These terms are also available in Italian. For consumers, both versions have equal value (clause 2.8).
This “Terms and Conditions” document sets out the legal terms governing the use of the website www.contradaingegnoso.com (“Site”) and the purchase of the products of Az. Agr. Contrada Ingegnoso (Azienda Agricola, a farm business), established and registered in Italy with VAT number (P. IVA) 04460750716, entered in the Foggia companies register (registro delle imprese) with REA FG – 329574, with registered office in Via Giardino, 242 – 71032 Biccari (FG) (“Seller”).
The User of the Site (“User”) is a natural person interested in using the Site who acts as: a consumer, within the meaning of article 3, letter a) of the Italian Consumer Code (Legislative Decree no. 206/2005, “Codice del Consumo”, hereinafter the “Consumer Code”); or a professional, within the meaning of article 3, letter c) of the Consumer Code (“Customer”).
1.1. These Terms and Conditions apply to all the services offered by the Seller through the Site and to the purchase of each of the products offered on the Site. By placing an order for any Product, the User accepts these Terms and Conditions.
1.2. On the Site, the Seller offers the Products for sale and provides e-commerce services for customers (the “Customer”): a consumer within the meaning of article 3, letter a) of Legislative Decree no. 206/2005, or a professional within the meaning of article 3, letter c) of the Consumer Code. In the latter case, the provisions of the Consumer Code do not apply.
1.3. The Products are offered and sold for delivery in Italy (excluding Livigno and Campione d’Italia) and in the countries of the European Union (excluding the Canary Islands, Ceuta and Melilla).
1.4. The Seller reserves the right not to fulfil orders from non-consumer users and/or for delivery to countries other than those indicated in clause 1.3, or any order that does not comply with its commercial policy. Supplies to restaurants, shops and other businesses are agreed separately, on quotation.
1.5. The Seller reserves the right to amend the Terms and Conditions from time to time by updating them on the Site, although such amendments will not affect any order already placed by the Customer. Any amendments and/or new conditions will take effect from their publication on the Site. To this end, the Seller invites users to check for the publication of the most up-to-date Terms and Conditions.
1.6. The applicable Terms and Conditions are those in force at the time the Customer places the order for a Product.
1.7. If the Customer wishes to withdraw and/or does not wish to accept the amendments to the Terms and Conditions, they may withdraw their acceptance by registered letter with acknowledgement of receipt, giving 14 days’ notice. Use of the site after the end of the period referred to in the previous paragraph constitutes evidence of the intention to accept the Terms and Conditions.
1.8. These Terms and Conditions do not govern the sale of products and/or the supply of services by parties other than the Seller that appear on the Site through links, banners or other hyperlinks. Before entering into commercial transactions with such parties, the Customer must check their conditions of sale. The Seller is in no way responsible for the supply of services and/or the sale of products by such parties.
2.1. In order to make a purchase and access the private area of the Site, the User must create a personal and confidential profile (“Account”).
2.2. The User of the Site is a natural person interested in using the Site who acts as a Customer.
2.3. Users who register on the Site declare that they are at least 18 (eighteen) years old and have the legal capacity to act.
2.4. Registration on the Site is free of charge. To register, the User can fill in the registration form by entering an email address and a password, or complete the purchase procedure, providing the following data: email address; first name and surname, billing address and, if different, shipping address, tax code (codice fiscale), payment method, password. Registration is confirmed by an email sent to the User.
2.5. By completing this registration procedure, the Registered User agrees to:
– these Terms and Conditions;
– the Privacy Policy available on the Site.
2.6. The Registration Credentials must be used exclusively by the Customer and may not be passed on to third parties. The Customer must notify the Seller without delay of any suspected misuse of them. The Customer can change the registration credentials at any time by logging in to the Site, in the section dedicated to the User’s profile.
2.7. The Customer warrants that the registration credentials provided during the registration procedure on the Site are complete, correct and truthful. The Customer agrees to hold the Seller harmless from any obligation to pay compensation and from any penalty arising from and/or in any way connected with the Customer’s breach of the rules on registration on the Site. The Customer is solely responsible for access to the Site using the registration credentials and is directly liable for any damage or harm caused to the Seller or to third parties by improper use, loss or misappropriation by others of their Registration Credentials, or by failure to keep them adequately secret.
2.8. These Terms and Conditions are available in Italian and English and the contract may be concluded in either language; customer service answers in Italian and English. Both versions have equal value: in case of differences or doubt, the interpretation most favourable to the consumer Customer applies (Art. 35 of the Italian Consumer Code). For Customers who are not consumers, the Italian version prevails.
2.9. Only one registration per Customer is allowed. Multiple registrations will be deleted.
2.10. The Seller reserves the right to refuse, at its sole discretion, the registration of any User. The Seller also reserves the right not to accept orders, from whomever they come, that appear anomalous and/or to block the Account of a User who acts in breach of these Terms and Conditions or of applicable law.
2.11. By logging in to your “Account” at the top of the home page, you can view your orders and change your details and payment methods.
2.12. The Customer may cancel their registration at any time by sending an email to support@contradaingegnoso.com
The Registered User can use the following services:
3.1.1. Purchase of “Products”: one-off purchases.
3.2. You can find specific information about the Products by visiting the website contradaingegnoso.com.
4.1. At various times of the year we may make special promotional offers (“Offers”).
4.2. Contrada Ingegnoso determines eligibility for Offers at its sole discretion and reserves the right to revoke an Offer and suspend an Account if it determines that the Account is no longer eligible for the Offer.
4.3. Eligibility requirements and other limitations and conditions will be made known when signing up for the Offer or through other means of communication made available to the User.
5.1. In accordance with Legislative Decree no. 70 of 9 April 2003, laying down provisions on electronic commerce, the Seller informs the Customer that:
6.1. All prices shown on the Site are expressed in euros (€) and include VAT. Any contribution to delivery costs, where applicable, is shown and includes VAT. This amount will be shown separately on the order form and in the order confirmation email.
6.2. The Customer will be charged the price of the Product shown on the Site at the time the order was placed.
6.3. The products remain the property of the Seller until the Customer has paid the purchase price and the costs.
6.4. The Seller will process the purchase order only after receiving confirmation that payment of the total amount due has been authorised, consisting of the purchase price, shipping costs where applicable and any additional costs, as indicated in the order form. With cash on delivery, payment is made on delivery.
6.5. The Seller reserves the right not to confirm orders from Users with whom disputes are pending, or in the case provided for in clause 2.10.
7.1. The products offered on the Site are subject to limited availability and to the sale price applicable on the date of the order. The Seller is under no obligation to complete the sale of Products with incorrect prices and reserves the right to refuse and cancel orders and services. It may therefore happen that the Product ordered is no longer available after the purchase order has been recorded.
7.2. In any case where the product ordered is unavailable, the Customer will be informed immediately by email and the purchase order will be cancelled. If payment has already been made, the Seller will refund the amount paid by the Customer immediately, and in any case within thirty days from the day after the order was sent. The Seller accepts no liability for any delays in crediting the refund, which depend on the bank or on the type of card used for payment.
8.1. The Seller will arrange delivery of the Products to the shipping address given by the Customer through selected couriers: express delivery in Italy, Poste courier in the European Union. Deliveries are made in Italy (excluding Livigno and Campione d’Italia) and in the countries of the European Union (excluding the Canary Islands, Ceuta and Melilla).
8.2. Delivery times are those indicated in the purchase order and specified in the purchase order confirmation. In Italy, delivery takes from 1 to a maximum of 3 working days depending on the shipping address, excluding public holidays; in the European Union it usually takes 3 to 5 working days from dispatch. To guarantee the quality of our products and prevent changes caused by temperature variations in couriers’ depots, we ship from Monday to Wednesday, excluding public holidays. Orders received by 2 pm on these days ship the same day.
8.3. When the Products are handed over to the carrier, a shipping confirmation email will be sent to the Customer.
8.4. If delivery is prevented by force majeure, the Seller will contact the Customer by email or telephone to inform them of the delay in delivery. The Seller cannot in any way be held liable for any delays due to the acts of third parties and/or to force majeure.
8.5. Delivery is complete when the Customer, or a third party indicated by them other than the carrier, takes physical possession of the Products (Art. 63 of the Italian Consumer Code).
8.6. The Customer acknowledges and accepts that a maximum of two delivery attempts will be made. Delivery to the Customer’s floor is not guaranteed. If delivery fails because of the Customer (for example because they are not at home for either attempt, or because of a wrong or incomplete address), the Products go back to the Seller’s warehouse: the Seller refunds the price of the Products, keeping the shipping and return costs, or, if the Customer asks, sends them again with new shipping costs borne by the Customer. If delivery fails for other reasons, the Seller sends the Products again at no cost or, if the Customer prefers, refunds the full amount paid.
8.7. The Customer is asked to check carefully the condition of the packaging on delivery. If the package shows clear signs of tampering or damage, the Customer can refuse it or accept it with reservation, and report it as soon as possible, with photos if possible, to support@contradaingegnoso.com: this helps us handle the case with the courier. The risk of loss of or damage to the Products passes to the Customer only when they, or a third party indicated by them other than the carrier, take physical possession of them (Art. 63 of the Italian Consumer Code).
8.8. Delivery costs are calculated automatically according to the purchase order placed and the shipping address entered. In Italy, shipping is free for purchases of €89 or more. Below that amount it costs from €7 (up to 2 kg), with €1 more in Sicily, Calabria and Sardinia and €5 more in remote areas. We also ship to the European Union by Poste courier: the cost depends on the country and the weight and is shown in the cart. Within the European Union, shipping is free for purchases of €149 or more to every country except Bulgaria and Cyprus; to these two countries and to the Balearic Islands, the Azores and Madeira it is always charged. Cash on delivery is available only in Italy, on orders up to €250, and costs €5 more; this surcharge does not apply when the order is collected from our premises.
9.1. Right of withdrawal. Consumer Customers may withdraw from the contract without giving any reason and without any penalty within 14 days of the day on which they, or a third party indicated by them other than the carrier, receive the Products; if the order is delivered in several parcels, from receipt of the last one (Art. 52 of the Italian Consumer Code, Legislative Decree 206/2005). Withdrawal may also cover only some of the Products in the order. The exclusions are in paragraph 9.1.5.
9.1.1. To withdraw, the Customer can use the “Withdraw from contract here” function, reachable from every page of the Site: fill in the form, confirm the request and receive by email a receipt with the date and time. Alternatively, within the same period, the Customer can send any other clear statement of their decision to withdraw to support@contradaingegnoso.com, if possible with the order number and the Products concerned (Arts. 54 and 54-bis of the Italian Consumer Code). The model withdrawal form on the “Refund and returns policy” page can also be used.
9.1.2. On receipt of the withdrawal notice, the Seller opens a return case and sends the Customer instructions on how to return the Products.
9.1.3. The Customer returns the Products within 14 days of the withdrawal notice, following the Seller’s instructions. The direct cost of returning them is borne by the Customer (Art. 57 of the Italian Consumer Code).
9.1.4. The Products must be returned in their original packaging and suitably packed. The Customer is liable only for any loss in value resulting from handling beyond what is necessary to establish the nature and characteristics of the Products (Art. 57(2) of the Italian Consumer Code). For any information: support@contradaingegnoso.com.
9.1.5. Exclusions. For hygiene and health-protection reasons, withdrawal applies only to packages that are still sealed and unopened: it is excluded for packages opened after delivery (bottles, Bags in Box or others), i.e. with the capsule, seal or tamper-evident cap broken or removed (Art. 59(1)(e) of the Italian Consumer Code). It is also excluded for made-to-measure or clearly personalised Products (Art. 59(1)(c)).
9.1.6. Refund. The Seller refunds all payments received, including standard delivery costs, without undue delay and in any event within 14 days of being informed of the withdrawal, using the same means of payment as the purchase, unless otherwise expressly agreed and at no cost to the Customer. It does not refund the extra cost of a delivery method more expensive than standard delivery expressly chosen by the Customer, and may withhold the refund until it has received the Products or proof that they were sent back, whichever comes first (Art. 56 of the Italian Consumer Code).
10.1. To use the purchase service for each of the products offered on the Site, the Customer must indicate one or more Payment Methods.
10.2. The payment methods available may depend on the delivery country and on the order amount.
10.3 Direct purchase of “Products”. This purchase mode refers to a one-off purchase of the “Products” on the Site.
10.3.1. The payment methods accepted for the direct purchase of the “Products” on the Site are those offered on the payment page, including:
10.3.2. The total amount of the order placed by the Customer is the sum of the prices of the individual products selected and the shipping costs, where applicable.
10.3.3. The Seller’s acceptance of the purchase order entails the immediate charging of the total amount of the order using one of the payment methods selected. In the case of bank transfer, the order will be processed once the payment has been credited. In the case of cash on delivery, the total amount is paid to the courier on delivery.
10.4. For some Payment Methods, the issuer may charge you certain fees, for example for international transactions or other charges associated with processing your Payment Method. The local taxes charged may vary depending on the Payment Method used. For more details, the Customer should contact the provider of the service linked to their Payment Method.
10.5 The Customer can update their Payment Methods on the “Account” page. The Seller may update the Customer’s Payment Methods on the basis of data received from payment service providers.
11.1. At the time of purchase, billing details including the tax code (codice fiscale) and/or VAT number are requested in order to issue the invoice. The invoice will be issued as soon as the order has been fulfilled.
11.2. The User is responsible for entering the billing details correctly. By accepting the Terms and Conditions of sale, the Customer accepts and authorises the processing and communication of the related data.
12.1. The Seller undertakes to apply good hygiene and storage practices and, in general, the quality standards relating to the Products, exclusively up to the time of delivery at the place indicated by the Customer; any liability for the poor condition of the Products due to improper storage after delivery is excluded.
12.2. Damage to the Products during transport, before delivery, is borne by the Seller (Art. 63 of the Italian Consumer Code): to handle it as well as possible, please follow the instructions in paragraph 8.7.
12.3. In case of a lack of conformity of the Products, the Customer can contact customer service at support@contradaingegnoso.com, if possible with the order number and a photo.
12.4. Consumer Customers benefit from the legal guarantee of conformity under Articles 128 to 135-septies of the Italian Consumer Code (Legislative Decree 206/2005). The Seller is liable for any lack of conformity that exists at the time of delivery and becomes apparent within two years of delivery (Arts. 129 and 133); unless proven otherwise, a lack of conformity that becomes apparent within one year of delivery is presumed to have existed at delivery (Art. 135). In case of a lack of conformity the Customer is entitled, free of charge, to have the goods brought into conformity: since these are foodstuffs, normally by replacement, as repair is not possible (Arts. 135-bis and 135-ter). If replacement is impossible or is not carried out within a reasonable time, and in the other cases of Art. 135-bis(4), the Customer is entitled to a proportionate price reduction or to terminate the contract; termination is excluded for minor defects (Arts. 135-bis and 135-quater). Return costs for non-conforming Products are borne by the Seller. Claims are time-barred 26 months after delivery (Art. 133(3)).
12.5. Products repaired, modified or in any way altered by the Customer are excluded from the Legal Warranty. Also excluded from the scope of the Legal Warranty are any faults, malfunctions or other defects arising from accidental events or for which the Customer is responsible, or from use of the Product not in accordance with its intended use.
13.1. The Seller reserves the right to suspend temporarily, without notice, the provision of the site and of the services for the period needed for technical work deemed necessary and suitable to improve the quality of the services.
13.2. The Seller may interrupt the provision of the service at any time for security reasons or in the event of breaches of confidentiality, in which case it will inform the Customer.
14.1. The contents of the Seller’s Site, such as, by way of example, works, sounds and videos, images, photographs, dialogues, music, documents, drawings, figures, logos and any other material, in any format, published on the Site, including the web pages, graphics, colours, schemes, tools, fonts and design of the Site, diagrams, layouts, methods, processes, functions and software, are protected by copyright and by every other intellectual property right of the Seller and of the other rights holders. The reproduction, modification, duplication, copying, distribution, sale or any other exploitation of the images and contents of the Site is prohibited unless authorised in advance in writing by the Seller.
14.2. In no case may the User alter, change, modify or adapt the Site or the material made available by the Seller. The User may not circumvent the technical documentation in the software, translate, decode, decompile or disassemble the software, attempt to trace the source code of the Software or create derivative works based on the software, publish the software so that others can copy it, or rent, sub-license, lease or lend the Software.
15.1. The Site is provided without any guarantee of results. The Seller is in no way responsible for any interruptions in the provision of the site due to causes not directly attributable to it and/or beyond its technical control, such as malfunctions of the data or telephone network.
15.2. The Seller reserves the right to modify, suspend and/or interrupt the provision of the Site, in whole or in part, at any time and at its sole discretion, even without notice.
15.3. Terms and Conditions: it is understood that the Customer will use the Site under their full and exclusive responsibility, and that use of the Site must comply with all the instructions provided by the Seller.
15.4. The Customer is authorised to use the Site exclusively for personal use, not collectively or for profit, and assumes full responsibility for any unauthorised use.
15.5. The Seller in no way guarantees that the contents of the Site are accurate and/or up to date. The Seller cannot be held responsible for any damage that users may suffer from the use of the information and contents included in the site.
15.6. The information on the Products provided through the Site is up to date. However, it is not possible to guarantee the complete absence of errors, for which the Seller cannot be held responsible, except in cases of wilful misconduct or gross negligence.
15.7. The Seller reserves the right to correct any errors, inaccuracies or omissions even after an order has been sent, or to change or update the information at any time without notice, without prejudice to the Customer’s rights under these Terms and Conditions and the Consumer Code.
16.1. For help with orders and Products, complaints, returns and withdrawal, the User can contact the Seller by email at support@contradaingegnoso.com; for information, suggestions and quotes at info@contradaingegnoso.com.
17.1. The Terms and Conditions are governed by Italian law, without prejudice to the mandatory consumer protection rules of the country where the consumer Customer has their habitual residence (Art. 6 of Regulation (EC) No 593/2008).
17.2. If the Customer is a consumer resident or domiciled in Italy, the court of the consumer’s place of residence or domicile has mandatory jurisdiction (Arts. 66-bis and 33(2)(u) of the Italian Consumer Code). If the Customer is a consumer domiciled in another European Union Member State, they may sue the Seller either in the Italian courts or in the courts for the place where they are domiciled; the Seller may sue the consumer only in the courts of the Member State where the consumer is domiciled (Arts. 17 and 18 of Regulation (EU) No 1215/2012). For Customers who are not consumers, the Court of Foggia has exclusive jurisdiction.
17.3. The Seller has not committed to any alternative dispute resolution (ADR) body. If a complaint sent to support@contradaingegnoso.com cannot be resolved, the Seller will tell the Customer, on a durable medium, which ADR body is competent and whether it intends to use it (Art. 141-sexies of the Italian Consumer Code). Consumers resident in another European Union country can ask the European Consumer Centres Network (ECC-Net) for help.
