Terms and conditions

Art. 1 - General provisions

1. These General Conditions of Sale apply exclusively to the sale of NASTI-branded food products made on the website www.agricolanasti.com, in compliance with the provisions of the civil code, of the legislative decree n.ro 70/03, of the Consumer Code (decree legislative n. 206/05) and subsequent amendments.

2. The sale is carried out by the Nasti Ida Agricultural Company, with registered office in Acquaviva delle sources,           Street  casamassima 14, (BARI - ITALY), VAT number 06276090724, TEL +39.3516779161          e-mail info@agricolanasti.com - PEC nastida@pec.it.

3. The user, browsing in this area, accesses the NASTI site using the url https://www.agricolanasti.com, hereinafter referred to as the site. The transmission of a purchase order from the site implies acceptance of the general conditions of sale and the personal data protection policies adopted by the site itself, which the user is invited to print, read and accept.

4. Nasti reserves the right to modify these general conditions unilaterally without notice.

Art. 2 - Orders - invoicing

1. Each order of Products sent to Nasti constitutes the Customer's contractual proposal. The fulfillment of the order by Nasti is equivalent to confirmation and acceptance of the same.
   The fiscal documentation relating to the ordered Products will be issued digitally by Nasti.
   An invoice will be issued after the customer has indicated the exact data necessary for billing and specified the shipping address of the invoice itself.

2. These General Conditions of Sale do not regulate the supply of services or the sale of products by parties other than Nasti, who may be present on the same site through links, banners or other hypertext links, for which Nasti is not responsible.

Art. 3 - Order acceptance

1. To purchase Nasti products for sale on the site www.agricolanasti.com, the user chooses the products from the "shop" existing on the site; adds them to the cart and proceeds to the "CHECKOUT" with the insertion of the user data requested in the relevant fields for the order, delivery and invoice; select the payment method among those indicated. The order will be forwarded to Nasti by pressing the "PLACE ORDER" command, after accepting these general conditions of sale and after confirming that by pressing the "PLACE ORDER" command, he will be obliged to pay for the purchased goods. In the event of an error on the goods subject to the order, the user can cancel the order before payment.

2. After sending the order, the user proceeds with the payment. In case of payment by bank transfer, the order will be pending until the payment is received.

3. Nasti, after verifying the correctness of the data communicated by the user and of the payment, sends the order confirmation to the email indicated by the user, or any change in the status of the order and the communication of cancellation of the order. Nasti will not be responsible for failure to receive the email for facts attributable to the user.

4. The order contains the characteristics of the ordered product, the price including taxes.

5. Orders are filed on the website www.agricolanasti.com.

Art. 4 - Registered users

1. In completing the registration procedures, the user undertakes to follow the instructions on the site and to provide their data correctly and truthfully.

2. The confirmation will in any case exempt Nasti from any responsibility regarding the data provided by the user. The user undertakes to promptly inform Nasti of any variation of his data at any time communicated.

3. If the user communicates inaccurate or incomplete data or even if there is a dispute by the interested parties about the payments made, Nasti will have the right not to activate or suspend the service until the correct data is provided or complete or resolved the related disputes.

4. On the occasion of the first request for activation of a profile by the user, Nasti will assign the same username and password. The latter acknowledges that these identifiers constitute the system for validating the user's access to the Services and the only system suitable for identifying the user that the acts performed through such access will be attributed to him and will have binding effect towards him.

5. The user undertakes to maintain the secrecy of his access data and to keep them with due care and diligence and not to transfer them, even temporarily, to third parties.

Art. 5 - Availability of products

1. The availability of the products for sale on the website www.agricolanasti.com refers to the actual availability of the product at the time of the order.

2. In the event that the ordered product is not fully or partially available, the user will be promptly informed, so as to choose whether to replace the missing product, wait for the product to become available again, modify or cancel the order.

3. If the user requests the total cancellation of the order, Nasti will refund the amount paid within 14 days from the moment in which Nasti became aware of the user's decision to cancel the order. The refund will be made with the same payment method used by the user during the purchase, except for the amount of shipping costs if the order has been placed  escaped.

4. If the user requests the partial cancellation of the order, Nasti will refund only the price of the products not purchased within 14 days from the moment in which Nasti became aware of the user's decision to cancel the order. The refund will be made with the same payment method used by the user during the purchase, except for the amount of shipping costs if the order is less than 199 euros.

Art. 6 - Methods of payment and prices

1. The price of the products will be that indicated from time to time in the product catalog on the site.

2. The prices of the products for sale on the site include VAT; they can change at any time. The changes do not affect orders for which confirmation has already been sent.

3. In the event of an error on the price offered, Nasti will notify the user allowing the confirmation of the order at the right amount or cancellation. In any case, Nasti is not obliged to supply what is sold at the lower price incorrectly indicated.

4. Once the desired products have been selected, they will be added to the cart. It will be sufficient to follow the instructions for the purchase, entering or verifying the information requested in each step of the process. Order details can be changed before payment.

5. Payment can only be made through the payment methods indicated on the site.

Art. 7 - Delivery

1. Nasti carries out shipments throughout the Italian territory in the manner present on the site and which are indicated to the user when placing the order.

2. Delivery will be made by the courier at the address indicated by the user when placing the order.

3. For the Italian territory, the delivery is made, under the conditions indicated by the courier, approximately 48-72 hours from the order confirmation but may vary depending on the working day in which the order is processed; in any case, the delivery will be made within the maximum term of thirty days from the confirmation of the order.

4. With regard to deliveries abroad (European Union or non-European Union countries) the delivery will be made approximately in 21 working days from the confirmation of the order, and in any case, within a maximum period of thirty days from the confirmation of the order. order.

5. Delivery takes place from Monday to Friday, excluding Saturdays, Sundays and public holidays.

6. Shipping costs are explicitly highlighted at the time the order is placed.

Art. 8 - Passing of risk

1. For the consumer user, the risks relating to the products purchased will pass to the user from the moment of delivery of the goods to the user or to the third party designated by him. The ownership of the products is considered acquired as soon as the full payment of all amounts due in relation to the same, including shipping costs, has been received.

2. For the non-consumer user, the risks relating to the products will be borne by the user upon delivery to the carrier.

Art. 9 - Warranty and commercial compliance

1. If the user is a consumer, pursuant to art. 132 of the Consumer Code (Legislative Decree No. 206/05), the seller is responsible when the lack of conformity occurs within two years from the delivery of the goods.

2. The consumer user loses the rights provided for in the legal guarantee if he does not report the lack of conformity to the seller in writing within two months from the date on which he discovered the defect.

3. If the user is not a consumer, the seller is responsible (Article 1490 of the civil code) when the lack of conformity occurs within one year from the delivery of the goods. The non-consumer user loses his rights under the legal guarantee if he does not report the lack of conformity to the seller in writing within eight days from the date on which he discovered the defect. (Article 1495 of the civil code)

Art. 10 - Right of Withdrawal

1. The user who has entered into the contract as a consumer has the right to withdraw from the purchase without any penalty and without specifying the reason, within the term of 14 days pursuant to art. 57 of the Consumer Code (Legislative Decree 206/2005) starting from the date of receipt of the products. In the case of multiple purchases made by the user with a single order and delivered separately, the 14-day term starts from the date of receipt of the last product.

2. The user who intends to exercise the right of withdrawal must communicate in writing the decision to withdraw from the order to Nasti in one of the following ways: by registered letter with return receipt to AZIENDA AGRICOLA NASTI IDA - Via Casamassima 14 - 70021 Acquaviva delle sources (BARI); by e-mail to info@agricolanasti.com ; by certified e-mail to the address nastida@pec.it.

3. In case of withdrawal by the Consumer, the goods must be returned to AZIENDA AGRICOLA NASTI IDA, via casamassima 14, Acquaviva delle sources (BA) 70021, at the user's expense, intact, sealed, in the original packaging, complete in all its parts and complete with the attached tax documentation.

4. The right of withdrawal is however subject to the following conditions: a) The withdrawal applies to the product purchased in its entirety, therefore the user cannot exercise the withdrawal on a part of the product purchased; b) the shipping costs for returning the goods are charged to the user; c) the user is responsible for the shipment until Nasti has received the returned goods; d) Nasti is not responsible in any way for damage or theft / loss of goods returned by uninsured shipments; e) In case of damage to the returned goods during the return journey; f) the user cannot in any way exercise the right of withdrawal for perishable goods whose expiry date is less than or equal to 10 days. In the cases referred to in letters e) and f), Nasti will notify the user at the e-mail address indicated by the user within 5 working days of receipt of the goods at their headquarters, to allow the user to submit the complaint in the against the courier chosen by him and obtain a refund of the value of the goods if insured. In this case, the product will be made available to the user for its return at the same time as canceling the request for withdrawal.

5. Withdrawal is excluded in the case of goods indicated in art. 59 of the Legislative Decree n. 21/2014. (by way of example but not limited to, the types of products marketed on the site that are most likely to be subject to this exclusion are mentioned, namely: art.59 letter c) supply of tailor-made or clearly personalized goods; art. 59 lett. d) supply of goods which risk deteriorating during transport or expire rapidly; art. 59 lett. e) supply of sealed goods which cannot be returned for hygienic reasons or related to health protection and have been opened after delivery; art. 59 letter f) supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods). In case of exclusion of the withdrawal, the products, if already received by Nasti, will be returned to the user with a charge of the shipping costs.

6. Without prejudice to the right to verify compliance with the conditions and the existence of the right of withdrawal, Nasti will reimburse the amount of the products subject to the withdrawal within a maximum period of 14 days that will run, based on the provisions of art. 56 paragraph 3 of the Consumer Code (Legislative Decree 206/2005), from receipt of the goods.

7. Nasti will reimburse using the same payment method chosen by the user during the purchase, unless the user has otherwise agreed. In the case of payment made by bank transfer and if the user intends to exercise his right of withdrawal, he must communicate in writing, in one of the methods chosen from those indicated in point 3 of this article, the bank details: IBAN, SWIFT and BIC necessary for the reimbursement; the reimbursement will remain pending until the relative communication is received by Nasti.

8. As a result of exercising the right of withdrawal, Nasti will return the amounts including delivery costs, with the exclusion of any additional costs deriving from the choice of a delivery method other than the ordinary method offered.

9. The right of withdrawal does not apply in any case of purchase by a non-consumer.

Art. 11 - Data processing

1. The user's data are processed in accordance with the provisions of the legislation on the protection of personal data, as specified in the specific section containing the information pursuant to EU Regulation 2016/679 and legislative decree 196/03.

Art. 12 - Complaints

Dispute resolution, applicable law and competent court

1. These General Conditions of Sale are governed by Italian law and interpreted on the basis of it. Consequently, the interpretation, execution and termination of the General Conditions of Sale are subject exclusively to Italian law. In the case of a consumer user, any other mandatory rule prevailing in the country of habitual residence of the user is reserved.

2. Any communications and / or complaints about the products purchased must be sent in writing by e-mail to Info@agricolanasti.com .

3. For the resolution of disputes arising from this contract, the user who holds the status of Consumer resident in Europe, can contact the online platform https://ec.europa.eu/consumers/odr, which provides an alternative dispute resolution tool. This tool can be used by the consumer resident in Europe to resolve in a non-judicial way any dispute relating to contracts for the sale of goods entered into online.

4. Whatever the outcome of the non-judicial resolution procedure, for disputes arising from this contract, the possibility of resorting to the Italian ordinary judicial authority is reserved.

5. If the user holds the status of Consumer, any disputes must be resolved by the court of the place of domicile or residence of the same. In the case of a non-consumer user, the competent court is that of Bari.

Art. 13 - Safeguard clause

In the event that one of the clauses of these General Conditions of Sale is null for any reason, this will in no case compromise the validity and compliance with the other provisions contained in these General Conditions of Sale.

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