Terms and conditions - Fattoria Emiliana

These Terms govern.

the use of this Web Site and
Any other Agreement or legal relationship with the Owner

In a binding way. 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:

Emilian Farm of Riccardo Mazzali
Garibaldi Square, 11 B Bagnolo in Piano (RE)

C.F. 02893360350

Holder's email address: info@fattoriaemiliana.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, some provisions may apply only to Consumers or only to Users not acting as Consumers. These limitations are always explicitly mentioned in each clause concerned. 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 functions 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 information provided 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.

Requirements for registration

Registration for a User account on this Web Site is subject to the conditions specified below. By registering an account, you confirm that you meet these conditions.

Account closure

You are free to close your account and cease using the Service at any time by following this procedure:

Using the account closure tools available on this Web Site.
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, this cannot always be achieved.
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 these 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

Provision of personal data

To access or receive some of the Products provided through this Web Site as part of the Service, Users may be required to provide their personal information as indicated on this Web Site.

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.

Promotions and discounts

The Holder may offer discounts or special promotions for the purchase of Products. Such promotions or discounts are always subject to the requirements and terms and conditions set forth in the relevant section of this Web Site.

Promotions and offers are always granted at the sole discretion of the Holder.

Repeated or periodic promotions or discounts do not constitute any claim or right actionable by Users in the future.

Depending on the case, discounts and promotions are valid for a specific period of time or while stocks last. Unless otherwise specified, time limitations on promotions and discounts are understood to refer to the time zone of the Holder's location as indicated in the contact information in this document.

Coupons

Promotions and discounts may be offered in the form of Vouchers.

In the event of a breach of the conditions applicable to the Vouchers, the Holder may legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take action in the appropriate fora, including the courts, in order to protect its rights and interests.

Any additional or divergent provisions applicable to the use of the Vouchers set forth on the relevant information page or on the Voucher itself shall prevail in all cases, regardless of the provisions that follow.

Unless otherwise specified, the following rules apply to the use of Vouchers:

Each Voucher is valid only if used in the manner and within the time period specified on the website and/or on the Voucher;
The Voucher can only be redeemed in full at the time of purchase - partial use is not permitted;
Except where otherwise specified, single-use Vouchers can be redeemed only once per purchase and can therefore be redeemed only once even in the case of installment purchases;
Vouchers are not cumulative;
The Voucher must be used within the specified validity period. After the deadline has expired, the Voucher will be automatically canceled. Any possibility of claiming rights, including to the refund of the value of the Voucher, is excluded;
The User is not entitled to any credit/refund/compensation in case there is a difference between the value of the Voucher and the redeemed value;
The Voucher is intended for non-commercial use only. Reproduction, counterfeiting and marketing of the Voucher is strictly prohibited, as is any illegal activity related to the purchase and/or use of the Voucher.

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.

Payment methods marked as such are handled directly by the Holder. The Holder collects and stores data necessary for payment processing and compliance with related legal obligations. To receive more information about the processing of personal data and related rights, the User may refer to the privacy policy of this Web Site.

Other payment methods, if any, are provided independently by third-party services. In these cases, this Web Site does not collect any payment information-such as credit card information-but receives notification from the relevant third-party vendor when the payment is successfully completed.

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 is not successful, the Owner reserves the right to claim reimbursement of any related expenses or damages from the User.

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 are required to check 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 a courier company engaged by the User and not proposed or approved by the Owner.

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.

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. The Consumer shall be liable to the Seller only for any diminution in the value of the goods resulting from handling the goods other than what is necessary to establish the nature, characteristics, and operation of the goods.

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 or her 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, refunds are made using the same means of payment used for the initial transaction. The User does not incur any costs as a consequence of 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. Refunds may be withheld until receipt of the goods or until the User has provided proof of return.

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.

Exceptions to the right of withdrawal

There is no right of withdrawal from contracts:

Of supplying custom-made or clearly customized goods;
Of supplying goods that are likely to deteriorate or expire rapidly;
of supplying sealed goods that are not suitable for return for hygienic or health protection-related reasons and have been opened after delivery;
Of supplying goods that, after delivery, are, by their nature, inseparably mixed with other goods;

UK User rights

Right to cancel

Unless exceptions apply, Users who are Consumers in the United Kingdom have a legal right of cancellation under UK law and may be eligible to withdraw from contracts made online (distance contracts) within the period specified below (generally 14 days), for any reason and without justification.

Users that do not qualify as Consumers, cannot benefit from the rights described in this section. Users can learn more about the cancellation conditions within this section.

Exercising the right to cancel

To exercise their right to cancel, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract. To this end, Users may use the model withdrawal form available from within the "definitions" section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the cancellation period expires. When does the cancellation period expire?

Regarding the purchase of goods, the cancellation period expires 14 days after the day on which the User or a third party - other than the carrier and designated by the User - takes physical possession of the goods.
Regarding the purchase of several goods ordered together but delivered separately or in case of purchase of a single good consisting of multiple lots or pieces delivered separately, the cancellation period expires 14 days after the day on which the User or a third party - other than the carrier and designated by the User - acquires physical possession of the last good, lot or piece.

Effects of cancellation

Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery.

However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.

Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.

...on the purchase of physical goods

Unless the Owner has offered to collect the goods, Users shall send back the goods or hand them over to the Owner, or to a person authorized by the latter to receive the goods, without undue delay and in any event within 14 days from the day on which they communicated their decision to withdraw from the contract.

The deadline is met if the goods are handed to the carrier, or otherwise returned as indicated above, before the expiration of the 14-days-period for returning the goods. The refund may be withheld until receipt of the goods, or until Users have supplied evidence of having returned the goods, whichever is the earliest.

Users shall only be liable for any diminished value of the goods resulting from the handling of the goods outside of that which is necessary to establish their nature, characteristics and functioning.

The costs of returning the goods are borne by the User.

Guarantees

Legal guarantee of conformity of the Product according to European Union regulations

According to European legislation, the seller guarantees the conformity of goods sold to Consumers for a minimum period of 2 years after delivery.

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 Users broader rights.

Specifically, Consumers residing in France may exercise their conformity warranty rights within two years of delivery of the goods without having to produce proof of the defect or lack of conformity. The time period for which the Consumer is exempt from producing proof is reduced to six months in the case of used goods.

By exercising the warranty right, the Consumer can choose between requesting replacement or repair of the defective good under the conditions specified in the French Consumer Code.

This legal warranty of conformity is applicable regardless of any additional commercial warranties granted by the Owner.

The Consumer may also exercise the right of warranty for hidden defects under the relevant provisions of the French Civil Code, choosing between withdrawal from the purchase and price reduction.

Consumers not acting as European Consumers may have conformity warranty rights under the laws of the country in which they ordinarily reside.

Conformity to contract for Consumers in the United Kingdom

Users in the United Kingdom qualifying as Consumers have a right to receive goods that are in conformity with the contract.

Garantia legal de conformidade de produtos para Consumidores no Brasil

A garantia legal aplicada aos produtos comercializados por (físicos e digitais) obedece aos seguintes termos, de acordo com o Código de Defesa do Consumidor:

os produtos não duráveis terão garantia de 30 (trinta) dias; e
os produtos duráveis terão garantia de 90 (noventa) dias.

O período de garantia começa a partir da data de entrega do produto.

A garantia não é cabível em casos de uso indevido, eventos naturais ou se o produto tiver sido submetido a qualquer outra assistência técnica que não seja a fornecida por questo Sito Web. A garantia pode ser acionada através dos canais de contato fornecidos por questo Sito Web. Se necessário, o Proprietário arcará com os custos do envio do produto para avaliação técnica. O Proprietário, a seu critério, também poderá fornecer uma garantia contratual além da garantia legal. As normas aplicáveis às garantias contratuais podem ser encontradas nas especificações fornecidas por questo Sito Web. Se tais informações não forem fornecidas, apenas as disposições legais serão aplicadas.

Exclusion of legal product conformity warranty for Consumers in Switzerland

Where Users act as Consumers in Switzerland, the legal warranty of conformity of goods and/or digital goods is completely excluded and does not apply to the Products available on this Web Site.

Limitation of liability and indemnity

Unless otherwise specified or agreed to with Users, Owner's liability for damages related to the performance of the Agreement shall be excluded, limited and/or reduced to the maximum extent permitted by applicable law.

Manleva

The User agrees to indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-brand owners, partners and employees to the fullest extent of the law from any claim or demand - including, without limitation, attorneys' fees and expenses - made by any third party due to or in connection with conduct in violation of these Terms, third party rights, or the law, incurred in connection with the use of the Service and chargeable to the User, its affiliates, officers, agents, brand co-owners, partners, and employees, in negligence.

The foregoing also applies to any claims asserted by third parties (including, but not limited to, the Holder's customers) against the Holder in connection with the Digital Products provided by the User, such as, for example, compliance claims.

Limitation of liability for User's activities on this Web Site

Except where otherwise specified and subject to applicable provisions of law, any claim for damages against the Holder (or any natural or legal person acting on its behalf) is excluded.

The foregoing does not limit the Owner's liability for death, personal injury or damage to physical or mental integrity, damages arising from the breach of essential contractual obligations, such as obligations strictly necessary to achieve the cause of the contract, and/or to damages caused by willful misconduct or gross negligence, provided that the User's use of this Web Site has been fit and proper.

Unless the damage was caused with malice or gross negligence or affects life and/or personal, physical or mental integrity, the Holder is liable only to the extent of the damage typical for the type of contract and foreseeable at the time of conclusion.

Australian users

Limitation of liability

Nothing in these Terms shall exclude, limit or modify 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 Holder's option, to a re-provision of the Services or payment of the cost of re-provision thereof.

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, 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 provided herein

Notwithstanding the foregoing, the Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers, and employees do not guarantee 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 will be 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 warrant, 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 damage, 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 and 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 exceeding 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 maximum 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 User 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 third party rights, 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 its statutory rights or claims under these Terms does not constitute a waiver of them. No waiver can be considered final in relation to a specific right or any other right.

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 termination of the Service, the Owner will ensure that Users are able to extract their Personal Data and information and will respect Users' rights related to continued use of the product and/or compensation, according to the provisions of the 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 - word 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 a 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.

Your continued use of the Service signifies your acceptance of the updated Terms. If you do not wish to accept the changes, you must cease using the Service and may terminate the Agreement.

The previous version continues to govern the relationship until the User accepts the changes. This version can be requested from the Holder.

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 will be interpreted and adjusted 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 regulated subject matter and supersede all other communications, including any prior agreements, between the parties with respect to the regulated subject matter.
These Terms will be implemented 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 amicably locate a valid and effective substitute provision for the void, invalid, or ineffective provision.
In case of failure to agree within the aforementioned terms, if permitted or provided for by applicable law, the void, invalid, or ineffective provision shall be replaced by the applicable legal framework.

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.

Exception for Consumers in Switzerland

If the User acts as a Consumer in Switzerland, Swiss law will apply.

Exceção para Consumidores no Brasil

Se o Usuário se qualificar como um Consumidor Brasileiro e o produto e/ou serviço for comercializado no Brasil, será aplicada a legislação brasileira.

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.

Exceção para Consumidores no Brasil

O acima não se aplica a Usuários no Brasil que se qualifiquem como Consumidores.

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 5 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 may use this platform to resolve disputes arising from contracts concluded online. The platform is available here.

Definitions and legal references

This Web Site (or this Application)

The structure that enables the provision of the Service.

Agreement

Any legally binding or contractual relationship between the Owner and the User governed by the Terms.

Brazilian (or Brazil)

It applies when the User, regardless of nationality, is in Brazil.

Commercial User

Any User who does not meet the definition of a Consumer.

Good

Any digital or paper code or voucher that allows the User to purchase the Product at a discounted price.

Digital Product

It is a Product that consists of:

Content produced and delivered digitally; and/or
a service that enables the creation, transformation, storage or access of data in digital format, or sharing or any other interaction with data in digital format uploaded or created by the User and any other User of this Web Site.

European (or Europe)

It applies when the User, regardless of nationality, is in the European Union.

Standard withdrawal form

Addressed to:

Fattoria Emiliana di Riccardo Mazzali Piazza Garibaldi, 11 B Bagnolo in Piano (RE) C.F. 02893360350
info@fattoriaemiliana.it

I/we hereby give notice of withdrawal from my/our contract of sale of the following goods/services:

_____________________________________________ (enter here a description of the goods/services from whose purchase you intend to withdraw)

Ordered on: _____________________________________________ (insert date)
Received on: _____________________________________________ (insert date)
Nome del/dei consumatore/i:_____________________________________________
Indirizzo del/dei consumatore/i:_____________________________________________
Data: _____________________________________________

(sign only if this form is served in paper version)

Owner (or We)

Denotes the natural or legal person who provides this Web Site and/or offers the Service to Users.

Product

A good or service available through this Web Site, such as a tangible good, digital files, software, reservation services etc., and any other type of product defined separately herein, such as Digital Products.

Service

The service offered through this Web Site as described in the Terms and on this Web Site.

Swiss (or Switzerland)

It applies when the User, regardless of nationality, is in Switzerland.

Terms

All terms and conditions applicable to the use of this Web Site and/or the provision of the Service as described herein as well as in any other document or agreement related thereto, in its most current version, respectively.

United Kingdom (or UK)

It applies when the User, regardless of nationality, is in the United Kingdom.

User (or You)

Denotes any natural person using this Web Site.

Consumer

Any User considered to be such under applicable law shall be considered a Consumer.