TERMS AND CONDITIONS OF SALE

GENERAL INFORMATION
CONCLUSION OF THE CONTRACT AND ACCEPTANCE OF THE TERMS AND CONDITIONS OF SALE
PERSONAL DATA PROCESSING
CUSTOMER’S OBLIGATIONS
ORDER DEFINITION
PURCHASE METHODS
PAYMENT
PRODUCT DELIVERY
CONFORMITY WARRANTY AND DEFECTIVE PRODUCTS
RIGHT OF WITHDRAWAL
METHODS FOR EXERCISING THE RIGHT OF WITHDRAWAL
EXPRESS TERMINATION CLAUSE
COMPLAINTS
APPLICABLE LAW AND JURISDICTION
REFERENCES

GENERAL INFORMATION
These General Terms and Conditions of Sale govern the purchase of products from Azienda Agricola G.E.M.M.A. Srl made remotely via the telematic network on the website https://www.agricolagemma.com owned by Emilio Tomassi, based in CERVARO (FR), Via Noceromana 10, 03044. Each purchase transaction will be governed by the provisions of Legislative Decree 185/99, Legislative Decree 206/05; the information aimed at concluding the contract will be subject to Article 12 of Legislative Decree 70/03, and as regards privacy protection, it will be subject to the provisions of Legislative Decree 196/03.

CONCLUSION OF THE CONTRACT AND ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE
The sales contracts of the products on the website https://www.agricolagemma.com are considered concluded when the purchase order placed by the customer is received by Azienda Agricola G.E.M.M.A. Srl and the latter accepts it. Azienda Agricola G.E.M.M.A. Srl will promptly send the customer a receipt of the purchase order placed. By submitting the purchase order electronically, the customer declares that they have read and accepted these general contract terms and agree to comply with them in their dealings with Azienda Agricola G.E.M.M.A. Srl.

PERSONAL DATA PROCESSING
Azienda Agricola G.E.M.M.A. Srl, in compliance with Article 13 of Legislative Decree 196/2003, informs that personal data collected, even verbally, in connection with established commercial relationships, provided directly by the concerned parties or otherwise acquired in the context of the company’s activities, will be processed in accordance with the aforementioned legislation, including confidentiality obligations. In relation to the above, the rights referred to in Article 7 of Legislative Decree 196/2003 may be exercised.

CUSTOMER’S OBLIGATIONS
The customer is required, before submitting their purchase order, to carefully read these general terms and conditions of sale. Submitting the purchase order implies full knowledge and acceptance of them. The customer is also obliged to print and keep these general terms of sale after completing the online purchase procedure, which were already viewed and accepted during the contract conclusion process.

ORDER DEFINITION
By submitting the online order, the customer sends Azienda Agricola G.E.M.M.A. Srl a proposal to purchase the product(s) placed in the cart. When the customer places an order online for the products they have added to the cart, they agree to purchase them at the price and terms indicated in these General Terms and Conditions of Sale. Azienda Agricola G.E.M.M.A. Srl will notify the customer of its acceptance and confirmation of the order.

PURCHASE METHODS
The customer purchases the product, whose characteristics are described online in the respective descriptive and technical data sheets, at the price indicated, to which delivery costs are added as specified on the website. Before submitting the purchase order, the unit cost of each selected product, the total cost in case of purchasing multiple products, and the related delivery costs will be summarized. Once the purchase order has been submitted, the customer will receive an email from Azienda Agricola G.E.M.M.A. Srl confirming receipt of the purchase order and containing information on the main characteristics of the purchased goods, the detailed price, delivery costs, applicable taxes, payment methods, a reference to the general contract terms, and information regarding the existence of the right of withdrawal, conditions, and procedures for exercising it displayed on the website. Following the approval of Law Decree 4 July 2006 No. 223 “bis maneuver” Article 37 paragraphs 8 and 9, converted by Law 248 of 4 August 2006, effective from 12 August 2006, requiring the communication of the client and supplier list in case of invoice issuance, and Law Decree 78 of 31 May 2010 converted by Law 122 of 30 July 2010, it is necessary to request clients to provide their VAT number and TAX CODE in the appropriate fields on the website.

PAYMENT
The customer can make the payment by choosing one of the following listed methods.
Payment by credit card: If the consumer wishes to make the payment via credit card, they can use the Stripe and/or PayPal payment methods, ensuring the confidentiality of the information provided by customers. For more information and further legal agreements, customers are referred to the respective websites www.paypal.com and stripe.com.

PRODUCT DELIVERY
The purchased product, along with the related invoice, is delivered by courier to the address specified by the customer when placing the online order. Any specific requirements must be brought to the attention of Azienda Agricola G.E.M.M.A. Srl. In the case of non-delivery due to the recipient’s absence at the indicated address, the courier will leave a notice and will attempt a second delivery. If the recipient is still absent, the goods will be returned to the sender (Azienda Agricola G.E.M.M.A. Srl).

CONFORMITY WARRANTY AND DEFECTIVE PRODUCTS
Azienda Agricola G.E.M.M.A. Srl is liable for any lack of conformity that arises within two years from the delivery of the goods. For the purposes of this contract, consumer goods are assumed to comply with the contract if the following circumstances, where relevant, coexist:
a) they are suitable for the use for which goods of the same type are normally intended;
b) they conform to the description made by the seller and possess the qualities of the goods that the seller presented to the consumer as a sample or model;
c) they present the usual quality and performance of goods of the same type, which the consumer can reasonably expect, taking into account the nature of the goods and, where applicable, any public statements made by the seller, producer, or their representative, particularly in advertising or labeling;
d) they are also suitable for the particular use desired by the consumer and brought to the attention of the seller at the time of the contract conclusion, and which the seller has accepted, even implicitly.
The consumer loses all rights if they do not report the lack of conformity to the seller within two months of discovering the defect. This report is not necessary if the seller has acknowledged the defect’s existence or concealed it. In any case, unless proven otherwise, it is assumed that any lack of conformity that arises within six months from the delivery of the goods already existed at that date unless this assumption is incompatible with the nature of the goods or the nature of the lack of conformity. In case of lack of conformity, the consumer can request, free of charge, under the following conditions, the repair or replacement of the purchased goods, a price reduction, or termination of this contract unless the request is objectively impossible to satisfy or is excessively burdensome for Azienda Agricola G.E.M.M.A. Srl according to Article 130, paragraph 4, of the Consumer Code. The request must be sent in writing by registered mail with return receipt or by certified email to Azienda Agricola G.E.M.M.A. Srl, which will indicate its willingness to fulfill the request or provide the reasons that prevent it from doing so within seven working days of receiving it. In the same communication, where Azienda Agricola G.E.M.M.A. Srl has accepted the consumer’s request, it must indicate the shipping or return methods of the product and the estimated time for returning or replacing the defective product. If repair and replacement are impossible or excessively costly, or Azienda Agricola G.E.M.M.A. Srl has not carried out the repair or replacement within the specified time or, finally, if the replacement or repair previously performed has caused significant inconvenience to the consumer, they may request, at their choice, a reasonable reduction in the price or the contract termination. The consumer must send their request to Azienda Agricola G.E.M.M.A. Srl, which will indicate its willingness to comply or provide the reasons that prevent it from doing so within seven working days of receiving it. In the same communication, where Azienda Agricola G.E.M.M.A. Srl has accepted the consumer’s request, it must indicate the proposed price reduction or the methods for returning the defective product. In these cases, it is the consumer’s responsibility to indicate the methods for crediting the amounts previously paid to Azienda Agricola G.E.M.M.A. Srl.

RIGHT OF WITHDRAWAL
The buyer has the right to withdraw from the concluded contract without penalty and without specifying the reason within 14 (fourteen) working days from the receipt of the purchased goods. If the professional has not fulfilled the obligations to inform the consumer of the existence, procedures, and timing of the return or withdrawal of the goods in case of exercising the right of withdrawal, according to Article 52 of the Consumer Code, the term for exercising the right of withdrawal is 90 (ninety) days from the receipt of the goods by the consumer. If the buyer decides to exercise the right of withdrawal, they must notify the seller by registered mail with return receipt to the address: Azienda Agricola G.E.M.M.A. Srl, Via Noceromana, 10 03044 Cervaro (FR), or by email at amministrazione@agricolagemma.com, provided such communications are confirmed by sending registered mail with return receipt to the address Azienda Agricola G.E.M.M.A. Srl, Via Noceromana, 10 03044 Cervaro (FR) within 48 (forty-eight) hours, or by certified email to agricolagemmasrl@legalmail.it. To exercise the right of withdrawal, the return of the purchased goods can replace the communication, provided it occurs within the same terms. The delivery date to the post office or courier will be used as proof between the parties. The return of the goods must occur no later than 30 (thirty) days from the date of receipt of the goods. In any case, to be entitled to a full refund of the paid price, the goods must be returned intact and in a normal state of preservation. The buyer cannot exercise this right of withdrawal for the purchase of audiovisual products or sealed software that have been opened, customized goods, or those that, due to their nature, cannot be returned or are at risk of deteriorating or altering quickly, for the supply of newspapers, periodicals, and magazines, or goods whose price is linked to financial market fluctuations that the professional cannot control and in all other cases provided for by Article 55 of the Consumer Code. The only expenses due from the consumer for exercising the right of withdrawal under this article are the direct costs of returning the goods to the supplier. The supplier will reimburse the buyer for the full amount paid within 30 (thirty) days from receiving the withdrawal communication. Upon receiving the communication from the buyer indicating the exercise of the right of withdrawal, the parties to this contract are released from their reciprocal obligations, except as provided for in the previous points of this article.

METHODS FOR EXERCISING THE RIGHT OF WITHDRAWAL
The right of withdrawal is exercised by sending, within the specified period, a written communication to the address of Azienda Agricola G.E.M.M.A. Srl by registered letter with return receipt to the following address: Azienda Agricola G.E.M.M.A. Srl, Via Noceromana, 10 03044 Cervaro (FR), or by certified email to agricolagemmasrl@legalmail.it. Alternatively, it is possible to use the form on the returns page. If the goods have been delivered, the customer must return them to Azienda Agricola G.E.M.M.A. Srl within 15 (fifteen) working days from the delivery date. The goods must be returned to Azienda Agricola G.E.M.M.A. Srl complete with all parts and any accessories or instruction manuals and everything originally delivered to the customer, as well as packed in their original packaging. A copy of the electronic receipt of the order must be attached to the returned product. The customer is responsible for the costs of returning the goods to Azienda Agricola G.E.M.M.A. Srl. If the right of withdrawal is exercised by the customer in accordance with the provisions of this clause, Azienda Agricola G.E.M.M.A. Srl is required to refund the amounts paid by the customer. Specifically, Azienda Agricola G.E.M.M.A. Srl will transmit the order for refund relating to the cost of the returned goods, including shipping costs, within 30 (thirty) days from becoming aware of the customer’s exercise of the right of withdrawal. This transaction will be carried out by refunding via PayPal or Stripe where possible or by crediting the amount to the bank account indicated by the customer. Azienda Agricola G.E.M.M.A. Srl has the right to reject any returned products that do not comply with the methods outlined above, as well as products for which the customer has not fully paid the return costs, or if the methods and times indicated for the communication of the exercise of the right of withdrawal have not been respected.

EXPRESS TERMINATION CLAUSE
In case of non-payment, either total or partial, of the purchase price of the goods, Azienda Agricola G.E.M.M.A. Srl reserves the right to declare, according to and for the purposes of Article 1456 of the Italian Civil Code, the termination of this contract by sending a written communication to the customer’s email address.

COMPLAINTS
For any complaints or clarifications, the customer should write to the following email address: amministrazione@agricolagemma.com. The customer will be contacted for clarifications within 3 (three) working days from the request.

APPLICABLE LAW AND JURISDICTION
All disputes arising from this contract will be submitted to an attempt at conciliation with the Mediation Body of the Frosinone Chamber of Commerce and resolved according to the Mediation Regulation adopted by it.
If the parties intend to resort to ordinary judicial authorities, the competent court is that of the consumer’s place of residence or elected domicile, mandatory under Article 33, paragraph 2, letter u) of the Consumer Code.

REFERENCES
This contract is governed by Italian law.
For anything not expressly provided here, the applicable laws to the relationships and cases governed by this contract are referred to, particularly Article 5 of the 1980 Rome Convention.
Pursuant to Article 60 of the Consumer Code, the provisions contained in Part III, Title III, Chapter I of the Consumer Code are expressly referenced here.