This website www.baxaico.it and any mobile application of Azienda Agricola La Canonica (hereinafter, the “Website”) are owned by Azienda Agricola La Canonica, with registered office in Via Pavia 68/15, 16039, Sestri Levante (Ge) p. iva 02500040999 and tax code PCCNDR67D16I693B, and is dedicated to the retail sale of food, beverages or processed goods. The Website is designed, created and managed directly by Azienda Agricola La Canonica and allows Users (as defined below) to:
- view the Products (as defined below), such as food, beverages and cosmetics of farmers and / or entrepreneurs or artisans consortia of farmers, purchased through the Web Site;
- select the Products they intend to purchase, available for purchase either on an occasional basis (Occasional Service) or by subscription (Subscription Service);
use the service of transporting the Products to your home;
- pay the amount due to Azienda Agricola La Canonica for the purchase of the selected Products, according to the Service (as defined below) chosen.
THE COMPANY, AS PART OF ITS POLICY OF FAIRNESS AND TRANSPARENCY, INVITES EACH USER OF THE WEBSITE (HEREINAFTER, THE ‘USER’), BEFORE STARTING TO NAVIGATE THE WEBSITE, TO READ CAREFULLY THESE TERMS AND CONDITIONS (“T & C”) THAT GOVERN THE SERVICES OFFERED THROUGH THE WEBSITE.
IF YOU DO NOT INTEND TO ACCEPT THESE T&C AND/OR ANY OTHER NOTES, LEGAL NOTICES, INFORMATION OR DECLARATION OF LIMITATION OF LIABILITY PUBLISHED ON THE WEBSITE, PLEASE DO NOT USE THE WEBSITE OR ITS SERVICES.
1. TERMS AND CONDITIONS OF USE
These T&Cs define and regulate the general conditions of use of the Website and the Services provided to the User by Azienda Agricola La Canonica, as identified above, in the person of its legal representative pro tempore (the “Company” or “Azienda Agricola La Canonica”).
The use of the Website by each User, regardless of whether he/she is a Visiting User, a Registered User, an Occasional User or a Subscriber (as defined below), is subject to the terms and conditions set forth in these T&C, even if the User does not make use of any of the Services or features available on the Website.
In these T&C, in addition to the terms defined elsewhere, the terms listed below shall have the meaning attributed next to each of them. In particular:
Website – means the website accessible at www.baxaico.it, but also all internet addresses (e.g. URLs, domain names and pages) and/or the related application software for the use of the Services that the Company controls or manages and that are used to offer or provide the Services as well as all mirrors, replacements and backups and all web pages that the sites include.
For clarity, it is specified that any reference to the “Website” contained in this T&C includes all current or future versions of the www.baxaico website.It, as well as any mobile application through which you have access to the site or services of Azienda Agricola La Canonica and this regardless of whether, in either case, access is through a platform or a device currently existing or through a platform or a future device (including, but not limited to, any mobile site, mobile application, affiliate or related site intended to provide access to the site or services of Azienda Agricola La Canonica possibly developed over time).
Company – means Azienda Agricola La Canonica, as identified above.
Service – means individually or collectively any service and all associated functions offered on the Website either free of charge or against payment and offered directly by the Company or by third parties with our contribution. The term “Service” includes, in the absence of specifications, the Web Site and all services, including fee-based services, functions, and features that are offered within the Web Site and that are however made available to Users.
User – means the Visiting User or Registered User or Occasional User or Subscriber and in any case anyone who uses or is about to use or use the Services and/or the Website.
Visiting User – means the user who browses the Website and/or uses the functions and/or Services made available to all Users without registering on the Website or subscribing to any Occasional Service or Subscription Service.
Registered User – means the user who registers by providing personal information to obtain access to the use of the Service accessible only after Registration (as defined below) at the Website.
Occasional User – means the Registered User who activates the Occasional Service (as defined below) under the conditions set forth in these T&Cs.
Subscriber – means the Registered User who activates the Subscription Service (as defined below) under the conditions set out in these T&C.
Agricultural Producers – are the Companies, Craftsmen, Agricultural Producers or Consortiums whose Products (as defined below) are sold through the Website to occasional Users and Subscribers.
Products – products sold through the Website to Occasional Users and Subscribing Users.
Transporter – transport company or freelance professional delegated to transport the Products from the Agricultural Producer to the User.
2. CHANGE IN T&C
The User undertakes to periodically view the T&Cs, it being understood that the Company will do what is reasonably necessary and appropriate to inform the User, through the Website itself, of any change in the T&Cs and/or Services.
The modifications to the T&C and/or to the relative Services shall be effective from the moment of publication on the Website and shall be applied only to the sales concluded subsequently.
The Company will inform the Users of the changes to the present T&C or to the functionalities/limitations of the Services and/or to the costs of the same by means of publication on the Website and, for Registered Users, by means of a specific communication sent to the email address of the User indicated at the time of registration to the Website and/or subsequently.
Changes and updates will be deemed accepted by Users by connecting to the Web Site or using the Web Site after the time the change has been published on the Web Site.
If the User does not agree with the changes made, the User is invited not to use the Website and, if he is a Registered User, he can proceed to the cancellation of his account, by accessing the “Profile” section of the Website, clicking on “Account” and then on “Delete Account”.
3. AGE AND RESIDENCE
The Website and the Services offered are intended for Users residing in Italy who are at least 18 (eighteenth) years of age. The Service is automatically provided by computerized systems.
The User who intends to register or subscribe to the Service by registering and subsequently selecting the Services guarantees to be of legal age, and that the personal data provided are true, correct, updated, referred to the person who enters or entered them with the consent of the third party, assuming all responsibility for the correctness and truthfulness of the information provided. Should there be any changes in the data provided by the Users, it will be the responsibility of the latter to inform the Company of the updates as soon as possible.
4. WEBSITE REGISTRATION
The navigation of some sections of the Web Site and the use of the Service offered within the Web Site are also accessible free of charge by Visiting Users.
The Company reserves the right to allow, even temporarily, Visiting Users to use the Service and access some areas normally reserved for Registered Users.
In order to fully and completely use the Service offered by the Website, registration to the Website is required.
4.1. Methods of registration to the Website
In order to use the Services, the User is required to register by providing some personal information (hereinafter, the “Registration”), indicating a valid personal e-mail address and creating a personal account (hereinafter, the “Profile”), following the relevant registration procedure illustrated from time to time at the time of Registration, to allow the Company to have a sufficient purchase profile to provide the Services.
Access to the Site is permitted only through the use of the username and password chosen during Registration.
Registered Users may at any time access their Profile to update or modify the data entered, including information relating to their preferences. It is understood that the Registered User will be solely responsible for the truthfulness and updating of such information.
If the User does not complete the Registration or authentication procedure after providing the e-mail address and/or other data required for Registration, the User may receive a limited number of communications that will invite him to complete the registration process and describe the service for which the registration process was initiated, without prejudice to the User’s right to delete their data and delete their Profile from the Website by writing to firstname.lastname@example.org with the subject “Cancellation request”.
The Registered User undertakes to provide a personal e-mail address, which he guarantees to have legitimately and to which he regularly has access. The Registered User also undertakes to promptly update his/her e-mail address registered on the Profile in the event of a change. Profiles registered with the e-mail address belonging to subjects other than the Registered User or with temporary e-mail addresses may be deleted by Azienda Agricola La Canonica without notice. Azienda Agricola La Canonica also reserves the right to validate individual accounts where Azienda Agricola La Canonica has reason to believe that the e-mail addresses provided are not valid.
4.3. Cancellation of the Profile
Users may cancel their Profile at any time by accessing the “Profile” section of the Website, clicking on “Account” and then on “Delete Account”.
5.1. Public offer
All Products and prices indicated in the Services constitute an offer to the public with the limitations and modalities contained in the Website itself and in the present T&C.
5.2. Graphic dress
The illustrative photographs of the Products have a purely representative function and have the sole purpose of presenting the Products. Consequently, the Company declines all responsibility and does not provide any guarantee with regard to the correspondence between the graphic appearance of the Products published on the Website and that of the Products delivered.
5.3. Variable weight products
Products with varying weights (e.g. fruit, vegetables, meat, fish, gastronomy products and cheeses) are offered on the website in guaranteed minimum sizes and weights.
In the event that the Products purchased include one or more of these products with variable weight, the Company will apply only the price calculated at the time of the order, without any consideration of price increases or decreases, which may occur later or previously concluded.
5.4. Products per package
In the event that the Products purchased through the Services include one or more of such products per package, the Company will apply only the price calculated at the time of order, without any consideration of price increases or decreases, even for promotions, which may have occurred later or previously concluded.
All prices include VAT. The cost of delivery and management of the service is not included in the price of the Products unless expressly indicated.
The Service offered by Azienda Agricola La Canonica to Registered Users is a service that allows you to
- view the Products that can be purchased through the Web Site;
- select the Products that the User intends to order and purchase;
- choose between two different ways of providing the Service:
- occasional, i.e. to purchase the Products one-off according to one’s needs and requirements (the “Occasional Service”),
- pay the amount due to the Company for the purchase of Products offered on the Website;
- use the delivery service of the Products to the delivery address indicated by the User.
7. THE OCCASIONAL SERVICE
Once the Registered User has registered on the Website, the Registered User may purchase the Products by using the Occasional Service and thus incurring individual costs by selecting the Products he/she wishes to receive from time to time.
If the Registered User decides to use the Occasional Service, he/she will be subject to the specific provisions of this Article 7 (The Occasional Service).
7.1. Purchase of Products
The Occasional User, by connecting to the Website, can select the city of reference and the date chosen for the delivery of the shopping and view all the Products available for purchase, selecting those of interest to him and adding them to the cart.
Once the single shopping has been completed, by clicking on “Shopping Cart”, in the “Market Products” section, the Occasional User may (i) verify the Products added to the shopping cart, the relative purchase price and the total cost of the single shopping cart, (ii) add or eliminate the selected Products by clicking on the relative symbols and (iii) proceed with the purchase of the Products by clicking on “Checkout”.
In the “Checkout” section, the Occasional User must confirm their shipping and billing information, choose the delivery time and complete the purchase order by proceeding to payment using one of the payment methods available in the “Your receipt” section. In this section, the Occasional User can also enter the coupon code to take advantage of any promotions received.
The amount of the single expense will be charged exclusively following the acceptance of the purchase order by Azienda Agricola La Canonica.
7.2. Purchase order
The purchase order completed by the Occasional User following the procedure indicated in paragraph 7.1 above will be binding on the Company only if the entire order process has been completed regularly and correctly without any evidence of error messages from the Website.
7.2.1. Acceptance of the purchase order
The Company will check the purchase order and the availability of the Products.
The acceptance by the Company of the purchase order of an Occasional Service will result in the immediate debit of the amount of the single expense depending on the payment method selected by the Occasional User.
7.2.2. Confirmation of purchase order
Following the acceptance of the order, the Occasional User will receive confirmation by e-mail of the purchase with an express indication of the summary of the Products ordered and their prices, the date and time of delivery and the general and special conditions applicable to the order itself.
7.3. Consideration and payment methods
To proceed with the purchase of Products, the Occasional User must select the method of payment from those available on the Website.
7.3.1. Payment by credit card or PAYPAL payment system
The circuits on which you can buy within the Website are:
- AMERICAN EXPRESS
- DINERS CLUB
To ensure maximum security, the Registered User will make the payment transaction directly on the secure server of the payment system provider.
Once the order has been confirmed, the Registered User will be redirected to the PayPal site where he can make the payment with his account or using a card, including a prepaid card, or in any case according to the methods accepted by Paypal and in compliance with the relevant conditions.
With the activation of the Occasional Service, the Occasional User:
a) guarantees the availability of the amount necessary to pay for the Products ordered through the Occasional Service;
b) expressly authorizes the Company or third parties authorized by the Company to keep on its systems the credit card identification so as to allow the Occasional User to repurchase the Services in an easy way;
c) expressly authorizes the Company to make available the receipt/invoice of the Occasional Service on the personal profile (section “My expenses”) where it will be available for downloading the electronic document.
If the purchase is made by a professional, it will be possible to request the issue of the invoice by selecting the appropriate box during the order process and entering the billing information including tax code and / or VAT number. The professional is responsible for the correct insertion of the billing data and is expressly informed that, in the event of failure to request an invoice at the time of order, it will not be possible to request it later.
8. GIFT VOUCHERS
The gift certificate is a virtual card to climb. It can be used for the purchase of products exclusively on the website of Azienda Agricola La Canonica.
The amount is scalable and can therefore be used for more than one purchase until the value contained has been fully exhausted or upon partial payment of a purchase and the resulting balance can be used for future purchases. The balance does not give the right to cash refunds for the amount contained nor can it be exchanged for money.
The gift certificate cannot be redeemed and must be used within 12 months from the date of purchase. At any time, the residual value of the gift voucher can be verified on the Website by consulting the item “Credit” both in the “Shopping Cart” and at the “Checkout”.
The gift certificate is associated with a Profile and can not be used or sold for purchases of third-party accounts.
In case of loss of the code, the voucher can not be blocked, will not be replaced and no responsibility can be attributed to Azienda Agricola La Canonica for its improper or unauthorized use.
9. DELIVERY OF PRODUCTS
9.1. Methods of delivery
The Company will arrange the delivery of the Products to the address indicated by the Occasional User and the Subscriber by means of selected professional transporters.
The Company delivers the Products purchased only in the areas enabled and also indicated in the “FAQ”. The Products will be delivered on the days and at the times chosen by the Occasional User and the Subscriber. If not explicitly agreed in writing, delivery requires the presence of the Registered User or a representative at the address and time specified in the order.
The delivery service is guaranteed only for homes that can be reached with the means provided by the suppliers of the Company (are excluded, for example, homes that can only be reached by dirt roads or only pedestrian).
Upon delivery of the goods, the User, or the person appointed by him, will be required to verify that the packaging is intact, undamaged or otherwise altered. Any damage to the packaging and/or to the Products must be immediately reported by the User, by affixing a written reservation of control on the delivery document of the Carrier and specifying the reason for the reservation (for example, “Hollow packaging”, “Tampered packaging”). For any anomalies found on the Products, other than those due to the physiological deterioration of food products or the mere imperfection of the packaging, the User may contact the Company at the email address email@example.com or through the “Contact Us” section of the Website and specifying the defects found and documenting it with photographic material.
The Registered User acknowledges and accepts that in case of impossibility of delivery of the Products due to his/her (or the person in charge of receiving the expense) absence at the time of delivery on the day and time agreed, the Products will not be canceled from the order and the amount will not be credited to the Occasional User / Subscriber.
The Company undertakes to perform the Services in good faith and to fulfil, or ensure that they are fulfilled, with the utmost diligence, all the obligations established herein in the spirit of solidarity and self-organization that characterizes and must characterize all the activities and services offered and used by Users through the Website.
The Company will not be responsible for any delays occurring during transport. Similarly, the Company shall not be held liable for any loss, damage, misdelivery or non-delivery caused by events and/or causes of force majeure or fortuitous events, such as, but not limited to: natural disasters, adverse weather conditions (such as heavy snowfall), any strikes (of its own or other employees), accidents to vehicles, explosions or any other cause, similar or different, occurred outside the control of the Company and not attributable to it, even pre-existing, which prevents or aggravates the total or partial performance of the contract.
10. RIGHT OF WITHDRAWAL
10.1. Cases of exclusion of the right of withdrawal
Pursuant to Article 59, paragraph 1, letters d) and e) of Legislative Decree no. 206 of 6 September 2005 (Consumer Code), the right of withdrawal is excluded in relation to:
a) Goods purchased by a Non-Consumer User and/or requiring an invoice;
b) Goods that are likely to deteriorate or expire rapidly; and
c) Sealed goods that are not suitable for return for reasons of hygiene or health protection and that have been opened after delivery.
With reference to the cases of exclusion of the right of withdrawal listed above, the User, in particular, is informed and accepts that among the Products that “are likely to deteriorate or expire rapidly” include both all food products, as the characteristics and qualities of these types of Products are subject to alteration also as a result of improper storage. Therefore, for reasons of hygiene and protection of Users, the right of withdrawal is only applicable to Products purchased on the Website that can be returned to Azienda Agricola La Canonica, intact in their respective seal, and put back on the market without danger to the health of consumers.
10.2 Exercise of the right of withdrawal
The Occasional User and the Subscriber may exercise the right of withdrawal, pursuant to art. 52 et seq. of Legislative Decree 206/2005, in relation to specific Products, other than those listed in paragraph 11.1 above, provided that these, after delivery, have not been opened or their seals altered.
In cases where the exercise of the right of withdrawal is permitted, the User has the right to withdraw from the purchase contract for any reason, without explanation and without penalty.
To exercise the right of withdrawal, the User must send Azienda Agricola La Canonica, within 14 days from the date of delivery of the Products, a written notice by e-mail to the following email address firstname.lastname@example.org with subject “Exercise of the right of withdrawal” and:
a) attaching the form downloadable here or;
b) expressly declaring their willingness to withdraw and providing the following additional information:
i. purchase order number and date;
ii. date of delivery of the purchase order;
iii. the name and address of the Occasional User/Subscriber;
iv. the indication of an email and telephone number of the Occasional User/Subscriber;
v. code of the article or articles for which you intend to exercise the right of withdrawal.
The right of withdrawal applies to the Product purchased in its entirety, so if the Product consists of multiple components or parts can not be exercised the right of withdrawal only on part of the Product purchased.
Upon receipt of the notice of exercise of the right of withdrawal, Azienda Agricola La Canonica will open a file for the management of the return and communicate to the User instructions on how to return the Products, which will be done by courier indicated by Azienda Agricola La Canonica itself.
In the event of exercising the right of withdrawal Azienda Agricola La Canonica will refund the User the full amount of the returned Products, within 14 days from the date on which the notice of withdrawal was received, without prejudice to the right of Azienda Agricola La Canonica to suspend payment of the refund until actual receipt of the Products. The refund will be made using the same method of payment used by the User.
11. USER OBLIGATIONS
The User undertakes not to use the Website and/or related Services for illegal purposes or purposes not contemplated in these T&Cs. The User may not use the Website or the Related Services in such a way as to damage or in any way prejudice the Website or interfere with the use and enjoyment of the Website of the Related Services by other Users.
Registered Users are required to keep their access credentials to their Profile confidential and are responsible for any use of the Website that is made by anyone who accesses using their credentials. The Registered User undertakes in any case (i) not to use machines, algorithms, software or other automatic functions to generate the retrieval of pages or materials, (ii) not to generate retrievals of pages, through “chains of S. Antonio”, e-mails or other means, by which a person or a group of persons is required to consult a page and (iii) notify the Company immediately in the event of a suspected breach of security of their Profile.
12. LIMITATIONS OF LIABILITY
The Company undertakes to implement the rules relating to the cold chain (where necessary, such as for meat) and in general the quality standards relating to the Products only until the time of delivery at the place indicated by the Occasional User / Subscriber; any liability relating to the poor condition of the Products due to improper storage after the time of delivery or at other points of delivery authorized by the user is excluded.
The Company declines all responsibility for the information, data and any technical or other inaccuracies that may be contained on the Website.
The Company declines all responsibility for the information provided/acquired directly by the individual Agricultural Producers.
Any disputes relating to the performance of the Service may be raised, under penalty of forfeiture, within 48 (forty-eight) hours after delivery by writing to email@example.com or through the “Contact Us” section, documenting the dispute also with photographic material.
The Company shall not be liable for any damage resulting from inaccessibility to the Services resulting from problems connected to the network, to providers or to telephone and/or telematic connections of which the same does not have control, to the failure and/or defective functioning of the electronic equipment of the User or of the suppliers of the Company.
The Company assumes no responsibility for content created or published on third party sites with which the Website has a hyperlink (“link”). The User who decides to visit a website linked to the Website does so at his or her own risk, assuming the responsibility of taking all necessary measures against viruses or other malware.
In order to ensure maximum freshness linked to the seasonality of the Products and the variability of production depending on weather conditions (drought, heavy rains, snowfall, frost), the Registered User acknowledges and accepts that sporadically not all the Products indicated in the order sent and accepted by the Company may be delivered.
In this case, the Company will promptly refund the amounts relating to the Products ordered and not delivered.
For each order placed, Azienda Agricola La Canonica will issue a receipt or, on request, an invoice for the Products shipped, which will be sent to the Registered User by e-mail (pursuant to and for the purposes of Article 14 of Presidential Decree 445/00 and Legislative Decree 52/2004). The data provided by the Registered User at the time of the order will be included in the relative receipt/invoice, it being understood that no variation will be possible following the issue of the receipt/invoice itself.
13. RESOLUTION. TERMINATION OF SERVICES
The Company reserves the right to notify the User of the prohibition of access to and use of the Website and Services, or any part thereof, at any time and with immediate effect, in the event of a breach by the User of its obligations under Articles 7.3 (Fees and payment methods) and 8.3 (Fees and payment methods) and 12 (Obligations of the User) above.
Access to the Website may also be temporarily interrupted in the event of technical problems or to ensure its maintenance. If possible, such interruptions will be communicated on the Website.
At any time, the Company may make improvements and/or changes to the Website and Services if this is necessary for technical reasons or in order to comply with current legislation.
The Company also reserves the right to cease, in whole or in part, the performance of the Services at any time and with reasonable notice in order to allow Occasional Users and Registered Users to use the orders sent. In such event, the Company shall promptly notify Registered Users, Occasional Users and Subscribed Users by e-mail and, in general, Users by notice on the Website.
14. ADDITIONAL INFORMATION. SUSPENSION OF SERVICES
The Company reserves the right to request additional information from the Occasional User and the Subscriber or to send copies of documents proving the ownership of the paper used.
The Company reserves the right not to accept the purchase order and/or to terminate with immediate effect the obligations arising from these T&C in accordance with the provisions of Article 14 above (Termination. Termination of Services) in the event that the Occasional User or Subscriber does not provide information and / or copies of documents that demonstrate the ownership of the card used to pay for the Products ordered.
Without prejudice to the Company’s right to terminate with immediate effect these T&Cs in accordance with the provisions of Article 14 above (Termination. Termination of Services), the Company shall also have the right to suspend in whole or in part the Occasional Service or the Subscription Service in the event of unavailability of the amounts necessary for the purchase of the Products ordered in accordance with the provisions of paragraphs 7.3.1 and 8.3.3 above.
Under no circumstances may the Company be held liable for any fraudulent use of credit cards by third parties when paying for Products purchased on the Website.
16. APPLICABLE LEGISLATION. CONTROVERSIE
16.1. Applicable law
These T&C, including the documents referred to therein and the other legal notices published on the Website and in general the relations between the Company and the Users of the Website are governed by Italian law and must be interpreted in accordance with the same.
16.2. Extra-judicial reconciliation
Pursuant to Article 49, paragraph 1, letter V of Legislative Decree no. 206 of 6 September 2005 (the Consumer Code), Registered Users may avail themselves of the joint conciliation procedure (the “Joint Conciliation”).
The procedure may be initiated if the Registered User, after having made a complaint to Azienda Agricola La Canonica, has not received a reply within 30 days or has received a reply that is not considered satisfactory by him.
Registered Users who decide to use the Joint Conciliation procedure are obliged to send the request to the address: firstname.lastname@example.org or to the fax number 02/87181126.
For further information, please refer to: http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/La-Conciliazione-Paritetica.kl_Consumers/Partisan Council/La-Conciliazione-Paritetica.kl
Pursuant to Article 14 of EU Regulation no. 524/2013, Registered Users may also use the “ODR Platform” (Online Dispute Regulation), which can be reached by clicking on the following banner:
16.3. Further Disputes
Any disputes connected and connected to the use of the Website and the Services contemplated therein, which are not subject to settlement through the Joint Conciliation procedure referred to in paragraph 17.2, are subject to Italian jurisdiction and to the mandatory and exclusive territorial jurisdiction of the Court of Alessandria.
Specific approval of T&C pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code.
Pursuant to and for the purposes of Articles 1341-1342 of the Italian Civil Code, the Board of Directors of the Company has the power to approve T&Cs pursuant to and for the purposes of Articles 1341-1342 of the Italian Civil Code, the parties declare that they have read and understood, and therefore expressly approve the following Articles: 2 (Variation of T&C), 4 (Registration to the Website), 5 (Products), 7 (The Occasional Service), 8 (The Subscription Service), 9 (Gift Vouchers), 10 (Delivery of Products), 11 (Right of Withdrawal), 12 (Obligations of the User), 13 (Limitations of Liability) 14 (Termination). Termination of Services), 15 (Additional Information. Suspension of Services) and 17 (Applicable Law. Disputes).
By granting its final authorization for Registration, therefore, the User fully and explicitly approves, without any reservation, the aforementioned clauses and identified in part in the preceding paragraph.