Our General Terms and Conditions

General Terms and Conditions with Customer Information

1. Scope
2. Offers and service descriptions
3. Ordering process and conclusion of contract
4. Prices and shipping costs
5. Delivery, availability of goods
6. Payment arrangements
7. Retention of title
8. Warranty and warranty for defects in the material
9. Liability
10. Storage of the text of the contract
11. Visits to the farms
12. Final provisions
Introduction:
Organic Farming Italy is an association of organic farmers who grow, harvest and sell agricultural products using sustainable methods. (This is a non-binding translation of the Italian General Terms and Conditions. It may contain translation errors. The Italian version of this legal text is therefore binding only.)
These terms (together with the documents herein) set out the terms governing the use of the website (www.organicfarming-italy.com) and the purchase of products through the Website (hereinafter referred to as the “Terms”). You should carefully read these Terms, our Cookies Policy and our Privacy Policy (collectively, “Privacy Policy”) before using the Site or before purchasing a product. By using this website, you agree to these terms and our privacy policy. If you do not agree to the terms and privacy policy, you will not be able to use this website. The products of the Organic Farming concept are regulated by special provisions. If you have any questions about the terms and conditions or the privacy policy, please feel free to contact us via our official communication channels. The Organic Farming Italy team has translated this contract into other languages, the only legally valid version being the Italian version.

1. Scope
1.1. For the business relationship between Organic Farming Italy, Ubaldo Spangnolo, Strada privata Daffieno, 18100 Imperia, Italia E-mail: info@organicfarming-italy.com, Tel. +39 334 777 5019 (hereinafter “Seller”) and the Customer (hereinafter “Customer”) apply exclusively the following General Terms and Conditions in their version valid at the time of ordering.
1.2. You can contact our customer service for questions, complaints and complaints on weekdays from 9:00 a.m. to 6:00 p.m. on the phone number Tel. +39 334 777 5019 or by e-mail at info@organicfarming-italy.com.
1.3. For the purposes of these GtC, a consumer is any natural person who concludes a legal transaction for a purpose which cannot be attributed primarily to his commercial or independent professional activity (Section 13 of the German Civil Code).
1.4. Deviating terms and conditions of the customer are not accepted, unless the seller expressly agrees to their validity.

2. Offers and service descriptions
The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogues and on the Seller’s websites do not have the character of an assurance or warranty.
All offers are valid “as long as the stock lasts” if nothing else is mentioned in the products. For the rest, errors are reserved.
The sale of goods via this website is carried out by the respective manufacturer of the goods. Organic Farming Italy, an Italian company headquartered in Via privata Daffieno in Imperia, Italy. Telefono: +39 347 5976928, https://www.organicfarming-italy.com acts as distributor of the manufacturers on behalf of and on behalf of the manufacturers. The contractual partner for each order is not Organic Farming Italy, but the respective manufacturer/supplier of the goods.

3. Ordering process and conclusion of contract
3.1. The customer can select products from the seller’s assortment without obligation and collect them via the button [in den Warenkorb] in a so-called shopping cart. Within the shopping cart, the product selection can be changed, e.g. deleted. The customer can then use the button to complete the ordering process within the shopping [Weiter zur Kasse] cart.
3.2. Via the [zahlungspflichtig bestellen] button, the customer submits a binding request for the purchase of the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time, return to the shopping cart using the browser function “back” or cancel the order process altogether. Necessary information is marked with an asterisk (*).
3.3. The seller then sends the customer an automatic acknowledgement of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out via the “Print” function (order confirmation). The automatic acknowledgement of receipt merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the request. The purchase contract is only concluded when the seller has dispatched the ordered product to the customer within 2 days, handed it over or confirmed the shipment to the customer within 2 days with a second e-mail, explicit order confirmation or sending of the invoice.
3.4. Should the seller allow a prepayment, the contract with the provision of the bank details and payment request is concluded. If the payment has not been received by the seller until 10 calendar days after the order confirmation has been sent, the seller withdraws from the contract with the result that the order is void and the seller is not obliged to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the item for prepayment is therefore made for a longer than 10 calendar days.

4. Prices and shipping costs
4.1. All prices stated on the Seller’s website are inclusive of the applicable statutory value added tax.
4.2. In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs will be clearly communicated to the buyer on a separate information page and in the context of the ordering process.

5. Delivery, availability of goods
5.1. As far as advance payment has been agreed, the delivery will take place after receipt of the invoice amount.
Except in special circumstances that derive from the personalization of products or in the event of unforeseen or exceptional circumstances, we will send you the order with the product/products that appear in each order confirmation on the delivery date displayed on the website. The approximate delivery date of the products is selected by you in the calendar, which is displayed on the website for this purpose in order to make the purchase. In accordance with these provisions, the “delivery” shall be deemed to have been completed or the order shall be deemed to have been “delivered” as soon as you or a third party determined by you comes into possession of the products, which can be proved by signing the order receipt to the agreed delivery address.
Delivery times vary depending on the country and town/city you have specified in the delivery address. For orientation, we have listed delivery times for the following countries:
+ 4-6 Delivery days for Italy and Germany
+ 8-10 Delivery days for Austria, Belgium, France, the Netherlands, Luxembourg, Monaco and Switzerland
+ 9-11 Delivery days for Denmark, Estonia, Finland, Hungary, Ireland, Latvia, Lithuania, Norway, Poland, Sweden and the United Kingdom
The delivery times mentioned above may vary for reasons beyond our control (rain, dew, wind or other climatic conditions that prevent the harvesting of the products in good condition, transport problems, etc.), which may mean a delay, which in no case constitutes a reason for a contractual penalty or requires any contractual or non-contractual liability.
In addition, we reserve the right to cancel orders by you if there are reasons and circumstances that objectively prevent the preparation or dispatch of them within the reasonable period of time. We will inform you by e-mail about this inability. In this case, you have the right to have your order processed and shipped retrospectively and at no additional cost.
We work with the logistics company that best suits the shipping of your order. The cooperating logistics companies are integrated into our system and adapt to our times for picking up fruit, vegetables and ordering. For this reason, we cannot accept any other companies with which you are contractually affiliated, including the same carriers mentioned. In addition, we reserve the right to change logistics companies at any time and without notice.
At the time of delivery, you or the person receiving the order at the delivery address specified in the order should not sign the proof of delivery (POD) without checking in advance whether the boxes, pallets or packaging are sealed and that a box of the order is missing. In the event that boxes, pallets are missing or one has been opened, you must inform the carrier in detail and keep a copy of the proof in which the facts are noted. You must immediately notify us of this incident by e-mail to info@organicfarmin-italy.com and attach a photo of proof of non-conformity and proof of the order. The goods may not be opened or consumed as long as you are waiting for a written notification from Organic Farming Italy, which indicates the further process.
If you receive the goods without any proof of non-conformity in the proof of delivery, we cannot accept your complaint.
If you receive an order without obvious defects, but the products thereof are unsuitable for consumption for any reason, e.g. because they have hidden defects, please let us know the incident as soon as possible and always within 14 days of receiving the order via the email address info@organicfarming-italy.com. We also ask you to attach photos of the product to the email with an explanation for the reason for the complaint.
5.2. Should the delivery of the goods fail due to the fault of the buyer despite three attempts to deliver, the seller may withdraw from the contract. Any payments made will be refunded to the customer immediately.
5.3. All orders are subject to availability of agricultural products. If there are difficulties with the harvest, product delivery or if the harvest was completed before the processing of your order, so that the total yield of the harvest does not correspond to the expected quantities, we divide the total quantity of the harvest among the purchasers pro rata. Organic Farming Italy sells products that vary by year and season and whose current offer can be viewed through the Organic Farming Italy website. We reserve the right to change the offer at any time and without notice. If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller may withdraw from the contract. In this case, the Seller will inform the Customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or the customer does not request delivery of a comparable product, the seller will immediately refund the customer for any consideration already provided.
5.4. Customers will be informed of delivery times and delivery restrictions (e.g. restrictions on deliveries to certain countries) on a separate information page or within the respective product description.
5.5. Reduced yield of the harvest. If the harvest of the respective farm turns out to be worse than calculated, the delivery will be reduced accordingly. In the case of adoptions of agricultural crops, there is no objection to the delivery of the calculated harvest.

6. Payment arrangements
6.1. The customer can choose from the available payment methods during and before the completion of the ordering process. Customers will be informed of the available means of payment on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third parties are assigned to process payments, e.g. Paypal. their general terms and conditions apply.
6.4. If the due date of the payment is determined according to the calendar, the customer is already in default by missing the date. In this case, the customer must pay the statutory interest on late payment.
6.5. The customer’s obligation to pay interest on late payment does not preclude the Seller from claiming further damages for delay.
6.6. The customer is only entitled to set-off if his counterclaims have been legally established or recognised by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.

7. Retention of title
Until full payment has been made, the delivered goods remain the property of the seller.

8. Warranty and warranty for defects in the material
8.1. The warranty is determined in accordance with legal regulations.
8.2. A guarantee exists for the goods delivered by the seller only if this has been expressly delivered. Customers will be informed of the warranty conditions prior to the initiation of the ordering process.

9. Liability
9.1. The following exclusions and limitations of liability shall apply to the Seller’s liability for damages, without prejudice to the other statutory conditions of claim.
9.2. The Seller shall be liable without limitation if the cause of the damage is based on intent or gross negligence.
9.3. Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical of the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.
9.4. The above limitations of liability do not apply in the event of injury to life, body and health, for a defect after taking over a guarantee for the quality of the product and in the case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. Insofar as the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

10. Storage of the text of the contract
10.1. The customer can print out the contract text before placing the order to the seller by using the printing function of his browser in the last step of the order.
10.2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by the customer. With the order confirmation, but at the latest at the time of delivery of the goods, the customer also receives a copy of the GTC along with revocation instructions and the instructions on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view your placed orders in your profile area. In addition, we store the contract text, but do not make it accessible on the Internet.

11. Visits to the farms
11.1. Our plantation is not a public place. If you are the godfather of an Organic Farming tree, you can come by to visit it. Visits are only possible by prior appointment. Appointments can be determined via our contact form with the exact number of visitors. Persons who appear on the farm without the said date or without confirmation of this date by our team will be denied entry for safety reasons. The visit will take place under the supervision and supervision of an employee of Organic Farming Italy. For reasons of persity, it is not allowed to visit the plantation on foot.
Organic Farming Italy reserves the right not to allow customers or third parties to enter the plantation , by canceling an agreed date , if the staff of Organic Farming Italy

12. Final provisions
12.1. The place of jurisdiction and place of performance is the registered office of the seller if the customer is a merchant, a legal entity under public law or a special fund under public law.
12.2. Contract language is Italian.
12.3. European Commission Platform on Online Dispute Resolution (Os) for Consumers: http://ec.europa.eu/consumers/odr/. We are not prepared or obliged to participate in a dispute resolution procedure before a consumer arbitration board.

As of: 10/01/2020