Terms and Conditions of Sale

Definitions

Save for what is otherwise indicated and defined directly elsewhere in these General Conditions of Sale (hereinafter “GCS” for brevity), the terms, when marked by an initial capital letter, shall have the meaning indicated below.

“Rustici s.a.r.l.” refers to RUSTICI SOCIETA’ AGRICOLA A RESPONSABILITA’ LIMITATA (VAT Number: 01598990537) with its registered office in Orbetello (GR) Strada Vicinale della Barca del Grazi, 4
For “Website” it means the website www.biologicarustici.it;
“Customer” means the entity making the purchase via the website www.biologicarustici.it;
“Products” refers to the goods to be supplied based on the online purchase.;
For “Price” shall mean the price charged by Rustici s.a.r.l. as shown on the Website;
For “Price List Variations”, it means variations to the price list.;
For “Deliveries” / “Delivery” means the moment of the transfer of ownership of the Products and the responsibilities and risks from the Supplier to the Buyer;
“Payment” means the term and methods for paying for the Products supplied;

In these T&Cs, where the context of the sentence so requires, terms defined in the singular shall include the plural and vice versa, and the masculine shall refer to the feminine and vice versa.

The General Terms and Conditions applicable to each individual order will be those displayed on the Website at the time of the order itself. Any new General Terms and Conditions will be effective from the moment of their publication on the Website and will apply only to sales concluded after said publication.

All products and prices shown on the Website constitute an offer to the public with the limitations and terms contained on the Website itself and in these Conditions.

1. General terms and conditions of purchase

RUSTICI S.A.R.L. (VAT Number: 01598990537), based in Orbetello (GR), Strada Vicinale della Barca del Grazi, 4, hereinafter referred to as the company, sells food products in compliance with Italian legislation on distance contracts.

Access to the website www.biologicarustici.it and its use are subject to the acceptance of the terms and conditions below.

The sale of products is therefore governed by these “General Conditions of Sale” in addition to the methods indicated in detail in the various sections of this document, which are to be considered an integral part of the sales contract.

Any changes or new purchasing conditions will be promptly notified to the Customer, will be effective from the moment of publication on the website www.biologicarustici.it and will apply only to sales concluded after publication.

2. Customer Order

2.1The Customer's submission of an order constitutes acceptance of the terms and conditions of sale in force at that time.

RUSTICI S.A.R.L. undertakes to ship goods that are intact and have been inspected to a high quality standard.

2.2.In the event of a defect in the goods received, the customer may exercise their right of withdrawal as provided by law, within the limits of the terms indicated in art. 11 right of withdrawal.

2.3The order sent by the customer to RUSTICI S.A.R.L. via the internet network must be completed in its entirety and contain the necessary elements for the identification of the customer and the ordered products, as well as a clear and unambiguous indication of the place of delivery, failing which it shall be void.

2.4The order sent by the Customer will be binding for RUSTICI S.A.R.L. only if the entire order procedure has been completed regularly and correctly without any error messages being displayed by the Website.

2.5 RUSTICI S.A.R.L. will not include products in the order that have not been expressly ordered by the Customer.

3. Order Confirmation

Upon receipt of the order, the customer will be sent an order confirmation notice via email, containing: an order receipt with a summary of the products, their prices, as well as a reference to the applicable terms and conditions of sale, an identification order number to be used for any further communication, confirmation.

The goods will be accompanied by a tax receipt or by the relevant invoice if requested in advance at the time of order by the customer who has a VAT number; this will be sent along with the products or via email.

3.1 Order Invoicing

If the purchase is made by a professional, it will be possible to request the issuance of an invoice by selecting the appropriate box during the order process and entering the billing details, including the tax code and/or VAT number. In this case, the invoice will be sent via email to the indicated address. The professional is responsible for the correct entry of billing details and is expressly informed that, should an invoice not be requested at the time of ordering, it will not be possible to request it subsequently. All clauses specifically and exclusively intended to protect the Consumer, including the provisions on the right of withdrawal pursuant to Article 11 of these General Conditions, shall not apply to the professional.

4. Order cancellation and modification

RUSTICI S.A.R.L., following unforeseen logistical and/or organisational difficulties, may cancel the order by notifying the Customer via email or, by prior agreement with the Customer, may amend the day and/or time of delivery.

5. Features and product availability

DAIRY PRODUCTS

The graphic jacket of the Products delivered is indicative and may not coincide with that shown on the Site in the event that the packaging has been modified.

Please be aware that due to the high level of craftsmanship involved in the product, portions may vary slightly from the selected weight.

Our products are variable in weight and are offered on the Website with indicative sizes and weights.

The actual weight is only determined at the time the product is prepared, and may vary in a non-significant amount, either more or less, than what is indicatively shown on the Website.

In certain circumstances, RUSTICI S.A.R.L., given the artisanal nature of its production, may not be able to guarantee the availability of all products offered, but the occurrence of this circumstance cannot be attributed to RUSTICI S.A.R.L., nor will it be held responsible for the temporary unavailability of one or more products. The temporary unavailability of the product will, in any case, be communicated on the website by RUSTICI S.A.R.L.

Subject to the right of withdrawal, by placing an order, the customer also accepts any partial delivery, limited to the products available from those ordered, and waives the right to claim compensation and/or damages on this account.

Furthermore, the company undertakes, in accordance with the law, to promptly inform the Customer of any unavailability of the ordered product.

Packaging and shipping costs are included in the price and will be covered by our company.

6. Prices and payment methods

The prices of the products indicated in the various sections of this site include VAT, packaging, and delivery costs.

The prices applied are those indicated at the time of the order by the Customer.

Individual product prices are subject to change, and therefore, the prices indicated on the website from time to time supersede and replace previous ones.

The price of the products purchased must be paid by the Customer at the time of purchase, and in any case for payment by bank transfer, within 10 days of the order, through one of the methods provided by the e-commerce site, a method that can be chosen from those available to the customer at the time of placing the online order, which constitutes a commitment to purchase by the customer.

Beyond this date, the order will be automatically cancelled.

6.1 Payment types:

– Advance bank transfer to:

IBAN Code: IT27W0623014300000040411167

Credit card

– Payment via PayPal

When choosing your payment method, clicking on “Add credit card” will transfer you to the partnered PayPal site to enter your credit card details. In this way, we will NEVER come into possession of the data, which will be managed directly and solely by the PayPal service; this is a secure transaction as the entire process is encrypted with a 128-bit SSL protocol.
The order will be dispatched after the payment has been credited, which must occur within 10 working days of order confirmation; after this period, the order will be automatically cancelled.

In case of bank transfer to speed up delivery times, please send a copy of the receipt by email to: info@biologicarustici.it

– Payment methods

This online store uses PayPal for credit card payments and PayPal payments online.

By choosing to pay this way, after completing the shopping basket with what you intend to purchase, the shop sends the customer to an order summary page, which includes the order total and a “confirm order” button. This button directs the buyer to the PayPal page for payment by credit card or PayPal; the payment page will contain the transaction amount in a dedicated form, and it will be the buyer's responsibility to enter the required details.

All of this will take place via secure protocols to offer the buyer complete guarantees; for the authorisation request, PayPal collects the transaction data and enters it into the international authorised circuits. For the notification of the outcome, PayPal's server sends two emails: one to the seller and one to the customer, summarising the transaction details (store ID, date and time of the transaction, amount, outcome).

The customer's bank will authorise only the amount relating to the purchase made.

In the event of order cancellation by the customer or non-acceptance of the contract by Rustici s.a.r.l., the supplier will request the cancellation of the transaction and the reversal of any amount already debited. The time taken to release the initially committed order amount depends solely on the banking system. Once the transaction cancellation has been processed, Rustici s.a.r.l. cannot, in any case, be held liable for any direct or indirect damages caused by delays in the release of the committed amount by the banking system.

La Rustici s.a.r.l. reserves the right to request supplementary information from the customer or a copy of documents proving ownership of the card used. In the absence of the requested documentation, the supplier reserves the right not to accept the order.

At no point during the purchase procedure is Rustici s.a.r.l. able to access the buyer's credit card information. This information is transmitted via a secure connection directly to the website of the banking institution managing the transaction. Therefore, in no event can Rustici s.a.r.l. be held responsible for any fraudulent or improper use of credit cards by third parties when paying for products purchased on the site.

7. Dispatch of goods upon verification of payment

La RUSTICI S.A.R.L., regardless of the payment method chosen by the customer, will proceed to dispatch the ordered products and initiate the delivery procedure only once payment for the ordered products has been received. .

8. Shipping and delivery

8.1. Delivery by Courier

Products purchased on the website will be shipped by courier. The website is for the Italian market exclusively. Delivery times range from 3 to 5 working days from receipt of the order/online payment, subject to delays or unforeseen circumstances not attributable to Rustici s.a.r.l.. Upon shipment, an email confirming dispatch will be sent with the tracking number (parcel identification code).

La Rustici s.a.r.l. shall not be held responsible for delays attributable to the courier and cannot, under any circumstances, be held liable. Any delivery delays do not entitle the customer to refuse delivery of the products, nor to claim any compensation or indemnity whatsoever.

Upon delivery of the goods, the Customer is required to check that the number of packages corresponds to that indicated on the courier's consignment note and that the packaging is intact, undamaged and/or altered, including the closure materials.

Any damage or missing items must be immediately reported to the courier, by writing “accepted subject to inspection of goods” on the document and confirmed straight away by fax to no. 0564/878031 or by email to info@biologicarustici.it

Goods accepted without the necessary notation cannot be subject to claims for damage or shortages during transport.

For delivery, the Customer, or their authorised representative, must be present at the address and time indicated in the shipping confirmation. The customer's telephone number will be provided to the express courier making the delivery at the time of shipment, so that the delivery can be precisely arranged, and in the event of absence, the possibility to reschedule the delivery directly with the courier.

If the Customer (or their representative) is unavailable, the order will be considered cancelled and the Customer will be charged (as a penalty) for the cost of delivery and the Products; RUSTICI S.A.R.L. shall also have the right to exclude the Customer from the service.

9. Warranties and Liability

RUSTICI S.A.R.L., within the availability limits indicated above, guarantees that products identical to those indicated and described on the website will be delivered; it guarantees compliance with all regulations regarding the storage and packaging of products up to the point of delivery at the location specified in the order. The manufacturer is responsible for all products. In the case of packaged products, the manufacturer is also responsible for the accuracy and completeness of the information shown on the packaging. The images displayed on the website are provided to the Customer to facilitate product identification.

10. Customer Obligations

When completing an order, the customer must declare that they have read, understood and accepted these terms and conditions in their entirety. It will be their responsibility to keep a copy in their preferred format. The customer is obliged to provide their residential/business address (which will be considered the default shipping address), their VAT number or tax code, and one or more telephone numbers and an email address to which the Order Confirmation will be sent.

The Customer must specify in the notes any different shipping address from their place of residence/office, and any communications to the courier.

The customer declares that they have not entered fictitious data and therefore declares that the data entered corresponds to their own real personal data. The Company reserves the right to take legal action in the appropriate venues for any violation or abuse.

11. Right of withdrawal

La Rustici s.a.r.l. recognises the buyer's right of withdrawal as provided by law.

In accordance with the aforementioned regulation, the Customer has the right to withdraw from the purchase within 7 working days of receiving the goods.

To exercise this right, you must send the Company a communication by registered mail addressed to: Rustici s.a.r.l. – Strada Vicinale della Barca del Grazi, 4 – 58015 Orbetello (GR) or by certified email to the address rusticisrlagricola@pec.it

The right of withdrawal applies to the goods purchased in their entirety; it is not possible to withdraw from only a part of the product.

The goods must be returned in their original packaging, intact and free from tampering.

Return shipping costs are to be borne by the Customer via insured, pre-paid freight.

Cash on delivery or carriage forward parcels will not be accepted.

The substantial integrity of the product and packaging to be returned is an essential condition for the exercise of the right of withdrawal.

Upon receipt of the disputed goods and verification of their condition, RUSTICI S.A.R.L., if it deems the customer's reasons for withdrawal to be valid, will refund, within 30 days of receipt, the full amount of the order paid for the goods via bank transfer, using the bank details (IBAN code) of the customer's current account.

12. Validity of these terms

These Terms and Conditions of Sale may be amended by the management of Rustici s.a.r.l. at any time and without prior notice. For every purchase made, however, the prevailing conditions set out in this document will have the force of law, with the latter being accessible to the Customer at all times and before the final confirmation of the order itself.

13. Jurisdiction and Applicable Law

For any dispute connected with and consequential to the present commercial agreement, the sales contract and its execution, the competent court for territorial jurisdiction shall be exclusively the Court of Grosseto (Italy) and the applicable law shall be Italian law.

14. Privacy

RUSTICI S.A.R.L. (VAT No.: 01598990537) will process the Customer's personal data in compliance with privacy regulations, as detailed in the policy in the “Privacy” section of the Website.