Background and effectiveness of the General Conditions
The purpose of these general conditions of sale (hereinafter the "General Conditions") is to regulate the retail purchase of products and services, made at a distance and made available, via the Internet, from the site www.terrae.bio(hereinafter, the "Site") in accordance with Italian law as per Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter the "Consumer Code").
The seller of the products and owner of the Site is: PRIMA BIO Soc. Coop a.r.l. (hereinafter, "N.D:") with registered and administrative office in C.da Villanova, 15 - 71010 - Rignano Garganico (FG) - P.IVA 02316110713 - E-mail address: info@terrae.bio
The consumer who accesses the Site to make purchases (hereinafter "Customer") is required, before sending the order, to read carefully these General Conditions that have been made available to him on the Site and that will be available at all times by the Customer also through the link contained in the e-mail confirmation of each order to allow him to reproduce and store them.
In the event that the person making purchases on the Site requires the issuance of an invoice and/or in any case is not a "consumer or user" as defined by art.3 paragraph 1, lett. a) of the Consumer Code, the rules on withdrawal and guarantees set forth in Articles. 9-10-11-12 of these General Conditions or, more generally, all the provisions that under the same Consumer Code apply only to "consumers" will not apply.
Contracts concluded with Terrae.bio through the Site are governed by these General Conditions in compliance with Italian law. Any changes or new conditions of sale will be promptly notified to the customer, will be effective from the time of publication on the Site and will be applied to sales concluded after publication. The language available to conclude the contract is Italian.
Choice and Order of Products
The characteristics and price of the different products for sale on the Site (hereinafter "Product" or "Products") are shown on the page relating to each Product.
In order to purchase the Products, the Customer must complete and send the order form in electronic format, following the instructions contained in the Site. The Customer will have to add the Product to the "Shopping Cart" and, after having read the General Conditions and Privacy Policy and confirmed their acceptance, will have to proceed with the payment, through the chosen method and confirm the order. The order is then placed by confirming the same and is subject to payment of the price, taxes and shipping costs (where applicable) indicated in the order summary form.
By submitting the order from the Site, which has the value of a contractual proposal, the Customer acknowledges and declares that he/she has read all the indications provided to him/her during the purchase procedure and fully accepts these General Conditions and the transcribed payment conditions.
Site Registration.
In order to proceed with purchases on the Site, it is necessary for the Customer to register on the same, providing, truthfully and completely, all the data requested in the relevant registration forum and fully accept the privacy policy and these General Conditions. All other activities that the Customer may perform on the Site do not, however, require registration.
Conclusion of the contract
The contract between Terrae.bio and the Customer shall be deemed concluded with the acceptance of the order by Terrae.bio. This acceptance is communicated to the Customer through an e-mail confirmation of the order itself, to the address indicated by the same, containing a reference to these General Conditions, the order number, the specific data for shipping or collection, billing data, the list of Products ordered with their essential characteristics and the total price, including any delivery charges. At the same time, the order will be placed for processing and no further changes will be accepted.
Orders are subject to availability and discretionary acceptance of Terrae.bio, which reserves the right not to confirm an order, notifying the Customer within 5 working days of placing the order, to the e-mail address associated with his purchase, the possible unavailability of one or more of the Products purchased. The Customer within the next 24 hours will have the option to respond to confirm the order of any additional Products available or cancel it. In case of no response within this period, the order will be considered confirmed for the available products and Terrae.bio will refund the price of the unavailable Products within the 10 working days following the notice of unavailability, by re-crediting the amount to the Customer's credit card.
Information on the Products
Information and features about the Products are available on the Site.
The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description sheet. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale to the Customer and facilitating their recognition and may not be perfectly representative of their characteristics and quality, as they may differ in color and size due to multiple factors including, but not limited to, the Customer's terminal monitor, photographic filters, etc., therefore the Customer acknowledges to and accepts that any such differences do not constitute a lack of conformity of the Products.
In the event of any difference between the image and the written product sheet, the description of the Product sheet shall always prevail.
Prices and Payment Methods.
All prices on the Site are intended to be public prices and therefore inclusive of VAT. Terrae.bio reserves the right to change prices at any time, without prior notice.
The sale prices of the Products do not include shipping costs, which will be added to the total amount due. Shipping costs will be calculated separately by Terrae.bio and will be displayed in the order.
Terrae BIO uses third-party tools for payment processing and does not come into contact in any way with the payment information provided, such as credit card information.
The payment of the price of the Products and related delivery costs can be made by the Customer exclusively by bank transfer in advance, credit card and Pay Pal, to whose circuits, which are expressly indicated on the Site and reported in the purchase process, please refer to for related information.
PayPal
Once the order has been confirmed, the Customer will be redirected to the PayPal site where he/she can make the payment with his/her account or using a card, even prepaid, or in any case according to the methods accepted by Paypal and in compliance with the relevant conditions.
Bank transfer
Terrae BIO will process the order only after receiving confirmation from your bank of the transfer. The Customer must make the transfer within 3 days from the date of the order. If this does not occur the order will be canceled and the goods made available again for purchase by other Customers. The Customer who has not made the transfer may be contacted by Customer Service in order to clarify whether the cause of non-credit is due to the Customer's desire not to confirm the purchase or to other causes.
Wire transfer details:
c/c: PRIMA BIO SOC. COOP a.r.l.
IBAN: IT 19 P 03111 15702 0000001887
Bank UBI Spa
Reason: the Customer must indicate in the reason for the transfer the date and the order number, which can be found in the confirmation email.
Terms of purchase and shipping
The Customer may only purchase the Products on the Site at the time of placing the order as described in the information sheets and under the conditions specifically indicated therein for each type.
Transport and delivery
Shipments are made only in the following countries: Italy
Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure in the appropriate 'Shipping Address' field.
All purchases will be delivered by express courier (hereinafter, 'Courier') from Monday to Friday, excluding holidays and national holidays. Terrae BIO is not responsible for delays that are unforeseeable or beyond its control.
Parcel preparation time 1-2 working days
The approximate delivery time is 1-2 working days in Italy excluding Calabria, Sicily and Sardinia where the expected days are 3-5. In any case, the goods will be delivered no later than thirty days from the date of conclusion of the contract.
The service includes 3 delivery attempts at the address given at the time of the order. After the third unsuccessful delivery attempt, the package will remain in free storage at the Courier for a variable period. During these days, the Customer may contact the Courier directly to arrange delivery.
Right of withdrawal
The Customer has the right to withdraw from the purchase contract for any reason, without explanation and without penalty, subject to the cases of exclusion provided for in Section III below. To exercise this right, the Customer must send Terrae BIO a notice within 14 days from the date of receipt of the Products by submitting any express communication.
Such notice must be sent by registered letter with return receipt, addressed to:
PRIMA BIO SOC. COOP a.r.l.
C.da Villanova, 15
71010 - Rignano Garganico (FG)
or by e-mail to info@terrae.bio.
In such cases, Terrae BIO will communicate via email confirmation of receipt.
The right of withdrawal is governed by the following conditions:
In case of exercise of the right of withdrawal Terrae BIO will refund the customer the full amount of the returned goods, including shipping costs where applicable, within 14 days from the date on which the notice of withdrawal was received, without prejudice to the right of Terrae BIO to withhold the refund until the actual receipt of the goods, or until the consumer has not demonstrated that he has returned the goods. The refund will be made using the same method of payment used by the Customer, unless the Customer has expressly requested a different method. In case of bank transfer or cash on delivery payment, it will be the Customer's responsibility to provide the bank details on which to obtain the refund (account holder, name and address of the Bank and IBAN). It is specified that the cost of returning the goods is borne by the Customer.
The Customer is required to return the goods within 14 days from the date on which he communicated in the manner described above to Terrae BIO the decision to take advantage of the right of withdrawal.
III. In addition to the cases indicated in the Foreword (non-consumer customer and amount less than €50), the right of withdrawal is excluded in the following cases, pursuant to Article 59 of Legislative Decree 21/2014:
- Sealed products that are not suitable to be returned for hygienic reasons or reasons related to health protection or that have been opened after delivery.
The Customer is informed and accepts that for reasons of hygiene and protection of Customers, the right of withdrawal is applicable only for Products purchased on the Site that can be returned and put back on the market without danger to the health of consumers.
Warranty and Conformity Defects
In case of conformity defects of Products sold by Terrae BIO, the Customer must immediately contact the company at the references given on the Contact page.
The legal guarantees provided by Articles 129, 130 and 132 of the Consumer Code apply to the sale of Products. The Customer has the right, at its option and provided that the type of Product allows it, to restore, without charge, the conformity of the Product by repair or replacement, or to an appropriate price reduction or termination of the contract. The Customer shall forfeit these rights if he does not report the lack of conformity to Terrae BIO within the term of two months from the date on which he discovered the defect, provided that the Product in question is not one that by its nature is perishable or subject to expiration in a shorter term, in which case the defect must be reported within this reduced term.
Errors and Limitations of Liability.
The information regarding the Products provided through the Site is constantly updated. Terrae BIO reserves the right to correct the description of the Products even after an order has been submitted, or to change or update the information at any time, without prior notice, without prejudice to the Customer's rights under these General Terms and Conditions and the Consumer Code.
The notions and any information on the benefits due to the consumption of the Products described within the Site are for illustrative and informative purposes only.
Except in cases of willful misconduct or gross negligence, any right of the Customer to compensation for damages or recognition of compensation, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or property, caused by the non-acceptance or fulfillment, even partial, of an order, is excluded.
However, the Customer is always required to carefully read the label of the Products purchased.
Complaints
Any complaint must be forwarded to Terrae BIO using the appropriate contact forum accessible directly on the Site through the Contact form or at the email address: info@terrae.it.
Terrae BIO is committed to responding to all inquiries received within a maximum of 7 business days, starting from their receipt.
Consumer Dispute Resolution
Terrae BIO informs the Customer who qualifies as a consumer under Article 3 paragraph 1, lett.,a) of the Consumer Code that a European platform for online resolution of consumer disputes (so-called ODR platform) has been established.
The ODR platform can be accessed at: https://ec.europa.eu/consumers/odr/main/?event=main.home.show. Through the ODR platform the consumer user will be able to consult the list of ADR bodies, find the link to the site of each of them and initiate an online non-judicial resolution procedure of any dispute related to and/or arising from contracts of sale of goods and services concluded online.
Accordingly, each Customer may use that platform for the resolution of any dispute arising from the online contract entered into with Terrae BIO.
Privacy
The personal data requested when placing the order are collected by donantonio.farm and processed on computer media in order to meet the obligations arising from the contract concluded with the Customer and will not under any circumstances and for any reason be transferred to third parties.
Donantonio.farm guarantees to its Customers the respect of the legislation on the processing of personal data governed by Legislative Decree 30.06.2003 n. 196 ("Code on the Protection of Personal Data") and art. 13 of EU Regulation n.2016/679 ("European General Regulation on the Protection of Personal Data"), to which we refer for further information. For the modalities regarding the processing of personal data, please refer to the link.
Applicable Law and Jurisdiction
The sales contract between the Customer and terrae.bio is concluded in Italy and governed by Italian Law. For disputes relating to the interpretation and / or execution of these General Conditions of Sale or individual purchase orders, if the customer is a consumer under the Consumer Code, will be the exclusive jurisdiction of the court of his town of residence or domicile, if located in the Italian territory; in all other cases the territorial jurisdiction is exclusively that of the Court of Foggia, any other forum excluded.
Safeguard Clause19
Should any clause of these General Conditions be found to be null, invalid and/or ineffective, the said clause shall be deleted, without affecting the remaining provisions, maintaining its validity and/or effectiveness between the parties.
For everything not provided for, Italian law shall apply.