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Conditions of Use

 

TERMS OF SALE

Please read this carefully. By using or submitting an order (and any subsequent orders) on this web site you are agreeing to the terms that appear below.

To register with and shop with Coltivarti.com you must be eighteen years of age or over.

1 PURCHASE CONTRACT

1.1 This web site is operated by Coltivarti.com ("we", "us" or "our"). By using the Coltivarti.com website you are bound by these terms and conditions.

All use and purchases made on this web site are governed by these Terms and Conditions at any time.

1.2 We will confirm acceptance of your order placed directly by using the Coltivarti.com website and an automated order being generated. This will occur by us sending an e-mail to the e-mail address you have provided to us when registering with Coltivarti.com. At the point of acceptance the purchase contract will be made and we will supply the goods to you in accordance with your order and these Terms and Conditions.

1.3 If you have placed an order for delivery we will endeavour also to send you a "dispatched" email alerting you to the shipment and reminding you of the scheduled delivery time of your order.

1.4 Any orders placed through the Coltivarti.com website may be amended or cancelled by the customer at no charge, provided that this is done before the dispatched time stated on the dispatched email or if none, as set out in clause 6 below. Any orders that have not been cancelled by this dispatched time are binding, and will be delivered.

1.5 You must be 18 years old or over and must have completed the registration process in order to participate in our service.


2 PRICE AND DELIVERY CHARGES

2.1 Goods are sold and priced by each (ie a fixed price per item) and packaged by us (as further identified on the website). The price of the goods will be as quoted on the web site at the time you confirm your order subject only to any inadvertent technical error for which we will not be liable. If you subsequently amend your order to add items, the prices charged for new products which were not in your original order will be the prices quoted at the time you confirm your amended order. However, if you add more of the same items which were in your original order, then the prices charged for these items will be the prices quoted at the time you confirmed your original order. Where a substitute item is offered in place of an item ordered, the price charged for that substitute item (if accepted) will be the price applicable at the time the item is substituted. Please note that as promotions are offered for a limited period of time subsequent amendments to your order may mean that certain promotions are no longer being offered.

2.2 The prices stated on the website will be inclusive of any VAT payable.

2.3 Each order you make may include a charge for delivery. If your delivery is subject to a delivery charge, it will be shown to you as a separate charge on the delivery confirmation page before you confirm your order. Any delivery charge added to your order will be dependant upon, amongst other things, the value of your order, the date and time of your delivery and your delivery address and charges may vary from week to week.


3 METHODS OF PAYMENT

3.1 Payment may be made by debit or credit card and PAypal account cards. Any refunds arising from an order paid for by vouchers shall be given in Coltivarti vouchers. You cannot pay for your order by cash or cheque.

3.2 The debit and credit cards accepted by us are those listed on the web site on the date on which your order is placed.

3.3 Authority for payment will be requested from your card issuer at the time of your order. We reserve the right to terminate our agreement with you if we are refused authority for payment or reasonably believe that payment will be refused at any stage.

3.4 You agree to compensate us in full against all reasonable costs expenses and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs. This will include an administration charge of not less than £20. We may at any time after a failed payment has occurred ask a debt collection agency to collect payment from you.


4 DELIVERY

4.1 Delivery days and times may vary from product to product and from time to time. They will be specified during the ordering process and you will be able to see them before submitting the order. Delivery will be made to the address specified by you when you register on the website. You have the ability to change this address through the "Change your Address" feature on the website, and you must do so if you want us to deliver to the correct address. We reserve the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas from our delivery schedule altogether.

4.2 Products are subject to availability and prevailing market conditions. We may limit the quantities of goods (particularly goods on special offer) supplied to any one customer if in our opinion the quantity ordered jeopardises availability for other customers. In the event of non-availability of any goods you order, we may offer a reasonable substitute. This may affect the price you pay. You may reject any substitute item and we will refund the amount you have been charged for that substitute. It is our policy to identify any substitute items to you at the time of delivery and give you the opportunity to accept or reject the item at that time.

4.3 We will always try to supply you with the full quantity that you have ordered. If you are not satisfied with the quantity you have received we will arrange with you for goods to be returned to us (please note that the goods must not be used and must be in good condition). In the event that the goods delivered to you are incomplete or include incorrect goods, you must notify us promptly. You will not be charged for any incorrect goods or goods which you have not received. In any event, subject to clause 7.1 below, our liability will be limited to the price of the goods not delivered or incorrectly delivered and the cost of delivery.

4.4 We take special care to endeavour that deliveries are made within a short delivery slot and accordingly, it is your responsibility to ensure that an appropriate person is available at the delivery address at all times during the delivery slot. We may ask that an appropriate person signs for the goods on delivery. If no one is at the address when the delivery is attempted the goods will be retained by us. We will leave notification of delivery and will telephone to attempt to rearrange the delivery.

4.5 Please note adverse weather conditions or other events outside of our reasonable control may result in the occasional late or cancelled delivery. If that is the case we will endeavour to contact you as soon as we are able to in order to reschedule your delivery time and date. In any event, subject to clause 7.1 below, our liability to you will be limited to the price of goods not delivered and the cost of delivery.

4.6 Should you fail to be present for your delivery we are entitled to charge you in full for an amount equal to the price of perishable items contained in your order and the cost of delivery.

4.7 Colivarti will ordinarily only make deliveries when an appropriate person is able to receive the delivery. In the event that you instruct us to leave a delivery unattended at your address we expressly disclaim all liability which may arise by virtue of the delivery being left unattended for a period of time. This includes but is not limited to theft, tampering, contamination and the result of any change in temperature.

4.8 The carrier is bound to provide you with a delivery receipt. The consignee is bound to sign the delivery receipt and to include the damages (if spotted at the delivery) in the delivery notes. Please do not sign a delivery note before receiving the goods.


5 DEFECTIVE GOODS

5.1 We guarantee the quality of our goods. You must inspect the goods and notify us promptly in writing at sales@coltivarti.com or by phoning us of any dissatisfaction with your order. We will promptly and fully refund the price of any goods that do not meet with your reasonable satisfaction or arrange for the delivery of replacement goods, provided that you notify us within 14 days of delivery of the goods. We will arrange with you for the goods to be returned to us.

5.2 Subject to clause 7.1 below, we will not accept any further claims for loss from or in connection with the supply of faulty goods, whether direct, indirect, consequential or otherwise, howsoever arising.

5.3 If you spot any damage at the delivery make sure you state it in the delivery notes. Alternatively you can make a claim after 24 hours from the delivery.


6 AMENDMENT OF ORDERS AND CANCELLATION RIGHTS

6.1 The confirmation e-mail you receive from us confirming your order will set out the last time that, you may amend your order prior to delivery.

6.2 In respect of non-perishable items, you have the right to cancel the contract at any time until the expiry of the 10th working day after the date of delivery of the goods by notifying us by telephone or e-mail at sales@coltivarti.com. Goods to be returned must be kept undamaged.

6.3 We will arrange with you for cancelled non-perishable goods to be returned to us, and we will credit your payment card with the price of such goods within a reasonable period from the day on which cancellation was given (provided payment has already been debited to your payment card).

6.4 If you wish to return non defective goods, transportation costs (both delivery and return that apply) as well as all bank charges generated on account of this transaction shall be covered by you.

6.5 Refunds can only be made once the product has been returned to Coltivarti and within a 28 day period.

6.6 Unwanted and non faulty goods must be returned meeting the same non defective status they were sent to you.


7 WARRANTY AND LIABILITY

7.1 In addition to paragraph 4.4, we will not be deemed to be in breach of contract or of these Terms and Conditions as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, breakdown of equipment, road traffic problems.

7.2 Our maximum liability arising out of any order for the supply of goods to you under this contract will be limited to the retail price of the goods contained in that order.


8 PRIVACY

8.1 To help us ensure the best possible service some telephone calls will be recorded.

8.2 In assessing your request for delivery from us we may make enquiries about you including searching your records held by organisations and credit reference agencies. We may also check your details held by fraud prevention schemes.

8.3 We respect your privacy. The personal information that you give us is held with care and security. We do not sell, rent or transfer this information to third parties for their marketing purposes unless you agree otherwise. Our full privacy policy .

8.4 At the time of your registration you will receive a password. Please keep this secret, as you are entirely responsible if you do not maintain the confidentiality of your password. You are entirely responsible for all orders placed with us or information given to us under your e-mail address in combination with your password. You must immediately notify us of any unauthorised use of your e-mail address and/or password or any breach of security known to you.

8.5 Coltivarti.com neither accesses nor records data from your debit or credit card or Paypal account at any time, as this data is managed through a virtual payment gateway or POS (Point of Sale) provided by our bank or through Paypal, bearing in mind that these gateways meet all the security conditions required by the Italian law.


9 CUSTOMER COMPLAINTS

9.1 Any Customer complaints should be addressed to us – you will find an e-mail link or address and telephone numbers listed on our website in the contact section.


10 SPECIAL OFFERS PROMOTIONS AND COMPETITIONS

10.1 From time to time, and in our complete discretion, purchases of goods may be subject to special offers. In the event that such a special offer applies to your purchase, the terms of such special offer shall be subject to these Terms and Conditions. If there is any conflict between the terms of a special offer and these Terms and Conditions, these Terms and Conditions shall prevail unless specifically excluded.

10.2 We may change the terms of special offers, or withdraw them altogether, at any time and without prior notice. Subject to clauses 2.1 and 4.2, we will honour at the offer price any order placed by you before an offer ends, or is amended or withdrawn.

10.3 We reserve the right to offer in our complete discretion different customers different special offers, promotions and the ability to enter different competitions.


11 GENERAL

11.1 If any of these Terms and Conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.

11.2 All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website shall remain at all times vested in us or our licensors. You are permitted to use the material data and content only for your personal use in placing orders through Coltivarti.com, and you may not otherwise copy, reproduce, transmit, publish, display, distribute, commercially exploit, use or create derivative works of any material data and content on the Coltivarti.com website without our prior written permission. Coltivarti may impose a fee on any proposed use of the material data and content contained on its website, other than for placing orders through the Coltivarti.com website.

11.3 These Terms and Conditions will be governed by Italian law and the parties submit to the exclusive jurisdiction of the Italian courts in relation to any dispute which may arise between them.



12 UPDATES

12.1 We may change the terms of this Terms and Conditions from time to time and you should check it regularly. Your use of the Coltivarti web site will at all times be subject to the Terms and Conditions applicable at the time of each use.


13 FURTHER INFORMATION

13.1 If you have questions about our Terms and Conditions, please contact us at info@coltivarti.com with the subject “Terms&Conditions” in the subject line.

Coltivarti.com is a trading name of Azienda Agricola Marco Tricarico. Azienda Agricola Marco Tricarico is registered in Italy at "Registro delle Imprese di Bari", with "Partita IVA" N. 01899050726.

 

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