These terms and conditions of sale (hereinafter also referred to as the ‘Terms’) govern the sale of products marketed in the Italian territory by www.agerpatris.com (hereinafter also referred to as the ‘Site’) to consumer purchasers. All contracts for the purchase of products, concluded via www.agerpatris.com and in accordance with the procedures specified therein, between the seller and the customer shall be governed by these Conditions.
General Terms and Conditions of Sale
By placing an order on the on-line shop www.agerpatris.com, the customer declares that he/she has read all the information provided to him/her during the purchase process, and that he/she accepts in full the general terms and conditions and payment conditions transcribed below.
Any right of the Customer to damages or compensation as well as any contractual or extra-contractual liability for direct or indirect damage to persons and/or property caused by the non-acceptance, even partial, of an order is excluded.
The site shows the quantities of product available at the time of the order. Since the simultaneous access of many user-customers and the simultaneous possibility of online orders change the availability of products, Ager Patris does not guarantee the certainty of delivery of the ordered goods. In the event of unforeseen unavailability of goods and non-acceptance of the order, no charge will be made to the Customer.
All sales prices of the Products on the site are understood to be public prices and, therefore, inclusive of VAT. However, Ager Patris reserves the right to change prices at any time, without prior notice
Conclusion of the contract and filing arrangements
The contract for the online purchase of products between Ager Patris and the Customer will be concluded via the Internet, through the Customer’s access to the Site and following the purchase procedures indicated therein.
The contract is concluded by the exact completion and consent to the purchase manifested through the online application. Before concluding the purchase, the Customer shall be given the opportunity to check the contents of the purchase order and, if necessary, to correct and/or amend the data entered; it shall therefore be his obligation to verify the correctness of the data in question.
The purchase of Ager Patris’ products shall be deemed perfected and effective between the parties once the Customer has completed the on-line procedure for the purchase and payment of the products, only upon receipt by the Customer of the communication referred to in the following point. Consequently, the customer’s request is to be understood as a purchase proposal, which, in order to become binding on Ager Patris, must be expressly accepted by it.
Correct receipt of the order is confirmed by the ecommerce system by means of an e-mail reply, sent to the e-mail address communicated by the Customer. This confirmation message will contain a summary of the order placed with the Date and Time of the order, an ‘Order Number’ and a ‘Customer Code’, to be used in any further communication with the ecommerce system, the price of the product purchased, the shipping costs and any additional charges, the address where the product will be delivered, the delivery time and the existence of the right of withdrawal. Translated with www.DeepL.com/Translator (free version) The Customer undertakes to print and retain the purchase order. The customer also undertakes to verify the correctness of the above-mentioned data and to promptly notify any corrections by sending an e-mail to email@example.com.
It is the customer’s responsibility to register with the correct data and to keep this data up-to-date by means of access credentials.
In the event of non-acceptance of the order, Ager Patris undertakes to promptly notify the Customer.
Pursuant to Art. 12 of Legislative Decree no. 70/2003, Ager Patris informs the Customer that every order sent is stored in digital form on the server at the manager hosting the site and in paper or digital form at Ager Patris, according to criteria of confidentiality and security.
For each order placed, Ager Patris issues a delivery note and subsequent electronic invoice for the material shipped. The invoice shall be issued on the basis of the information provided by the customer when placing the order by sending it by e-mail to the order holder, pursuant to Article 14 of Presidential Decree 445/2000 and DL 52/2004. No changes in the invoice will be possible after it has been issued.
Modalities of Purchase
With reference to wine products, for which the sale is permitted by law only to purchasers over 18 years of age, it is specified that the purchase procedure will only be finalised towards customers who have declared this age requirement. The Customer may only purchase products present in the Ager Patris electronic catalogue at the time of placing the order and viewable on the Site. For each product viewed, the Customer will be able to access a special sheet containing the main information and data relating to the product itself. It is also understood that the picture accompanying the description of a product may not be perfectly representative of its characteristics and is intended as information material only.
Ager Patris ensures, through the computerised system used, the processing and fulfilment of orders. To this end, it indicates in real time, in its electronic catalogue, the products available and those not available. Should an order exceed the existing quantity in the warehouse, Ager Patris will inform the Customer by e-mail whether the product is no longer bookable or what the waiting time for obtaining the chosen product is, and will ask whether or not he intends to confirm the order. In any case, Ager Patris undertakes to promptly notify the Customer of any non-acceptance of the order.
Prices and payment methods
All prices on the site are public prices and, therefore, include statutory VAT.
All amounts displayed on AgerPatris.com are in Euro, which is the reference currency.
Since the conclusion of the purchase procedure implies the occurrence of an obligation on the part of the Customer to pay the price of the products chosen, it is specified that when the order is sent – which as indicated in point 10) below means the conclusion of the contract with Ager Patris – the obligation to pay follows.
The purchase of goods is envisaged with payment methods Credit Card, PayPal or Bank Transfer in advance.
By credit card
The transaction by Card or by Paypal takes place through the electronic system provided by Paypal; at no time during the purchase process is the electronic system of the agerpatris.com portal or any member of staff able to know the Customer’s credit card number, which is provided by the Customer to the PayPal Secure Server over a protected and encrypted internet connection in accordance with current standards of the on-line payment market. Ager Patris di T.S. reserves the right to ask the customer for additional information (e.g. landline telephone number, tax code) or to send copies of documents proving ownership of the card used. In the absence of the required documentation, Ager Patris di T.S. reserves the right not to accept the order.
By bank transfer in advance
The bank transfer must be made within 5 days of the order being placed in the following name and the order number stated in the confirmation email must be included in the reason for the transfer:
AGER PATRIS of T.S
Agenzia di Montebelluna (TV)
IBAN: IT02L 03069 64707 100000005406
Delivery methods and costs
Ager Patris can only accept orders with delivery within the territory of the Italian state.
The cost of shipping and any ancillary charges, if any, are not included in the purchase price, but are indicated and calculated separately. By filling in the order, and in any case before the purchase procedure is completed, the customer will be able to verify these costs and charges.
Ager Patris reserves the right to indicate the couriers in charge of shipping directly at the time of purchase, specifying delivery times and corresponding rates depending on whether the courier is a traditional courier (standard delivery) or an express courier (express delivery).
The couriers selected by Ager Patris provide domiciliation services exclusively in the manner indicated in the order summary in the shopping cart.
The delivery time of the ordered goods is dependent on the location and the forwarding agent, Ager Patris will inform the customer of the shipment by email.
No liability can however be attributed to Ager Patris in the event of delays in processing the order or delivering the ordered goods.
The goods travel with packaging made directly by Ager Patris or in suitably closed cardboard boxes.
Upon delivery of the goods by the courier, the Customer shall check:
– that the number of packages delivered corresponds to the number indicated in the transport document;
– that the packaging is intact, undamaged, not wet or otherwise altered, including the sealing materials (adhesive tape or metal strapping).
– Any damage to the packaging and/or the product, or the mismatch in the number of packages or indications, must be immediately contested by placing a WRITTEN CONTROL RESERVE on the courier’s proof of delivery. Once the courier’s document has been signed, the Customer may not object in any way to the external characteristics of the delivered goods.
Any problems with the physical integrity, correspondence or completeness of the products received must be reported within 7 days of delivery, in the manner provided for herein.
In the event of failure to collect the material in stock at the carrier’s warehouses within 5 working days due to repeated impossibility of delivery to the address indicated by the Customer when placing the order, the order shall be automatically cancelled.
Once the courier’s document has been signed, the Customer may not object in any way to the external characteristics of the delivered goods.
Right of Withdrawal
Pursuant to Art. 5 DL 185/1999, if the customer is a consumer, he/she has the right to withdraw from the purchase contract for any reason whatsoever, without the need to provide explanations and without any penalty, without prejudice to what is indicated in the following paragraph.
To exercise this right, the customer must send Ager Patris a notice to this effect within 10 working days of receipt of the goods. Such communication shall be sent by registered letter with acknowledgement of receipt, addressed to Ager Patris di T.S – Via San Gaetano nr 113 Montebelluna (TV) Italy P.iva 04563290263 sent STRICTLY within the following 48 hours. Once we have received the aforementioned notice of withdrawal, Ager Patris will quickly provide the customer with instructions on how to return the goods, which must be received by Ager Patris within 10 days of authorisation.
The right of withdrawal is however subject to the following conditions:
- the right applies to the purchased product in its entirety; it is not possible to exercise withdrawal only on part of the purchased product;
the purchased goods must be intact and returned in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment); in order to limit damage to the original packaging, we recommend, when possible, to put it in a second box; in all cases the affixing of labels or adhesive tapes directly on the original product packaging must be avoided;
- In accordance with the law, shipping costs related to the return of the goods shall be borne by the customer;
- the shipment, until the certificate of receipt in our warehouse, is under the full responsibility of the customer;
- in the event of damage to the goods during transport, AgerPatris will notify the customer of the incident (within 5 working days of receipt of the goods in its warehouses), to enable him to file a timely complaint against the carrier of his choice and obtain reimbursement of the value of the goods (if insured); in this case, the product will be made available to the customer for its return, at the same time cancelling the request for withdrawal;
Ager Patris is not liable in any way for damage to or theft/loss of goods returned by uninsured shipments.
Without prejudice to any repair costs for ascertained damage to the original packaging, Ager Patris will reimburse the customer the full amount already paid, net of shipping costs incurred, within 14 days of the return of the goods, by means of a transfer of the amount charged. It will be the customer’s responsibility to promptly provide the bank details on which to obtain reimbursement (IBAN code of the invoice holder).
The right of withdrawal lapses completely, due to the lack of the essential integrity of the goods (packaging and/or its contents), in cases where Ager Patris ascertains:
-the lack of the original outer packaging and/or inner packaging;
-the absence of integral elements of the product;
-damage to the product due to causes other than transport.
In the event of forfeiture of the right of withdrawal, Ager Patris will return the purchased goods to the sender, charging the sender for the shipping costs.
Ager Patris guarantees that the products comply with current industry standards. The products must be stored by the Customer in accordance with the instructions provided by Ager Patris and in any case in environments whose hygienic-environmental conditions are appropriate to the products themselves; consequently, Ager Patris shall not be liable for claims concerning products that have not been stored by the Customer in accordance with the above.
Ager Patris guarantees the products against non-conformity for a term that takes into account the specific characteristics of the products sold and also the expiry date indicated on the individual product where stated. Any product non-conformities ascertained or ascertainable at the time of delivery may be reported by the Customer in accordance with current consumer protection regulations (within 60 days of their discovery at the latest). Complaints of non-conformity of products must be made to Ager Patris as specified under “Complaints”. In the event of non-conformity, it is the responsibility of Ager Patris to replace the non-conforming product free of charge within a reasonable period of time. The customer is nevertheless obliged, even with regard to the return of the non-conforming product, to follow the instructions provided in this regard by Ager Patris.
The conditions contained herein may be changed by Ager Patris without prior notice and shall be valid from the date of publication on the Site.
The personal data requested when placing an order are collected and processed for the purpose of fulfilling the Customer’s express requests and will not be passed on to third parties under any circumstances or for any reason. Ager Patris guarantees its customers compliance with the regulations on the processing of personal data, governed by the privacy code set out in DL 196 of 30.06.03. The data controller is Ager Patris of T.S.
Any complaints must be addressed to Ager Patris di T.S – Via San Gaetano nr 113A Montebelluna (TV) Italy P.iva 04563290263
The sales contract between the Customer and Ager Patris is concluded in Italy and governed by Italian law. For the solution of civil and criminal disputes arising from the conclusion of this distance sales contract, if the Customer is a consumer, the territorial jurisdiction shall be that of the court of reference of his municipality of residence; in all other cases, the territorial jurisdiction shall be exclusively that of the Court of Treviso (TV).
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