Terms and Sale Conditions

GENERAL TERMS AND CONDITIONS OF ONLINE SALES (‘ECGV’)

(Version “00”, February 2025)

  1. FOREWORD AND GENERAL PROVISIONS
  • The following GTCS regulate the offer and sale of products on the website that can be reached at the URL: https://www.morelloaustera.com
    The website is owned and managed by Soc. agricola Morelloaustera, loc. San Rocco Meleta 12 61044 Cantiano PU Italy, P.IVA 02317820419.
  • The rights of consumers under the legislation in force in their country of residence remain unaffected. However, these General Conditions and all the contracts concluded through the Site are governed exclusively by Italian law, with the exclusion of the 1980 Vienna Convention on the International Sale of Goods. In particular, contracts concluded with Morelloaustera through the Site are governed by Legislative Decree no. 206 of 6 September 2005 (‘Consumer Code’) and subsequent amendments and integrations and by Legislative Decree no. 70 of 9 April 2003 (‘Ecommerce Decree’) and subsequent amendments and integrations.
  • The Buyer is invited to read these General Conditions carefully and to keep a copy of them. The General Conditions are always available and downloadable in digital format from the Site.

 

  1. DEFINITIONS

The expressions hereafter conventionally indicated with a capital letter (whether in the singular or plural) have the respective meaning:

  • Online General Terms and Conditions of Sale (‘GTCS’): set of contractual rules with which Morelloaustera regulates commercial relations with Surfers and Buyers through the Site;
  • Buyer: the subject who concludes the contract with Morelloaustera, i.e. the natural person who, pursuant to the Consumer Code, acts for purposes unrelated to any entrepreneurial or professional activity carried out (‘Consumer’). The Site is not intended for professionals, i.e. natural or legal persons acting in the exercise of their entrepreneurial or professional activity, or their intermediaries, who, therefore, may not conclude telematic transactions with Morelloaustera;
  • Surfer: anyone accessing and consulting the Site, regardless of registration or purchase of Products;
  • Privacy: privacy policy published by Morelloaustera here;
  • Data: personal data of the Surfer and Buyer, provided in accordance with the Privacy, for example, by filling in the form for registration on the Site;
  • Product: good that is the subject of the individual transaction. The information on the Products collected in the relevant data sheet shall not be considered binding for Morelloaustera except in the form and manner provided for in the ECGV, always without prejudice to the provisions of the Consumer Code and other mandatory regulations. Information on the Products is provided in the relevant sheets. In case of special needs (for example, allergies or intolerances), the Buyer is invited to contact Morelloaustera prior to the purchase, by contacting Morelloaustera at the contact details available on the Site or to exercise the right of withdrawal in the forms and according to the modalities provided for by the GCOS;
  • Online Shop: e-commerce platform hosted by the Site. The information in the Online Shop is available in Italian and in the other languages possibly indicated on the Site;
  • Parties: Morelloaustera, the Buyer and the Surfer;
  • Contract: agreement for the sale and purchase of one or more Products concluded telematically between Morelloaustera and the Buyer pursuant to the GCOS. The Contract is considered concluded in the place where Morelloaustera has its registered office. The conclusion of the Contract on the Site is reserved for adults (who have reached the age of 18);
  • Registration: the free-of-charge operation involving the issue of authentication credentials (‘Identification Codes’), represented by a User ID (in the form of an account name and/or email address) and a Password (in the form of an alphanumeric code), which allow access to the reserved area (login).
    The Registration has the function of univocally identifying the Buyer in the event of purchases made over time and to allow better usability of the Site, also through access to the reserved area;
  • Price: the amount to be paid as consideration for the purchase of the Product is expressed in euros, indicated in the Product sheet and shall be deemed inclusive of VAT, if due, unless otherwise indicated;
  • Charges: additional costs to be paid by the Buyer, such as shipping and packaging costs, clearly indicated before the Order confirmation;
  • Financial intermediary: the subject agreed with Morelloaustera, through which payment of the Price and Charges can be made (e.g. Paypal, credit institute, etc.);
  • Order: purchase order sent by the Buyer according to the modalities provided for by the present GCOS and the Purchase Procedure, which is followed by Morelloaustera’s order confirmation;
  • Delivery: for the purposes of exercising the rights under the warranties and the right of withdrawal, Delivery shall mean the physical receipt of the Product by the Buyer. Further details on the method of delivery are available in the Purchase Procedure.

 

  1. SCOPE OF APPLICATION

These GTC may be subject to change and additions over time. Each version is identified by a sequential number and the month of publication. The first version was published in November 2019 with the identification number ‘00’. ECGVs come into force from the moment they are published on the Site and apply exclusively to Orders placed after their publication. Buyers are invited to regularly access the Site and check the ECGVs in force. The placing of an Order implies full acceptance of the GCOS in force at the time of its transmission.

  • The GCOS do not regulate the sale of products and/or the provision of services other than the Products, which are indicated on the Site by means of links, banners or other hypertext links.
  • Resellers, wholesalers and persons who purchase Products for subsequent resale may not make purchases on the Site or register. Morelloaustera reserves the right to cancel orders that do not comply with this provision and, if necessary, refund any amounts paid.

 

  1. SITE REGISTRATION AND USE OF IDENTIFICATION CODES

To purchase Products you need to:

  • carry out Registration, creating an account within Morelloaustera. To complete the Registration procedure you are required to fill in the relevant form, entering the mandatory data requested, including your first name, last name, e-mail address, password, date of birth, telephone number, billing address and, if different, delivery address. This data is processed by Morelloaustera in accordance with the privacy policy available on the Privacy page;
  • approve the ECGVs by checking the appropriate box on the Registration form.
    By registering, the Buyer confirms having read and fully accepted the GCOS and the Privacy Policy.
  • In case of communication of incorrect, incomplete or false data, Morelloaustera reserves the right to suspend or cancel the account and, if necessary, cancel any Orders placed.
  • The Buyer undertakes to guarantee the confidentiality of its Identifying Codes and to prevent their use by third parties. Any activity carried out through the use of the Identifying Codes shall be considered to be carried out by the Buyer himself/herself, who shall be directly liable, unless he/she has promptly communicated to Morelloaustera the suspicion of unlawful use.
  • Morelloaustera shall consider any manifestation of will expressed through the Identification Codes associated with the account to be binding on the Buyer, unless proven otherwise.Any disputes must be promptly communicated to Morelloaustera in the manner provided for in the ECGVs.

 

  1. PURCHASE PROCEDURE AND ORDER COMPLETION

To start the purchase procedure on the Site, the Buyer, after having selected and inserted the Products in the ‘shopping cart’, can check the Order summary and, once the payment method has been chosen, send the Order to Morelloaustera electronically, following the instructions that will appear on the Site.The Contract shall only be deemed finalised when the Order is confirmed by Morelloaustera. Before completing the placing of the Order, the Buyer is invited to verify the correctness of the Order by correcting any errors.
After the Order has been sent, any requests for changes can only be accepted if the Order has not yet been processed. In case of need, the Buyer shall promptly contact Morelloaustera customer service according to the procedures indicated on the Site.

  • The Order shall be stored in Morelloaustera’s database for the time necessary for processing and administrative and accounting management, in compliance with the applicable regulations, including the terms provided for by the Civil Code and current tax regulations.To access his Order and Order history the Buyer may consult the ‘Order History’ section of the Site.

 

  1. CONCLUSION OF THE CONTRACT, EFFECTIVENESS, REJECTION AND EXECUTION

Receipt of the Order by Morelloaustera is confirmed by email sent to the email address provided by the Buyer, together with further information.

  • The conclusion of the Contract is communicated by email to the Buyer, by means of a confirmation message containing the Order data, the Price and the Charges of the purchased Products, the chosen means of payment. The Buyer undertakes to verify the content and correctness, reporting any errors to the email address indicated on the Contact page.
  • Morelloaustera reserves the right to refuse Orders – returning any amounts paid by the Buyer – in the following cases:
    (i) Orders from persons who have violated legal provisions, the GCOS, Warnings and other instructions published on the Site;
    (ii) Orders with quantity of Products or frequency of purchase abnormal compared to reasonable personal or commercial use;
    (iii) Unavailability, even temporary, of the Products ordered;
    (iv) Failure to successfully complete payment.
  • Morelloaustera shall only commence execution of the Contract upon full receipt of the Price and Charges. Unless otherwise stated, the Order shall be processed within 5-7 working days after receipt of payment.The Buyer will receive an email with confirmation of shipment. Morelloaustera shall fulfil its obligations with the Delivery of the supply object of the Contract to the courier whose services it uses from time to time. Shipping methods and approximate delivery times are specified here.
  • The Buyer has the right to modify or revoke the Order before receiving the email of shipment of the Products, using the contacts on the Contact page.
  • Without prejudice to the rights of Consumers, the Delivery terms indicated on the Site are attributed a non-essential nature for the purposes of the completion of the Contract and are to be considered merely indicative.
  • The Buyer guarantees the availability of sufficient funds to complete the Order and the accuracy of the payment information provided. Any liability in relation to the correct debiting of payments and the management of payment data is exclusively attributable to the Financial Intermediaries and/or institutions issuing the service (e.g. Paypal, banking institutions, payment circuits).
  • If Delivery to the address indicated by the Buyer fails (for example, due to unavailability or unjustified refusal by the Buyer), the courier shall return the Products to Morelloaustera.After thirty (30) days from the return without the Buyer having requested a new shipment, the Contract shall be considered terminated.Morelloaustera shall proceed to refund the total amount paid, deducting the shipping and return costs.If the Buyer requests a new shipment before the expiry of the thirty days, Morelloaustera will proceed with the shipment, subject to payment of the costs of return and new delivery.

 

  1. RIGHT OF WITHDRAWAL

Morelloaustera is committed to guaranteeing the full satisfaction of the Buyer (Consumer). The Consumer Code, in articles 64 and following, allows the Consumer to withdraw from the contract without having to provide reasons, by returning the products purchased online within 14 days from the date of their receipt. The returned products must not have been opened or tampered with.

To exercise the right of withdrawal, the Consumer must send a communication to info@morelloaustera.com containing:

  • The declaration of willingness to avail oneself of the right of withdrawal;
  • The indication of the products for which the right of withdrawal is to be exercised;
  • The progressive order number issued at the time of purchase;
  • The data relating to the Customer’s bank account, exclusively in the event that payment was made by bank transfer.

If the right of withdrawal is exercised, Morelloaustera will fully refund the price and charges incurred by the Consumer for the purchase of the products, provided these are returned intact and sealed and only if the return instructions indicated above are correctly followed. In any case, each delivery will include clear instructions for returning the products. Morelloaustera reserves the right to refuse the return of products that do not comply with these requirements.

If all the above-mentioned conditions are respected, Morelloaustera will refund the amount paid for the purchase of the returned product in the shortest time possible and, in any case, within 30 days of receipt of the communication exercising the right of withdrawal. The refund shall be made using the same method of payment chosen by the Consumer at the time of purchase. In the event that the products have been delivered to a person other than the payer, Morelloaustera will credit the amount due to the person who made the payment.

The costs of returning the products are borne by the Consumer.

The right of withdrawal cannot be exercised in the case of the purchase of customised, made-to-measure or made-to-order products, nor in the case of products that, by their nature, cannot be returned or are liable to deteriorate or alter rapidly.

 

  1. CONSUMER GUARANTEES

Morelloaustera ensures the application of the 24-month legal guarantee provided for by the Consumer Code (articles 128 et seq.)

  • In the case of the return of products that the consumer considers flawed, defective or non-compliant with the contract, Morelloaustera reserves the right to request the sending of photographs of the product, in which is visible, if possible, the reason for which the consumer intends to make use of the guarantee. This request is intended to speed up and simplify the process of verifying the defect, but does not constitute an obligation for the consumer.
    If the claim is accepted, Morelloaustera will send a communication containing the possible return authorisation and instructions for the return at its own expense.

  • Important: The consumer is invited to wait for Morelloaustera’s instructions or any proposals before returning the product. In the event of failure to comply with instructions (e.g. return by a courier not indicated by Morelloaustera or without prior authorisation of the return), the guarantee may not be applicable, or may only operate in part.

 

  1. JURISDICTION AND CONCILIATION

For any dispute between the Consumer and Morelloaustera, the court in whose district the Consumer has his/her residence or domicile shall have jurisdiction.

Before going to court, for all disputes arising from the GCOS and the contracts, including those relating to their existence, effectiveness or interpretation, the Consumer and Morelloaustera shall be entitled to make use of the conciliation service provided by the Chamber of Commerce or other entity authorised by law, to which the Consumer has applied.

Alternatively, the Consumer has the option of using the Online Dispute Resolution (ODR) platform, made available by the European Commission, which allows online dispute resolution in a simple and free manner.

Joining such conciliation procedures is optional for the consumer, who can always decide to go directly to ordinary justice if he/she so wishes.