These General Conditions cancel and replace all previous ones.
1. General dispositions
The SITE is owned or controlled by Italianorchards srls, (hereinafter “Website”) with registered office in Via Sant’Agnese, 12 20123 Milano, email [email protected]it, VAT: 09452400964
By accessing this Website you acknowledge and agree that the Site, as well as the present Agreement, be constructed and evaluated in accordance with Italian laws.
These terms and conditions of online sale governs exclusively the contract for the sale offered by the Website to its customers and all the Users that will buy throught the website www.sidroandcider.it, pursuant to art. 3, para 1, letter a of the D.Lgs. 6th September 2005 n. 206 (hereinafter “user”).
If connected to this Wesite from other locations, the User must make sure to comply with all local Italian laws. By providing his information to the Website, the User transfers their personal information and consent to such transfer, as well as the processing of the data. If the User provides the information on his identity and is not resident in Italy, the laws relating to the regulation and use of the data collected in your country may differ from the Italian. Plase be careful and read carefully this agreement.
The Website provides the user with the Services if and only if he accepts and complies with the terms of this Agreement.
By accessing this site or using the Services in any way, including, without limitation, site navigation, the use of information and / or to send information to the administrator of the Website, you agree to be bound by the terms, conditions, policies and notices contained in this Agreement, means, but not limited to, the making of this transaction electronically, disclaimers or warranties, damage and remedy exclusions and limitations, and the choice of Italian law.
From time to time we may update the services and this Agreement. Your use of the services after we have made any changes to this Agreement constitutes the acceptance of all changes. You agree to review this Agreement periodically to ensure that you are aware of the latest updates. The administrator of the Website may, in its sole discretion, at any time, discontinue the services or any part of it, with or without notice, or may prevent the usage of the services, with or without notice. You agree not to have any right to the services. The Website have no liability to you if the service is interrupted or if your ability to access the services or any other content is closed.
The services may only be used by adults. By using the services, the User declares and ensures that he meets the requirements of this paragraph and that he is is fully able and competent to enter into and comply with the terms of this Agreement.
2. Efficacy of General Sales Conditions
The General Sales Conditions are available on the Website as to be easily read by the User before purchasing a product. They are going to be considered as accepted together with a purchase, so we suggest to store the Conditions in a file in your computer and to reproduce them on paper by printing the file together with the purchase order.
The General Sales Conditions applicable to the sale of a product are those published on the Website on the date of the order. The User, therefore, should have to do the above operations before making any purchase.
The mere tolerance or failure to complain of any failure of the Client with respect to the contents of the General Sales Condition, have not to be considered as tacit acceptance of such defaults, or as a desire to deviate from what was agreed between the parties.
3. Sales procedures
User wishing to purchase the product must manifest this desire through a request made directly on the Website where, following the procedures described in the same Website, will carry forward the purchase order and payment. The payment will be processed electronically on secure servers using technologies encrypted protocol (i.e. Paypal), bank transfer etc.
Once received the purchase order issued by the User, the administrator of the Website will transmit the receipt of the order, containing a summary of the content of the information related to the sale, and will proceed to the control of the payment and of all the needed conditions and deliveries.
It is possible to complete the order even in Italian and in English.
4. Rights and obligations
Delivery of Products
The encharged employees of the Website, except for occasions on unavailabilty, are committed to deliver the products to the carrier in charge of transporting them to the address indicated by the Client in the purchase order. The Website will not be responsible for delivery errors due to inaccuracies or incompleteness in the compilation of the purchase order from the User, as well as the damages suffered by the products after delivery to the carrier for transportation and as the delays in the delivery due to logistical problems. We leave deliveries to a courier of primary importance. Delivery is made by courier, therefore can not be accepted mailboxes.
Unavailability of the products
In case of non-execution of the purchase due to unavailability of product required, including temporary unavailability, the Website will inform the customer of the cancellation by email within 3 days from receiving the order. The unavailability of one or more of the products ordered do not assign to the User the right to cancel the entire order, but the right to choose if cancel the order, or chose another product, or receive an equivalent coupon, or receive back the money.
The Website can decide to develop promotional campaigns in order to promote certain products. The Website have the right to define the conditions of application of promotions and to extend them, by communicating it. The Website can proceed to the exclusion of any participating in the promotions in case of anomalies, misuse or unethical behavior in the participation.
The colors have been described as much coherently as possible with the real effect on the sweater. The Website is not responsible of the inexact visualization of the color on the screen of the user, because this depends on each monitor. The color visualized on the screen on a digital flat surface can’t be exactly as the correspondent real color on a textile surface. For any doubt we suggest to contact directly the Website at the contact addresses at point 9 or in the contact page of the Website.
5. Rights and obligations of the User
The User is the solely responsible for the truthfulness and correctness of information provided and due during the purchase and is committed to communicate any changes in the data entered.
The User, after completing the purchase order, declares:
a) to have read, understood and agreed to the General Sales Conditions;
b) to be a person of major age, possessing the legal capacity to act.
The User undertakes, once completed the purchase procedure on the Website, to save an electronic copy of the purchase order and of the general Sales Condition for the purpose of conservation, as indicated in paragraph above.
The prices of products are displayed on the Website at the time of the order by the User, including VAT. The prices of products appearing on the Website at the time of the final summary, unless otherwise specified, are inclusive of VAT and delivery rate. At the prices listed on the Website for each of the products must be added the cost of delivering, which is going to be duly highlighted prior to the issuance of the purchase order by the User and on the confirmation receipt of the same or communicated after order directly to the User in case of impossibility to automatic counting of the same.
The User undertakes to make payment of the amount due in advance of the delivery of the Products, using the payment method indicated on the Website at the time of the purchase order, or at the delivery in case of Mark delivery. In case of payment by credit card, the User undertakes, when the request by the Website, to send a copy of the identity document proving the actual ownership of the credit card used when it is understood that, in the absence of transmission required, the order may be refused and / or deleted. The purchase receipt corresponding to the order will be sent together with the product purchased.
5.3 Receipt of PRODUCTS
When the carrier delivers the products to the user, the User has to check, while the carrier is still in front of him:
a) that the amount and type of products ordered is the same as indicated in the transport document;
b) that the packaging used for transportation is intact, not damaged, wet or otherwise altered, and the same even for the sealing materials.
Any anomalies must be contestated immediately to the carrier when receiving the product, by indication in their delivery document.
If the User needs any assistance or complaints regarding the products purchased, he must contact the Website at the address indicated.
5.5 Order cancellation
The Website accept the cancellation of orders. To make a cancellation the User have to contact the Website at the indicated contacts. The order can be canceled only if not delivered from the Website to the carrier.
5.6 Description and visualization of the products
The product descriptions and images on the Website are matching with the available products. The photos and videos presenting products supporting the information are published on the Website as a guideline, considering that the quality of the images, even in terms of colors, may depend on the programs and informatics tools used by the customer when connecting to the Website.
The Website does not assume any responsibility for the problems caused to the User by the use of the Website and the technologies employed, because they are not depending from the Website will, including but not limited to:
a) Errors, delays or failure in accessing the Website by the customer during the execution of the sales process;
b) Errors, delays or inability in receiving, by the User, the communications sent bu the Website in connection with the sale of the product.
In any case, the Website is committed to solve problems that can occur and provides the necessary assistance to the User in order to obtain a rapid and satisfactory solution to these problems.
There is no fee to participate to the Services unless the quotation expressed at the end of the purchase process. The Website can, at its own decision, decide to ask a payment for the participation to the service. In this case, this agreement will be updated with the necessary details.
5.8 Return rights
The User, once purchased the product, has the right to return the product without penalty and with no obligation to specify the reason, within 14 days from the receipt of the goods, as required by Articles. 64 et seq. and subsequent amendments of the Consumer Code, only in case the products to be returned are intact, complete with the original box and label, as well as the packaging used by the Website for the shipping.
The only method by which you can make a return is to contact the site directly through the contacts listed.
Will be accepted only rfunds who carry out the following requirements:
a) The product must be in the same condition in which it was delivered and will retain, its packaging and the original label.
b) the products have to be not used, not worn, not washed;
c) the label must still be attached to products of which it is an integral part;
d) The submission must be made using the same box protector (if any and intact) in which it was received to protect the product. In case you do not have the protective box used for delivery, the customer must return the product in a box protector in order to get it in the seller’s warehouse with the maximum possible guarantee.
c) A copy of the delivery note has to be entered into the pack, with explained the products returned and the possibly the reson for the return. If the reason for return is attributable to the Website (the product is not what you ordered, etc.) the use of this service is free. If the reason is different (eg. The products have been delivered properly and without defects but do not like or are wrong sizes), the cost of return shipping will be charged to the customer.
5.9 Reimburse the User
The return of products will generate a refund equal to the cost of the products minus the cost of shipping (as described above). It is possible to ask to substitute a garment instead of a reimbursement, by using the direct contact with the Website. In case of partial return, the reimburse will be partial. The delivery cost for the return will be in charge to the User.
The Website will refund by bank transfer within 14 days from the confirmation of the arrival of the returned package in stock. For payments made via PayPal account, the procedure is the same as the previous case.
6. Termination clause
The contract will automatically terminate by effect of art. 1456 of the “Codice Civile”, in the event of failure by the User, to one of the obligations assumed by him following the previous point of the General Conditions of Sale (Rights and obligations of the User). The termination of the contract will occur if and when the Website declare to intend to make use of this termination clause.
7. Copyrights, brands, licence unlimited
The Services and all content and other materials contained on or within the Website, including, without limitation, all information, content, designs, text, images, information, data, software, surveys, music, brands, trade names products or services, logos, slogans, other files, and the selection and arrangement thereof (collectively, ” content”), are exclusive property of the Website and/or its suppliers and licensors and are protected at international level with the trademark, copyright and other intellectual property laws. Reference to any products, services, processes or other information, by trade name, brands, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof.
You agree not to download, display or use any of the Content you see on the Site for use in any publication, public performances, or any other website for any commercial purpose, in connection with products or services that are not those belonging to the same Website, in any manner that is likely to cause confusion among consumers, that disparages or degrade the Website and / or its licensees, which damages its power or its licensor’s property, or that otherwise violates property intellectual rights of its licensors. The user also agrees not to make improper use in any other portion of the Contents of the Website.
8. Privacy and registration information, shipping, billing
The User agrees to:
a) provide accurate, current and complete information about him / her as may be required by any registration form,
b) maintain and promptly update the information provided during registration, and any other given information in order to keep it accurate, current and complete. Registration requires information that includes, without limitation, the full name of the User, his date of birth, the address, phone number and email.
Compliance with Law
The User should always comply with all laws, rules, regulations and ordinances, and ensure that the Website will not violates the laws, rules, regulations, or orders.
If the User communicates with the Website, he agrees to do so in a respectful and appropriate way. It is not allowed to transmit, share and distribute to the Website personnel or to affiliates communications containing obscene, vulgar, sexually oriented, threatening, offensive or illegal content.
By using this Website, the User agrees not to post or otherwise disseminate any publications or other material that disparages, discredits or hit anyone in a negative light, including the Website employees and directors, companies subsidiaries, affiliates or its licensors.
The Website guarantees Users that personal data obtained in connection with the sale of products will always be treated lawfully and correctly, in full compliance with the provisions of Legislative Decree no. 30 June 2003, n. 196.
Data related to the orders are going to be saved in electronical files directly by the company and are going to be not released and copied to third parties. Only the carrier is going to receive the information of the User related to the single order. The User, in each moment, can require the access to the data concerning himself by asking them by email or by telephone.
For any communication the User can contact directly Italianorchards srls at the following address:
Via Sant’Agnese, 12 – 20123 Milano, email:[email protected].
10. Applicable law
The applicable law is the Italian one, with particular reference to the provisions of the “Codice del Consumo”.
The invalidity of individual parts of the contract or of the General Sales Conditions does not imply the invalidity of the whole contract or of the General Sales Conditions.
The place of jurisdiction is the Court of Milano.
If the User wish to contact us for any questions or concerns about this agreement or the services, he can contact us using our “Contact” page.