General Terms and Conditions of Sale
Art. 1 - General provisions
1. These terms and conditions govern purchases made on Masseria Monte, accessible at https://masseriamonte.com/. The terms of sale are submitted for the user's acceptance during the order. Information on the processing of personal data and on cookies is contained in the notices referred to in Article 12: mere browsing and acceptance of the terms of sale do not constitute consent to processing for which consent is required.
2. These General Terms and Conditions of Sale apply to the sale of products with exclusive reference to purchases made on the site in accordance with the provisions of Part III, Title III, Chapter I of the Consumer Code (Legislative Decree no. 206/05 as amended by Legislative Decree no. 21/14 and Legislative Decree 70/03) by
Masseria Monte Azienda Agricola Didattica Registered office: Contrada Fascianello, 48. Fasano (Br), Puglia, Italy VAT number: 02420520740
3. Before accessing the products supplied by the site, the user is required to read these General Terms and Conditions of Sale, which are deemed generally and unequivocally accepted at the time of purchase.
4. The user is invited to download and print a copy of the purchase form and of these General Terms and Conditions of Sale, the terms of which Masseria Monte reserves the right to amend unilaterally and without any notice.
Art. 2 - Subject matter
1. These General Terms and Conditions of Sale govern the offer, submission and acceptance of purchase orders for products on Masseria Monte and do not, however, govern the supply of services or the sale of products by parties other than the seller that are present on the same site through links, banners or other hyperlinks.
2. Before submitting orders and purchasing products and services from other parties, we suggest checking their terms of sale.
Art. 3 - Conclusion of the contract
1. To conclude the purchase contract, it will be necessary to complete the form in electronic format and submit it following the relevant instructions.
2. It contains the reference to the General Terms and Conditions of Sale, the images of each product and its price, the means of payment that may be used, the delivery methods for the products purchased and the related shipping and delivery costs, a reference to the conditions for exercising the right of withdrawal; the methods and time limits for returning the products purchased.
3. Before concluding the contract, you will be asked to confirm that you have read the General Terms and Conditions of Sale, including the Notice on the right of withdrawal and on the processing of personal data.
4. The contract is concluded when the seller receives the form completed by the user, subject to verification of the correctness of the data contained therein.
5. The user will be obliged to pay the price from the moment the online order submission procedure is completed. This will take place by clicking the order confirmation button, which entails an obligation to pay, at the end of the guided procedure.
6. Once the contract has been concluded, the seller takes charge of the order for its fulfilment.
Art. 4 - Registered users
1. When completing the registration procedures, the user undertakes to follow the instructions on the site and to provide their personal data correctly and truthfully.
2. Registration is completed on the site and the account can be used immediately, without requiring the user to confirm it by email. A welcome email is provided for at the address supplied.
3. The user undertakes to promptly inform Masseria Monte of any change to their data communicated at any time.
4. Should the user then communicate inaccurate or incomplete data, or also in the event of a dispute by the parties concerned regarding the payments made, Masseria Monte will be entitled not to activate or to suspend the service until the relevant shortcomings have been remedied.
5. When registering, the user provides their own email address and chooses a password. The user acknowledges that these identifiers constitute the system for validating the user's access to the Services and the only system suitable for identifying the user, that the acts performed through such access will be attributed to the user and will be binding upon them.
6. The user undertakes to keep their access details secret, to safeguard them with due care and diligence, and not to transfer them, even temporarily, to third parties.
Art. 5 - Availability of products
1. Product availability refers to actual availability at the time the user places the order. Such availability must in any case be considered purely indicative because, as a result of several users being present on the site at the same time, the products could be sold to other customers before the order is confirmed.
2. Even after the order confirmation e-mail has been sent, cases of partial or total unavailability of the goods may occur. In this event, the order will be automatically amended by removing the unavailable product and the user will be informed immediately by e-mail.
3. If the user requests cancellation of the order, thereby terminating the contract, Masseria Monte will refund the amount paid within 15 days from the moment Masseria Monte became aware of the buyer's decision to terminate the contract.
Art. 6 - Products offered
1. Masseria Monte sells:
Extra virgin olive oil and preserves Baked goods
2. The offer is detailed on our site at the link: https://masseriamonte.com/
Art. 7 - Payment methods and prices
1. The price of the products will be the one indicated from time to time on the site, except where there is an obvious error.
2. In the event of an error, Masseria Monte will notify the buyer as soon as possible, allowing the order to be confirmed at the correct amount or cancelled. In any event, Masseria Monte will not be obliged to supply what was sold at the lower price indicated in error.
3. The prices on the site are inclusive of VAT and do not include shipping costs. Prices may change at any time. Changes do not affect orders for which order confirmation has already been sent.
4. Once the desired products have been selected, they will be added to the basket. It will be sufficient to follow the purchase instructions, entering or checking the information requested at each step of the process. The order details may be changed before payment.
5. Payment may be made by:
Credit Cards, Paypal, Bank Transfer
Art. 8 - Delivery
1. Masseria Monte ships throughout Italian territory, excluding the Vatican City State and the Republic of San Marino.
2. Masseria Monte will only make deliveries to the user's address, as provided at the time of purchase.
3. Delivery is generally made within 7 working days or, if no delivery date is specified, within the time estimated when the delivery method is selected and, in any event, within a maximum of thirty days from the date of confirmation. Order preparation generally takes up to 2 working days from receipt of payment. From dispatch, indicative transit times are 24 to 48 working hours in Italy and 3 to 5 working days in the European countries served; these transit times do not include preparation.
4. If delivery cannot be made, the order will be sent to the depot. In that event, a notice will specify where the order is located and how to arrange a new delivery.
5. If you are unable to be present at the delivery location at the agreed time, we ask you to contact us again to arrange a new delivery date.
6. If delivery cannot take place for reasons not attributable to us after thirty days from the date on which the order is available for delivery, we will assume that you intend to terminate the contract.
7. As a result of termination, the amounts will be refunded, including delivery costs but excluding any additional costs arising from the choice of a delivery method other than the standard method offered, without undue delay and, in any event, within 30 days of the date of termination of the contract. Transport arising from termination of the contract may involve additional costs, which will be borne by the buyer.
8. Shipping costs are borne by the buyer and are explicitly shown at the time the order is placed.
Art. 9 - Passing of risk
1. The risks relating to the products will pass to the buyer from the moment of delivery. Ownership of the products is deemed to be acquired as soon as full payment of all amounts due in relation to them, including shipping costs, has been received, or at the moment of delivery, if this takes place later.
Art. 10 - Guarantee and commercial conformity
1. The seller is liable for any defect in the products offered on the site, including the non-conformity of the items with the products ordered, in accordance with the provisions of Italian law.
2. If the buyer acts as a consumer, the statutory guarantee of conformity provided for by Articles 128 et seq. of the Consumer Code applies. The seller is liable for any lack of conformity existing at the time of delivery which becomes apparent within two years of delivery, in accordance with the conditions and time limits laid down by law. To report a problem, you may write to info@masseriamonte.com, indicating the order and the defect found; the exercise of guarantee rights is not conditional on completing an online returns form.
3. In the event of a lack of conformity, the user who has entered into the contract as a consumer will be entitled to have the products brought into conformity free of charge, by repair or replacement, or to obtain an appropriate reduction in price or the termination of the contract in relation to the disputed goods and the consequent refund of the price.
4. All return costs for defective products will be borne by the seller.
Art. 11 - Withdrawal
1. In accordance with the legal provisions in force, the buyer has the right to withdraw from the purchase without any penalty and without giving any reason, within 14 days pursuant to Art. 52 of Legislative Decree 206/2005, starting from the date of receipt of the products.
2. In the case of multiple purchases made by the buyer in a single order and delivered separately, the 14-day period runs from the date of receipt of the last product.
3. To exercise the right of withdrawal, it is sufficient to communicate to Masseria Monte an explicit statement of the decision to withdraw from the contract. No account, reason or prior authorisation is required.
The user may also send an email, indicating the order number and their name, to the following email address:
info@masseriamonte.com
Masseria Monte, Contrada Fascianello, 48. 72015 Fasano (Br), Puglia, Italy
4. The model withdrawal form provided for by law may be used, but is not compulsory. To meet the deadline, it is sufficient to send the communication before it expires; there is no need to duplicate it through more than one channel.
5. The goods must be sent back to: Masseria Monte di Ricupero Francesco, Contrada Fascianello 48, 72015 Fasano (BR), Puglia, Italy, without undue delay and in any event within 14 days of the communication of withdrawal. The deadline is met if the goods are dispatched before it expires. For assistance with returns, you may write to info@masseriamonte.com; no prior authorisation is required to exercise the right of withdrawal.
6. Masseria Monte refunds the payments due as a result of withdrawal without undue delay and in any event within 14 days of the communication, subject to the provisions of point 8. In the case of withdrawal from the entire order, the costs of standard delivery are included; supplements for a more expensive delivery method chosen by the customer are not refunded. The customer is liable only for any diminished value of the goods resulting from handling other than what is necessary to establish their nature, characteristics and functioning. Adequate packaging is recommended; the original packaging and the sending of the tax documentation are not mandatory conditions for exercising the right.
7. The costs incurred for returning the goods will be borne by the user.
8. As provided for by Art. 56, paragraph 3 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014, the site may withhold the refund until the goods have been received or until the buyer has supplied evidence of having sent back the goods.
9. The exclusions provided for by Art. 59 of Legislative Decree 206/2005 apply, including goods liable to deteriorate or expire rapidly and sealed goods which are not suitable for return for hygiene or health protection reasons, if opened after delivery. The exclusion does not apply automatically to all food products: it depends on the characteristics of the individual product and on the conditions laid down by law.
10. The refund is made using the same means of payment used for the purchase, unless otherwise expressly agreed with the customer, and at no cost for the refund. For payments by bank transfer, only the bank details necessary to return the amount may be requested.
Art. 12 - Data processing
1. The processing of personal data is described in the Privacy Policy and the use of cookies in the Cookie Policy, which can also be consulted from the footer. The notices indicate the data controller, the purposes and legal bases of the processing, the recipients, the retention criteria and the rights of data subjects.
2. The data necessary for the conclusion and performance of the order and for compliance with legal obligations are processed for those purposes. Failure to provide the essential data may prevent the purchase or delivery. Consent to promotional communications is not required in order to make a purchase.
3. In the new shop, newsletter sign-up and partner offers are not active. The communications necessary for requests, accounts, orders and withdrawal are service emails and do not entail enrolment in promotional campaigns. The shared policy distinguishes the services still present on the old site from those of the new shop.
4. For information or to exercise the rights provided for by personal data protection legislation, you may write to info@masseriamonte.com.
5. Where processing requires consent, this is requested separately and may be revoked in the manner indicated in the notices. Browsing, registration and purchase do not in themselves constitute consent to non-essential cookies or to marketing.
Art. 13 - Severability clause
1. In the event that any of the clauses of these General Terms and Conditions of Sale is void for any reason whatsoever, this shall in no case affect the validity and observance of the other provisions contained in these General Terms and Conditions of Sale.
Art. 14 - Contacts
1. Any request for information may be sent by email to the following address info@masseriamonte.com and by post to the following address:
Contrada Fascianello, 48. 72015 Fasano (Br), Puglia, Italy
Art. 15 - Applicable law and jurisdiction
1. These General Terms and Conditions of Sale are governed by and construed in accordance with Italian law, without prejudice to any different overriding mandatory rule of the buyer's country of habitual residence. Consequently, the interpretation, performance and termination of the General Terms and Conditions of Sale are subject exclusively to Italian law.
2. Any disputes relating to and/or arising from them must be settled exclusively by the Italian courts. In particular, where the user qualifies as a Consumer, any disputes must be settled by the court of the place where the user is domiciled or resident, in accordance with the applicable law.
These terms and conditions were drawn up on 20/07/2023.