General Terms and Conditions of Sale for the Online Shop of Fattoria Podere Oliveto s.s.a.
1. scope of application
1.1 These General Terms and Conditions of Sale (hereinafter “GTC”) apply to all purchase contracts concluded between us and our customers via the online shop, including the underlying offers and declarations of acceptance.
1.2 These GTC apply to natural persons who conclude the contract with us for a purpose that cannot predominantly be attributed to their commercial or self-employed professional activity (hereinafter “consumers”), as well as to legal entities.
2. Offer (order), acceptance, conclusion of the contract, contract text, contract language, prices
2.1 The presentation of goods in our online shop does not constitute a legally binding offer by us, but merely a non-binding invitation to submit an offer by the customer.
2.2 The customer must perform the following steps in order to place an order:
(a) The customer can select the goods he wishes to purchase and their quantity in the online shop and add them to his virtual shopping cart by clicking on the “Add to shopping cart” button. In the shopping cart view under “Edit shopping cart”, he can change this selection at any time until he submits his order, e.g. by changing the quantity of the products, removing a product again by clicking on the box “X” or cancelling the ordering process altogether.
(b) After clicking the button “Checkout”, the customer is asked to provide all the information required for processing his order (in particular name, e-mail address, billing and delivery address, shipping method, payment method) on the pages “Your address” and “Payment method & shipping”.
(c) After this has been done, the customer can continue to the “Check and Order” page, on which the order overview or a summary of the content of his order (selected goods) and the costs incurred are displayed and on which he can change his previous details.
(d) By clicking the button “Order subject to payment”, the customer places a binding order for the goods contained in the shopping basket.
2.3 We shall confirm receipt of the customer’s order to the customer by e-mail immediately after receipt of the order (hereinafter “order confirmation”). Unless expressly stated otherwise, this Order Confirmation does not constitute an acceptance of the offer by us, but is only intended to inform the customer that we have received his order.
2.4 A purchase contract with us is only concluded when we confirm the conclusion of the contract to the customer in writing (letter or e-mail) or as soon as we accept the customer’s offer by delivering the ordered goods. The text of the contract will in any case be stored by us and made available to the customer.
2.5 The customer has the option of printing and/or saving the text of the contract and these GTC.
2.6 A contract is concluded in the German language.
2.7 The prices shown on our website www.podere-oliveto.it at the time of the customer’s order apply to the specified goods. The prices stated are final prices including the statutory value added tax and plus any shipping costs, which are stated in the respective product description under the link “plus shipping costs”. The total price to be paid by the customer (final price of the goods and, if applicable, shipping costs) will be indicated to him separately on the order overview of the “Check and Order” page before the order is submitted.
3. Cancellation policy
If the customer is a consumer, he is entitled to the following right of revocation.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days
(1) in the case of a contract for the sale of goods, from the day on which you or a third party named by you who is not the carrier has or has taken possession of the goods;
(2) in the case of a contract for several goods which you have ordered as part of a single order and which are delivered separately, from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods;
(3) in the case of a contract for the delivery of goods in several partial consignments or pieces, from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last partial consignment or piece.
In order to exercise your right of withdrawal, you must inform us, Fattoria Podere Oliveto, Località Oliveto 50, I-56040 Ponteginori (PI) e-mail: info@podere-oliveto.it, Tel: +39 366 9060152, by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
NOTE: EXCLUSION OF THE RIGHT OF WITHDRAWAL
The right of withdrawal does not apply to:
(1) Contracts for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded;
(2) contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
End of the cancellation policy
Sample cancellation form
(If you wish to cancel the contract, please complete and return this form).
To Fattoria Podere Oliveto s.s.a., Località Oliveto 50, D-56040 Ponteginori (PI), E-mail: info@podere-oliveto.it, Tel: +39 366 9060 152
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*)
Ordered on (*) / received on (*)
Name of consumer(s) _______________
Address of consumer(s) _______________
Signature of consumer(s) (only in case of paper communication) _______________
Date _______________
(*) Delete where inapplicable.
4. Payment, payment processing, due date of the purchase price
At the current time, we only accept payments in advance by bank transfer. Upon acceptance of the customer’s order, the customer will be informed of the bank details to which the total invoice amount is to be transferred.
5. Partial delivery, delivery, delivery period, default in acceptance, force majeure, self-delivery
5.1 If the customer orders several products at the same time, the individual products may be delivered at different times, provided this is reasonable for the customer. Shipping costs, if any, will only be charged once in this case.
5.2 Provided that the goods are in stock and unless otherwise stated in the order overview or in the shipping and payment conditions that can be called up as part of the order process, delivery to customers in Germany shall be made within a maximum of 3 working days and to customers outside Germany within a maximum of 5 working days, in each case after conclusion of the purchase contract.
5.3 If the customer defaults on acceptance of a delivery, we shall be entitled to demand compensation from the customer for the damage incurred by us and any additional expenses in accordance with the statutory requirements. Upon default of acceptance, the risk of accidental deterioration and accidental loss of the delivered goods shall pass to the customer.
5.4 In cases of force majeure or other unforeseen events, e.g. operational disruptions, lawful strikes or lockouts, epidemics/pandemics, import/export bans, official measures, natural disasters, war, etc., which temporarily prevent us, through no fault of our own or attributable to us, from delivering the goods on the agreed date or within the agreed period, these dates/periods shall be extended – even during the delay – by the duration of the disruption to performance caused by these circumstances. If such disruption leads to a delay in performance of more than four (4) months, both parties may withdraw from the contract. We shall inform the customer of this without delay. Any consideration already paid shall be refunded by us without delay. Statutory rights of withdrawal shall remain unaffected.
5.5 In the event that we do not receive delivery of a product ourselves or do not receive it on time, we shall not be in default unless we are responsible for the failure to receive delivery ourselves or to receive it on time. If it is clear that we are not supplied with the ordered product despite concluding a congruent hedging transaction for reasons for which we are not responsible, we shall be entitled to withdraw from the contract. Furthermore, we are obliged to reimburse the customer for any down payments made.
6. youth protection act
In accordance with the provisions of the Youth Protection Act, we do not sell alcoholic beverages and foodstuffs containing spirits in quantities that are not merely negligible to customers under the age of 18. We reserve the right to verify the age of majority.
7. retention of title
Ownership of the goods delivered by us shall not pass to the customer until all claims arising from the purchase contract have been paid in full.
8. right of retention
The customer is only entitled to exercise a right of retention if his counterclaim is based on the same contract.
9. Liability for defects
The statutory provisions shall apply to claims based on defects of the delivered goods with the proviso that we shall only be liable for damages based on a defect insofar as our liability is not excluded or limited pursuant to section 10.
10. Liability, limitation of liability
10.1 We shall be liable without limitation for intent and gross negligence. In the event of a slightly negligent breach of a primary performance obligation or an ancillary obligation, the breach of which jeopardises the achievement of the purpose of the contract or the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the customer was entitled to rely (hereinafter “essential ancillary obligation”), our liability shall be limited to foreseeable damage typical for the contract. We shall not be liable for the slightly negligent breach of ancillary contractual obligations which do not belong to the essential ancillary obligations.
10.2 The above exclusions and limitations of liability shall not apply in the event of fraudulent concealment of defects, in the event of the assumption of a guarantee of quality and/or durability and for liability for claims based on the Product Liability Act as well as for damages arising from injury to life, body or health. This does not imply a change in the burden of proof to the detriment of the customer.
10.3 Insofar as our liability is excluded or limited hereunder, this shall also apply to the personal liability of our representatives, employees and vicarious agents.
11. use of data
We respect the privacy of the customer. Therefore, we collect and process the personal data necessary for the processing of the order exclusively in accordance with the relevant legal provisions, in particular the EU General Data Protection Regulation (DSGVO). For further information on the handling of personal data, including the customer’s right to revoke his consent to data processing, the customer can consult our privacy policy at /datenschutz.
12. Applicable law, place of jurisdiction, partial invalidity
12.1 German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the customer has his habitual residence in a state of the European Economic Area other than Germany, he shall retain protection under the relevant provisions of his state of residence, which may not be deviated from by agreement.
12.2 If the customer is a merchant, a legal entity under public law or a special fund under public law or if the customer is a consumer and has transferred his residence or habitual abode from Germany to another country of the European Economic Area after conclusion of the contract, the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be Unna. However, we are entitled to sue the customer at any other legal place of jurisdiction. Statutory regulations on exclusive jurisdiction remain unaffected.
12.3 Should parts of these GTC be or become ineffective, the remaining provisions shall not be affected thereby. The invalid provision shall be replaced by the statutory provisions.
13. Online Dispute Resolution in Consumer Matters, Alternative Dispute Resolution
13.1 The European Commission provides an online dispute resolution platform (“ODR platform”) under the link http://ec.europa.eu/consumers/odr/. This gives consumers the opportunity to resolve disputes in connection with their online order without having to go to court. We can be reached by e-mail at info@podere-oliveto.it.
13.2 We are not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board in accordance with the Consumer Dispute Resolution Act (VSBG).
14. about us
Fattoria Podere Oliveto s.s.a.
Localitá Oliveto 50
I-56040 Ponteginori (PI)
Tel.: +39 366 9060 152
E-mail: info@podere-oliveto.it
Chamber of Commerce of Pisa
PI – 205736
Management: Hans Joachim Naujoks, Christina Naujoks
Status: March 2023