These Terms govern your use of www.golinucciorganic.it and any other Agreement or legal relationship with the Owner, in a binding manner.
Capitalized expressions are defined in the relevant section of this document.
The User is requested to read this document carefully.
The party responsible for www.golinucciorganic.it is:
GOLINUCCI ORGANIC SRL UNIPERSONALE
Via Soardi 5, 47921 Rimini (RN) – Italy
Owner's email address: info@golinucciorganic.com
CONDITIONS OF USE
Unless otherwise specified, the terms of use of www.golinucciorganic.it set out in this section are generally applicable.
Further conditions of use or access applicable in particular situations are expressly indicated in this document.
By using www.golinucciorganic.it, the User declares to satisfy the following requirements:
Contents on www.golinucciorganic.it
Unless otherwise specified or clearly recognizable, all content available on www.golinucciorganic.it is owned or provided by the Owner or its licensors.
The Owner takes the utmost care to ensure that the content available on www.golinucciorganic.it does not violate applicable laws or third-party rights. However, this may not always be possible.
In such cases, without prejudice to any legally enforceable rights and claims, Users are requested to forward their complaints using the contact details specified in this document.
Access to external resources
Through www.golinucciorganic.it, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
The conditions applicable to the resources provided by third parties, including those applicable to any concessions of rights to content, are determined by the third parties themselves and regulated in the relative terms and conditions or, in their absence, by law.
Permitted use
www.golinucciorganic.it and the Service may only be used for the purposes for which they are offered, according to these Terms and applicable law.
It is the User's sole responsibility to ensure that use of www.golinucciorganic.it and/or the Service does not violate any law, regulations, or third-party rights.
Common provisions
No implied disclaimer
Failure to exercise legal rights or claims deriving from these Terms by the Owner does not constitute a waiver of the same. No waiver can be considered final in relation to a specific right or any other right.
Interruption of the Service
To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or any other changes, giving appropriate notice to Users.
Within the limits of the law, the Data Controller reserves the right to suspend or completely terminate the Service. In the event of termination of the Service, the Data Controller will ensure that Users can access their Personal Data and information in accordance with the law. Furthermore, the Service may be unavailable due to reasons beyond the Data Controller's reasonable control, such as force majeure (e.g., strikes, infrastructure malfunctions, blackouts, etc.).
Resale of the Service
Users are not authorized to reproduce, duplicate, copy, sell, resell, or exploit www.golinucciorganic.it or the Service, in whole or in part, without the prior written consent of the Owner, expressed directly or through a legitimate reselling program.
Intellectual property
Without prejudice to any more specific provision contained in the Terms, the intellectual and industrial property rights, such as copyrights, trademarks, patents, and designs relating to www.golinucciorganic.it are held exclusively by the Owner or its licensors and are protected under applicable laws and international treaties relating to intellectual property.
All trademarks — whether denominative or figurative — and any other distinctive sign, trade name, service mark, illustration, image, or logo appearing in connection with www.golinucciorganic.it are and remain the exclusive property of the Owner or its licensors and are protected under applicable laws and international treaties relating to intellectual property.
Changes to the Terms
The Owner reserves the right to change the Terms at any time. In this case, the Owner will give appropriate notice of the changes to the Users.
The changes will affect the relationship with the User only for the future.
Continued use of the Service implies the User's acceptance of the updated Terms. If the User does not wish to accept the changes, he must cease using the Service. Failure to accept the updated Terms may result in each party having the right to withdraw from the Agreement.
The applicable previous version continues to govern the relationship until acceptance by the User. This version can be requested from the Data Controller.
Transfer of the contract
The Owner reserves the right to transfer, assign, dispose of, novate or contract out individual or all rights and obligations under these Terms, having regard for the legitimate interests of Users.
The provisions relating to the modification of these Terms apply.
The User is not authorized to assign or transfer their rights and obligations under the Terms without the written consent of the Owner.
Contact us
All communications relating to the use of www.golinucciorganic.it must be sent to the addresses indicated in this document.
Safeguard clause
If any of the provisions of these Terms should be or become null or ineffective under the applicable law, the nullity or ineffectiveness of this provision does not cause the remaining provisions to be ineffective, which therefore remain valid and effective.
The applicable previous version continues to govern the relationship until acceptance by the User. This version can be requested from the Data Controller.
Golinucci Organic Online Terms and Conditions
Users who use the services offered by Golinucci Organic online declare that they know and accept these general terms and conditions.
About Golinucci Organic online
It is an e-commerce site for organic seeds, owned by Golinucci Organic Srl Unipersonale.
Content provided by the User
Users are responsible for their own content and that of third parties they share in the designated sections of this site, by uploading it, posting content, or in any other way. Users indemnify the Owner from any liability related to the unlawful dissemination of third-party content or the unlawful use of Golinucci Organic online.
The Owner does not carry out any type of moderation of the contents published by the User or by third parties, but undertakes to intervene in response to reports from Users or orders given by public authorities in relation to contents deemed offensive or illicit.
Rights on content provided by users
The only rights granted to the Owner in relation to the content provided by Users are those necessary for the operation and maintenance of Golinucci Organic online.
Content Provided by Third Parties
The Owner does not moderate the content or links provided by third parties displayed online on Golinucci Organic. The Owner is not responsible for such content or its accessibility.
Registration
To use the service or any part of it, the User is required to register by providing, truthfully and completely, all the information requested in the relevant registration form and by fully accepting the Privacy Policy and these general terms and conditions. The User is responsible for safeguarding their login credentials.
Purchase procedure
Each order placed by the User constitutes an offer to purchase the products. Orders are subject to availability and the Owner's discretionary acceptance.
To complete the online purchase process, the User must select the products and complete the checkout process, after carefully reviewing the information in the order summary. The order is placed upon confirmation and is subject to payment of the price, taxes, and shipping and payment costs indicated in the Order Summary form.
The Order Processing Receipt does not constitute acceptance of the order. The contract is concluded when the Owner sends the Order Confirmation to the email address provided by the User.
The Owner reserves the right not to confirm an order, notifying the User within 5 business days of placing the order, using the email address associated with the purchase, of the unavailability of one or more of the purchased products. In this case, the Owner will refund the price of the products and, if all purchased products are unavailable, the shipping costs incurred by the User.
Users are required to register on Golinucci Organic online by providing their personal information and shipping address. Shipping costs are not included and vary depending on destination and volume. Prices are shown in euros and include VAT.
Payment options
The payment methods available to Users are described on the relevant pages of the site.
Golinucci Organic Online uses third-party payment processing tools and does not in any way come into contact with payment information—such as credit card information—provided by the User.
Invoices
For each order placed, if Users have specifically requested it by checking the appropriate box on the order submission form and have provided the required information (valid VAT number or tax code) when registering their Account, Golinucci Organic SRL will issue an invoice for the shipped goods, sending it via email to the User who placed the order. The details provided when issuing the invoice are based on the information provided by the User when processing the order. No changes to the invoice will be possible after it has been issued.
Availability of products
Prices, descriptions, and availability of the products displayed are subject to change without notice. The photos included are adapted for the display tool and, therefore, are merely indicative of the appearance and dimensions of the products, which may differ slightly from the images shown.
Even after the Order Confirmation email has been sent, in the event of subsequent unavailability of some products due to failure to supply the Owner's manufacturers and/or suppliers or to other causes unforeseeable at the time the order was placed, the Owner will refund the User the price of the ordered and unavailable products.
Execution of the Order
The Order is fulfilled within the timeframes specified on the summary page and in the Order Confirmation email, subject to the availability of the ordered product. The Owner cannot be held liable for damages suffered by the User due to delivery delays that are not attributable to circumstances foreseeable by the parties at the time the Order Confirmation is sent.
Delivery
Deliveries are made during the couriers' usual working hours, to the address indicated by the User and according to the methods specified in the order summary.
Upon delivery of the goods by the courier, the User is required to check that the number of packages actually delivered corresponds to that indicated on the transport document and that the packaging is intact in all its parts, not damaged or compromised by atmospheric events or otherwise altered. Upon delivery, the User is also required to inspect the packaging, specifying any anomalies on the delivery form. If the User finds any obvious damage to the packaging and/or the products contained therein, or a discrepancy in the number of packages, he or she must immediately report it, writing a written reservation (specifying the reason for the reservation, e.g., "punctured packaging," "crushed packaging," etc.) on the courier's proof of delivery or promptly informing the Owner. Once the delivery note has been signed, the Customer may not raise any objections regarding the external characteristics of the delivered goods. Any problems regarding the physical integrity, correspondence, or completeness of the products received must be reported using the contact methods provided by the Owner.
If the items stored at the courier's warehouse are not collected within 5 business days due to repeated failure to deliver to the address indicated by the User when placing the order, the products will be returned to the Owner, who, at the User's discretion, will either refund the price of the products (but not the shipping costs) or arrange for reshipment and the related additional shipping costs. The Owner cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the User's order, for any damage to the products after delivery to the carrier, or for delivery delays attributable to the carrier. Unless otherwise indicated, Golinucci Organic online can only fulfill orders for delivery within the European Union. Delivery to any other location requiring phytosanitary documentation is excluded.
Right of withdrawal
If you purchase products or services online from Golinucci Organic, you have the right to withdraw from the contract without stating a reason within 14 days. The withdrawal period expires 14 days after the day on which you or a third party—other than the carrier and designated by you—acquires physical possession of the goods. To exercise the right of withdrawal, you must inform the Owner of your decision to withdraw using the withdrawal form at the bottom of the document.
Effects of withdrawal
If the User withdraws from this contract, all payments made to the Owner will be refunded, including delivery costs (with the exception of additional costs resulting from the User's choice of a delivery method other than the least expensive standard delivery method offered), without undue delay and in any case no later than 14 days from the day the Owner is informed of the User's decision to withdraw from this contract. Such refunds will be made using the same payment method used by the User for the purchase. If this is not possible, the User may agree to a different refund method. In any case, the User will not incur any costs as a result of such refund. The refund may be withheld until the goods are received or until the User demonstrates having returned the goods, whichever is earlier.
The User is requested to return the goods and deliver them to the Owner without undue delay and in any case within 14 days from the day on which he communicated his withdrawal from this contract. The deadline is met if the User returns the goods before the 14-day period expires. The User will be responsible for the costs of returning the goods. The User is only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Limitations on the right of withdrawal on products
Damaged or used products, even partially, will not be replaced or refunded. The User must include a copy of the order confirmation email inside the packaging.
The right of withdrawal does not apply to: goods made to measure or clearly personalized or which, by their nature, are liable to deteriorate rapidly (such as, for example, fresh food products), are sealed and are not suitable for return for hygiene reasons or are related to health protection and have been opened after delivery.
In particular, pursuant to Article 47, paragraph 1, letter l) of the Consumer Code, the right of withdrawal does not apply to contracts for the supply of foodstuffs, beverages, or other goods for daily household consumption delivered to the User's home, place of residence, or place of work by regular distributors.
Termination and Closure of User Accounts
Registered Users may deactivate their Accounts, request their deletion, or stop using the Service at any time, through the Golinucci Organic online interface or by contacting the Owner directly.
The Owner, in the event of violation of these Terms, reserves the right to suspend or terminate the User's Account at any time and without notice.
The Owner reserves the sole right to block, at any time and without notice, access to Golinucci Organic online, in full or limited to certain features, of the Accounts of Users who have been found to have payment irregularities, non-payment, damage to their reputation online, obscene, vulgar, or inappropriate language for the comment and review functions, repeated and continuous unsuccessful order attempts, cyber attacks, or any other activity, explicit or implicit, that may cause direct or indirect damage to the Owner.
Indemnify
The User undertakes to indemnify the Owner (as well as any companies controlled or affiliated by the same, its representatives, directors, agents, licensees, partners and employees), from any obligation or liability, including any legal costs incurred for legal defense, which may arise from damage caused to other Users or third parties, in relation to the content uploaded online, to the violation of the terms of the law or of the terms of these conditions of service.
Privacy Policy
For information on the use of personal data, Users should refer to the Golinucci Organic online privacy policy.
Copyright
All trademarks of the Owner, whether figurative or nominal, and all other signs, trade names, service marks, word marks, illustrations, images, and logos appearing regarding Golinucci Organic and related companies are and remain the exclusive property of the Owner or its licensors and are protected by applicable trademark laws and related international treaties.
Age requirements
Users declare that they are of legal age according to their applicable legislation. Minors may use Golinucci Organic online only with the assistance of a parent or guardian.
Limitations of responsibility
The Owner, within the limits of applicable law, is liable for contractual and non-contractual damages to Users or third parties only when these constitute an immediate and direct consequence, due to willful misconduct or gross negligence, of the activity of Golinucci Organic Srl unipersonale.
The User expressly exonerates and releases the Application Owner from any liability, to the extent permitted by applicable law, in relation to any damages or claims of any kind and nature, whether by him or her and/or by third parties, including direct, indirect, punitive, incidental, special damages, damages resulting from lost profits, lost revenues, loss of data or replacement costs arising from or in any way connected with this agreement.
The Owner guarantees the proper storage and quality of food products exclusively until the moment of delivery to the location indicated by the User; any liability relating to poor condition of the products due to improper storage after delivery is excluded.
Changes to these Terms
The Owner reserves the right to make changes to these Terms at any time, notifying the User by publishing them on Golinucci Organic online. Users who continue to use Golinucci Organic online after the changes are posted accept the new Terms without reservation.
Transfer of the contract
The Owner reserves the right to transfer, assign, dispose by novation or subcontract all or some of the rights or obligations deriving from these Terms, provided that the User's rights provided herein are not affected.
The User may not assign or transfer in any way his rights or obligations under these Terms without the written authorization of the Owner.
Communication
All communications relating to Golinucci organic online must be sent using the contact information indicated.
Nullity
If any clause of these Terms should be invalid or ineffective, the aforementioned clause will be eliminated while the remaining clauses will not be affected by this and will remain effective.
Applicable law and competent court
These Terms and all disputes regarding the execution, interpretation and validity of this contract are subject to the law, to the jurisdiction of the State and to the exclusive jurisdiction of the court of the place where the Owner is based. The exclusive forum of the consumer is an exception, if the law so provides.
User
The natural or legal person who uses the Service.
Terms and Conditions (or Terms)
These general terms and conditions of service constitute a legally binding agreement between the User and the Owner.
Order Processing Receipt
Indicates the email that the Owner sends upon receipt of the order.
Order Confirmation
Indicates the email that the Owner sends when the products are shipped to confirm the shipment of all or part of the purchased products.
Sample withdrawal form
Addressed to the Owner [with full header]: I/we (*) hereby give notice of withdrawal from my/our (*) contract of sale of the following goods/services: (*), Ordered on (*)/received on (*), Name of consumer(s), Address of consumer(s), Date.