General terms and conditions of use and sale

4.1) General terms and conditions of use

The following terms and conditions - and any subsequent changes that may be made - apply to all our services available online, through the website https://shop.agriturismo.net.

Before using the services of the E-marketplace shop.agriturismo.net, we invite you to carefully read the general terms and conditions of use since by accessing our website (from any device, including mobile devices), using it or purchasing a good or a service, the user declares to have read, understood and accepted the terms and conditions set out below (including the Privacy Policy).

These pages, their content, their structure and the information transmitted through this website are owned, managed and offered by 4tourism Srl and are governed by the terms and conditions set out below.

Art. 1 - DEFINITIONS

The words “The Company” or “E-marketer”, “we” and “our” refer to 4tourism s.r.l. società unipersonale (C.F. e P. IVA 01618980500), con sede legale in Via S.Antioco 70 - 56021 Cascina (PI), Tel. 050.8665377, Fax 050 3869005, mail: amministrazione@4tourist.net.

E-marketplace or ““Platform” o “Website”: the website https://shop.agriturismo.net under the property and control of 4tourism srl and managed, maintained, controlled by it, on which the products/services are made available and which creates the meeting between supply and demand by relating the Sellers with the interested Users to purchase goods and/or receive services;

“Products”: these are consumer goods of any nature made available by the Partners on the E-marketplace “shop.agriturismo.net”.

“Services”: these are services of tourist nature that can be consulted, ordered, provided, booked, combined and consumed by the customer.

“Partner” or “Seller” or ”Company” or “Merchant”: the natural or legal person who acts in the exercise of his business, commercial, craft or professional activity or an intermediary who makes consumer goods and/or services available on the Platform “shop.agriturismo.net”.

“User” or “Buyer” or “Customer”: generally means the person who purchases goods and services provided by the Partner on the platform. The user is to be considered a "consumer" when the natural person purchases goods online for their own purposes and not related to any business, commercial, craft, or professional activity carried out and these general conditions are fully applicable. To all other users, who register on the website as companies or professionals (subjects with VAT number), indicated as a "professional" who therefore act for purposes related to professional activity, only the general conditions of sale that do not concern the consumer specifically and exclusively will be applied..

 “Forwarder”, “Courier” or “Carrier”: the legal person in charge of delivering the goods to the Customer.

 

Art. 2 - PURPOSE AND NATURE OF THE SERVICE

2.1 The E-marketer, as a supplier of the online trading platform, allows companies to market, sell, promote and offer their products and services to be ordered, purchased, booked through an accessible online platform called shop.agriturismo.net accessible by clicking on https://shop.agriturismo.net .

The E-marketplace “shop.agriturismo.net” provides the member companies with useful tools so that the companies themselves can, through actions undertaken on their own initiative, develop their business and their turnover. The Company will favor this development but will never be a contractual party or any commercial exchanges activated in a B2C logic, by companies with users who want to purchase the products and/or services offered by the companies themselves, or any commercial exchanges activated in a B2B logic, between the companies themselves. The company will favor such commercial exchanges but will never be a contractual party; the relationships will exist exclusively between the Seller and the consumer user and between the Seller and the business user.

The E-marketer assumes no responsibility concerning the sales contract and its correct execution, and does not operate in any way as an agent of the Seller. This one is the only person responsible for the sale of its products and services. By making purchases/reservations through the shop.agriturismo.net Platform, the Customer will establish a direct and binding contractual relationship with the seller from whom he purchased the product or service.

2.2 The E-marketer will act exclusively as an intermediary between the Buyer and the relevant Seller; at the time of placing the order by the Customer, in fact, he will inform the Seller and the Buyer by sending them an email containing the details of the order and/or reservations.

2.3 In allowing the use of the E-marketplace, the E-marketer limits itself to disclosing only the data that is provided directly by the Partners. They are fully responsible for all information displayed on the Platform. Although the E-marketer provides the Service with the utmost diligence and attention, it is unable to verify and guarantee the correctness, completeness and accuracy, of the information including prices and costs, as well as the availability of goods and services. displayed on the Platform. Therefore, he will not be held responsible for inaccurate, false, undeliverable or misleading information. Our E-marketplace does not have among its purposes recommending or supporting in particular any Partner, who advertises their products in terms of quality, level of service, availability.

2.4 The Platform shop.agriturismo.net is reserved only for Partners, who have an active commercial relationship with 4tourism Srl through a contract. shop.agriturismo.net is not in fact an open platform (such as Amazon or eBay) where the final consumer can make his product/service available; the Company does not permit non-professional Partners to offer or sell their product on or through https://shop.agriturismo.net .

 

Art. 3 – PRIVACY AND COOKIES

We invite you to consult our privacy policy and our cookie policies governing the use of the platform “shop.agriturismo.net”. 

 

Art. 4 – CORRESPONDENCE AND COMMUNICATIONS

4.1 By making a purchase or booking a service on the shop.agriturismo.net platform, the User agrees to receive communications via e-mail or telephone aimed at executing the contract itself. In the event that the User does not wish to receive promotional-advertising communications from the Company, he can change his settings by following the procedure indicated on the page dedicated to the privacy policy and cookies.

4.2 The E-marketer is not responsible for the communications made by the Seller that take place on or through its Platform. The E-marketer cannot guarantee that any request or communication will be received, read, taken over, executed or accepted by the Partner in a precise and timely manner, for this reason the Company will not be responsible for the exercise made by the Buyer, of the rights related to such requests or direct communications to the Seller.

4.3 To complete the purchase of products/the booking of services successfully, or in any case in order to make the best use of the platform, it is necessary to provide an email address and a valid phone number. The E-marketer is not responsible for non-existent or incorrect email addresses, telephone numbers (mobile) or credit card numbers, nor is he obliged to verify their existence or correctness. 

 

Art. 5 –RESPONSIBILITY AND LIMITATIONS

5.1 Without prejudice to the limitations and clarifications indicated in the hypotheses provided for by these terms and conditions and to the extent permitted by law, the Company will be held responsible only for direct and immediate damages actually suffered, due to failure to comply with the obligations assumed by the E- marketer in the execution of the obligations assumed with these general conditions.

5.2 To the extent permitted by law, the E-marketer will not be held responsible for (a) the inadequacy, incorrectness or untruthfulness of the Partner's information made available on the E-marketplace, (b) the services provided or the products offered from the Partner.

5.3 The E-marketer undertakes to ensure that access to the Platform is provided regularly, without interruptions and that transmissions take place without errors. However, due to the nature of the Internet, uninterrupted access and error-free transmission cannot be guaranteed. In addition, to allow maintenance, repair work, or the introduction of new features and/or services, access to the shop.agriturismo.net platform may also be occasionally suspended, limited or interrupted. The E-marketer will try to limit the frequency and duration of these suspensions and limitations.

5.4 The E-marketer is not responsible for inefficiencies and failures of third parties that affect the functioning of telematic services, including, by way of example, slowdowns in speed or failure of the servers that manage traffic to and from consumers or partners. Furthermore, due to the specific structure of the Internet network, which involves many entities, no guarantee can be offered regarding the constant usability of the services. The Company will therefore not be held liable for damages deriving from the loss of data or the impossibility of accessing the Internet, the inability to transmit or receive information, caused by delays in canceled transmissions or service interruptions. For the same reason, the Company is not responsible for errors and/or threats and/or bugs that may occur during the use of the Platform. Furthermore, while committing itself to adequately protect its web systems and the data contained therein, the E-marketer does not assume responsibility for violations of its systems relating to specific and/or generic attacks carried out by third parties or for interruption services resulting from force majeure including, by way of example and not limited to, sabotage, fires, floods, earthquakes, strikes, malfunctioning resulting from incorrect operation of telephone, electricity and network lines worldwide and/or national, such as, by way of example and not limited to, failures, overloads, interruptions.

 

Art. 6 – REVIEWS

6.1 The Users of the E-marketplace who have completed a purchase of one or more products or services can publish reviews, comments, suggestions and ideas as long as their content is not illegal, obscene, pornographic, abusive, intimidating, defamatory and does not violate privacy, intellectual property rights or is not offensive to the E-marketer, Sellers or third parties or in any case does not contain viruses, political propaganda, commercial solicitations, chain letters, mass emails or any other form of spamming. The Company reserves the right to remove or modify such content at any time and without notice. Similarly, if the user believes that a content published on the E-marketplace contains a defamatory statement or that his own intellectual property right has been violated, he can contact us directly by email: amministrazione@4tourist.net

6.2 If the customer decides to send reviews and contents (photos and/or videos), he guarantees that he is the owner of the relative copyrights and grants the Company both the non-exclusive, free, and transferable right to third parties to use, reproduce, modify, adapt, publish, translate, distribute and show such contents in any part of the world through any means of communication, and the right to use, at its own discretion, the name used in relation to them.

6.3 With the exception of cases in which any liability is attributable to the failure in removing illegal content despite receiving a report from the user, the latter undertakes to indemnify the Company from all legal actions taken against it, deriving from or in any case connected with the content and materials provided by the user himself.

 

Art. 7 – THE ACCOUNT

7.1 To place an order or a reservation, the User must register and is required to ensure that the data provided is correct and complete and to immediately notify us of any information changes. He will be able to access and update most of the information provided in the "My Account" section of the website.

The User is required to keep the username and password confidential and accepts, within the limits permitted by law, to be held responsible for all actions that will be carried out with his access to the Platform. He guarantees to take the utmost care in order to ensure that his password remains secure and confidential and to inform us immediately if he has reason to believe that a third party is aware of his password, or if his password is, or believes it is, about to be used in an unauthorized manner.

It is expressly forbidden for the user to give untrue or third-party data in the registration and/or to make multiple registrations corresponding to the same person. The user relieves 4tourism Srl from any responsibility deriving from the issue of incorrect tax documents caused by errors in the data provided by him, being the Buyer himself solely responsible for the correct insertion of the data.

7.2 The User must not use the shop.agriturismo.net platform: a) for fraudulent purposes, or in any case to commit illegal activities or (b) to disturb or (c) in such a way as to cause, or to be able to cause, interruption, damage or malfunction to its functionality.

7.3 The E-marketer reserves the right to prevent access to the shop.agriturismo.net platform, to suspend or close an account, to remove or modify the contents of the website at its own discretion, in case of violation of the provisions of the law and of these General Conditions of Use.

 

Art. 8 – INTELLECTUAL PROPERTY AND TRADEMARKS

8.1 The ownership of the copyrights and/or related rights on the photos and/or texts and/or videos, which the Partner makes available to the Company, belongs to the Partner, or to the subject(s) who are authors or their successors in title, provided that, in this case, the Partner can freely and legitimately dispose of it in order to allow the E-marketer to execute the Contract.

8.2 The Partner, accepting the Terms and conditions of use and sale, grants the E-marketer a free, non-exclusive and geographically unlimited license, for any use of the photos and/or texts and/or videos, which are aimed at advertising and promoting, in Italy and abroad, the sale of products and/or services through the shop.agriturismo.net platform. By way of example and not limited to, the license in question includes the non-exclusive right to publish, reproduce, communicate and make available to the public, distribute, translate, modify, process and transform the descriptive and photographic material provided by the Partner in digital format.

8.3 In the event that the photos and/or texts and/or videos are subject to translation, modification, processing and/or transformation by the E-marketer, any copyright and/or related rights on the photos and/or texts translated, modified, processed and/or transformed will be the property of the latter and the Partner may therefore use them only with the prior written authorization of the Company.

8.4 The graphic material, logos, page headers, icon buttons, fonts and service marks included or made available through the E-marketplace are trademarks or distinctive signs owned by the E-marketer. These can be used by the Partner and/or Users for the sole purpose of advertising the platform and increasing its use but only by citing the source, through a reference link and in such a way as not to generate confusion among customers or in any other way, provided that this does not bring discredit, denigration or damage to the Company. Any use that does not comply with the law or any of the aforementioned actions or behaviors exercised for purposes other than those described above constitute a material violation of our intellectual property rights.

8.5 All other trademarks not owned by the E-marketer that appear on the Platform are the property of their respective owners (Partners), therefore their use is prohibited without the consent of the latter and the company disclaims any liability in this regard.

 

Art. 9 - CHANGES TO THE SERVICE OR TO THE CONDITIONS

The E-marketer reserves the right to modify the shop.agriturismo.net platform, the policies, these General Terms and Conditions of Use at any time, to offer new products or services or to comply with legal and regulatory provisions. You will be subject to the policies of the General Terms and Conditions of Use from time to time in force when you use the shop.agriturismo.net platform. If any provision of these conditions is deemed invalid, null or for any reason unenforceable, this condition will in any case not affect the validity and effectiveness of the other provisions.

 

Art. 10 - MINORS

The use of the shop.agriturismo.net Platform is allowed only to adults.

 

Art. 11 - OUR CONTACTS

This site is an E-marketplace owned and managed by 4tourism Srl (TAX CODE and VAT 01618980500), with registered office in Via Sant’Antioco, 70 56021 Cascina (PI) (Italia); you can contact us at the following email address:amministrazione@4tourist.net .

 

4.2 General terms and conditions of sale

These General Conditions of Sale govern the sale of products and services concluded remotely through the shop.agriturismo.net platform by accessing the site https://shop.agriturismo.net. The Customer, who will purchase/book products/services through the shop.agriturismo.net, is invited to carefully read these General Conditions of Sale before proceeding with any purchase. Once the order/reservation has been made with any Seller, the aforementioned conditions are considered to be known and fully accepted by the user, who will be obliged to observe them in their entirety. Purchases/reservations of services are allowed only to adults.

 

Art. 1 – THE CONTRACT

1.1 As already specified in art. 2 of the General Terms and Conditions of use, by making purchases/reservations through the shop.agriturismo.net platform, the Customer will establish a direct and binding contractual relationship with the Seller from whom he purchased the product or service. The Company that makes the Platform available is limited only to putting the Sellers in contact with possible buyers but is not part of the contract for the sale of the goods and services offered by the Partners; in fact, it remains unrelated to the transaction, which occurs exclusively between the Buyer and the Seller. The latter is therefore solely responsible for the sale of its products and services

1.2 If the User wishes to buy one or more products through shop.agriturismo.net, he can select them one at a time, adding them each time to the cart. Once all the items to be purchased have been selected, he can proceed with placing the order. At this point, a summary page of the selected products, their price and delivery costs will appear. The User can also choose the payment method and indicate the recipient and address for delivery.

1.3 The order will therefore be considered as a purchase proposal addressed to the Sellers for the listed products/services. Upon receipt of the same, shop.agriturismo.net will send an email to the Seller of the selected products, to confirm the acceptance of the order, an almost identical email will also be sent to the Customer to confirm the selected products/services. This communication, addressed to the Buyer and concerning "Payment made successfully" constitutes the official order confirmation and constitutes acceptance of the purchase proposal. With the transmission of this email, therefore, the sales contract will be considered concluded.

The aforementioned "order confirmation" will contain a summary of the data provided by the Buyer, those of the Seller, the products chosen and their costs, including shipping, and the general conditions of online sale. Once the online purchase procedure has been completed, the Customer undertakes to keep the order confirmation permanently.

In the event that the order is processed through multiple shipments, the Buyer may receive separate "Order Confirmations". In any case, the right of withdrawal is subject to the terms and conditions set out in the following art. 3.

 

ART. 2 - PRODUCT IDENTIFICATION AND AVAILABILITY

2.1 All information contained in the product sheets on the E-marketplace are taken from the documentation provided by the Partner, except for errors and omissions. The E-marketer, while maintaining constant control over the content of this information, does not assume any responsibility in the event of non-compliance of the information on the data sheets with the product itself. The Seller is therefore totally responsible for what concerns the quality and any other element relating to the goods purchased. However, no responsibility can be attributed to the E-marketer in case of differences between the purchased goods and their illustrative images and text descriptions published on our website, without prejudice to the possibility for the user to withdraw from the contract according to what provided for by art. 3 of the general conditions of sale.

2.2 Product availability information is listed on each product's presentation page. It is the Seller's duty to monitor the purchases made and put back into production the products no longer available for purchase.

 

Art. 3 – RESPONSIBILITY TOWARDS THE COMPANY OR PROFESSIONAL BUYER

If the buyer is a company or a professional, the guarantee provided by the civil code in Articles 1490 and ss. will be applied. Therefore, after 8 (eight) days from receipt of the Products, no more complaints will be accepted on the products ordered and delivered.

 

Art. 4 –TERMS AND METHODS FOR EXERCISING THE RIGHT OF WITHDRAWAL

4.1 Subject to the exceptions indicated in the following art. 6 and without prejudice to the case in which the User purchases as a Professional linked to the exercise of his business activity, the Consumer has a period of 14 (fourteen) days to withdraw from the contract, without having to provide any reasons. The withdrawal period referred to in the paragraph ends after fourteen days from:

1. a) the day of conclusion of the contract, in the case of service contracts;

1. b) in the case of sales contracts, the day on which the Consumer or a third party, other than the Carrier and designated by the Consumer, acquires physical possession of the goods or in the case of delivery of goods consisting of multiple lots or pieces, the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the last lot or piece;

4.2 To withdraw from the contract, the Consumer may submit an unequivocal declaration showing the will to withdraw from the contract ("Declaration of Withdrawal"). Communications must be sent to: 4tourism Srl - registered office in Via Sant'Antioco, 70, 56021 Cascina (PI), (Italy), or sent by e-mail to the following address: amministrazione@4tourist.net. To exercise the right of withdrawal, it is necessary that the relative communication is sent before the expiry of the withdrawal period (14 days) and that the product is returned to the Seller within 14 (fourteen) days following the date on which he communicated to the professional the decision to withdraw from the contract.

 

Art. 5 - EFFECTS OF EXERCISING THE RIGHT OF WITHDRAWAL

5.1 The Seller reimburses all payments received in relation to the product for which the Consumer has exercised the right of withdrawal, excluding the costs of delivery of the goods (including those for its return in the event of withdrawal), within 14 days of receipt of the communication relating to the exercise of the right of withdrawal. The refund will be made with the same payment method used for the order, unless otherwise indicated by the Consumer or Company.

5.2 The buyer is required to return the products to the Seller by delivery to the shipper without undue delay and in any case within 14 (fourteen) days from the date on which he communicated the withdrawal. The Customer will bear the direct costs of returning the goods. Refunds will be made only when the product is received in the same conditions of the delivery, unused and completely intact in all its parts, with its original packaging and in perfect condition, with no original equipment missing. In case the goods are not returned intact, the withdrawal will be ineffective and the Seller will send the purchased goods back to the sender with a charge to the same of all shipping costs.

 

Art. 6 - EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

The right of withdrawal does not apply in case of:

- supply of goods that are likely to deteriorate or expire rapidly;

- supply of sealed goods which cannot be returned for hygienic reasons or related to health protection and which have been opened after the delivery;

- supply of goods which, after the delivery, are inseparably mixed with other goods;

- supply of goods made to measure or clearly personalized;

- service contracts after the complete provision of the service if the execution has begun with the express agreement of the Customer and with the acceptance of the loss of the right of withdrawal following the full execution of the contract by the Seller.

Art. 7 – PAYMENT OF THE PRICE AND BILLING

7.1 All the prices of the products displayed and sold on our website are expressed in euros. The aforementioned prices are inclusive of VAT and any other applicable tax pursuant to the law. They will be determined clearly and precisely at the time of placing the order and before proceeding with the payment. All Product prices do not include any costs for their delivery, which will be charged separately during the purchase procedure.

7.2 The Buyer must pay by credit card, prepaid card or by bank transfer. If the payment is made by credit card, the User must confirm the data of the holder of the credit card used for the purchase on the website, by entering the usual sixteen-digit number provided, the expiration date and the security code. The Customer is the only responsible for the data entered and therefore guarantees to have the legitimate availability of the credit card used.

7.3. During the payment process, the E-marketer will not be able to know the information relating to the Buyer's credit card, as the transaction will take place directly on the bank's server. No paper and/or electronic archive of the Company will keep such data. Therefore, in no case can the E-marketer be considered responsible for any fraudulent and improper use of the buyer's credit card by third parties, upon payment of the purchased Products. In the event that fraudulent or undue charges are found on the card used for purchases on the website https://shop.agriturismo.net, the User must notify the Company, at the following address amministrazione@4tourist.net of any undue charge or fraudulent in the shortest possible time, in order to allow the Company to carry out the appropriate checks. The Seller and the Company are not responsible for the illegal or fraudulent use of credit cards and/or other means of payment made by third parties during the order process.

7.4 The buyer who purchases the products/services as a company or professional, may request the issuance of the invoice. Invoicing follows the current legislation on electronic invoicing in force from 1 January 2019. The seller directly issues the invoice for the goods purchased and is required to attach a copy of the invoice in paper format to the package.

 

Art. 8 – SHIPMENTS

8.1 Shipments on the Italian territory will be made by courier, chosen by the seller and, in principle, the products purchased on our website will be shipped within 2-4 working days from the moment in which the sales contract is finalized throughout the national territory including the islands. Orders received over the weekend (Friday, Saturday, Sunday) will be processed no earlier than the following Monday.

In case of payment by bank transfer, the shipment will take place only after the amount has been credited to the bank account.

8.2 The User will be informed of the delivery deadline before the conclusion of the purchase procedure, however the estimated times for sending and delivering the products are purely indicative and in no way binding as they may vary depending on the high number of requests or unpredictable events (strikes, natural disasters...).

If an order includes several products, sold by different sellers, the delivery can be made in various stages and on different dates. The delivery obligation is fulfilled by transferring the material availability of the goods to the Buyer or person designated by him.

No responsibility can be attributed to 4tourism srl in the event of delays in order fulfillment or delivery (Article 1510 of the Italian Civil Code).

8.3The purchased products will be delivered to the address indicated by the Customer during the purchase procedure. Given that the shipping policies are chosen directly by individual sellers/producers and may therefore vary between the different sellers on the E-marketplace, by way of example we report the procedures that are followed by some sellers in the event that, at the time of delivery of the product to the address indicated, the User (or authorized person) is not present.

In case of absence of the User (or authorized person) at the time of delivery, the Courier will make a second delivery attempt the next day. If the second delivery attempt is also unsuccessful for reasons attributable to the User (for example if the user or the delegated person is absent at the time established for the delivery of the package, if the delivery time is wrong, if the address or other contact information provided are incorrect), it is possible that the Package will be returned to the Seller or that additional costs, that the User will be required to bear, will occur. The Seller will contact the User to reschedule another shipment whose costs will be paid by the latter.

In case of further absence or refusal (as above) at the time of delivery, the Courier will make a further delivery attempt the next day; when the fourth delivery attempt is also unsuccessful due to a cause attributable to the User (as above), a termination condition of the sales contract will occur with consequent dissolution of the contract and return of the Product to the Seller's warehouse, which will refund the User of the price paid with a reduction of a penalty equal to 30% (thirty percent) of the same price. This penalty is inclusive of expenses and any other charges or costs incurred by the Seller.

Given the perishable nature of many Products on the E-marketplace, if the impossibility of delivering the Order, for reasons attributable to the buyer, should cause the deterioration of the Ordered Product, the buyer will not be entitled to a new delivery or to reimburse the price of the Product and any other expenses incurred for the purchase.

In the event that the buyer is a consumer, pursuant to art. 63 of the Consumer Code, the risk of loss or damage to the Products purchased, for reasons not attributable to the Seller, will be transferred to the buyer only when the latter or a third party designated by him and different from the carrier, materially enters in possession of the Products.

If, on the other hand, the buyer is a company or a professional, the general discipline dictated by the civil code will apply, therefore during the shipment the Products travel at the risk and peril of the buyer and, no responsibility can be charged to the seller for any damage and/or loss of the Products during transport or in case of theft of the Products already delivered to the Courier, without prejudice to the latter's responsibility.

8.4 All products are packed with the necessary precautions, to receive maximum impact protection. The purchased products travel at the risk of the sellers, except for the responsibility of the carrier or shipper. Any problem must be reported to the producer-seller and the E-marketer is not liable from any dispute as it only provides an IT platform managed independently and personally by the individual seller.

8.5 Shipping rates and related policies are chosen directly by individual sellers/ producers. The transport costs are viewable on the Cart page, once you reach the check out page and may vary according to the seller of the products.

The system will automatically calculate the shipping costs based on the number of sellers/producers from which you select and choose the products: by purchasing multiple products from just one of them, you will pay a single shipping; if you buy products from different sellers/producers, you will have to pay one shipment for each place of departure (therefore, for each seller/producer and you will receive separate shipments and packages. Shipping costs are fully borne by the User.

8.6 At the time of delivery, the user must sign the delivery note in the format presented and note the observations and problems encountered at the time of delivery, such as obvious defects or handling of the products or packaging.

Art. 9 - WARRANTIES ON PRODUCTS SOLD AND LIMITATIONS OF LIABILITY

9.1 The warranty regime on the products sold differs according to whether the buyer is a "Consumer" or a "Professional" pursuant to Directive 1999/44/EC concerning "certain aspects of sales contracts and guarantees concerning consumer goods".

Unless the Seller agrees a more advantageous conventional guarantee, the guarantee of the products purchased by users is governed by the legal guarantee.

The following are the legal guarantee conditions of the Consumer.

If the user purchases as a "Consumer", he benefits from the legal guarantee of conformity to which the seller is required by law on all goods sold ("Legal Guarantee").

9.2 The Legal Guarantee - to which the Seller is obliged - guarantees the goods against conformity defects with respect to the sales contract. The Seller is solely responsible for the sale of the products and must deal directly with any problems inherent or related to the contract with the Buyer, including taking on the obligations arising from the Legal Guarantee.

9.3 In particular, the Seller is obliged to deliver to the Consumer goods that comply with the sales contract. Consumer goods are presumed to comply with the contract if, where relevant, the following circumstances coexist: a) they are suitable for the use for which goods of the same type are normally used; b) they comply with the description made by the Seller and possess the qualities of the goods that the same has presented to the Customer (Consumer) as a sample or model; c) present the usual quality and performance of a good of the same type, which the Consumer can reasonably expect, taking into account the nature of the good and, where appropriate, the public statements on the specific characteristics of the goods made in this regard by the Seller, the producer or its agent or representative, in particular in advertising or on labeling; d) they are also suitable for the particular use desired by the Consumer and which has been brought to the attention of the Seller by the latter at the time of the conclusion of the contract and which the Seller has also accepted for conclusive facts. There is no lack of conformity if, at the time of conclusion of the contract, the Consumer was aware of the defect, could not ignore it with ordinary diligence or if the lack of conformity derives from instructions or materials provided by the Consumer. The Seller is not bound by the public declarations referred to in letter “c” above, when, also alternatively, he proves that: i) he was not aware of the declaration and could not have known it with ordinary diligence; ii) the declaration has been adequately corrected by the time the contract is concluded in order to be known to the Consumer; iii) the decision to purchase the consumer good was not influenced by the declaration. The lack of conformity that derives from the imperfect installation of the consumer good is equivalent to the lack of conformity of the good when the installation is included in the sales contract and was carried out by the Seller or under his responsibility. This equation also applies in the event that the product, designed to be installed by the consumer, is installed by the consumer incorrectly due to a lack of installation instructions.

9.4 The Seller is liable to the Consumer for any lack of conformity existing at the time of delivery of the goods. In the event of a lack of conformity, the Consumer has the right to restore, without charge, the conformity of the goods by repair or replacement, or to an adequate reduction in the price or to rescind the contract. It should be noted that the Seller cannot offer the Consumer the repair of the Food Products, for which it will be possible exclusively the replacement of the purchased goods, a reduction in the purchase price or the annulment of the contract itself. In the event of the purchase of a Product that has a lack of conformity contained within a predefined Package that contains an assortment of various Products, the Seller will be required to replace only the single item if available. The Consumer may ask the Seller, at his choice, to repair the good or replace it, without charge in both cases, unless the requested solution is objectively impossible or excessively burdensome compared to the other. One of the two solutions should be considered excessively burdensome if it imposes unreasonable expenses on the Seller in comparison with the other, taking into account: a) the value that the asset would have if there was no lack of conformity; b) the extent of the lack of conformity; c) the possibility that the alternative solution can be carried out without significant inconvenience for the Consumer. Repairs or replacements must be carried out within a reasonable time from the request and must not cause significant inconvenience to the Consumer, taking into account the nature of the goods and the purpose for which the Consumer purchased the goods. The repair and replacement costs refer to the costs necessary to bring the goods into conformity, in particular with reference to the costs incurred for shipping, labor and materials. The Consumer may request, at his choice, an appropriate reduction in the price or the annulment of the contract if one of the following situations occurs: a) repair and replacement are impossible or excessively expensive; b) the Seller has not repaired or replaced the goods within the appropriate period; c) the replacement or repair previously carried out has caused considerable inconvenience to the Consumer. In determining the amount of the reduction or the sum to be refunded, the use of the asset is taken into account. After reporting the lack of conformity, the Seller may offer the Consumer any other solution available, with the following effects: a) if the Consumer has already requested a specific solution, the Seller remains obliged to implement it, with the necessary consequences in relation to expiry of the reasonable term, unless the Consumer accepts the alternative solution proposed; b) if the Consumer has not already requested a specific remedy, he must accept the proposal or reject it by choosing another solution pursuant to this article. A minor lack of conformity for which it has not been possible or is excessively burdensome to carry out the remedies for repair or replacement, does not give the right to cancel the contract.

9.5.The Seller is liable when the lack of conformity occurs within two years from the delivery of the goods. The Consumer loses the right to assert the legal guarantee if he does not report the lack of conformity to the Seller within two months from the date on which he discovered the defect. The complaint is not necessary if the Seller has acknowledged the existence of the defect or has concealed it. Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the lack of conformity. The direct action to assert the defects not intentionally concealed by the Seller is prescribed, in any case, within twenty-four months from the delivery of the goods; the Consumer, who is agreed for the execution of the contract, can however always assert the rights under the legal guarantee provided that the lack of conformity has been reported within two months of discovery and before the expiry of the term referred to in the previous period.

9.6 In the event that you find a lack of conformity on the goods purchased during the validity period of the Legal Guarantee, please contact 4tourism Srl at the email address: amministrazione@4tourist.net

 

Art. 10 - APPLICABLE LAW AND JURISDICTION

10.1 These General Conditions of Use and Sale are regulated and must be interpreted in accordance with Italian law and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. The User also accepts, and we accept in turn, to submit to the non-exclusive jurisdiction of the Court of Pisa, in fact if you purchase as a Consumer you can act before the jurisdiction of the Court in which you are resident or domiciled to promote a dispute in relation to these General Conditions of Sale.

10.2 We also remind you that - pursuant to the provisions of part V, title II-bis, of Legislative Decree 206/2003 and subsequent amendments, as well as pursuant to Directive 2013/11/EU and Art. 14 Reg. 524/2013/EU - the Consumer, for the resolution of disputes arising in application of this contract, may resort to out-of-court dispute resolution procedures, through recourse to ADR (Alternative Dispute Resolution), through the platform accessible from the following link: https://ec.europa.eu/consumers/odr.

 

Art. 11 - CHANGES TO THE GENERAL CONDITIONS OF SALE

We reserve the right to modify the website, policies and these General Conditions of Sale at any time to offer new products or services, or to comply with legal or regulatory provisions. You will be subject to the policies and terms of the General Conditions of Sale from time to time in force at the time you order products from the Platform.

 

Art. 12 - CONTACTS

For any information, complaint or assistance we provide the following contacts: 4tourism s.r.l. single-member company (Tax Code and VAT number 01618980500), with registered office in Via S.Antioco 70 - 56021 Cascina (PI), email: amministrazione@4tourist.net .

 

Art 13 – INTEGRALITY

These General Conditions of Sale are made up of all the clauses that compose them. If one or more provisions of these General Terms and Conditions of Sale were deemed invalid, null or for any reason inapplicable, this condition will not affect the validity and effectiveness of the remaining provisions which will therefore continue to have full force and effect.

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