Terms and Conditions of lefiligare.com/
These Terms govern.
- the use of this Web Site and
- Any other Agreement or legal relationship with the Owner
in a binding manner. Capitalized expressions are defined in the relevant section of this document.
The User is requested to read this document carefully.
This Web Site is a service of:
Del Conte Srl Società Agricola
Via Sicelle 35 – Loc. Le Filigare
50028 Barberino Tavarnelle (FI)
Email: info@lefiligare.it
PEC: delconte@pec.it
VAT No.: 01778810489
Share Capital: 70,000.00 fully paid up
DATA OF THE DATA PROTECTION OFFICER
First name: Philip
Last name: Cellai
Phone: 337 1183066
Email: info@lefiligare.it
PEC: delconte@pec.it
Tax code/PIVA: 01778810489
Holder’s email address: info@lefiligare.it
Need to know at a glance
- Please note that certain provisions of these Terms may only be applicable to certain categories of Users. In particular, certain provisions may apply only to Consumers or only to Users not acting as Consumers. Such limitations are always explicitly mentioned in each affected clause. If not mentioned, the clauses apply to all Users.
- The right of withdrawal applies only to European Consumers.
TERMS OF USE
Unless otherwise specified, the terms of use of this Web Site set forth in this section apply generally.
Additional conditions of use or access applicable in particular situations are expressly stated in this document.
By using this Web Site you represent that you meet the following requirements:
- There are no restrictions referred to Users with respect to whether they are Consumers or Professional Users;
Registration
To use the Service, the User can open an account by indicating all the required data and information completely and truthfully.
You can also use the Service without registering or creating an account. In that case, however, certain features may not be available.
It is the responsibility of Users to keep their login credentials secure and preserve their confidentiality. To this end, Users must choose a password that matches the highest level of security available on this Web Site.
By creating an account, the User agrees that he/she is fully responsible for any activity carried out with his/her login credentials.
Users are required to notify the Controller immediately and unambiguously via the contact details set out in this document if they believe that their personal information, such as User account, login credentials or personal data, has been hacked, unlawfully disseminated or stolen.
Account closure
You are free to close your account and cease using the Service at any time by following this procedure:
- Contacting the Holder at the contact information in this document.
Account suspension and deletion
The Owner reserves the right to suspend or delete a User’s account at any time at its discretion and without notice if it deems it inappropriate, offensive, or contrary to these Terms.
Suspension or deletion of the account does not give the User any right to compensation, refund or indemnity.
Suspension or deletion of an account for causes attributable to the User shall not relieve the User from payment of any applicable fees or prices.
Content on this Web Site
Except where otherwise noted or clearly recognizable, all content available on this Web Site is owned or provided by Owner or its licensors.
The Owner takes the utmost care to ensure that the content available on this Web Site does not violate applicable law or the rights of third parties. However, it is not always possible to achieve this result.
In such cases, without prejudice to any legally enforceable rights and claims, Users are requested to address the relevant complaints to the contact details specified in this document.
Rights to the contents of this Web Site
The Owner expressly owns and reserves all intellectual property rights to the above content.
Users are not allowed to use the content in any way that is not necessary for or implied by the proper use of the Service.
In particular, but without exclusions, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sublicensing, transforming, transferring/alienating to third parties, or creating derivative works from the content available on this Web Site, from allowing third parties to engage in such activities through their User account or device, even without their knowledge.
Where expressly stated on this Web Site, the User is authorized to download, copy and/or share certain content available on this Web Site solely for personal, non-commercial purposes and subject to observance of the attribution of authorship of the work as well as the disclosure of any other relevant circumstances required by the Owner.
The limitations and exclusions provided by copyright law remain unaffected.
Access to external resources
Through this Web Site, Users may have access to resources provided by third parties. Users acknowledge and agree that the Owner has no control over such resources and therefore is not responsible for their content or availability.
The conditions applicable to resources provided by third parties, including those applicable to any grants of rights to content, are determined by the third parties themselves and governed in the relevant terms and conditions or, in their absence, by law.
Permitted use
This Web Site and the Service may be used only for the purposes for which they are offered, under these Terms and under applicable law.
It is your sole responsibility to ensure that your use of this Web Site and/or the Service does not violate any law, regulation, or the rights of any third party.
Therefore, the Owner reserves the right to take all appropriate measures to protect its legitimate interests, and in particular to deny the User access to this Web Site or the Service, terminate contracts, report any censorious activity carried out through this Web Site or the Service to the competent authorities – e.g. the judicial or administrative authority – whenever the User puts in place or there is a suspicion that it puts in place:
- Violations of laws, regulations, and/or the Terms;
- Injury to the rights of third parties;
- Acts that may considerably impair the legitimate interests of the Holder;
- offenses against the Holder or a third party.
TERMS AND CONDITIONS OF SALE
Paid products
Some of the Products offered on this Web Site as part of the service are chargeable.
The rates, duration and conditions applicable to the sale of such Products are described below and in the respective sections of this Web Site.
Product Description.
Prices, descriptions, and availability of Products are specified in the respective sections of this Web Site and are subject to change without notice.
Although the Products on this Web Site are presented as accurately as technically possible, the representation on this Web Site by any means (including, as applicable, graphic materials, images, colors, sounds) is for reference only and does not imply any warranty as to the characteristics of the Product purchased.
The characteristics of the selected Product will be specified during the purchase process.
Purchasing procedure
Each step, from choosing the product to placing the order, is part of the purchasing process.
The purchase procedure includes the following steps:
- Users are asked to choose the desired Product and verify their purchase choice.
- After checking the information visible in the purchase choice, Users can place the order by submitting it.
Order submission
Sending the order entails the following:
- The submission of the order by the user determines the conclusion of the contract and gives rise to the User’s obligation to pay price, taxes and any additional charges and expenses, as specified on the order page.
- In the event that the Product purchased requires action on the part of the User, such as the provision of information or personal data, specifications or special requests, the placing of the order also constitutes an obligation on the part of the User to cooperate accordingly.
- Once the order has been submitted, Users will be sent a confirmation of receipt of the order.
All notifications regarding the purchase process described above will be sent to the email address provided by the User for this purpose.
Prices
During the purchase process and prior to placing the order, Users are duly informed of all fees, taxes and costs (including any shipping charges) that will be charged to them.
Prices on this Web Site:
- depending on the section the User is consulting include all applicable fees, taxes, and costs or are shown net of applicable fees, taxes, and costs.
Means of payment
Details of accepted means of payment are highlighted during the purchase process.
Some means of payment are tied to additional conditions or incur additional costs. Detailed information can be found in the relevant section of this Web Site.
All payments are handled independently by third-party services. Therefore, this Web Site does not collect payment-related data-such as credit card numbers-but receives a notification once the payment is successful.
In the event that payment made by any of the available means fails or is rejected by the payment service provider, the Holder is not obligated to execute the order. In the event that the payment fails, the Holder reserves the right to claim reimbursement of any related expenses or damages from the User.
Authorization for future payments via PayPal
In the event that the User authorizes the PayPal feature that enables future purchases, this Web Site will store an identification code linked to the User’s PayPal account. This will enable this Web Site to automatically process payments for future purchases or periodic installment payments for a past purchase.
Authorization can be revoked at any time by contacting the Holder or by changing your personal PayPal settings.
Reservation of property
Until the Holder receives payment of the full purchase price, the User does not acquire ownership of the Products ordered.
Delivery
Deliveries are made to the address indicated by the User and in the manner indicated in the order summary.
Upon delivery, Users should inspect the contents of the package and promptly report any anomalies to the contact information provided herein or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.
Delivery may be to the countries or territories specified in the relevant section of this Web Site.
Delivery times are indicated on this Web Site or during the purchase process.
Unless otherwise specified on this Web Site or agreed upon with the User, Products are delivered within thirty (30) days of purchase.
Failure to deliver
The Owner shall not be liable in any way for any delivery errors resulting from inaccuracies or omissions committed by the User in the completion of the purchase order, nor for any damages or delays occurring after delivery to the courier if the courier has been engaged by the User.
In the event that the goods are not delivered or picked up at the time or by the deadline, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further arrangements.
Unless otherwise specified, any attempted delivery from the second will be at User’s expense.
Delivery subject to conditions
Delivery of certain Products, such as alcoholic beverages, restricted content or the like, may be subject to the existence of additional conditions in the receiving person under applicable law, the Terms or any other relevant documents.
Upon delivery of such Products, Users may be required, at the time of delivery, to provide proof or affidavits as to whether such conditions are met – for example, being considered to be of legal age under applicable law.
Any failure to meet legal or contractual conditions may prevent delivery of the Products.
User Rights
Right of withdrawal
Unless an exception applies, the User may enjoy the right to withdraw from the contract within the period specified below (usually 14 days) for any reason and without justification. The User can find more information about the right of withdrawal in this section.
Who enjoys the right of withdrawal
Unless one of the exceptions listed below applies, Users acting as European Consumers have by law the right to withdraw from contracts concluded online (distance contracts) within the time period specified below for any reason and without the need for justification.
Users who do not meet these requirements do not enjoy the rights described in this section.
Exercise of the right of withdrawal
To exercise the right of withdrawal, the User must send the Holder unequivocal notice of his intention to withdraw from the contract.
For this purpose, the User may use the model withdrawal form found in the definitions section of this document. However, the User is free to express his intention to withdraw from the contract in any other suitable form. In order to comply with the period within which the right must be exercised, the User must send the withdrawal statement before the withdrawal period expires.
When does the withdrawal period expire?
- In the case of the purchase of goods, the withdrawal period expires after 14 days from the day on which the User or a third party – appointed by the User and other than the courier – takes possession of the goods.
- In case of purchase of several goods ordered together but delivered separately or in case of purchase of a single good composed of several lots or pieces delivered separately the withdrawal period expires after 14 days from the day on which the User or a third party – appointed by the User and different from the courier – takes possession of the last of the goods, lots or pieces.
Effects of withdrawal
The Holder shall refund all payments received including, if made, those related to delivery charges to Users who have properly exercised their right of withdrawal.
However, the increased cost resulting from choosing a particular delivery method other than the cheapest standard delivery offered by the Owner will remain the User’s responsibility.
The refund shall be made without undue delay and in any case within 14 days from the day on which the Holder was informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, the refund shall be made using the same means of payment used for the initial transaction. The User shall not incur any costs as a consequence of the withdrawal.
… on contracts for the purchase of tangible goods
Unless the Holder has offered to collect the goods, the User must return them to the Holder or other person authorized by the Holder to receive them without undue delay and in any case within 14 days from the day on which the User communicated his or her intention to withdraw from the contract.
The deadline is met if delivery of the goods to the courier or other authorized person occurs before the expiration of the 14-day period described above. The refund may be withheld until receipt of the goods or until the User has provided proof of return of the goods.
The User shall be liable for any diminution in the value of the goods resulting from use of the goods other than that necessary to establish their nature, characteristics, and operation.
Return shipping costs are the responsibility of the User.
Guarantees
Legal guarantee of conformity of the Product according to European Union regulations
Under European law, the seller guarantees the conformity of the goods sold for a minimum period of 2 years after delivery. Therefore, the seller is required to ensure that the goods purchased have the quality, functionality or characteristics promised or reasonably foreseeable for at least two years from the time of delivery to the buyer.
Where Users act as European Consumers, the legal warranty of conformity of goods applies to items available on this Web Site in accordance with the laws of the country in which they ordinarily reside.
The national laws of that country may grant such Users broader rights.
Consumers not acting as European Consumers may have conformity warranty rights under the laws of the country in which they ordinarily reside.
Limitation of liability and indemnity
Australian users
Limitation of liability
Nothing in these Terms excludes, limits or modifies any warranty, condition, indemnity, right or protection that You may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territorial legislation and that constitutes a right that cannot in any way be excluded, limited or modified (non-excludable right). To the fullest extent permitted by law, our liability to You, including liability for the infringement of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, is limited, at the Holder’s option, to a re-supply of the Services or payment of the cost of re-supplying them.
US users
Exclusion of warranty
The Owner provides this Web Site “as is” and as available. Use of the Service is at the User’s own risk. To the fullest extent permitted by law, the Owner expressly disclaims conditions, covenants and warranties of any kind – whether express, implied, statutory or otherwise, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service shall create any warranty not expressly set forth herein
Notwithstanding the foregoing, the Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers, and employees do not warrant that the content will be accurate, reliable, or correct; that the Service will be available, uninterrupted and secure, at any particular time or place; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through your use of the Service is downloaded at your own risk, and you are solely responsible for any damage to your computer system or mobile device or loss of data resulting from such operation or your use of the Service.
The Owner does not guarantee, endorse, assure, or assume responsibility for any product or service advertised or offered by third parties through the Service nor any hyperlinked website or service. In addition, the Owner does not take part in or in any way monitor any transactions between Users and third-party providers of products or services.
The Service may become inaccessible or not function properly with the User’s browser, device and/or operating system. The Owner cannot be held liable for any damages, whether perceived or actual, resulting from the content, operation, or use of the Service.
Federal laws, some states and other jurisdictions do not allow the exclusion or limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users special legal rights. Users may have additional rights that vary from state to state. The limitations and exclusions in this Agreement apply to the extent provided by law.
Limitation of liability
To the maximum extent permitted by applicable law, in no event shall the Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers and employees be held liable for
- any indirect, intentional, collateral, special, consequential, or exemplary damages, including, but not limited to, damages resulting from loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use, or inability to use, the Service; and
- any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access to or use of the Service or User account or information contained therein;
- Any error, lack or inaccuracy in the content;
- personal injury or property damage, of any kind, resulting from your access to or use of the Service;
- Any unauthorized access to the Owner’s security servers and/or any personal information stored therein
- Any interruption or cessation of transmissions to or from the Service;
- Any bugs, viruses, Trojans, or the like that may be transmitted to or through the Service;
- any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
- The defamatory, offensive or illegal conduct of any User or third party. In no event shall Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers, and employees be liable for any claim, proceeding, liability, obligation, damage, loss, or cost in an amount greater than the amount paid by User to Owner during the preceding 12 months, or for the term of this Agreement between Owner and User, whichever is shorter.
This section on limitation of liability applies to the fullest extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability arises from contract, tort, negligence, strict liability or any other basis, even if the Owner was advised of the possibility of the occurrence of such damage. Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, so the above limitations or exclusions may not apply to You. These Terms give You specific legal rights and You may have other rights that vary from jurisdiction to jurisdiction. The disclaimers, exclusions or limitations of liability in these Terms do not apply beyond the limits provided by applicable law.
Manleva
User agrees to defend, indemnify, and hold harmless Holder and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers, and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, burdens or debts, and expenses, including, without limitation, legal fees and expenses arising from
- User’s use of or access to the Service, including any data or content transmitted or received by User;
- User’s breach of these Terms, including but not limited to any breach by User of any representation or warranty set forth in these Terms;
- Infringement by the User of any rights of third parties, including, but not limited to, any rights relating to privacy or intellectual property;
- Violation by the User of any applicable law, rule or regulation
- any content posted from the User’s account, including but not limited to misleading, false or inaccurate information and also including when accessed by a third party with the User’s personal username and password or other security measures, if any;
- The willful conduct of the User; or
- The violation of any legal provision by the User or its affiliates, officers, agents, brand co-owners, partners, suppliers and employees, to the extent permitted by applicable law
Common provisions
No implicit waiver
The Holder’s failure to exercise any statutory rights or claims arising under these Terms shall not constitute a waiver thereof. No waiver shall be deemed final with respect to any specific right or any other claim.
Interruption of Service
To ensure the best possible level of service, the Owner reserves the right to discontinue the Service for maintenance purposes, system upgrades or any other changes, giving appropriate notice to Users.
To the extent permitted by law, the Owner reserves the right to suspend or completely cease operation of the Service. In the event of discontinuation of the operation of the Service, the Owner will endeavor to ensure that Users are able to extract their Personal Data and information and will respect the rights of Users relating to continued use of the product and/or compensation as provided by law.
In addition, the Service may not be available due to causes beyond the Owner’s reasonable control, such as force majeure (e.g., infrastructural malfunctions, power outages, etc.).
Resale of the Service
Users are not permitted to reproduce, duplicate, copy, sell, resell or exploit this Web Site or the Service in whole or in part without the prior written consent of the Owner, either expressed directly or through a legitimate resale program.
Privacy policy
Information on the processing of Personal Data is contained in the privacy policy of this Web Site.
Intellectual Property
Without prejudice to any more specific provisions contained in the Terms, intellectual and industrial property rights, such as copyrights, trademarks, patents and designs relating to this Web Site are held exclusively by the Owner or its licensors and are protected under applicable international intellectual property laws and treaties.
All trademarks – denominative or figurative – and any other distinctive signs, firms, service marks, illustrations, images or logos that appear in connection with this Web Site are and remain the exclusive property of the Owner or its licensors and are protected under applicable intellectual property laws and international treaties.
Changes in Terms
The Owner reserves the right to change the Terms at any time. In such case, the Holder will give appropriate notice of the changes to Users.
Changes will take effect in the relationship with the User only from the time communicated to the User.
Continued use of the Service implies User’s acceptance of the updated Terms. If the User does not wish to accept the changes, the User must cease using the Service and may terminate the Agreement.
The previous version continues to govern the relationship until the User accepts the changes. Such version can be requested from the Owner.
If required by law, the Owner will notify Users in advance of the effective date of the amended Terms.
Assignment of contract
Holder reserves the right to transfer, assign, dispose of, novate, or contract out individual or all rights and obligations under these Terms, having regard to the legitimate interests of Users.
The provisions regarding modification of these Terms apply.
You are not authorized to assign or transfer your rights and obligations under the Terms without the written consent of the Owner.
Contact
All communications pertaining to the use of this Web Site should be sent to the contact information listed in this document.
Safeguard clause
Should any of the provisions of these Terms be or become void or ineffective under applicable law, the nullity or ineffectiveness of such provision shall not cause the remaining provisions to be ineffective, and they shall therefore remain valid and effective.
US users
Any invalid or ineffective provision shall be interpreted and adapted to the extent necessary to make it valid, effective and in accordance with its original purpose.
These Terms constitute the entire agreement between User and Owner with respect to the subject matter regulated and shall prevail over all other communications, including any prior agreements, between the parties with respect to the subject matter regulated.
These Terms shall be enforced to the fullest extent permitted by law.
European users
Should any provision of these Terms be or become void, invalid, or ineffective, the parties shall endeavor to identify amicably a valid and effective provision to replace the void, invalid, or ineffective provision.
In the event of failure to agree within the aforementioned time limits, if permitted or provided for by applicable law, the void, invalid, or ineffective provision shall be superseded by the applicable statutory provision.
Notwithstanding the above, the nullity, invalidity, or ineffectiveness of a specific provision of these Terms does not result in the nullity of the entire Agreement, unless the null, invalid, or ineffective provisions under the Agreement are essential or of such importance that the parties would not have entered into the agreement had they known that the provision would be invalid, or in cases where the remaining provisions would impose an undue and unacceptable burden on one of the parties.
Applicable law
The Terms are governed by the law of the place where the Owner is established, as set forth in the relevant section of this document regardless of conflict rules.
Prevalence of national law
However, regardless of the foregoing, if the law of the country where the User is located provides for a higher level of consumer protection, that higher level of protection shall prevail.
Jurisdiction
Exclusive jurisdiction to hear any dispute arising out of or in connection with the Terms shall lie with the courts of the place where the Holder is established, as set forth in the relevant section of this document.
Exception for Consumers in Europe
The foregoing does not apply to Users acting as European Consumers or Consumers located in the United Kingdom, Switzerland, Norway or Iceland.
UK consumers
Consumers based in England and Wales may bring an action in relation to these Terms in the English and Welsh courts. Consumers based in Scotland may bring an action in relation to these Terms in the Scottish or English courts. Consumers based in Northern Ireland may bring an action in relation to these Terms in the courts of Northern Ireland or England.
US users
Each party expressly waives any right to a jury trial in any court in connection with any action or dispute.
Any claim under these Terms must be brought individually and no party shall participate in any class action or other proceeding with or on behalf of any other party.
US users
Postcontractual effectiveness
This Agreement remains in effect until terminated by this Web Site or the User. Following termination, the provisions contained in these Terms, which by their nature are intended to survive termination or expiration of the Agreement, shall remain in effect, including but not limited to the following:
- User’s licensing under these Terms resists indefinitely;
- User’s indemnification obligation endures for a period of five years from the date of termination;
- the disclaimers and warranties of and covenants in the section on indemnity and limitations of liability shall survive indefinitely.
Dispute Resolution
Amicable settlement of disputes
Users may report any disputes to the Owner, who will attempt to resolve them amicably.
Although this is without prejudice to Users’ right to bring an action in court, in the event of a dispute concerning the use of this Web Site or the Service, Users are requested to contact the Owner at the contact details set out in this document.
The User may address a complaint to the Holder’s e-mail address listed in this document, including a brief description and, if applicable, details of the affected order, purchase, or account.
The Holder will process the request without undue delay and within 3 days of its receipt.
Consumer Dispute Resolution Platform
The European Commission has introduced an online platform for alternative dispute resolution to facilitate out-of-court settlement of disputes relating to and arising from online sales and service contracts.
Therefore, any European Consumer or one based in Norway, Iceland or Liechtenstein can use this platform to resolve disputes arising from contracts concluded online. The platform is available here.
