These Terms govern the use of www.golinucciorganic.it and any other Agreement or legal relationship with the Owner, in a binding manner.
Capitalised expressions are defined in the relevant section of this document.
The User is requested to read this document carefully.
The entity responsible for www.golinucciorganic.it is:
GOLINUCCI ORGANIC SRL UNIPERSONALE
Via Soardi 5
47921 Rimini (RN)
Italy
Owner’s e-mail address: www.golinucciorganic.it
To know at a glance
CONDITIONS OF USE
Unless otherwise specified, the conditions of use of www.golinucciorganic.it set out in this section have general validity.
Further conditions of use or access applicable in particular situations are expressly indicated in this document.
By using www.golinucciorganic.it the User declares that he/she meets the following requirements:
Content on www.golinucciorganic.it
Unless otherwise stated or clearly recognisable, 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 law or the rights of third parties. However, it is not always possible to achieve this.
In such cases, without prejudice to any legally enforceable rights and claims, Users are requested to submit their complaints via 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 these resources and is therefore not responsible for their content and availability.
The conditions applicable to resources provided by third parties, including those applicable to any concessions of rights to content, are determined by the third parties themselves and governed by the relevant 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, in accordance with these Terms and applicable law.
It is your sole responsibility to ensure that your use of www.golinucciorganic.it and/or the Service does not violate any laws, regulations or the rights of third parties.
Common Provisions
No implied waiver
The Owner’s failure to exercise any statutory rights or claims arising from these Terms shall not constitute a waiver thereof. No waiver shall be deemed final with respect to a specific right or any other right.
Interruption of the Service
In order to ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system upgrades or for any other changes, giving appropriate notice to Users.
Within the limits of the law, the Owner reserves the right to suspend or terminate the Service completely. In the event of termination of the Service, the Owner will ensure that Users can retrieve their Personal Data and information in accordance with the law.
In addition, the Service may be unavailable due to causes beyond the Owner’s reasonable control, such as force majeure (e.g. strikes, infrastructural malfunctions, blackouts, etc.).
Resale of the Service
Users are not authorised 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 resale programme.
Intellectual Property
Without prejudice to any more specific provisions contained in the Terms, the intellectual and industrial property rights, such as copyrights, trademarks, patents and models relating to www.golinucciorganic.it are held exclusively by the Owner or its licensors and are protected in accordance with the legislation and international treaties applicable to intellectual property.
All trademarks – whether word or figurative – and any other distinctive sign, company, 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 intellectual property laws and international treaties.
Changes to the Terms
The Owner reserves the right to modify the Terms at any time. In this case, the Owner will give appropriate notice of the changes to the Users.
The changes will only affect the relationship with the User in the future.
Continued use of the Service implies the User’s acceptance of the updated Terms. If you do not wish to accept the changes, you must cease using the Service. Failure to accept the updated Terms may result in either party’s right to terminate the Agreement.
The previous applicable version shall continue to govern the relationship until accepted by the User. Such version may be requested from the Owner.
Assignment of contract
The Holder reserves the right to transfer, assign, dispose of, novate or contract out individual or all rights and obligations under these Terms, having regard to the legitimate interests of the Users.
The provisions regarding the amendment of these Terms shall apply.
Users are not authorised to assign or transfer their rights and obligations under the Terms without the written consent of the Owner.
Contact
All communications relating to the use of www.golinucciorganic.it should be sent to the contact details indicated in this document.
Severability clause
Should any of the provisions of these Terms be or become null and void or ineffective under applicable law, the nullity or ineffectiveness of such provision shall not cause the remaining provisions to be or become ineffective, which shall therefore remain valid and effective.
The previous applicable version continues to govern the relationship until acceptance by the User. This version can be requested from the Owner.
Terms and conditions of Golinucci Organic online
Users who use the services offered by Golinucci Organic online declare that they know and accept these general terms and conditions.
Information on Golinucci Organic online
This is an organic seed e-commerce site owned by the company Golinucci Organic Srl Unipersonale.
Contents provided by the User
Users are responsible for their own content and that of third parties that they share in the appropriate sections of this site, by uploading, inserting content or by any other means. Users hold the Owner harmless from any liability in relation to the unlawful dissemination of third party content or the use of Golinucci Organic online in a manner contrary to the law.
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 the event of reports by Users or orders issued by public authorities in relation to contents deemed offensive or illicit.
Rights to content provided by Users
The only rights granted to the Owner in relation to content provided by Users are those necessary for the operation and maintenance of Golinucci Organic online.
Contents provided by third parties
The Owner does not carry out any prior moderation on contents or links provided by third parties displayed on Golinucci Organic online. The Owner is not responsible for such content and its accessibility.
Registration
In order to use the service or part of it, the User is required to register by providing, truthfully and completely, all the data requested in the relevant registration form and to fully accept the Privacy Policy and these general conditions. The User is responsible for safeguarding his or her access credentials.
Purchase procedure
Each order placed by the User constitutes an offer for the purchase of products. Orders are subject to availability and the discretionary acceptance of the Holder.
To complete the online purchase procedure, the User must select the products and complete the check-out, after carefully checking the information contained in the order summary. The order is placed by confirming the order and is subject to the payment of the price, taxes and shipping and handling charges indicated in the Order Summary form.
The Order Processing Receipt does not constitute acceptance of the order. The contract is concluded when the Order Confirmation is sent by the Holder to the e-mail address provided by the User.
The Holder reserves the right not to confirm an order by notifying the User within 5 working days of placing the order, to the e-mail address associated with his purchase, of the possible unavailability of one or more of the products purchased. In this case, the Owner will refund the price of the products and, if all the products purchased are not available, the shipping costs incurred by the User.
Users are required to register on Golinucci Organic online providing their personal data and shipping address. Shipping costs are not included and differ according to destination and volume. Prices are indicated in Euro and include VAT.
Payment methods
The payment methods available to Users are described in the relevant pages of the site.
Golinucci Organic online uses third-party tools for payment processing and does not come into contact in any way with payment data – such as credit card data – provided by the User.
Invoices
For each order placed, if Users have expressly requested it by ticking the appropriate box on the order form and have provided the necessary data (valid VAT number or CF) when registering their Account, Golinucci Organic SRL issues an invoice for the material shipped, sending it by e-mail to the User entitled to the order. For the details given when the invoice is issued, the information provided by the User at the time the order is processed shall be authentic. No change to the invoice shall be possible at a later date after it has been issued.
Availability of products
The prices, descriptions and availability of the products displayed are subject to change without notice. The photos included are adapted in relation to the display tool and for this reason are merely indicative of the appearance and size of the products, as they may differ partially from the images presented.
Even after sending the Order Confirmation e-mail, in the event of unavailability of some products due to lack of supply by the Owner’s manufacturers and/or suppliers or due to other causes not foreseeable at the time the order is placed, the Owner shall reimburse the User for the price of the products ordered and not available.
Execution of the Order
The Order is executed within the terms specified on the summary page and in the Order Confirmation e-mail, subject to the availability of the product ordered. The Owner shall not be liable for damages suffered by the User due to delays in delivery that are not due to circumstances foreseeable by the parties at the time the Order Confirmation is sent.
Delivery
Deliveries are made during the usual working hours of the appointed couriers, to the address indicated by the User and in the manner specified in the order summary.
Upon delivery of the goods by the courier, the User is obliged to check that the number of packages actually delivered corresponds to that indicated in the transport document and that the packaging of the packages is intact in every part, not damaged, nor compromised by atmospheric events or in any way altered. Upon delivery, the User is also obliged to check the packaging, specifying on the delivery form any anomalies. If the User finds any obvious damage to the packaging and/or the products contained therein or the mismatch in the number of packages, he/she must immediately contest the damage by placing a written control reservation (specifying the reason for the reservation, e.g. “punctured packaging”, “crushed packaging”, etc.) on the courier’s proof of delivery or promptly inform the Holder. Once the delivery note has been signed, the client shall not be able to make any objection regarding the external characteristics of what has been delivered. Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported using the contact methods provided by the Holder.
In the event of failure to collect within 5 working days the material in storage at the courier’s warehouses due to repeated impossibility of delivery to the address indicated by the User when placing the order, the products shall be returned to the Owner, who, depending on the User’s wishes, shall either refund the price of the products (but not the shipping cost), or make arrangements for a new delivery and the related additional shipping costs. The Owner cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the compilation of the purchase order by the User, for damage that may occur to the products after delivery to the carrier or for delays in delivery attributable to the carrier. Unless otherwise indicated, Golinucci Organic online can only process orders with delivery within the European Community territory. However, delivery to any other location where phytosanitary documentation is required is excluded.
Right of rescission
In case of purchase of products or services on Golinucci Organic online, the User has the right to withdraw from the contract without giving any reason, within 14 days. The withdrawal period expires after 14 days from the day on which the User or a third party – other than the carrier and designated by the User – acquires physical possession of the goods. To exercise the right of withdrawal, the User must inform the Controller of the decision to withdraw using the declaration form at the end of the document.
Effects of rescission
If the User withdraws from this agreement, he shall be refunded all payments he has made in favour of the Holder, including the costs of delivery (with the exception of additional costs resulting from any choice of a type of delivery other than the least expensive type of standard delivery offered) without undue delay and in any event no later than 14 days after the day on which the Holder is informed of the User’s decision to withdraw from this agreement. Such refunds shall be made using the same means of payment used by the User for the purchase. If this is not possible, the User may agree on a different method of reimbursement. In any case, the User shall not incur any costs as a consequence of such a refund. The refund may be suspended until receipt of the goods or until the User proves that he has returned the goods, whichever is earlier.
The User is requested to return the goods and deliver them to the Holder without undue delay and in any event 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 expiry of the 14-day period. The costs of returning the goods shall be borne by the User. The User is only liable for the decrease in value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Limitations to the right of rescission on products
Damaged or used products, even in part, shall not be replaced or refunded. The User must place a copy of the order confirmation email inside the packaging box.
The right of withdrawal does not apply to: goods made to measure or clearly customised or which, due to their nature, are liable to deteriorate rapidly (such as, for example, fresh food products), are sealed and are not suitable to be returned for hygienic reasons or are related to the protection of health and have been opened after delivery.
In particular, pursuant to Art. 47(1)(l) of the Consumer Code, the right of withdrawal does not apply to contracts for the supply of foodstuffs, beverages or other goods for everyday household use supplied to the User’s domicile, place of residence or place of work, by regular distributors.
Rescission and closure of User Accounts
Registered Users may deactivate their Accounts, request their deletion or stop using the Service at any time, either through the Golinucci Organic online interface or by contacting the Owner directly.
The Owner, in case of violation of these Terms, reserves the right to suspend or close the User’s Account at any time and without notice.
The Owner reserves the unquestionable right to inhibit at any time and without prior notice the access to Golinucci Organic online, either in full or limited to certain functions, of Users’ Accounts for which payment irregularities, non-payment, image damage on the Internet, obscene, vulgar or inappropriate language for comment and review functions, repeated and continuous unsuccessful order attempts, computer attacks or any other activity, explicit or implicit, which may cause direct or indirect damage to the Owner.
Indemnifies
The User agrees to indemnify and hold harmless the Owner (as well as any subsidiaries or affiliates, its representatives, directors, agents, licensors, partners and employees), from any obligation or liability, including any legal costs incurred in defending itself in court, which may arise from damages caused to other Users or third parties, in relation to the content uploaded online, violation of the terms of law or the terms of these terms of service.
Privacy Policy
For information on the use of personal data, Users should refer to the privacy policy of Golinucci Organic online.
Copyright
All of the Owner’s trademarks, whether figurative or nominative, and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos appearing concerning Golinucci Organic and related companies, are and remain the exclusive property of the Owner or its licensors and are protected by current trademark laws and relevant international treaties.
Age requirements
Users declare that they are of legal age according to the legislation applicable to them. Minors may use Golinucci Organic online only with the assistance of a parent or a tutor.
Limitations of responsibility
The Owner, within the limits of applicable law, is liable for damages of a contractual and extra-contractual nature to Users or third parties exclusively when these are an immediate and direct consequence, due to malice or gross negligence, of the activity of Golinucci Organic Srl unipersonale.
The User exonerates and expressly relieves the Owner of the Application from any responsibility, within the limits allowed by the applicable legislation, in relation to eventual damages or claims of any type and kind of their own and/or of third parties, including direct, indirect, punitive, incidental, special damages, damages deriving from loss of profits, loss of revenue, loss of data or replacement costs deriving from or in any case connected with this agreement.
The Owner guarantees the correct storage and quality of the food products exclusively up to the time of delivery to the place indicated by the User; any liability relating to the poor condition of the products due to improper storage after the time of delivery is excluded.
Changes to present Terms
The Owner reserves the right to make changes to these Terms at any time, giving notice to the User by posting it within Golinucci Organic online. Any User who continues to use Golinucci Organic online after the publication of the changes accepts the new Terms without reservation.
Contract assignment
The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any of its rights or obligations under these Terms, provided that the User’s rights hereunder are not affected.
The User shall not assign or transfer in any way its rights or obligations under these Terms without the written permission of the Owner.
Communications
All communications relating to Golinucci organic online should be sent using the contact information provided.
Nullity
Should any clause of these Terms be invalid or ineffective, the said clause shall be deleted while the remaining clauses shall not be affected thereby and shall remain effective.
Applicable Law and Jurisdiction
These Terms and all disputes relating to the performance, interpretation and validity of this agreement shall be subject to the law, the jurisdiction of the State and the exclusive competence of the court of the place where the Owner is established. An exception is made for the exclusive jurisdiction of the consumer, where 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, which constitute a legally binding agreement between the User and the Owner.
Order Processing Receipt
The email that the Owner sends upon receipt of the order.
Order Confirmation
Means the email that the Holder sends when the products are dispatched confirming that all or part of the products purchased have been dispatched.
Example of rescission form
Addressed to the Holder [insert 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.