Terms and conditions
FPC, with registered office in via Terraggio 21 - Milan (Italy), VAT number IT10750260969, e-mail address firstname.lastname@example.org (hereinafter the "Owner") makes available to all Users the ability to access and use the website https://borgo-office.it/en_gb (hereinafter "Application") of its exclusive ownership, which offers an e-commerce platform for the purchase of "support packages" of agricultural products (hereinafter "Products" or individually "Product").
Please read these terms and conditions (hereinafter the "Conditions") carefully before using the Application. By using the Application, the User accepts the Conditions and undertakes to comply with them. Otherwise, the User cannot use the Application.
The Owner may modify or simply update the Conditions, in whole or in part. Changes and updates will be binding as soon as they are published on the Application. The User is therefore invited to view the Conditions at each access to the Application and it is advisable to print a copy for future consultation.
1 - Registration
In order to use some features of the Application, Users must register by providing, in a truthful and complete manner, all the data requested in the relevant registration form and fully accept the personal data management policy (Privacy disclaimer) and these Conditions. The User has the responsibility of keeping their login credentials.
It is understood that in no case can the Data Controller be held responsible in the event of loss, dissemination, theft or unauthorized use by third parties, for any reason whatsoever, of the Users' access credentials.
2 - Purchases on the Application
The purchase of one or more Products through the Application is allowed both to Users who have the quality of consumers, and to users who do not have this quality.
Pursuant to art. 3, I comma, lett. a) of Legislative Decree 206/2005 ("Consumer Code"), it is recalled that natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out are considered to be consumers.
Individuals are allowed to purchase only on condition that they are eighteen years old. The Owner undertakes to describe and present the Products sold on the Application in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the Application and the actual Product may emerge. Furthermore, any photographs of the Products on the Application do not constitute a contractual element, as they are only representative.
The Products, the prices and the conditions of sale of the Products, within the limits of their availability, do not constitute an offer to the public; therefore, they must always be considered indicative and subject to express confirmation by e-mail or by viewing the order confirmation page by the Owner, after checking the availability of the chosen Product.
The User expressly attributes to the Owner the right to accept, even partially, the order placed (for example in the event that all the Products ordered are not available). In this case, the contract will be considered completed in relation to the Products actually sold. The Owner reserves the right to modify, at any time, the price of the Products and any shipping costs of the same. It is understood that any changes will in no case affect the contracts already concluded before the change.
The selling prices of the Products are inclusive of VAT; any other tax and / or shipping costs charged to the User will be indicated before confirming the purchase.
Payment for the Products can be made using the methods indicated on the Application at the time of purchase.
The Application uses third-party tools for processing payments and does not in any way come into contact with the payment data provided (credit card number, name of holders, passwords, etc.).
Should such third party tools deny the payment authorization, the Owner will not be able to provide the Products and will not be responsible for any delay or failure to deliver.
3 - Conclusion of the contract
The Contract stipulated through the Application is considered concluded when the User receives, via e-mail and / or by viewing a page of the Application, the formal confirmation of the order through which the Owner accepts the order sent by the User and informs him that he can proceed with the evasion of the same.
The Contract is concluded in the place where the registered office of the Owner is located.
The Owner reserves the right to refuse an order:
1. when the Product is not available;
2. when the Owner does not receive the authorization to charge the User for the cost of the Product;
3. when at the time of purchase an obviously incorrect and recognizable price is indicated as such. In this case, the User will be contacted by Customer Service to be informed and will receive a refund for the transaction made.
Until the User has received the confirmation referred to in the previous point, he has the right to proceed with the cancellation of the order by sending an e-mail to the Data Controller's address, as better specified in the clause relating to the "Right of Withdrawal" .
4 – Delivery methods
The Owner will arrange for the User to deliver the selected and ordered Products / Services to the Farm that will host him. Delivery will take place within the terms indicated in the order confirmation.
Upon receipt, the User is required to verify the conformity of the product delivered to him with the order placed; only after this verification will the transaction be considered closed.
The Owner assumes no responsibility for the delay or failure to deliver the goods attributable to non-fulfillment in delivery by the Agricultural Company supplying the Products / Services.
The Owner will not be liable to any party or third party for damages, losses and costs incurred as a result of the failure to execute the contract for the aforementioned causes, having the User only entitled to a refund of any price paid.
5 - Exclusion of the right of withdrawal
The User cannot exercise the right of withdrawal as the products sold on the e-commerce platform on this site are: a) customized (eg. Food baskets); b) rapidly perishable (eg fresh and perishable food products such as crops and food products deriving from them).
6 - Content sent by Users
It is forbidden to use an e-mail address that is not owned by the User, to use the personal data and credentials of another User in order to steal his identity, or in any other way to declare the origin of the Contents false.
The User grants the Owner an unlimited right of non-exclusive use of the Content sent by the User, without limitations of geographical areas. The Data Controller may therefore, directly or through trusted third parties, use, modify, copy, transmit, extract, publish, distribute, publicly perform, disseminate, create derivative works, host, index, store, annotate, encode, modify and adapt ( including without limitation the right to adapt for transmission by any means of communication) in any form or with any tool currently known or that will be invented in the future, any Content, which should be sent by the User, including through third parties.
The User also guarantees that the contents are sent to the Application through his or her account by adults. For minors, the sending of Content must be screened and authorized by the owners of parental authority.
7 - Industrial and Intellectual Property Rights
The Owner declares to be the owner and / or licensee of all intellectual property rights relating to and / or relating to the Application and / or the materials and content available on the Application. The User may use the Application and the materials and content therein only for personal and non-commercial use. These Conditions do not grant the User any license to use the Application and / or individual content and / or materials available there. Any other use or reproduction of the Application or the materials or contents contained therein is strictly prohibited.
All trademarks, figurative or nominative and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos appearing in the Application are and remain the exclusive property of the Owner or its licensors and are protected by current trademark laws and related international treaties.
Any reproductions in any form of the explanatory texts and contents of the Application, if not authorized, will be considered violations of the Owner's intellectual and industrial property rights.
8 - Exclusion of the Guarantee
The Application is provided "as is" and "as is available" and the Owner does not provide any explicit or implicit guarantee in relation to the Application, nor does it provide any guarantee that the Application will meet the needs of Users or that it will not it will never break or will be error free or it will be virus or bug free.
The Owner will endeavor to ensure that the Application is available continuously 24 hours a day, but will in no way be held responsible if, for any reason, the Application is not accessible and / or operational at any time or for any period. . Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons completely unrelated to the will of the Owner or for events of force majeure.
9 - Limitation of Liability
The User undertakes to indemnify and hold harmless the Owner (as well as any companies controlled or affiliated by the same, its representatives, collaborators, consultants, administrators, agents, licensees, partners and employees), from any obligation or liability, including any legal costs incurred to defend oneself in court, which should arise in the face of damages caused to other Users or third parties, in relation to the Content uploaded, to the violation of the terms of the law or the terms of these Conditions.
Therefore, the Owner will not be responsible for:
1. any losses that are not a direct consequence of the breach of the Contract by the Owner;
2. any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User (such as, by way of example but not limited to, commercial losses, loss of revenues, revenues, profits or presumed savings, loss of contracts or relationships commercial, loss of reputation or goodwill, etc.);
3. damages or losses deriving from interruptions or malfunctions of the Application due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of the will and outside the control of the Owner such as, by way of example and not exhaustive, breakdowns or interruptions to telephone or electricity lines, to the internet and / or in any case to other transmission tools, unavailability of websites, strikes, natural events, viruses and computer attacks, interruptions in the supply of products, services or applications of third parts;
4. incorrect or unsuitable use of the Application by Users or third parties;
5. the issuance of incorrect tax documents due to errors in the data provided by the user, the latter being solely responsible for the correct entry.
10 - Linking to third party sites
The Application may contain links to third party sites. The Owner does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites. Some of these links may refer to third party sites that provide services through the Application. In these cases, the general conditions for the use of the site and for the use of the service prepared by third parties will apply to the individual services, for which the Owner assumes no responsibility.
11 - Force majeure
The Data Controller cannot be held responsible for the failure or delayed fulfillment of its obligations hereunder, due to circumstances beyond the reasonable and foreseeable control of the Data Controller. The fulfillment of the obligations by the Owner under these Conditions will be considered suspended for the period in which the Force Majeure Events occur. The Data Controller will carry out any act in its power in order to identify solutions that allow the correct fulfillment of its obligations despite the persistence of Force Majeure Events.
12 - Waiver
No waiver by either party of any article of these Terms will be effective unless expressly stated to be a waiver and is communicated in writing.
13 - Invalidity of single clauses
If any provision of these Conditions is illegal or invalid, it will not be considered as part of the General Conditions and this will not affect the remaining provisions which will continue to be valid to the fullest extent permitted by law.
14 - Modification
The Owner reserves the right to modify these Conditions at any time by giving specific notice on the Application. The User acknowledges and accepts that any changes to these Conditions will apply to orders sent by Users after the date of communication of the modification of the Conditions.
15 – Privacy
16 - Applicable law and competent court
These Conditions and all disputes regarding the execution, interpretation and validity of this contract are subject to Italian law and to the exclusive jurisdiction of the court of the place where the Data Controller is based.
17 - Online dispute resolution for consumers
The consumer resident in Europe must be aware of the fact that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve in a non-judicial way any dispute relating to and / or deriving from contracts for the sale of goods and services entered into online. Consequently, the European consumer can use this platform for the resolution of any dispute arising from the online contract stipulated with the Owner. The platform is available at the following address: http://ec.europa.eu/consumers/odr/