"Adoption" and sale conditions
Presentation
These Contractual Conditions govern the sale of goods and services in the agricultural, agri-food and experience sectors related to the agricultural world.
The intent of the Promoter is to offer not only the sales of first quality goods and services, but also a “distance” experience related to the production cycle of the chosen crop (olives, etc.), so that the User can become a "remote farmer", involved in the production of what he will consume at the time of harvesting the fruits.
the User will therefore be able to adopt plants and / or crops, plant trees and follow their growth, care and production, and then consume the harvested fruits and products derived from their transformation, sure of their excellence and genuineness.
The User will have the opportunity to purchase visits in the territories where crops are adopted, attend to the individual stages of cultivation, (harvest, olive harvest, pressing, etc.), staying in local structures, experiencing the territory, the environment and the agricultural experience itself.
With these contractual conditions the Promoter provides all pre-contractual information in accordance with the law. For the benefit of end users, any other information from the Promoter can be requested at the following customer care e-mail address: info@begreentelligent.com.
DEFINITIONS
Promoter: is the web platform / e-shop called begreentelligent owned by the Company begreentelligent SRL with registered office in Santa Croce Sull'Arno (PI), Via XXV Aprile n. 3, VAT number / C.F. 02387690502, which intends to offer the user an experience which is as long as the annual production cycle of the reference crop. Through the adoption of an individual tree or crop, the user will have the remote experience to plant trees and follow their growth, care and production, and taste the products generated by the agricultural production cycle. begreentelligent also offers services related to promotion and sale of agro / tourist packages.
Products: all the services/products and/or goods marketed by begreentelligent referring to a specific territory.
Services: experiences offered by the promoter in order to enhance Products with the possibility of adopting the crops, without acquiring any property rights or minor high real rights over them. Once the crop and / or the single tree have been identified, they can be followed for their entire annual production cycle, up to the harvest of the fruits and their eventual transformation. The Platform will offer the possibility to apply an identification tag or other identification method on the plant / crop; where possible, it will organize events to be purchased separately during the various agricultural phases, with the chance for an overnight stay and refreshment in the reference area, in order to make the cultivation experience exclusive to the User, even at a distance, enhancing the reference geographic area.
User / Customer: it is the buyer who holds the status of consumer, meaning the physical and legal person who makes the purchase for purposes not related to any commercial or professional activity. By accessing the site and registering and by leaving all his data, the Users propose the purchase of the Products and / or Services.
Platform: it is the "website" that is the set of web pages relating to begreentelligent where the Services and Goods will be offered, with a detailed description of the places and methods of cultivation and transformation
Offers: it is the sales made by begreentelligent for all or part of the Services and Products, for limited periods of time.
Adoption / purchase of products: it is the User's declaration to identify and follow exclusively the growing also of a single plant for the duration of one year, without acquiring any property right or other minor right over them, in all its cultivation phases, up to the harvest of the fruits and their eventual transformation.
Experience: tourist packages related to the agri-food world.
Booking: it is the User's declaration to participate to an individual phase of plant cultivation, product transformation and tastings, with the option of a staying in selected agritourism facilities in the reference area.
Delivery: delivery of Products to the address indicated by the User as the shipping address in the purchase order.
Login: it gives the access to the area where the Users can view their data with tha chance to change or cancel it, after registration on the platform / website.
Terms and conditions of adoption and sale
All contracts are concluded exclusively with access, by the User / Customer to the Website, using remote communication technology through the Internet.
Orders placed by the User / Customer through the site are intended as a proposal sent to the Promoter for the purchase of the selected Services and products on the basis of these general conditions of sale. The purchase contract will be considered concluded only when the proposal is accepted (acceptance) by the Promoter through an acknowledgment / acceptance email (order confirmation).
Submitting the purchase order implies the acceptance to receive future communications from begreentelligent, related to the completion and execution of the sales contract. All information and updates regarding the cultivation of the tree and / or crop adopted will also be sent.
By placing an order in the provided ways, the User / Customer declares they have read all the information provided during the purchase procedure and to fully accept the general and payment conditions.
If the User / Customer is a consumer (i.e. a phisical person who purchases goods for purposes not related to his professional activity), once the online purchase procedure is completed, they will print or save an electronic copy and in any case, keep these general conditions of sale, in compliance with the provisions of art. 3 and 4 of the Dlgs 185/1999, Italian law, on distance selling.
The Promoter has the right not to accept or partially accept the User / Customer Order, in relation to the actual fruits production and transformed products’ availability.
In case of acceptance, the Promoter will confirm by e-mail the request for adoption and / or purchase. Such e-mail will contain the information concerning the conditions of adoption and sale, including the approximate terms of fruits ripening and delivery of the products. The Order confirmation is valid as acceptance of the purchase proposal.
The contract is concluded, and it is binding for both parties, when the purchase order confirmation is sent to the User / Customer.
If the request that the User / Customer has made through the order exceeds the available quantity, the Promoter will accept the adoption and / or purchase under the limit to what is actually available. It will be the responsibility of the Promoter to inform the User / Customer (by telephone, fax or e-mail) about the actual quantity of trees and crops for adoption, and products available for sale, in relation of the results of the agricultural year.
TIMES AND DELIVERY METHODS.
The Promoter will deliver to the User / Customer the selected and ordered Products by trusted couriers, within the indicated times (variable by region and state) and in any case no later than 30 days from the moment fruits and processed products will be available, if not available yet, due to reasons related to the agricultural year.
The transport of goods is subject to payment. the amount is indicated on the website / portal together with the offer.
The delivery of Products is subject to the payment by the User / Customer of the related price. Payment methods can be chosen among the ones available on the site / portal in the payment method section.
Fiscal documentation (invoice) will be issued to the customer electronically by sending an e-mail containing an attached paper copy of the IT document sent to the SDI in accordance with the National law.
Customers subject to VAT tax will be able to find the electronic documentation on their tax drawer.
Upon conclusion of the contract, the customer will be billed:
a) the amount due for the use of the services offered and purchased;
b) a deposit on the transport costs of agricultural products.
The shipment of products may take place, on behalf of begreentelligent, also by commercial partners, with departure of the products from their respective warehouses. In this case, supplier’s partner will take care of the necessary formalities.
At the time of shipment, a regular accompanying invoice will be issued for shipment purpose to the end customer, after deducting the deposit already received.
PRICES
All prices of the Products indicated on the Website / Platform include VAT and all other taxes.
The prices applied are those indicated on the Website / Platform at the time of the purchase order by the User / Customer.
PRODUCTS AVAILABILITY AND DESCRIPTION
All product descriptions, illustrations, representations, details, dimensions, performance data and any other information available on the Platform must be understood as general illustrations of the products and do not represent in any way a guarantee or declaration of conformity of the products to them.
In the circumstance of unavailability, for any reason, of one or more Products, the Promoter will proceed with the delivery of similar Products of equal quality and origin; in this case, even the partial delivery of the ordered Products will be considered valid and will not give the Customer the right to refuse the delivery nor the one to any kind of compensation or indemnity.
The Promoter assumes no responsibility for any disservices attributable to any kind and nature of force majeure causes, in the event that it fails to execute the contract within the time agreed. The following can be considered as force majeure causes, by way of example but not limited to: the lack of products due natural reasons related to the agricultural production cycle, the provisions of the Public Authority, the strike of its employees or strike of the carriers used by the Promoter, as well as any other circumstance that is beyond its direct control.
USER / CUSTOMER OBLIGATIONS
Once both the registration procedure on the website / platform and the online purchase have been completed, the User / Customer undertakes to print and keep these General Conditions.
Information contained in the General Conditions must be viewed and accepted by the User / Customer before sending the purchase order. Acceptance takes place by marking the appropriate space on the website / platform. In case of no acceptance of the general conditions the order cannot be executed
By registering in the login area the User/Customer, must indicate all the tax information useful for the issuing of the invoice, before completing the online purchase procedure.
WITHDRAWAL
The Promoter is interested in an long relationship with each of its customers, ensuring maximum attention to every need and full availability to solve any problem.
The Promoter, in compliance with the Customer Code and the provisions issued by the European Union for the protection of the consumer, recognizes the right of withdrawal within fourteen working days from any purchase made remotely and receiving full reimbursement of the expense incurred for the purchase without any penalty. The only expenses not to be efunded will be the ones related to the shipping of products and those ones related to the customized tags, to be applied to the adopted trees, in case they had already been manufactured.
The Community legislation provides that the withdrawal right can be exercised only by natural persons (consumers) who act for purposes which are not related to their commercial activity.
As a consequence withdrawal CANNOT be exercised by legal and natural persons acting for purposes related to any commercial activity. In addition, excluded from the withdrawal right those purchases made by resellers or by subjects who in any way purchase for resale to third parties
Withdrawal right must be exercised within 14 (fourteen) days from the receipt of the order confirmation, with a communication signed by the Consumer, by registered letter with return receipt to be sent to the following address: Loc. Pozzetti, 11 - 57025 Piombino (LI ) - ITALY or by certified email to the following address: amministrazione@pec.begrteentelligent.com.
The consumer must anticipate the withdrawal notice via e-mail to: info@begreentelligent.com.
The exercise of the withdrawal right gives the Consumer the right to be refunded of the product price with no penalty, excluding shipping / collection costs and those ones related to the production of the personalized tags, to be applied on the adopted trees, in case they have already been manufactured.
It is understood that, in case they use the aforementioned right of withdrawal, Consumer must return, intact and in perfect condition, any products they have already received. they must act carefully in order to properly preserve the products in their possession and keep them, at their expenses, in the its original packaging, sending them to the Promoter within 3 (three) days from exercising the right of withdrawal ensuring their correct delivery.
The shipping costs for the returned goods remain in charge of the consumer.
Failing the above, the right of withdrawal will not apply and the Promoter's right to compensation for damage will be reserved, in addition to the payment of the product price.
Products must be returned directly to the Promoter.
Product’s price refund will be made within 14 (fourteen) days from the date on receipt of undamaged goods at the offices of begreentelligent s.r.l.
The right of withdrawal is totally lost if the returned product is not intact, that is in details:
1. Lack of original packaging.
2. Absence of any of the elements of the product.
3. Damaged product for any reasons but transport.
After verifying the integrity of all components of the product and related accompanying elements, the Promoter will proceed with the reimbursement of the paid amount, with the EXCEPTION of shipping costs.
Refund will take place within 14 days after the above described checks
TO BE READ CAREFULLY:
not all products can be returned. Law DOES NOT ALLOW THE RETURN of perishable food products.
Why can't I return food? To protect our Users / Customers and for hygienic reasons you can exercise the right of withdrawal only for products that can be put back on the market without endangering the health of consumers. For this reason it is not possible to return food products of which it is not possible to guarantee adequate conservation standards.
RECEIPT OF PRODUCTS
It will be under the responsibility of the User / Customer to check products upon delivery and verify that conditions of the products are satisfactory in relation to those indicated in the relevant description and that products are complete.
The Promoter won’t be responsible, and the User / Customer will have no right to refuse products, unless any defects in the products (not attributable to the conduct or negligence of the User / Customer or upon receipt of the products), is communicated at the delivery after the verification of the product. Communication has to be done in writing according to the methods and to the addresses as indicated in the previous article and in any case, under penalty of forfeiture, no later than 8 (eight) days from discovery.
The full acceptance of the products by the User / Customer extinguishes any liability for any defects or damage that may be present.
In the event of faults or defects correctly and promptly reported under the provisions of this article, the Promoter undertakes to refund the price of the product that has proved to be damaged or defective, after verification by the Promoter itself, once the product is shipped back to the following address: Loc. Pozzetti, 11 - 57025 Piombino (LI ) - ITALY and provided that the product is actually found to be defective as declared by the consumer.
It is understood that carrier's responsibilities for damage, failure or loss of products, or part of them during transport, remain unaffected, from the moment it receives them to delivery to the User / Customer.
PROTECTION OF MINORS
Children under the age of 18 are not authorized, unless under the control of an adult family member, to transmit orders via the online order form.
MODALITÀ DI PAGAMENTO
The User / Customer can pay for ordered Products / Services by using the payment instruments accepted by the Promoter.
By filling in the dedicate section on the website, the User / Customer authorizes the Promoter to use payment methods for which a prior authorization is required; in the other cases (bank transfer and cash on delivery) and only if provided, the User / Customer undertakes to make the payment personally and by filling in the aforementioned section,
Any additional costs such as customs duties, import taxes, local taxes, local VAT and / or other ancillary charges are under the responsibility of the receiver.
COMPLAINTS
For any complaint, please contact the Customer Service by e-mail at the address info@begreentelligent.com. Within 7 working days of receipt of the complaint, the Customer Service will contact the Customer to indicate the times and methods for the complaint handling.
APPLICABLE LAW
Any dispute relating to the application, execution, interpretation and breach of the contract with the Promoter, accepted online by the User / Customer, is subject to Italian jurisdiction.
These general conditions of sale are governed by Legislative Decree 206/2005 relating to the protection of consumers in respect of distance contracts and by Legislative Decree 9.4.2003, n. 70, in implementation of the European Directive on Electronic Commerce n. 2001/31 / EC, together with any other applicable law and regulation, the "Applicable Law".
DISPUTES
For the Consumer, understood as final Consumer, the competent Court is the one of his place of residence and related mediation bodies, as required by the Applicable Law.
In case of customers not falling within the "Consumer" category as per Legislative Decree 206/2005, the exclusively competent Court is the Court of Livorno (Italy).
Pursuant to art. 1341 and 1342 of the Italian Civil Code, the User / Customer declares to have read carefully and to accept expressly and in particular the following clauses of the General Conditions of Sale with the Promoter: Characteristics and availability of the Products; Responsibility of the Promoter; withdrawal; Disputes; Applicable law and referral.
Personal data will be treated in compliance with the Privacy Policy document available for consultation at the link https://www.begreentelligent.com/it/privacy-policy.php
Please read, print and keep this document.
