TERMS AND CONDITIONS OF SALE
0. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE
By placing an order through the website www.terracandita.it (“Website”), the Customer declares that they have read, understood and accepted these General Terms and Conditions of Sale, the Privacy Policy, the Cookie Policy and all pre-contractual information available on the Website.
The Customer is invited to print or save a copy of these Terms and Conditions.
1. DEFINITION AND PURPOSE OF THE CONTRACT
1.1 – These terms and conditions (“Contract”) govern a distance contract, pursuant to Articles 45 et seq. of Italian Legislative Decree no. 206/2005 (“Consumer Code”), for the sale of goods between Terra Candita Srl (“Terra Candita”) and the end consumer (“Customer”).
1.2 – These Terms and Conditions shall remain in force until amended. The Terms and Conditions applicable are those published on the Website on the date the Customer submits the order.
2. SALE PRICES
Prices are expressed in Euros and include VAT. Any additional costs, including shipping costs or other charges, are clearly indicated during the checkout process before the order is completed.
3. PURCHASING PROCESS AND PAYMENT METHODS
The Customer is responsible for the accuracy and truthfulness of the data provided when placing an order and/or registering an account.
Orders are generally processed within 24 working hours from confirmation of payment.
The following payment methods are accepted: VISA/MasterCard cards, PayPal, bank transfer and any other methods indicated during checkout.
In the case of payment by bank transfer, the order will be processed only after the relevant funds have been effectively credited to Terra Candita’s bank account.
4. CUSTOMER ACCOUNT
The Customer may purchase as a guest or register an account on the Website.
The registered Customer is responsible for keeping their login credentials confidential and for any use made of them. Terra Candita shall not be liable for any unauthorised use of the account by third parties.
5. ORDER PROCESS
Submission of the order by the Customer through the Website constitutes a purchase offer made to Terra Candita.
Receipt of the order is confirmed by a summary e-mail. The Contract is deemed concluded when the Customer receives the order confirmation e-mail from Terra Candita.
Terra Candita reserves the right not to accept the order in the event of incomplete or incorrect data, failed payment, unavailability of the products or other legitimate reasons. In such cases, the Customer will be informed and any payment already made will be refunded.
6. DELIVERY OF PRODUCTS
Indicative delivery times:
• Italy: 4 working days from confirmation of the order and payment.
• Abroad (EU): 1 working week (7 working days).
Shipping costs:
• Italy: as indicated during checkout.
• Abroad (EU): €15 per shipment.
Deliveries are made by courier to the address indicated by the Customer. Upon delivery, the Customer is invited to check the integrity of the packaging and that the products received match those indicated on the transport document and/or in the order confirmation.
Any anomalies (damaged packaging, missing or incorrect products) must be promptly reported to the courier and notified to Terra Candita by e-mail at info@terracandita.it.
7. PRODUCT AVAILABILITY
Orders are accepted within the limits of available stock. In the event of total or partial unavailability of the products ordered, Terra Candita will promptly inform the Customer by e-mail.
In such circumstances, the Customer may choose to:
- accept a new delivery time;
- replace the product with another of equal value;
- obtain a refund of any amounts already paid for the unavailable products.
8. LEGAL WARRANTY
All products are covered by the legal warranty of conformity provided for by Articles 128–135 of the Italian Consumer Code.
The legal warranty covers conformity defects that become apparent within 2 years from delivery of the goods. The Customer must report the lack of conformity to Terra Candita within 2 months from discovery, by contacting info@terracandita.it and describing the issue.
Where the conditions are met, the Customer is entitled to have the product brought into conformity, free of charge, by replacement or, where this is not possible, to a price reduction or termination of the Contract, in accordance with the Consumer Code.
9. CUSTOMER OBLIGATIONS
The Customer declares that they are of legal age, that they act as a consumer and that they provide true, correct and up-to-date information.
The Customer may not use the Website in any way that could damage or impair its proper functioning or harm the image and reputation of Terra Candita.
10. RIGHT OF WITHDRAWAL
10.1 – Exclusions for food and perishable products
Pursuant to Article 59 of the Italian Consumer Code, the right of withdrawal is excluded, among other things, for:
- goods which are liable to deteriorate or expire rapidly (including food products and fresh or perishable baked goods);
- goods made to the consumer’s specifications or clearly personalised;
- sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been opened after delivery;
- goods which, after delivery, are inseparably mixed with other items by their nature.
Since most of the products sold by Terra Candita consist of food and/or perishable goods, as a rule the Customer will not be able to exercise the right of withdrawal once delivery has taken place, unless otherwise expressly indicated on the Website for specific products.
10.2 – Withdrawal for non-food / non-perishable products
For any non-food and non-perishable products identified as such on the Website, the Customer has the right to withdraw from the Contract, without giving any reason, within 14 days from the day on which the Customer or a third party designated by the Customer (other than the carrier) acquires physical possession of the products.
10.3 – Exercise of the right of withdrawal
To exercise the right of withdrawal, the Customer must send an explicit declaration (for example a letter sent by post, fax or e-mail) to the following addresses:
- e-mail: info@terracandita.it
- certified e-mail (PEC): terracandita@legalmail.it
- registered letter with return receipt: Terra Candita Srl, Via dell’Artigiano 40, 32026 Borgo Valbelluna (BL), Italy.
10.4 – Return of products
The Customer must return the products subject to withdrawal within 7 days from sending the withdrawal notice, intact, unused, complete with all their parts and with the original packaging, suitable for subsequent resale. The direct costs of returning the products are borne by the Customer.
10.5 – Refund
Once the returned products have been received, or once proof of shipment has been provided, Terra Candita will refund the Customer all payments received for the products subject to withdrawal, within 7 working days. The refund will be made using the same means of payment used by the Customer for the initial transaction, unless otherwise expressly agreed.
10.6 – Reduction in value
Terra Candita may withhold from the refund an amount corresponding to any decrease in the value of the goods, where such decrease results from handling of the products other than that necessary to establish their nature, characteristics and functioning.
11. LIMITATION OF LIABILITY
Terra Candita shall not be liable for delays or failure to perform due to force majeure or, in any event, to events beyond its reasonable control.
Terra Candita shall not be liable for any damage arising from improper or non-compliant use of the products by the Customer, nor for indirect or consequential damages or loss of profit.
In any event, Terra Candita’s maximum liability in relation to each Contract is limited to the total value of the order placed by the Customer.
12. FORCE MAJEURE
Terra Candita shall not be liable for any failure to perform or delay in performing its contractual obligations where such failure or delay is due to events of force majeure, including, by way of example only: natural events, disasters, strikes, transport disruptions, blackouts, pandemics, wars, acts of public authorities or unforeseeable regulatory restrictions.
In such cases, Terra Candita’s obligations shall be deemed suspended for the period during which the force majeure event continues.
13. PRIVACY AND COOKIES
The Customer’s personal data is processed in accordance with Regulation (EU) 2016/679 (“GDPR”) and the applicable data protection legislation.
Full information on the processing of personal data and the use of cookies is set out in the Privacy Policy and the Cookie Policy published on the Website and always accessible from the footer of each page.
14. AMENDMENTS TO THE TERMS AND CONDITIONS
Terra Candita reserves the right to update or amend these Terms and Conditions at any time.
Any amendments will be effective from the date of their publication on the Website and will apply exclusively to orders submitted after such publication.
15. APPLICABLE LAW AND JURISDICTION
These Terms and Conditions are governed by Italian law.
Any dispute relating to the interpretation, performance or termination of the Contract shall be subject to the exclusive jurisdiction of the Court of Belluno (BL), without prejudice to the mandatory jurisdiction of the court of the consumer’s place of residence or domicile, where applicable under the Consumer Code.
16. ENTIRE AGREEMENT
These Terms and Conditions, together with the order confirmation and the pre-contractual information available on the Website, constitute the entire agreement between the parties and supersede any prior written or oral agreement having the same subject matter.
17. COMPANY DETAILS
Terra Candita Srl
Via dell’Artigiano 40, 32026 Borgo Valbelluna (BL), Italy
Tax Code and VAT no.: 01301220255
Company registration no.: REA BL – 452215
E-mail: info@terracandita.it
Certified e-mail (PEC): terracandita@legalmail.it
