Terms of service
TERMS & CONDITIONS
1. SELLER INFORMATION
The products offered on the website www.poderitesio.it are sold by Società Agricola Poderi Tesio s.s., with its registered office at Via Verdi 4, 14049 Nizza Monferrato (AT), VAT 01693930057, registered under the Companies Register of Asti, REA number AT - 301417 (hereinafter the Seller or Poderi Tesio).
The Seller can be contacted at the following contacts: telephone: + 39 335 8385072; e-mail info@poderitesio.it.
2. SCOPE OF APPLICATION
2.1. The following Sales Terms & Conditions govern the offer and sale of the Products by the Seller through the website www.poderitesio.it (the Site).
2.2 The sale of the Products through the Site constitutes a distance contract governed by Chapter I, Title III (Articles 45 et seq.) of Legislative Decree 6 September 2005, n. 206 (Consumer Code) and by Legislative Decree 9 April 2003, n. 70, containing regulations on electronic commerce.
2.3 These Terms & Conditions may be modified at any time. Any changes and/or new conditions will be in force from the moment of their publication on the Site. The applicable Terms & Conditions are those in force at the date of sending the purchase order.
2.4 These Terms & Conditions do not govern the sale of products and/or the provision of services by parties, other than the Seller, that are present on the Site through links, banners or other hypertext connections. The Seller does not carry out any checks and/or monitoring on these websites. Therefore, the Seller is not responsible for the provision of services and/or the sale of products by such parties, nor for the content of these websites, nor for any errors and/or omissions and/or violations of law by the same.
2.5 The person accessing the Site to make purchases (Customer), at the time of placing the order, confirms that he/she has read and accepted these Terms & Conditions, as well as the additional information contained on the Site, including the references to the Privacy policy and Cookie policy. Therefore, the Customer is required to carefully read these Terms & Conditions, as well as all other information provided on the Site, before and also during the purchase procedure.
2.6 Under no circumstances shall the Seller be held liable towards the Customer or third parties for any indirect, incidental, special, or consequential damages. This includes, but is not limited to, any loss of profit or other indirect loss resulting from the use of the Site or the inability to use it. The Seller cannot guarantee or assert: (i) that the Site is free from viruses or programs that may damage data; (ii) that the information contained on the Site is accurate, complete, and up to date.
2.7 Unless otherwise agreed with the Seller, it is not possible to place orders by email on the Site. The Seller does not accept orders by phone, unless otherwise agreed with the Customer.
2.8 The entirety of any element of the Site is the property of the Seller or third parties. Unless a specific written consent is obtained from the Seller, it is prohibited to reproduce, in whole or in part and by any means, distribute, publish, transmit, modify, or sell all or part of the content of the Site.
2.9 The images and descriptions of the Products contained in the Site are to be considered merely indicative. The colors may differ from the actual ones due to the settings of the computer systems or computers used for their display. The Seller assumes no responsibility if the Product color differs from what the Customer expected. The Customer is invited to contact the Seller in case of doubts about the color of one or more Products on the Site.
3. PURCHASES ON THE SITE
3.1 In order to make a purchase on the Site it is necessary to follow the procedure present on the Site itself, entering the data requested from time to time. The sale contract between the Customer and the Seller is concluded with the acceptance of the order by the Seller. Once the order has been received, the Seller will send the Customer a confirmation email with a summary of the purchased Products.
3.2 The Customer undertakes to immediately inform the Seller if he/she suspects or becomes aware of any improper use or disclosure of any information he/she entered on the Site.
3.3 The Customer guarantees that the personal information provided is complete and truthful and undertakes to keep the Seller indemnified and held harmless from any damage, compensation obligation, and/or penalty arising from and/or in any way connected to the violation of this commitment.
3.4 The Seller reserves the right to refuse orders from Customers who have previously violated these Terms & Conditions or any legal provision.
3.5 According to Italian law, the purchase of alcoholic products is prohibited for individuals under 18 years of age. Therefore, the purchase of alcoholic products from the Site is reserved to Customers over 18 years of age. By using the Site, the Customer declares to be of legal age.
3.6 The Seller does not provide any guarantee that the Site is constantly functioning and operational. Updates to the content management platform (CMS) may occur, which could imply a temporary suspension of service. The Seller assumes no responsibility for any prejudice or damage that the Customer may suffer from this circumstance.
3.7 Once the order has been placed, the Customer will receive a confirmation email with a summary of the order details, which will include: (i) the Seller’s details; (ii) the characteristics of the purchased Product; (iii) the purchase price and any taxes; (iv) any additional costs; (v) the right of withdrawal or its exclusion; (vi) the shipping address; (vii) the payment method used.
3.8 The Seller reserves the right to refuse or cancel orders that come from: (i) a Customer with whom there is an ongoing legal dispute; (ii) a Customer who has previously violated these Terms & Conditions; (iii) a Customer who has been involved in any type of fraud, particularly in credit card payment fraud; (iv) a Customer who has provided false, incomplete, or otherwise inaccurate identification data, or who has not promptly sent the documents requested by the Seller according to these Terms & Conditions, or who has sent invalid documents. In any case, the Seller reserves the right to cancel orders related to transactions that do not exhibit an absolute degree of authenticity.
3.9 Regarding purchases on the Site, it may occur that: the purchasing process contains a material error; the Product page contains incorrect information due to material errors (e.g., the Product price); by a material error, a Product is listed as available but is not actually available during order preparation. In these cases, or in similar cases, the Customer can request the cancellation of the order or obtain, in agreement with the Seller, a different product, subject to any necessary adjustments related to the purchase cost.
4. ORDERS
4.1 The Customer can place orders on the Site in Italian and English.
4.2 In order to send the order to the Seller, the Customer must select the Products on the Site, click "add to cart," and follow the relevant purchase procedure. Orders can only be placed by Customers over the age of 18, subject to acceptance of these Terms & Conditions.
4.3 There is no minimum order requirement that the Customer must meet to make a purchase.
4.4 The Customer has the option to modify or cancel his/her order at any time during the purchase procedure by following the instructions on the Site. Once the data has been entered, the Customer will be asked to review and confirm the order.
4.5 Following the submission of the order, the purchase procedure is concluded, and the Customer will receive an automatic email from the Seller containing the order details and a description of the ordered Products (Order Proposal). The Order Proposal does not constitute confirmation or acceptance of the order itself.
4.6 The Seller will send formal acceptance of the order to the Customer via email, confirming the order processing and subsequent shipment of the Products (Order Confirmation). The sales contract between the Seller and the Customer is concluded upon receipt of the Order Confirmation.
Order processing: if the Seller receives the order over the weekend, it will be processed the following Monday. If the order is received during a holiday period, processing will take place on the next business day.
4.7 If, after the conclusion of the contract, it is not possible to ship the ordered Product in whole or in part due to force majeure or reasons beyond the Seller's control, the Seller reserves the right to withdraw from the contract in whole or in part. The Customer will be informed by email. Any payments already made by the Customer will be fully (in case of total withdrawal) or partially (in case of partial withdrawal) refunded. In such a case, the Customer cannot claim any further rights or claims against the Seller.
5. PRODUCT AVAILABILITY
5.1 The Products offered on the Site are limited in number. Therefore, it may happen that, due to the possibility that multiple Customers purchase the same Product simultaneously, the ordered Product is no longer available after the transmission of the purchase order.
5.2 The Customer will be promptly informed in case of unavailability of the ordered Product. In this case, the Customer will have the option to terminate the purchase contract, provided that i) they accept that the Seller provides a different product, of equivalent or higher value, upon payment, in the latter case, of the difference, if restocking is not possible; or ii) they accept a delay in delivery terms, if restocking is possible.
5.3 If the Customer requests a refund of the amount paid for the purchase of the Products that later turned out to be unavailable, the Seller will issue the refund within a maximum period of 14 working days from the end of the collection. This amount will be credited to the same payment method used by the Customer for the purchase or to a different method agreed upon by the Customer and the Seller.
5.4 If the Products offered on the Site are not available for sale at the time of the purchase procedure, the Customer can write to the Seller (at the indicated email contact) to receive information about the future availability of the Products they are interested in. The Seller will inform the Customer via email when the Products are available for sale. The availability request does not entail any purchase obligation by the Customer.
6. PRICE AND PAYMENT METHODS
6.1 On the Site, all prices are expressed in Euros (€) and include VAT (Value Added Tax), unless otherwise specified. Any additional costs will be expressly and separately indicated on the order form, before the Customer proceeds to transmit it.
6.2 The Seller reserves the right to change the price of the Products at any time without notice, provided that the price charged to the Customer will be the one indicated on the Site at the time the order is placed, and any subsequent changes (increases or decreases) will not be considered.
6.3 The free -or not- of the shipping costs of the Products is indicated from time to time, in the purchase procedure, in the Product sheet, or otherwise on the Site itself.
6.4 The Seller will ship the Products only after receiving confirmation of the payment authorization or the credit of the total amount due. The ownership of the Products will be transferred to the Customer at the time of shipment, this to be understood as the moment of delivery of the Product to the carrier. The risk of loss or damage to the Products, due to causes not attributable to the Seller, will be transferred to the Customer when the Customer, or a third party designated by the Customer and different from the carrier, materially takes possession of the Products.
6.5 The purchase contract is conditionally resolved in case of non-payment of the total amount due. Unless otherwise agreed in writing with the Customer, the order will be consequently canceled.
6.6 If there is an error in the Product price indicated on the Site, the Seller reserves the right to communicate the correct one to the Customer even after the conclusion of the purchase order. In this scenario, the Customer has the right to accept the new price or to terminate the purchase contract. The Seller may also cancel the purchase contract of the Product in these cases. The Seller may also cancel the sale if there is an error in the Product's availability.
6.7 Payment methods.
On the Site, payment for the Products can only be made by credit card. The following cards are accepted, as displayed during the purchase process: Visa, MasterCard, American Express, Union Pay, Apple Pay, Google Pay, Shopify Payments.
6.8 The charge will only be made after (i) the data of the Customer's payment card used for payment has been verified and (ii) the company issuing the Customer's payment card has authorized the charge.
6.9 In accordance with Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), Customers may be required to complete the purchase process by meeting the authentication criteria required by the payment institution responsible for processing the online payment transaction. The authentication criteria relate to the Customer's identity (to meet this criterion, the Customer must be registered on the Site at the time of purchase) and the simultaneous knowledge of the authentication code sent by the payment institution (Strong Customer Authentication). Failure to complete the above procedure may result in the inability to finalize the purchase on the Site. The confidential payment card data (card number, cardholder name, expiration date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by the Seller. Therefore, the Seller never has access to and does not store the Customer's payment card data used for Product payment, even if the Customer chooses to save such data on the Site.
6.10 It is not possible to pay by bank transfer or cash on delivery on the Site, unless otherwise agreed with the Seller.
6.11 In case of a discount code, if the value of the discount code is less than the order amount, the remaining amount can be completed using the payment methods provided on the Site. Each discount code can only be used for one purchase. Under no circumstances can discount vouchers be converted into money.
6.12 Promotional Products. The Seller has adopted a transparent system for all its online sales in accordance with Directive (EU) 2019/2161 (so-called Omnibus Directive), implemented by Legislative Decree no. 26 of March 7, 2023. The prices published on the Site have not been personalized based on automated decisions and are not influenced by the Customer's previous behavior. When there is a price reduction, the Site indicates the lowest price applied to the generality of consumers in the 30 days preceding the application of the price reduction (base price) and the discounted price. The Seller does not have continuously promoted items, and each promotion lasts a maximum of three months unless otherwise specified and concerns items not discounted in the previous 30 days. The Seller also uses personalized promotions through specific discount vouchers (Coupons) for individual Customers or homogeneous groups of Customers, allowing them to benefit from a discount on the price of all Products or specific Product ranges for continuous periods (even extended, for example, one year) or for single purchases.
7. SHIPPING AND DELIVERY
7.1 The delivery of the Products is provided in Italy to the address indicated in the order. The Customer can always contact the Seller for more information regarding the delivery of the Products; for example, to find out if delivery is available in countries other than those indicated on the Site.
7.2 The delivery obligation is fulfilled by transferring to the Customer the material availability or otherwise control of the Product.
7.3 The delivery time of the Products is 5/6 working days (excluding Saturdays, Sundays, and national holidays) from the moment of the Order Confirmation, except for unforeseen circumstances not attributable to the Seller. The Seller commits to respecting the indicated times; however, no responsibility can be attributed to the Seller for delays attributable to the carrier in charge, strikes, and/or other causes of force majeure.
7.4 To ensure maximum protection of the Products during transport, they are packaged with resistant materials. Upon delivery, the Customer or the person in charge of collecting the Products must verify the number of the Products received and check that the packaging is intact. If the packaging is damaged, tampered with, and/or altered and/or missing, the Customer must “accept with reservation” the package, indicating the reasons on the transport document (e.g., open packaging, dented box, other anomalies, etc.). If the actual presence of a damage to the Product due to transport is verified, the Customer must report it to the Seller within 5 days of receiving the goods, via email to info@poderitesio.it, attaching a copy of the signed document issued by the courier at the time of delivery. If the Product is damaged due to transport, and the Customer has accepted the package without reservation, or, despite having accepted it with reservation, has not reported it to the Seller in the manner and times indicated above, it will not be possible to proceed with the replacement of the Product.
7.5 The Site does not offer the possibility to collect the Product at a "pickup point" other than the address communicated by the Customer during the purchase procedure. However, the Customer is invited to regularly access the Site to check if this delivery option is subsequently made available on the Site.
7.6 The Customer acknowledges that the collection of the Product is a specific obligation. In the event of failure to collect the Product, the Seller reserves the right to terminate the purchase contract and claim compensation for any damage suffered from the failure to collect the Product.
8. RIGHT OF WITHDRAWAL – RETURNS AND REFUNDS
8.1 In the case of a purchase by a Consumer (according to the Consumer Code, this is the natural person acting for purposes unrelated to their entrepreneurial, commercial, professional, or craft activity, if any), he/she has the right to exercise the right of withdrawal from the purchase contract for any reason, without needing to provide explanations and without any penalty, within 14 days of receiving the Product (Withdrawal Period). In the case of a purchase by a “Professional” (according to the Consumer Code, this is the natural or legal person acting in the exercise of their entrepreneurial, commercial, professional, or craft activity), the right of withdrawal does not apply unless otherwise agreed with the Seller. Any exceptions to the right of withdrawal are listed in this article.
8.2 To exercise the right of withdrawal, the Consumer Customer must communicate their intention to exercise this right by sending – within the Withdrawal Period – an email to info@poderitesio.it or using the Contact Form available on the Site, indicating the Products for which they wish to exercise the withdrawal. The Seller will confirm receipt of the Consumer Customer's communication within the next 48 hours. The Consumer Customer must return the Products intact, in the original packaging, properly sealed, and complete with all its parts. Unless otherwise agreed, the return shipping costs are borne by the Customer. The shipment, until the confirmation of receipt at the Seller's premises or at a different address provided by the Seller, is under the complete responsibility of the Customer.
8.3 Once the goods reach the Seller's premises, and after verifying the integrity of the Products, the Seller will inform the Customer of the acceptance of the return and proceed to refund the paid price by crediting the credit card used for the purchase within the next 14 days. The right of withdrawal applies to the entire purchased Product. Therefore, if the Product is composed of multiple components or parts, it is not possible to exercise withdrawal only on a part of the purchased Product. The right of withdrawal is entirely forfeited if the returned Product is not intact, or the packaging is not sealed, or if elements related to the Product are missing.
8.4 Exceptions to the right of withdrawal. In addition to the case of the Professional Customer, the right of withdrawal is excluded, according to Article 59 of the Consumer Code, in the following cases: i) order of products that risk deteriorating or expiring rapidly; ii) order of sealed products that are not suitable for return for hygienic or health protection reasons or that have been opened after delivery.
9. LEGAL WARRANTY OF CONFORMITY
9.1 The Products purchased on the Seller's website are covered by a warranty if they present defects or are not as described at the time of purchase by the Seller.
9.2 In such a case, the Customer must immediately contact the Seller. The Customer will be entitled, at his/her choice, and provided that the type of Product allows it, to restore, free of charge, the conformity of the Product by replacement, or to an appropriate price reduction, or to terminate the contract (pursuant to Article 135-bis et seq. of the Consumer Code).
9.3 The Customer loses these rights if he/she does not report the lack of conformity to the Seller within 2 months from the date they discovered the defect, provided that it is not a product that by its nature is perishable or subject to a shorter expiration date; in this case, the defect must be reported within that shorter term.
9.4 The legal warranty covers all products that show a lack of conformity existing at the time of delivery and which manifest within 2 years from the date of purchase (the purchase invoice serves as proof).
9.5 The Seller is not liable for any damages of any kind resulting from the improper use of the product and/or non-compliance with the instructions provided by the manufacturer as well as in the case of damages resulting from accidental events or force majeure.
9.6 In the case of the purchase of products by a Customer qualified as a Professional, the legal warranty is governed by Articles 1490 et seq. of the Civil Code; in particular, the term for reporting any defects is 8 days from the discovery, and the action is time-barred 1 year from delivery.
10. CUSTOMER SERVICE.
It is possible to request information, send communications, request assistance, or submit complaints by contacting the Seller via e-mail at the following address: info@poderitesio.it or by using the contact form available on the Site. The Seller will provide a timely response via e-mail, in any case within 3 working days.
11. REVIEWS.
In accordance with Legislative Decree No. 26 of March 7, 2023, implementing the Omnibus Directive, Customers are informed that no tool is implemented on the Site that allows users to publish reviews. Customers are invited to check during future purchases if a tool has been implemented on the Site that allows users to publish their reviews regarding shopping experiences on the Site.
12. ONLINE DISPUTE RESOLUTION FOR CONSUMERS (ODR)
Pursuant to Article 14 of Regulation (EU) No 524/2013, the Seller informs Customers that qualify as Consumers that a European platform for online dispute resolution for Consumers (known as the ODR platform) has been established for out-of-court resolutions. The EU ODR platform is accessible via the link https://webgate.ec.europa.eu/odr. Through the ODR platform, Consumer Customers can consult the list of Alternative Dispute Resolution (ADR) bodies, find the link to each of their websites, and initiate an online dispute resolution procedure involving them.
13. APPLICABLE LAW AND JURISDICTION
13.1 The sales contracts concluded between Customers and the Seller through the Site are governed by Italian law.
13.2 For any dispute regarding the interpretation, application, and execution of these Terms & Conditions, if the Customer is a Consumer pursuant to the Consumer Code, the exclusive jurisdiction lies with the court of the place where the Customer resides or has elected domicile, if located in Italian territory. In the case of a Professional Customer, for any dispute regarding the interpretation, application, and execution of these Terms of Sale, the exclusive jurisdiction lies with the court of the place where the Seller is based.
13.3 For any dispute regarding the interpretation, application, and execution of these General Terms and Conditions, Customers residing in a member state of the European Union other than Italy can also access the European procedure established for small claims by Regulation (EC) No 861/2007 of the European Parliament and Council of 11 July 2007, provided that the value of the dispute does not exceed, excluding interests, rights, and expenses, Euro 5.000.00.
The text of the regulation can be found on the website www.eur-lex.europa.eu.
14. MISCELLANEOUS.
TESIO is a registered trademark. Photos, texts, descriptions, and everything contained on the Site are the property of Società Agricola Poderi Tesio s.s.
The total or partial reproduction of any part of the Site is prohibited. The reproduction of texts or photos for any use and in any form is also prohibited without prior written authorization from Società Agricola Poderi Tesio s.s.
Version 12.2024