, at its own expense, the Products in the state in which they were delivered to AlgaVenice.
8.10. Acceptance or non-acceptance of returned Products will be notified to the Customer by email.
8.11. AlgaVenice is not responsible for reimbursement related to Products shipped but not received by AlgaVenice due to loss, theft or damage, or other causes not otherwise attributable to AlgaVenice.
9. Legal guarantee of conformity
9.1. The rules of the Consumer Code pertaining to legal conformity and commercial warranties apply to Products purchased through the Site.
9.2. The legal warranty of conformity will apply to Products with conformity defects that cannot be found at the time of purchase and that become apparent within the period of 2 (two) years after delivery of the Product
9.3. The warranty covers only the presence of non-conformity defects in the Product. No warranty is applied in the case of damage to the Product resulting from the Customer’s negligence
9.4. In order to make use of the warranty, the Customer must report the conformity defect to AlgaVenice no later than two months from the date he/she discovered such defect, by sending an email to email@example.com containing:
- One’s biographical data;
- The indication of the order number;
- An indication of the defect and/or non-conformity found;
- At least 1 photograph of the Product highlighting the non-conformity found.
9.5. In the event that AlgaVenice deems to authorize the return of the Product, for the sole cases of failed or non-conforming merchandise to that ordered, the return will be made by express courier at AlgaVenice’s expense. After receiving the goods and carrying out quality checks, if the Product is found to be nonconforming, AlgaVenice will proceed with the refund using the same means of payment used by the Customer when purchasing the Product. In the case of payments made by Bank Transfer, the refund will be made to the bank account that the Customer will indicate to AlgaVenice.
10.1. AlgaVenice cannot be held responsible for the non-execution of the order in the expected time, or for the non-execution of the Contract of Sale, in the event that the same are due to fortuitous event or force majeure or for any reason in any case not attributable to AlgaVenice.
10.2. AlgaVenice cannot be held responsible for all inconveniences or damages arising from the use of the Internet network or from the bad or intensive use of the items sold on the Site.
11. Applicable law
11.1. These General Terms and Conditions of Sale are governed by Italian law, and contracts are deemed to be executed in Italy.
11.2. The regulatory framework governing e-commerce contracts consists of the following rules:
- Directive no. 2000/31/EC;
- Legislative Decree no. 70/2003;
- Directive no. 2011/83/EU;
- Legislative Decree no. 21/2014.
11.3. All disputes involving Consumers shall be subject to the jurisdiction of the court of the place of residence of the Consumer.
12. Intellectual Property
12.1. Trademarks, names, textual and graphic content, illustrations and images reproduced on the Site may not be used except in an exclusively private capacity. Any reproduction of the Site in whole or in part is strictly prohibited, and no rights to the content and trademarks reproduced on the Site are derived from accessing the Site or purchasing the Products.
13. Processing of personal data
13.1. For the execution of the contract, it is mandatory for the Customer to provide certain personal data. The Customer represents and warrants that the information provided to AlgaVenice during the purchase and/or registration process is correct and true. Failure, partial or inaccurate provision of Customer data to AlgaVenice may result in the inability to perform the contract.
14.1. For questions and clarifications related to the Site, General Terms and Conditions, online purchase, order status, return of Products or refunds, the Customer may contact AlgaVenice Customer Service via email at firstname.lastname@example.org or through filling out the contact form at the following link: customer service.