Agricook S.r.l. based in via Lambro, 19, 20831 Seregno (MB), VAT number 11723220965 R.E.A. MB - 2632339, email: [email protected], (hereinafter also just "AGRICOOK") has developed and makes available a digital platform dedicated to farms and agritourisms capable of centralizing all the services and opportunities related to sales, marketing and advertising. Through the Agricook platform it is possible to put farmhouses in communication with each other with farms and end customers (all hereinafter also just USER or USERS).
Through the platform it is possible to sell and purchase products or services related to the world of agriculture and agritourism.
1. General conditions and special conditions
1.1 These General Conditions govern the use of the features available on AGRICOOK.
By accessing the website www.agricook.it or in any case using one of the Services made available by the Agricook digital platform, the USER accepts these Conditions. If you do not intend to accept these Conditions, it will not be possible to use the Services offered by AGRICOOK including simply browsing the website www.agricook.it.
1.2 These Terms of Use can be modified by AGRICOOK at any time. Any changes will be effective from the moment of their publication on the Site in the "Terms and Conditions" section, present in the footer of the Site's homepage. All Users are therefore invited to regularly access the Site and consult, before making any purchase, the version most up-to-date of the Conditions of sale. The applicable Sales Conditions are those in force on the date of transmission of the Purchase Order for a Product by the USER.
1.3 If the USER is not a final consumer and intends to use one of the sales, marketing and / or advertising services made available by AGRICOOK (hereinafter referred to as SELLERS) in addition to these General Conditions, the specific dedicated conditions will also apply. to the SELLERS (link) and any additional specific conditions relating to the individual product or service purchased.
1.4 If the USER is a consumer and intends to purchase products or services made available on the Agricook platform, in addition to the following General Conditions, the special conditions relating to the individual product or service purchased will also apply, where specifically indicated.
1.5 In using our Services, the USER consents to the processing of his information by us, in the ways defined in the Privacy Policy. Depending on the goods or services purchased, the USER's personal data will be processed both by AGRICOOK, for everything concerning the correct functioning of the Agricook platform, and by the SELLERS who offer their goods or services for sale: for this reason AGRICOOK and the SELLERS are separately responsible for data control regarding the personal information of the buyer according to EU laws. This means that each party is solely responsible for the personal information processed for the provision of the Services offered through the Agricook platform.
2 Registration on the Site and Purchase Order of Products
2.1 The USER who intends to use the Agricook platform services MUST register by accessing the website www.agricook.it and enter the required data. In the event that the USER is not a Consumer, the indication of the VAT number is also required to correctly register. In any case, it is in any case necessary to provide AGRICOOK with a valid e-mail address to which all mandatory information is forwarded to the USER, as well as the communications required by these General Conditions or in any case concerning the purchase of goods and services through the Agricook platform.
2.2 The description of the goods and services that can be purchased (hereinafter also the "Product Sheet"), including all the characteristics, together with one or more photographic images that allow a correct representation of the goods and services (together with just the Product or Products), is present on the Site, in the Purchase Order and in the Order confirmation sent to the USER at the end of the purchase procedure.
2.3 The images and descriptions in each Product Sheet reproduce the characteristics of the Products as closely as possible but must be understood as indicative and subject to use tolerances and, for example, to any physiological weight loss of food products. For the purposes of the purchase contract, the descriptions of the Product Sheets contained in the Purchase Order of the Products sent by the User will prevail.
2.4 To view theSelected products and their total cost, you need to click on the cart icon. The USER is requested to check the accuracy of the contents of the cart before confirming the Purchase Order of the Products, by entering the requested data and following the instructions provided on the corresponding page of the Site, as well as confirming that he has read and accepted these General conditions.
2.5 The USER has the right to make changes or correct any errors before submitting the Purchase Order to AGRICOOK by following the instructions contained on the Site.
3. Product Availability
3.1 The Products that the USER can purchase through the Site are the items on the Site and viewable by the same at the time the Order is placed.
3.2 The availability of the Products is monitored and updated according to the delivery times indicated on the Site. AGRICOOK undertakes, for itself and for the SELLERS, to deliver the products by the date indicated at the time of the order and in any case within 30 days from the conclusion of the contract. However, it could happen that a Product could be, for a short period of time, available, being instead out of stock or not immediately available, being for the same necessary to obtain restocking.
3.3 If the Product is no longer available or available with delivery exceeding 30 days, AGRICOOK undertakes to promptly notify the USER by e-mail communication. In such cases, the USER has the right to cancel the purchase order and to obtain from AGRICOOK the reimbursement of any amounts already paid in relation to it.
3.4 In the case of Orders concerning a plurality of Products, if the unavailability or availability with delivery exceeding 30 days concerns only some of the Products covered by the same Order, AGRICOOK undertakes to promptly notify the USER by e-mail communication . In such cases, the USER has, therefore, the right to partially cancel the Purchase Order and to obtain from AGRICOOK the reimbursement of any sums already paid in relation to it, limited to the Product and / or Products that have become unavailable or available. with delivery exceeding 30 days.
4. Product Prices
4.1 All the prices of the Products published on the Site are expressed in Euros and are meant:
- inclusive of VAT for users registered as natural persons;
- VAT free for users registered as companies.
Where applicable, the delivery costs, which may vary in relation to the chosen delivery method and / or in relation to the payment method used, are specifically indicated (in Euros and inclusive of VAT) in the Product Sheet, in the Purchase Order and in the Order confirmation e-mail sent to the USER.
4.2 AGRICOOK reserves the right to change the price of the Products at any time. It is understood that the price of the Product that will be charged to the USER will be that indicated in the Purchase Order, and that any changes (increase or decrease) subsequent to the transmission of the Order will not be taken into account.
4.3 In the event that a Product is offered on the Site at a discounted price, the Site will indicate the full reference price against which the discount is calculated and what this full reference price corresponds to.
5. Information aimed at the conclusion of the Contract
5.1 AGRICOOK informs the USER that:
- to conclude the purchase contract for one or more Products on the Site, the USER must place a Purchase Order for the products; the Order can be placed by adding all the products that you intend to purchase in the appropriate electronic cart and subsequently confirming this cart; the order will then be automatically divided by individual Seller and on the basis of the specific conditions provided for the purchased Product.
- Purchase Orders can be made directly through the website www.agricook.it, only by persons of greater age and who are not in conditions of legal incapacity.
- the Contract is concluded when the user receives from AGRICOOK, to the e-mail address indicated, the e-mail confirming the purchase order sent; together with this confirmation, the USER is sent a complete summary of the purchase made and a link through which to access these accepted General Conditions and any particular conditions specific to the individual good or service purchased;
- before proceeding with the transmission of the Purchase Order, the user can identify and correct any data entry errors by following the instructions on the Site at the various stages of the purchase;
- the registration credentials (e-mail address and password) must be used exclusively by the USER and cannot be transferred to third parties. The USER undertakes to keep them secret and to ensure thatno third party has access to it.
5.2 With the transmission of the Order, the USER accepts and undertakes to observe, in relations with AGRICOOK, these Conditions of Sale and the additional information contained on the Site, including the Privacy Policy, also referred to via links and always made memorable.
5.3 In any case, AGRICOOK reserves the right to evaluate the acceptance of Orders received and not to accept Purchase Orders. In these cases, AGRICOOK informs the USER that the contract is not concluded and that the Seller has not followed up the Purchase Order, specifying the reasons. This communication is made within 30 days from the day following that on which the USER sent the Order to AGRICOOK, which will refund any amounts already paid by the USER in relation to the same.
6. Methods of Payment and Invoicing
6.1 Payment by the USER can be made in euros using one of the payment methods indicated on the Site. For each available payment method, the specific terms and conditions of the chosen payment method will apply. Agricook reserves the right to unilaterally change the payment methods accepted without having to communicate anything to the USER.
6.4 The USER can request the issuance of the receipt or invoice by selecting the appropriate box during the purchase order composition procedure and entering the data, including tax code and / or VAT number. In this case, the receipt or invoice will be sent to the address indicated by the USER. The USER is responsible for correct data entry and is expressly informed that, in the event of failure to request the receipt or invoice before sending the purchase order to AGRICOOK, it will not be possible to request it later.
7. Delivery of Products
7.1 Following the confirmation of the Purchase Order for goods sent to the e-mail address indicated, the USER can follow the delivery of his Order online.
7.2 For any information regarding delivery, the USER can contact the AGRICOOK Customer Service or the Seller directly.
7.3 Deliveries of goods are made only in the territory of the European Union. The delivery obligation is understood to be fulfilled by transferring the material availability or in any case the control of the Products to the USER.
7.4 Delivery costs are borne by the USER. The amount of the delivery costs due by the USER in relation to a specific Purchase Order is expressly and separately indicated (in Euros and including VAT) on the Site during the purchase process, in the Order and in the e-mail of order confirmation.
7.5 During the purchase process, before the USER transmits the Purchase Order of the Products, the terms within which the Seller or the Sellers undertake to deliver the Products covered by the Order will be indicated, taking into account, in addition to the area and delivery methods, including the possibility that the USER purchases more Products with the same Order.
7.6 The delivery terms run from the conclusion of the contract (Order confirmation communicated by AGRICOOK to the e-mail address indicated by the USER), unless otherwise indicated. The delivery time envisaged for the specific Order will be indicated in the Order Confirmation communicated by AGRICOOK to the e-mail address indicated by the USER.
7.7 The USER can choose the address for the delivery of the purchased Products, unless otherwise indicated on the Site in relation to the delivery of some Products.
7.8 The Products purchased on the Site will be sent and delivered by the courier indicated to the postal address indicated by the USER, according to the costs and terms indicated on the Site during the purchase process, before the USER proceeds with the transmission of the Order.
8. Conformity of the Products delivered
8.1 It is up to the USER to check the conditions of the Products delivered to him. The USER assumes the risk of non-delivery or damage to the products ordered, for reasons not attributable to AGRICOOK, only when the USER, or a third party designated by him and different from the carrier, materially comes into possession of such products.
8.2 The USER is recommended to check the number of Products received and that the packaging is intact, not damaged, wet or otherwise altered, even in the closing materials and is invited, in his interest, to indicate on the transport document of the carrier, any anomalies, accepting the package with reserve. In the event that the package shows obvious signs of tampering or alteration, the USER is also recommended to promptly notify the AGRICOOK Customer Service. In any case, the legal guarantee of conformity and, where applicable, the rules on the right of withdrawal remain valid.
8.3 Inin the event that the Product is damaged, the USER must detail in writing, on the delivery note, all the damage detected. Any complaints must be forwarded to the AGRICOOK customer service.
8.4 In any case, at the time of delivery, the Products must be checked by the USER in order to ascertain that they correspond to the items ordered and that they do not have manufacturing defects or further defects of conformity. In addition to the specific guarantees that may be provided to the USER together with the delivered Product, the legal guarantees provided for by Italian law are also applicable to the sale of Products purchased on the agricook.it site.
8.5 In cases where the USER submits a complaint to the AGRICOOK Customer Service for non-delivery, non-conformity or damage to the Product, AGRICOOK will replace the Product free of charge where available or reimburse the USER, at the express request of the USER. to be sent in the ways and terms indicated below.
8.6 In the event of non-compliance of the delivered Product with respect to the Order placed, the USER can make the return in the manner described in the following paragraph and is entitled to replacement or refund if replacement is not possible. In cases where the replacement of the purchased Product has not been carried out within a reasonable period of the USER's request, or is impossible or excessively burdensome, or has caused significant damage to the USER, the USER may request a reasonable price reduction. It is understood that the USER loses this right if he does not report the lack of conformity to AGRICOOK within two (2) months from the date on which he discovered the defect, provided that it is not a Product which by its nature is perishable or subject to expiry in a shorter term, in which case the defect must be reported within this shortened term.
8.7 The USER's request aimed at obtaining the replacement of the Products must be communicated to AGRICOOK by contacting Customer Service or with a declaration sent by registered letter with return receipt. to be sent to the following address Agricook s.r.l., [email protected]; in any case, this declaration must be sent in advance by e-mail to [email protected].
8.8 Although AGRICOOK is very attentive to the characteristics of the Products requested by the USER in the Purchase Order, AGRICOOK cannot guarantee that the characteristics and weight of the Products delivered to the USER are exactly those indicated by the Seller on the Site, as these are products crafts are subject to physiological variations in weight and appearance. Therefore it is possible that there is a slight deviation in the characteristics or in the weight of the individual Products delivered to the USER compared to what is indicated by the Seller on the Site and in the Purchase Order.
9. Withdrawal, returns and refunds
9.1 If the USER is a consumer pursuant to Legislative Decree 206/2005, he can exercise the right of withdrawal in the manner described below, without prejudice to the impossibility of exercising the withdrawal for the following categories of Products:
- goods made to measure or clearly personalized;
- assets that risk deteriorating or expiring rapidly;
- sealed goods which cannot be returned for hygienic reasons or related to health protection and have been opened after delivery;
- goods which, after delivery, are, by their nature, inseparably mixed with other goods;
- alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, whose delivery can only take place after thirty days and whose actual value depends on fluctuations on the market that cannot be controlled by AGRICOOK.
9.2 Therefore, for reasons of hygiene and the protection of USERS, the right of withdrawal is applicable only for Products purchased on the Site that can be returned to AGRICOOK and put back on the market without endangering the health of Consumers.
9.3 The right of withdrawal must be exercised by the USER within 14 (fourteen) days from the date of delivery of the products to the USER.
9.4 In order to exercise the right of withdrawal, the USER must download the withdrawal form available on the Site, sending it to AGRICOOK in the manner indicated therein.
9.5 For the withdrawal or return to be accepted by AGRICOOK, the Products must be returned to the SELLER within the peremptory term of 14 days from the date on which the USER has communicated that he wishes to withdraw from the purchase or make the return by sending the form of withdrawal and in compliance with all the following conditions:
- the Products must be returned complete with all the original packaging (boxes, accessories, tags, protections, etc.);
- the Products must be accompanied by the duly completed withdrawal form;
- the Products returned by the USERAnd they must not have been opened, used, damaged, but may have been manipulated and inspected to establish their nature and characteristics;
- any damaged Products object of the return must be returned as received by the USER, without the same subjecting them to modifications, manipulations or repair attempts.
9.6 AGRICOOK is not responsible in the event of failure to return or theft of Products returned to it not attributable, as well as in the event of a return to an incorrect address, or for delays in the delivery of Products returned to it not attributable, it being understood that the USER assumes any risk of such shipment. Furthermore, the USER is responsible for proof of the return of the Products.
9.7 In the event of withdrawal, the USER will be reimbursed for all payments made in favor of AGRICOOK, according to the payment method chosen for the purchase, in relation to the Product for which the return or withdrawal was exercised, excluding costs for the return of the Products which remain the responsibility of the USER. AGRICOOK reimburses these payments when the SELLER receives the Product subject to withdrawal. The reimbursement is made based on the payment method chosen by the USER and does not involve any cost for the USER (except for any costs of material return of the Products which are borne by the USER).
10. Booking services
10.1 In addition to the possibility of purchasing the products offered by the SELLERS, AGRICOOK offers some online booking services as specified below:
10.2 Reservation and collection service at the company: through this Service it is possible to book some products (indicated as suitable for this service) and collect them at the SELLER's headquarters or other collection point made available by the latter.
10.3 Home delivery booking service: through this service, where made available by the SELLER, the USER can indicate the address to which the purchased products will be delivered. For this service, the SELLER may provide for a specific surcharge. For all other aspects, the general rules for the purchase of Products and their delivery apply.
10.4 Table reservation service: through the table reservation service you can book a table in real time or cancel your reservation in case of unforeseen events. the User who uses the table booking service undertakes, for himself and for his companions, to show up at the reserved restaurant at the booked time. If a User and all his companions do not show up at the restaurant within 15 minutes of the booked time, the restaurant may decide not to keep the table reserved and its availability to the USER will no longer be guaranteed.
10.5 Room reservation service: through this service it is possible to book a room (and related ancillary services indicated on the page relating to the facility offering the Service) at one of the facilities available on the agricook.it website. The terms and conditions for cancellation or non-presentation of the USER are mentioned on the Agricook Platform, in the information pages concerning the SELLER, during the booking procedure and on the booking confirmation e-mail. These terms and conditions may vary during the year or in the case of special offers made available by the SELLER and are at the complete discretion of the SELLER who, together with the USER, is bound to respect them. By making a reservation, the USER accepts and approves the terms and conditions of cancellation and no-show of that SELLER and any other rule or additional condition applicable to the reservation made. In case of no-show or cancellation, the SELLER can still charge the tourist tax (if applicable). Before making the reservation, carefully check the presence of these conditions in the details regarding the chosen Service. Incomplete or late payment, incorrect bank account or credit / debit card details, invalid credit / debit card details or insufficient funds put the booking at risk and may result in a refusal of a refund of any prepayment (especially if not refundable) unless the SELLER agrees to make the refund or allows other solutions provided for in its advance payment and cancellation conditions.
10.6 These general conditions are applicable to all Services offered by the SELLERS through the Agricook platform unless specific conditions relating to the single service are provided by the SELLER and made available to the USER before confirming the purchase.
11. Comments
11.1 AGRICOOK gives Users who have acquired a product or service the opportunity to leave a comment on the experienceexperience of purchase, the nature of the products purchased or the quality of the Services used.
11.2 AGRICOOK, while having no obligation to moderate or remove USERS 'comments, may take action at its own discretion and on the basis of a reasonable effort to moderate comments and ensure that they comply with the general conditions of the Agricook Platform.
11.3 Each comment is therefore subjected to some automatic filters and, if reported by other USERS or by the SELLER, subject to human moderation. The moderation period is a maximum of 2 weeks. The User may request the moderation of a previously published comment by sending an email to the AGRICOOK Customer Service. specifying the reasons for the moderation request.
11.4 Each SELLER has the right to reply to the single comment received, in particular to:
• give his version of the facts;
• thank consumers for their contribution; and / or
• indicate the changes made to the restaurant after the review was written.
11.5 The right of reply must be exercised within 3 months from the publication of the review concerned by sending an email to the AGRICOOK Customer Service. All requests to exercise the right of reply via email must include the following elements:
• details of the review;
• identification of the author;
• citation of the disputed sections;
• content of the response requested (the response cannot be longer than the review to which you respond).
11.6 AGRICOOK reserves the right not to publish the SELLER's reply if deemed to be in conflict with these general conditions or other applicable legislation.
12. Role of Agricook and Limitation of Liability
12.1 AGRICOOK allows SELLERS to offer their services and products for sale. The actual SELLER is indicated on the detail pages of each service or product. As
supplier of the electronic commerce platform, AGRICOOK facilitates transactions on the site, but is not part of the contract for the sale of the goods and services sold by these third-party sellers. AGRICOOK therefore remains extraneous to this contract, which exists exclusively between the USER and the SELLER. AGRICOOK assumes no responsibility for the goods and services offered for sale and the related sales contract and its correct execution, and does not operate in any way as an agent of the SELLER. The SELLER is solely responsible for the information provided on the Site, for the provision of services and for the sale of products and for the management of any disputes with the USER.
12.2 All information relating to the services advertised through AGRICOOK and not directly purchasable through AGRICOOK (such as, for example, the catering or hospitality services offered by the SELLERS) are provided for information purposes only and for convenience. In no case AGRICOOK guarantees the accuracy of such information.
12.3 Apart from cases of willful misconduct or gross negligence, AGRICOOK is in no way liable to the USER for any direct or indirect damage that may arise from the purchase of Products offered on the Site.
12.4 AGRICOOK also declines any contractual or extra-contractual liability for direct or indirect damages, caused by the non-acceptance or evasion, even partial, of an Order.
13. Customer Service
13.1 The USER can request information, send communications or submit complaints by contacting the AGRICOOK Customer Service by sending an email to [email protected].
14. The AGRICOOK loyalty program
14.1 The loyalty program allows USERS to accumulate loyalty points after a successful purchase or reservation on the agricook.it site.
14.2 All USERS correctly registered on the agricook.it site automatically and free of charge participate in the loyalty program
14.3 Any purchase or booking made through the agricook.it site will entitle you to the accumulation of loyalty points. In the event of withdrawal from the purchase, cancellation of a reservation or no-show at the place and time booked, you are not entitled to accumulate any loyalty points.
14.4 In your account you can find an updated count of the accumulated loyalty points. Accumulated loyalty points are strictly personal and in no case can they be exchanged and / or sold.
14.5 Once obtained, the loyalty points can be converted into a discount on the products and services offered by the SELLERS participating in the initiative. The list of participating sellers is available on the agricook.it website.
14.6 AGRICOOK reserves the right to modify, suspend or unilaterally terminate the loyalty points accumulation program at any time without incurring any type of responsability. In this case, AGRICOOK will inform the USERS by email and / or by publication on the Agricook.it website indicating the new terms and conditions of the loyalty program and / or the closing terms of the loyalty program.
14.7 In relation to the loyalty program, AGRICOOK is exclusively obliged to correctly assign loyalty points and cannot be held responsible for their failure or incorrect use by USERS and / or SELLERS.
15 Dispute Resolution, Jurisdiction and Applicable Law
15.1 The court applicable to sales contracts concluded through the agricook.it website is that of the USER's place of residence or domicile. For the resolution of disputes it is possible to resort to the mediation procedures provided for by Legislative Decree 4 March 2010, n. 28. It is also without prejudice to the possibility of promoting the out-of-court resolution of disputes, also by making use of the RisolviOnline conciliation service provided by the Arbitration Chamber of the Milan Chamber of Commerce.
15.2 Orders placed on the basis of these Conditions of sale are governed by Italian law, in particular by the Civil Code, by Legislative Decree 6 September 2005, n. 206 and by Legislative Decree 9 April 2003, n. 70.
15.3 In the event of a conflict between the versions of the Terms of Sale prepared in a language other than Italian and accepted by the USER, the meaning and interpretation of the Terms of Sale in Italian prevail.
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